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HomeMy WebLinkAboutCity Council Agenda Item No 07 CITY OF LAA E OLSINOU DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: JULY 10, 2012 SUBJECT: PUBLIC HEARING ON THE CITYWIDE LANDSCAPING & STREET LIGHTING DISTRICT AND THE LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2012 -13 Recommendations 1. Open the public hearing and take testimony related to the Citywide Landscaping & Street Lighting District ( "Citywide LLD ") and Landscaping & Street Lighting Maintenance District No. 1 ( "LLMD No. 1") annual assessments 2. Close the public hearing 3. Adopt Resolution No. 2012 -034 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2012 -13 for the Citywide LLD. These assessments have remained the same since 1997. 4. Adopt Resolution No. 2012 -035 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2012 -13 for the LLMD No. 1. These assessments have been increased for the 2% cost inflation factor over FY 2011 -12. However, no assessments will be levied at the maximum assessment rate for FY 2012 -13. Background The City Council established the Citywide LLD in 1988 for the purpose of maintaining those facilities in accordance with the Landscaping and Lighting Act of 1972. With the passage of Proposition 218, in November, 1996, which created Article XIII D of the State Constitution, park facilities could no longer be funded through the Citywide LLD without property -owner approval. Therefore, maintenance of park facilities was removed from the Citywide LLD. Since then the cost of park maintenance has fallen to the General Fund. AGENDA ITEM NO. 7 Page 1 of 11 Public Hearing for LLMDs July 10, 2012 Page 2 The LLMD No. 1 was formed in 2003 for the purposes of maintaining street lighting and landscaping facilities in localized areas. Twenty -four (24) developments have annexed into the district through assessment ballot proceedings pursuant to Proposition 218. On June 12, 2012 the City Council adopted the appropriate resolutions to commence the proceedings for the annual levy of assessments for Fiscal Year (FY) 2012 -13 for the Citywide LLD and the LLMD No. 1. The Public Hearing was set for July 10, 2012. Discussion Annually, the City must conduct a public hearing to confirm the assessments for the next fiscal year in the Citywide LLD and LLMD No. 1, per the Landscaping and Lighting Act of 1972. Attached are two Resolutions for FY 2012 -13 providing for the Annual Levy and Collection of Assessments in both Districts. The Citywide LLD includes all 26,693 parcels within the City. The annual assessments are based upon a parcels type of land use, size, and level of maintained improvements and range from $4.98 to $14,021. These assessments have remained the same since 1997. The assessments cannot increase without majority approval of the property owners pursuant to Proposition 218. The LLMD No. 1 includes approximately 3,671 parcels within 24 Zones throughout the City. The annual assessments are based upon a parcels type of land use, size and level of maintained improvements and range from $.54 to $6,742.88. These assessments have been increased 2% over FY 2011 -12. When each Zone is formed, a maximum rate is set to include the cost of maintenance of the included improvements, included with the maximum rate is a 2% cost inflation factor. However, no assessments will be levied at the maximum assessment rate for FY 2012 -13. Zones 9, 10, 12, 13, 15, 21 and 24 will have $0.00 assessments for FY 2012 -13, due to the fact the City is not responsible for the maintenance of improvements in these Zones yet. Details of the assessments are provided in the FY 2012 -13 Final Engineer's Report for each district. Fiscal Impact The total assessment amount for FY 2012 -13 in the Citywide LLD is $1,363,596. The total assessment amount for LLMD No. 1 is $218,153. Zone 4 of LLMD No. 1 requires a general fund contribution of $6,612.30 to cover the general benefit portion of the park maintenance costs, as required by Article XIII D of the State Constitution. Prepared by: James R. Rile./ i" Director of Admitrative Services Approved by: Thomas P. Evans ` Interim City Manag Page 2 of 11 Public Hearing for LLMDs July 10, 2012 Page 3 Attachments • Resolutions (2) • Final Engineer's Reports for Citywide LLMD and LLMD No. 1 .(L Page 3 of 11 Page 4 of 11 RESOLUTION NO. 2012 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2012 -13 WHEREAS, the City Council of the City of Lake Elsinore, California, has initiated proceedings for the annual levy of the assessments for a landscaping and street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972 ", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING & STREET LIGHTING DISTRICT (hereinafter referred to as the "District "); and WHEREAS, the City Council has ordered the preparation of a report and the City District Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing Fiscal Year relating to the above referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of the proposed assessment; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50 %) of the area of assessable lands within the District, and all protests are overruled and denied. SECTION 3. That this City Council hereby confirms the diagram and assessment as submitted and order the annual levy of the assessment for the Fiscal Year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. Page 5 of 11 SECTION 5. That the adoption of this Resolution constitutes the levy of the assessment for the Fiscal Year. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report", pursuant to said "Landscaping and Lighting Act of 1972 ", as submitted, are hereby approved, adopted by this City Council and hereby confirmed. SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City. SECTION 8. That the City has previously established a special fund known as the CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING & STREET LIGHTING DISTRICT into which the City shall place all monies collected by the Tax Collector pursuant to the provisions of the Resolution and law and said transfer shall be made and accomplished as soon as said monies have been made available to said City. SECTION 9. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. SECTION 10. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. Page 6of11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 10 day of July, 2012. BRIAN TISDALE MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY Page 7of11 Page8ofll RESOLUTION NO. 2012 -035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2012 -13 WHEREAS, the City Council of the City of Lake Elsinore, California, has initiated proceedings for the annual levy of the assessments for a landscaping and street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972 ", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as CITY OF LAKE ELSINORE LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1 (hereinafter referred to as the "District "); and WHEREAS, the City Council has ordered the preparation of a report and the City District Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing Fiscal Year relating to the above referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of the proposed assessment; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50 %) of the area of assessable lands within the District, and all protests are overruled and denied. SECTION 3. That this City Council hereby confirms the diagram and assessment as submitted and order the annual levy of the assessment for the Fiscal Year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. Page 9of11 SECTION 5. That the adoption of this Resolution constitutes the levy of the assessment for the Fiscal Year. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report", pursuant to said "Landscaping and Lighting Act of 1972 ", as submitted, are hereby approved, adopted by this City Council and hereby confirmed. SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City. SECTION 8. That the City has previously established a special fund known as the CITY OF LAKE ELSINORE LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1 into which the City shall place all monies collected by the Tax Collector pursuant to the provisions of the Resolution and law and said transfer shall be made and accomplished as soon as said monies have been made available to said City. SECTION 9. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. SECTION 10. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. Page 10 of 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 10 day of July, 2012. BRIAN TISDALE MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY Page 11 of 11