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HomeMy WebLinkAboutItem #10CITY OF LADE � LSI110RE DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: JULY 9, 2013 SUBJECT: PUBLIC HEARING ON THE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT AND THE LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2013 -14 Recommendations 1. Open the public hearing and take testimony related to the Citywide Landscaping & Street Lighting District ( "Citywide LLMD ") and Landscaping & Street Lighting Maintenance District No. 1 ( "LLMD No. 1 ") annual assessments 2. Close the public hearing 3. Adopt Resolution No. 2013 -038 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2013 -14 for the Citywide LLMD 4. Adopt Resolution No. 2013 -039 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2013 -14 for the LLMD No. 1 Background The City Council established a Citywide LLMD in 1988 for the purpose of operating and maintaining enhanced public street lighting, right of way landscaping, public street trees and parks throughout the City. The Citywide LLMD was established under the California Landscaping and Lighting Act of 1972. Several improvement areas were established within the Citywide LLMD based upon the level and type of improvements maintained. These improvements then provided a basis for creating several benefit zones throughout the Citywide LLMD to ensure parcels were assessed based upon special benefit to them. The Citywide LLMD only includes those facilities found to be exempt by Proposition 218, a Constitutional Amendment passed by the voters in November, 1996. Park facilities are not exempt per the Constitutional Amendment. Therefore, since November, 1996, park maintenance was removed from the Citywide LLMD and has been provided through the General Fund. The assessment rate for the Citywide LLMD AGENDA ITEM NO. 10 Page 1 of 8 was set in 1996 and cannot be increased without voter approval. In Fiscal Year 2013- 14, approximately 141 parcels have been added to the Citywide LLMD as part of the recent Local Area Formation Commission ( LAFCO) action 2007 -68 -1 on September 12, 2012, also known as the "3rd Street Annexation." The LAFCO action specified these parcels would be subject to the Citywide LLMD at the time of approval and, therefore, further approval is needed. In addition to the Citywide LLMD, the City Council established LLMD No. 1 in 2003 for the purpose of operating and maintaining enhanced public street lighting, right of way landscaping, public street trees, and parks that are of a specialized benefit area. These improvements are typically installed as a condition of approval for the subdivisions assessed and each benefit zone within LLMD No. 1 has been created to fund these specialized improvements. There are currently 24 benefit zones that have been created. Each benefit zone represents a new development area since 2003. In Fiscal Year 2013 -14, it is proposed that Benefit Zone 25 (Crane Street) be added. Benefit zone 25 has been created as a carryover from Street Lighting Zone 77 of the Riverside County Landscaping and Lighting Maintenance District No. 89 -1. This area was part of the recent annexation mentioned above. The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer's Report be prepared to set assessment rates each fiscal year. In addition, any new assessment districts or any annexation of additional property into existing assessment districts also requires an Engineer's Report to be generated. The Fiscal Year 2013 -14 assessments in the Citywide LLMD and the LLMD No. 1 Final Engineer's Report will be assessed on the Fiscal Year 2013 -14 tax roll and are calculated by considering all anticipated expenditures for maintenance, utilities and administration. Any excess dollars from previous fiscal years are carried over to current reports and the assessment amounts are adjusted accordingly. The assessment rates may or may not change from fiscal year to fiscal year, dependent upon maintenance to be performed, but cannot exceed the maximum amount set when the districts were originally formed, plus an annual cost of living adjustment(the Citywide LLMD has no cost of living adjustment). The amounts being assessed for the Fiscal Year 2013 -14 tax year are either at, or below the maximum assessment authorization. As a part of the process, the Landscaping and Lighting Act of 1972 requires that an Engineer's Report must be filed and a Public Hearing be held. On June 25, 2013 the City Council adopted the appropriate resolutions to commence the proceedings for the annual levy of assessments for Fiscal Year (FY) 2013 -14 for the Citywide LLMD and the LLMD No. 1. The Public Hearing was set for July 9, 2013. ninr_ucsinn Attached hereto are two Resolutions confirming the diagram and assessment and providing for an annual assessment levy for both districts for Fiscal Year 2013 -14. Page 2 of 8 Details of the assessments are provided in the FY 2013 -14 Final Engineer's Report for each district. Fiscal Impact It is anticipated the Citywide LLMD will generate approximately $1,383,000 from the assessments to cover the anticipated landscaping and street lighting maintenance activities associated with public improvements benefiting properties within the district. Estimated cost for this maintenance is approximately $1,475,000. Accordingly, the General Fund must cover the estimated gap of $92,000. The assessment rates for parcels have no inflation factor included; therefore the rates have not increased over Fiscal Year 2012 -13. It is anticipated LLMD No. 1 will generate approximately $228,000 from the assessments to cover the anticipated landscaping and street lighting maintenance activities associated with public improvements benefiting properties within the district. There is approximately $228,000 in expenditures, and therefore LLMD No. 1 is generally self - supporting with one exception. Zone 4 of LLMD No. 1 requires a general fund contribution of $6,744.55 to cover the general benefit portion of the park maintenance costs, as required by Article XIII D of the State Constitution (Proposition 218). The assessment rates for LLMD No. 1 include an inflationary increase of 2 %. Prepared by: James R. Riley � � 9&mev4j� Director of Admin trative Se is Approved by: Grant Yates City Manager IV Attachments • Resolutions (2) • Final Engineer's Reports for Citywide LLMD and LLMD No. 1 Page 3 of 8 RESOLUTION NO. 2013 -038 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 2013 -14 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. 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 Page 5 of 8 City Council Resolution No. 2013 -038 Page 2 of 2 "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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 9th day of July, 2013. ROBERT E. MAGEE MAYOR ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY Page 6 of 8 RESOLUTION NO. 2013 -039 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 2013 -14 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. 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 Page 7 of 8 City Council Resolution No. 2013 -039 Page 2 of 2 "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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 9t" day of July, 2013. ROBERT E. MAGEE MAYOR ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY Page 8 of 8