Loading...
HomeMy WebLinkAboutItem 2b: Resolutions for Formation of Kaitlyn Place Landscaping and Lighting DistrictDATE: October 20, 2009 TO: Mayor and City Council FROM: Pat Malloy, City Manager/Public Works Services Director Y, Y 9 I Prepared by: Tom Tait, Deputy Director of Public Works Services Phil Wray, City Engineer /Deputy Development Services Department Director SUBJECT: RESOLUTION NO. 6697 INITIATING THE PROCEEDINGS FOR THE FORMATION OF KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2010/2011 Recommendation: Adopt SUMMARY RESOLUTION NO. 6698 DECLARING ITS INTENTION TO FORM KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT AND ITS INTENTION TO CONDUCT A PROPERTY OWNER PROTEST BALLOT PROCEEDING ON THE MATTER OF THE NEW ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2010/2011 Recommendation: Adopt The Public Works Services Department (PWSD) is working collaboratively with Development Services Department (DSD) on the formation of Kaitlyn Place Landscaping and Lighting District for a five (5) lot subdivision project on Eighth Avenue. The purpose of this assessment district is to ensure that new development pays their fair share of on -going operation and maintenance costs from street lighting and landscape maintenance. It should be noted that this proposed assessment district is separate from the anticipated citywide lighting assessment district. In order to establish Kaitlyn Place Landscaping and Lighting District via the Landscaping and Lighting Act of 1972, staff is recommending that the City Council adopt Resolution Numbers 6697 and 6698. Page 1 of 3 STAFF REPORT Public Works Services Department Mayor and City Council October 20, 2009 DISCUSSION The Public Works Services Department (PWSD) is working collaboratively with Development Services Department (DSD) on the proposed Kaitlyn Place Lighting and Landscaping District for the five (5) lot subdivision development project on Eighth Avenue to ensure recovery of this area's ongoing lighting and landscaping maintenance and operation costs from its property owner. This project is separate from the proposed citywide lighting assessment On October 6, 2009, the City Council awarded a contract to Willdan Financial Services to assist staff in the formation of an assessment district for this area. The property owner /developer is supportive of the subdivision's landscape and lighting district formation and has provided the City a deposit of $7,500 to pay for the consultant's fees associated with establishing the district. Unlike the citywide assessment district, the proposed Kaitlyn Place landscaping and lighting assessment district only requires one (1) vote for the district to pass since the property has only one (1) owner, who is the developer. However, even though this is a very small district to be formed, staff is still required to follow the Landscaping and Lighting Act of 1972. This includes the Council's approval of an Engineer's Report and resolutions to initiate the formation of the district and to proceed with the balloting process. In addition, a 45 -day notice is necessary prior to the Public Hearing during which the balloting process would be officially closed, tabulated and subsequently, declare the result to the Council and if successful, order levy of assessment. The Public Hearing is tentatively scheduled for the December 15, 2009 City Council Meeting. The proposed annual total budget assessment for this district is $3,427.65 based on the ongoing landscaping and lighting maintenance and operations costs that are determined to be of special benefit to the five -lot residential subdivision development on Eighth Avenue. The budget assessment includes for the annual ongoing maintenance and operation costs for the following: landscape and tree trimming maintenance for approximately 600 square feet of landscaped parkway consisting of seven (7) varying types of trees (Yew Pine, Crape Myrtle and Oak) and several shrubs, groundcover and a vine covering the block wall; plants are irrigated with a multi- station automatic controller; water consumption of approximately 37,960 gallons; and six (6) street lights (decorative and marbelite). In addition, the budget includes the annual preparation of an Engineer's Report as required by the Landscaping and Lighting Act of 1972. Also the proposed assessment includes a 3% inflationary adjustment rate (only as necessary), to be added for each fiscal year thereafter to account for reasonable increases in water, electricity, and landscaping that are inevitably associated with the ongoing maintenance and operations of the proposed District. Annually, the City Council shall approve the levy and collections of assessments to be submitted to the Los Angeles County Auditor /Controller for inclusion on the property owner's tax bill commencing in fiscal year 2010/2011. Page 2 of 3 Mayor and City Council October 20, 2009 Therefore, in order to establish Kaitlyn Place Landscaping and Lighting District via the Landscaping and Lighting Act of 1972, staff is recommending that the City Council adopt Resolution Numbers 6697 and 6698. FISCAL IMPACT Upon successful establishment of Kaitlyn Place Landscaping and Lighting District, the Landscaping and Lighting Act of 1972 will allow the City to collect a special benefit assessment through the property owners' annual property tax bill to fund the proposed District's ongoing lighting and landscaping maintenance and operational costs. RECOMMENDATION Adopt the following Resolutions for Kaitlyn Place Landscaping and Lighting District formation via the Landscaping and Lighting Act of 1972: PM:TT:PW Attachments Resolution No. 6697 initiating the proceedings for the formation of Kaitlyn Place Landscaping and Lighting District; and the levy and collection of annual assessments related thereto commencing with Fiscal Year 2010/2011 Resolution No. 6698 declaring its intention to form Kaitlyn Place Landscaping and Lighting; and its intention to conduct a property owner protest ballot proceeding on the matter of the new assessments related thereto commencing with Fiscal Year 2010/2011 Approved by: c.eQ•P Page 3 of 3 Donald Penman, City Manager CITY OF ARCADIA KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT ENGINEER'S FORMATION REPORT Corporate Office 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587 -3500 Tel: (800) 755 -MUNI (6864) Fax: (951) 587 -3510 FISCAL YEAR 2010/2011 ARCADIA INTENT MEETING: OCTOBER, 20 2009 PUBLIC HEARING: DECEMBER 15 2009 WI LLDAN Financial Services www,willdan.com Anaheim, CA Lancaster, CA Memphis, TN Oakland, CA Office Locations Orlando, FL Phoenix, AZ Sacramento, CA Seattle, WA ENGINEER'S REPORT AFFIDAVIT Formation of the Kaitlyn Place Landscaping and Lighting District And establishment of Annual Assessments for said District City of Arcadia, County of Los Angeles, State of California This Report and the enclosed descriptions, budget and assessment diagram outline the plans and specifications for the formation of Kaitlyn Place Landscaping and Lighting District and establishment of the proposed assessments for each lot, parcel, and subdivision of land within said District. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of 2009. Willdan Financial Services Assessment Engineer On Behalf of the City of Arcadia By: Habib Isaac Senior Project Manager By: Richard Kopecky R. C. E. 16742 TABLE OF CONTENTS INTRODUCTION 1 PART I PLANS AND SPECIFICATIONS 4 DESCRIPTION OF THE DISTRICT 4 DESCRIPTION OF IMPROVEMENTS AND SERVICES 4 PART II METHOD OF APPORTIONMENT 6 BENEFIT ANALYSIS 6 ASSESSMENT METHODOLOGY 7 ASSESSMENT RANGE FORMULA 9 PART III DISTRICT BUDGET 10 PART IV DISTRICT DIAGRAM 11 PART V ASSESSMENT ROLL 13 City of Arcadia Engineer's .Formation Report Kaitlyn Place Landscaping and Lighting District Introduction The City Council of the City of Arcadia, County of Los Angeles, State of California, (hereafter referred to as "City has by previous resolution initiated proceedings for the preparation and filing of an Engineer's Report to establish a special benefit assessment district within the City limits of Arcadia to be designated as the: Kaitlyn Place Landscaping and Lighting District (hereafter referred to as "District for the purpose of funding the ongoing operation, maintenance and servicing of various public landscaping and street lighting improvements associated with the development and approval of Final Map No. 69958 that have been determined to be of special benefit to the property therein. The City Council proposes to form the District and to levy and collect annual assessments on the County tax rolls to fund such improvements and appurtenant facilities authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code commencing with 522500 (hereafter referred to as the "1972 Act In conjunction with the authority of the 1972 Act, the proposed assessments shall be made in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the "California Constitution This Engineer's Report (hereafter referred to as "Report has been prepared in connection with the establishment of said District and the levy and collection of annual special benefit assessments related thereto commencing in fiscal year 2010/2011, pursuant to Chapter 1, Article 4 beginning with §22565 of the 1972 Act and the provisions of the California Constitution. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number (APN) by the Los Angeles County Assessor's Office. The Los Angeles County Auditor /Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District formation, the City shall conduct a property owner protest ballot proceeding for the proposed new special benefit assessments in accordance with the provisions of Government Code, Section 53753, and California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council shall conduct a public hearing to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists (ballots shall be proportionally weighted based on each parcel's proposed assessment obligation), and by resolution the City Council will confirm the results of the ballot tabulation. If majority protest exists, the City Council shall abandon the formation of the District, and the proposed levy of assessments described herein. If majority protest does not exist, the City Council may, by resolution, adopt this Report (as submitted or amended) including the assessment diagram; order the formation of the District; approve VW WI LLDAN Financial Services Page 1 City of Arcadia Engineer's Formation Report Kaitlyn Place Landscaping and Lighting District the levy and collection of the assessments including the assessment range formula as described herein; and order the improvements to be made. In such case, the assessments (as provided herein or as amended) shall be submitted to the Los Angeles County Auditor /Controller for inclusion on the property tax roll commencing in fiscal year 2010/2011. Each subsequent fiscal year, an Engineer's Report shall be prepared and presented to the City Council describing the District, any changes to the District or improvements, the proposed budget and assessments for that fiscal year, and the City Council shall hold a noticed public hearing regarding these matters prior to approving and adopting the annual levy of assessments. This Report consists of five (5) parts: Part I Plans and Specifications: A description of the District boundaries and the proposed improvements associated with the District. The District is being formed with a single benefit zone encompassing all properties that benefit from the proposed landscaping and street lighting improvements. Part II Method of Apportionment: This section of the Report provides a discussion of benefits to properties within the District, the apportionment of the improvement costs, the method of calculating each property's proportional special benefit and the calculation of annual assessments. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the maximum assessment rates initially established by this Report. This Assessment Range Formula limits increases on future assessments, but also provides for reasonable cost adjustments due to inflation in subsequent fiscal years without the added expense of additional property owner protest ballot proceedings to approve such anticipated cost increases. Part III District Budget: An estimate of the annual funding required for the estimated annual maintenance, servicing and operation of landscaping and street lighting improvements within the District and specifically the costs associated with the improvements determined to be of special benefit to parcels within the District. The budget identifies an estimate of anticipated ongoing annual expenses to service, maintain and operate proposed landscaping and street lighting improvements for the orderly development of Final Map No. 69958. The budget establishes an initial calculated maximum assessment rate for the District. Because the annual cost of maintaining these improvements will clearly be affected by inflation over the years, an annual inflationary adjustment (Assessment Range Formula) will be applied in subsequent fiscal years to the assessment rates established herein. WILLDAN Financial Services Page 2 City of Arcadia Engineer's Formation Report Kaitlyn Place Landscaping and Lighting District Part IV District Diagram: A Diagram showing the exterior boundaries of the District is provided in this section of the Report and includes all parcels of land that will receive special benefits from the improvements and for which an assessment may be imposed as part of this District. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Part V Assessment Roll: A listing of each parcel within the District and its corresponding maximum assessment amount to be presented to the property owners of record in the protest ballot proceedings. The proposed maximum assessment amount for each parcel is based on the parcel's proportional special benefit as calculated in accordance with the method of apportionment and the proposed initial maximum assessment rates outlined in the budget. WI LLDAN Financial Services Page 3 City of Arcadia Engineer's Report Kaitlyn Place Landscaping and Lighting District Part I Plans and Specifications Description of the District The territory within the District consists of all lots, parcels of land and subdivisions within pending recordation Final Map No. 69958. An Assessment Diagram incorporated herein under Part IV of this Report, outlines the boundaries of the District. This diagram incorporates all lots, parcels and subdivisions of land within the District as the same existed at the time this Report was prepared. Description of Improvements and Services Improvements and Services Authorized by the 1972 Act As generally defined by the Landscaping and Lighting Act of 1972 and applicable to this District, the improvements and associated assessments may include but are not limited to some or all of the following: The installation or planting of landscaping. d• The installation or construction of public lighting facilities; The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or electrical facilities; The acquisition of any existing improvement otherwise authorized pursuant to the Act; The maintenance or servicing, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including but not limited to: Repair, removal, or replacement of all or any part of any improvements; The cleaning, sandblasting, and painting of improvements to remove or cover graffiti; Electric current or other illuminating agent for any public lighting facilities; The collection and accumulation of funds as reserves for the purpose of ensuing appropriate cash flow for operational activities and long -term maintenance expenses. Incidental expenses associated with the improvements including, but not limited to: The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; The costs of printing, advertising, and the publishing, posting and mailing of notices; WILLDAN a Financial Services Page 4 City of Arcadia Engineers Report Kaitlyn Place Landscaping and Lighting District Compensation payable to the County for collection of assessments; Compensation of any engineer or attorney employed to render services; Costs associated with the proceedings held for the approval of a new or increased assessment. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; District Facilities and Improvements Detailed maps and descriptions of the location and extent of the District's proposed landscaping and street lighting improvements are on file in the Office of Development Services Department, and by reference these documents are made part of this Report. The following provides a summary of the landscaping and street light improvements proposed to be maintained by the District and associated with Final Map No. 69958 at the time this Report was prepared and upon which the assessments for the District and specifically fiscal year 2010/2011 have been established: 1 streetlight per City Standard 805 -1, Marbelite cobra -head, 5,800 Lumens located on Eighth Avenue 5 streetlights per City Standard 805 -2, decorative, 5,800 Lumens located on Kaitlyn Place Approximately 600 square feet of landscaped parkway (2' x 300') including, but not limited to, five (5) Yew Pine trees, one (1) Crape Myrtle tree, one (1) mature Oak tree, several shrubs, groundcover, and a vine covering the block wall. Plants are irrigated with a multi- station automatic controller. WILLDAN Financial Services Page 5 City of Arcadia Engineer's Report Kaitlyn Place Landscaping and Lighting District Part II Method of Apportionment Based on the provisions of the 1972 Act and the California Constitution, this section of the Report summarizes an analysis of the benefits the parcels within the District receive from the proposed improvements. The formulas used to calculate each parcel's proportional special benefit and assessment obligation is based on the entirety of the cost to provide the improvements (method of assessment); and the establishment of an inflationary formula for such assessments to address anticipated cost increases due to inflation (assessment range formula). Benefit Analysis The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include but are not limited to the construction, maintenance, operation, and servicing of public landscaping and street lighting improvements and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: `The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably: Article XIIID Section 2d defines District as: `District means an area determined by an agen y to contain all parcels which will receive a .special benefit from a proposed public improvement or property-related service"; Article XIIID Section 2i defines Special Benefit as: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on realpropery located in the district or to the public at large. General enhancement of property value does not constitute `spedal benefit." Article XIIID Section 4a defines proportional special benefit assessments as: "An agency which proposes to levy an assessment shall identift all parcels which will have a Jpecial benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire y of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." W WILLDAN Financial Services Page 6 City of Arcadia Engineer's Report Kaitlyn Place Landscaping and Lighting District The method of apportionment (method of assessment) established herein is based on the premise that each assessed property receives special benefits from the proposed landscaping and local street lighting improvements and services that are funded by such assessments, and the assessment obligation for each parcel reflects that parcel's proportional special benefits as compared to other properties that receive special benefits as outlined in the preceding definitions established in the 1972 Act and the California Constitution. In addition, the proposed improvements and maintenance of such improvements are a requirement for the orderly development and approval of Final Map No. 69958 To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The District's improvements and the associated costs described in this Report have been carefully reviewed and have been identified and allocated based on the benefit to affected properties within the District. The improvements provided by this District and for which properties will be assessed have been identified as necessary, required and /or desired for the orderly development of the properties within the proposed District to their full potential, consistent with the development's conditions of approval. As such, these improvements were determined during the development entitlement process to be necessary and required of individual property owners for the development of such properties and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. In addition, all of the improvements proposed to be maintained by the District specially benefit the properties within the District through traffic access and improved safety, and are not required to improve the overall safety of the community as a whole or traffic circulation of the City, with the exception of one street light on Eighth Avenue. Although the street light on Eighth Avenue is being installed as part of the approval of Final Map No. 69958, the street light will not only provide a special benefit to properties within the District, but will also provide a general benefit to those that utilize the street independent of access to properties in the District. Therefore, to be conservative, only fifty percent (50 of the maintenance for the streetlight on Eighth Avenue is considered to be a distinct and special benefit to properties within the District. Assessment Methodology In order to calculate and identify the proportional special benefit received by each parcel and their proportionate share of the improvement costs it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in the District Article XIIID Section 4a reads in part: The proportionate Jpecial benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement or for the cost of the proper6y related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." w 1 LLDAN Financial Services Page 7 City of Arcadia Engineer's Report Kaitlyn Place Landscaping and Lighting District Equivalent Benefit Units The method of apportionment established for this District to reflect the proportional special benefit of each parcel utilizes a weighted methodology of apportionment typically referred to as an Equivalent Benefit Unit (EBU) methodology. This method of apportionment establishes the typically detached single family home site as the basic unit of assessment. A single family residential unit is assigned one (1.0) Equivalent Benefit Unit (EBU) and other property types (land uses) are proportionately weighted (weighted EBU) based on a benefit formula that equates each property's specific characteristics and special benefits to that of the single family residential unit. For this particular District, Assessor's Parcel Numbers 5780 023 -069, 5780 023 -070, and 5780 023 -071 will be subdivided into five (5) single family residential lots as part of the recordation of Final Map No. 69958. Therefore, one (1.0) EBU will be assigned to each single family residential lot and the cost of services will be evenly apportioned to the each of the five residential lots. Exempt Property (Parcel) certain parcels are exempt from the assessment since they do not receive a special benefit from the improvements. Parcels that are exempt may include but is not limited to: Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); Dedicated public easements including open space areas, utility rights -of -way, greenbelts, parkways, or other publicly -owned or utility-owned land that serves the community or general public and are not considered or classified as developed public properties; Parcels of land that are privately owned, but cannot be developed independently from an adjacent property or is part of a shared interest with other properties, such as common areas, sliver parcels, bifurcated lots or properties with very restrictive development potential or use. Because these properties either provide a public service that is comparable to street lighting or they are dependent on another property or development, these types of parcels have no direct need for street lighting and are considered to receive no special benefits Therefore these parcel shall be exempt from assessment and are assigned 0.0000 EBU. However, these properties shall be reviewed annually by the assessment engineer to confirm the parcel's use and /or development status has not changed. WILLDAN Financial Services Page 8 City of Arcadia Engineer's Report Kaitlyn Place Landscaping and Lighting District Assessment Range Formula Pursuant to the California Constitution Article XIIID, the imposition of any new or increased assessment requires certain noticing and meeting requirements. Prior to the passage of Proposition 218 (Now Articles XIIIC and XIIID of the California Constitution), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." As part of this District formation and establishment of annual assessments to fund the ongoing operation, maintenance and servicing of those improvements, the proposed assessments submitted to the property owners of record shall include an annual inflationary adjustment referred to as an Assessment Range Formula. The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment that are inevitably associated with providing such improvements and activities, thereby reducing the need for additional noticing and mailing procedures simply because of inflationary factors. This Assessment Range Formula is defined by the following: The "Proposed Maximum Rates" for this District as presented in this Report shall be annually adjusted by three percent (3 to establish the new Maximum Assessment Rates authorized for the District each fiscal year. (These new rates may be referred to as Adjusted Maximum Assessment Rates). This 3% adjustment is based on historical inflationary adjustments and is slightly less than the average annual percentage change in the Consumer Price Index (CPI) identified by the U.S. Department of Labor; Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles Riverside- Orange County Area over the past twenty years. Beginning in the District's second fiscal year (Fiscal Year 2011/2012) and each fiscal year thereafter, the Maximum Assessment Rates will be recalculated and new Adjusted Maximum Assessment Rates will be established for the fiscal year utilizing the Assessment Range Formula described above. The Adjusted Maximum Assessment Rates shall be calculated independently of the District's annual budget and proposed assessments. Any proposed annual assessment (Rate per EBU) less than or equal to the Adjusted Maximum Assessment Rate shall not be considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners, through the balloting process, must approve such a new or increased assessment before that new or increased assessment may be imposed. WILLDAN Financial Services Page 9 City of Arcadia Part III District Budget Engineer's Report Kaitlyn Place Landscaping and Lighting District The District budget identifies an estimate of anticipated annual expenses associated with the ongoing operation, maintenance and servicing of landscaping and street light improvements within the District. The following budget outlines the overall estimated annual cost to provide the District improvements, and the proposed initial maximum assessment rates to be applied in Fiscal Year 2010 -2011: Proposed Budget Kaitlyn Place Landscaping and Lighting District Fiscal Year 2010/2011 Levy Components DIRE "1' (OS FS Landscape Maintenance Landscape Utilities Streetlight Maintenance Streetlight Utilities Direct Costs (Subtotal) $1,911.30 66.00 325.35 275.00 2,577.65 ADMINISTRATION COSTS City of Arcadia asiniumn Annual Assessment District Administration and Professional Costs Administration Costs (Subtotal) $850.00 $850.00 C OLLE CTIONS /(('REDUI'S)API'LILI)'I'() IT: VI' Reserve Fund Total Adjustments (Subtotal) 0 .00 0.00 13ALA N('E TO 1.1?1' 1' Balance to Levy $3,427.65 DISTRICT STATISTICS Total Assessor's Parcels Total Equivalent Benefit Units Maximum Levy per Benefit Unit 3 5.00 $685.53 WILLDAN Financial Services Page 10 City of Arcadia Engineer's Report Kaitlyn Place Landscaping and Lighting District Part IV District Diagram The parcels within the District consist of the lots, parcels and subdivisions of land within the Final Map No. 69958. The District Diagram identifies the boundaries of the District, and is based on the Los Angeles County Assessor's Maps, the Los Angeles County Assessor's secured roll information. The combination of this Diagram and the Assessment Roll outlined in Part V of this Report; collectively constitute the District's Assessment Diagram. A copy of the District Diagram is provided on the following page. A full size copy of this diagram is on file in the Office of Development Services Department, and by reference this diagram is made part of this Report. VV Financial Services Page 11 City of Arcadia Engineers Report Kaitlyn Place Landscaping and Lighting District ASSESSMENT DIAGRAM FOR KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT CITY OFARCADIA, COUNTY OF LOS ANGEI FS, STALE OF CALIFORNIA N PROPOSED BOUNDARIES OF KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT CM OF ARCADIA COLM7V OF LOB ANGELES STATE OF CALIFORNIA PAAELACR WI LLDAN Financial Services LEGEND CD IMP REF. NO. CAMNO GROVE AVE PAMELA PL QD LLD 20002BOUNOARY CANINO REAL 6700 023 069 6700027 070 ALTERN ST MUT1 a1 WI LLDAN Financial Services Page 12 City of Arcadia Engineer's Report Kaitlyn Place Landscaping and Lighting District Part V Assessment Roll Parcel identification for each lot or parcel within the District is based on the District Diagram presented herein and available parcel maps and property data from the Los Angeles County Assessor's Office at the time this Report was prepared. The parcels to be assessed within this District along with the associated assessment amounts are provided herein. If any parcel submitted for collection is identified by the County Auditor /Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and /or new parcel numbers will be identified and resubmitted to the County Auditor /Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rates described in this Report as approved by the City Council rather than a proportionate share of the original assessment. Assessment Roll Fiscal Year 2010/2011 Assessor's Pareel No. 5780- 023 -069 5780- 023 -070 5780- 023 -071 Total FBIJ 5 Rate per EMI 685.53 Total ('barge 3,427.65 Note: The 3 above listed APNs are anticipated to subdivide into 5 lots, in which case each of the 5 new APNs would each receive 1 EBU per parcel. However, in the case that the expected subdivision does not occur, the total EBUs will be allocated to the 3 original above referenced parcels based on their pro rata share of acreage. WILLDAN WWI Financial Services Page 13 RESOLUTION NO. 6697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2010/2011 WHEREAS, the City Council of the City of Arcadia (City Council) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act desires to initiate proceedings in accordance with Section 22585 of the Act for the proposed formation of the Kaitlyn Place Landscaping and Lighting District (hereafter referred to as the "District and to levy and collect annual assessments against Tots and parcels of land within the District commencing in fiscal year 2010/2011, to pay for the ongoing installation, operation, maintenance and servicing of various public landscaping and street lighting improvements associated with the development and approval of Final Map No. 69958 that have been determined to be of special benefit to the property therein pursuant to Chapter 2 Article 1 of the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the "California Constitution and WHEREAS, the City has retained Willdan Financial Services as the Engineer of Work (Engineer), for the purpose of assisting with the formation of the District, the establishment of annual assessments, and to prepare and file an Engineer's Report with the City Clerk in accordance with Section 22586 of Chapter 2 Article 1 of the Act; and in accordance with Article XIIID, Section 4(b) of the California Constitution. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby orders the Engineer to prepare and file an Engineer's Report concerning the proposed formation of the District and the levy of assessments on properties therein in accordance with Chapter 1 Article 4, (commencing with Section 22565) of the Act, as specified by Chapter 2, Article 1, Section 22585 of the Act. SECTION 3. The proposed District improvements include the installation and ongoing operation, maintenance and servicing of various public landscaping and street lighting improvements associated with the District, which are authorized pursuant to the Act. Said improvements may include, but are not limited to, the construction, maintenance, operation, and servicing of public landscaping and street lighting improvements and appurtenant facilities which have been determined to be of special benefit to the lots and parcels of land within the District. SECTION 4. The proposed territory of the District consists of the lots, parcels and subdivisions of land within Final Map No. 69958 in City of Arcadia. The District, at the time of the formation, included all territory identified as Assessor's Parcel Numbers 5780 023 -069, 5780 023 -070, and 5780 023 -071. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. 2 ATTEST: City Clerk Passed, approved and adopted this day of 2009. APPROVED AS TO FORM: P f az e Stephen P. Deitsch City Attorney 3 Mayor of the City of Arcadia RESOLUTION NO. 6698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO FORM KAITLYN PLACE LIGHTING AND LANDSCAPING DISTRICT; AND ITS INTENTION TO CONDUCT A PROPERTY OWNER PROTEST BALLOT PROCEEDING ON THE MATTER OF THE NEW ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2010/2011 WHEREAS, the City Council of the City of Arcadia (the "City pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "Act did by previous Resolution, initiate proceedings for the proposed formation of the Kaitlyn Place Landscaping and Lighting District (hereafter referred to as the "District and the proposed levy and collection of annual special benefit assessments related thereto commencing in Fiscal Year 2010/2011; and WHEREAS, the City Council desires to form the District and to levy and collect annual assessments against Tots and parcels of land within said District to pay the cost and expenses related to the installation, maintenance, servicing and operation of landscaping and lighting improvements and appurtenant facilities that provide special benefits to the parcels of land therein as authorized by the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the "California Constitution and WHEREAS, Willdan Financial Services, the Assessment Engineer of Work (Engineer) has prepared and filed with the City Clerk an Engineer's Report (hereafter referred to as the "Report") in connection with the formation of the District and the proposed levy of assessments commencing with fiscal year 2010/2011 (said fiscal year 1 beginning July 1, 2010 and ending June 30, 2011); in accordance with the Act and the California Constitution; and said Report has been presented to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. The proposed territory of the District consists of the lots, parcels and subdivisions of land within Final Map No. 69958 in City of Arcadia. The District, at the time of the formation, included all territory identified as Assessor's Parcel Number 5780 023 -069, 5780 023 -070, 5780 023 -071. SECTION 3. The proposed District improvements include installation and the annual ongoing operation, maintenance, servicing and incidental expenses related to the improvements associated with the Kaitlyn Place Landscaping and Lighting District; which are authorized pursuant to the Act. Said improvements may include, but are not limited to the construction, maintenance, operation, and servicing of public landscaping and street lighting improvements and appurtenant facilities which have been determined to be of special benefit to the Tots and parcels of land within the District. The Engineer's Report prepared in connection with these proceedings provides a more detailed description of the improvements and associated costs. following: SECTION 4. The Engineer's Report as presented consists of the 4a) A Description of the Improvements (Plans and Specifications); and, 2 4b) The Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel including a description of an "Assessment Range Formula" that provides for an annual inflationary adjustment to the maximum assessment rate; and, 4c) The estimated annual costs and expenses to provide the improvements (Budget) that establishes the proposed initial "Maximum Assessment Rate and, 4d) An Assessment Diagram (Boundary Map); and, 4e) An Assessment Roll containing the assessment to be levied for each Assessor Parcel Number within the District based on the maximum assessment rate and method of apportionment described therein. SECTION 5. The Engineer's Report filed with the City Clerk and presented to this City Council, is hereby approved on a preliminary basis as submitted or amended by direction of this City Council, and is herby ordered to be filed in the Office of the City Clerk as a permanent record and remain open to public inspection. SECTION 6. The City Council hereby declares its intention to form the Kaitlyn Place Landscaping and Lighting District, and to levy and collect annual assessments against the Tots and parcels of land within said District to fund the installation, ongoing operation, maintenance and servicing of various public landscaping and street lighting improvements associated with the development and approval of Final Map No. 69958 that have been determined to be of special benefit to the property 3 therein as outlined in the Engineer's Report prepared in connection therewith, commencing with fiscal year 2010/2011. The City Council further declares its intention to conduct a public hearing regarding the proposed formation of the District, and the proposed levy of assessments connected therewith; and calls for a property owner protest balloting proceeding in accordance with the provisions of the California Constitution Article XIIID. The City Council finds that the best interest of the properties and public requires such action and levy of assessments. SECTION 7. The City Council hereby declares its intention to conduct a public hearing concerning the formation of the District and the levy of assessments connected therewith in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e). Notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, December 15, 2009 beginning at 7:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 240 West Huntington Drive, Arcadia, California 91007. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 8. Pursuant to Article XIIID of the California Constitution, an assessment ballot proceeding is hereby called on the matter of confirming the assessments for the proposed District. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public 4 hearing for these matters. SECTION 9. The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the public hearing and property owner ballots to the property owners of record regarding the proposed assessments including the assessment range formula as outlined in the Engineer's Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution. The notice of the hearing and ballot shall be distributed by first class mail to the property owner(s) of record for each parcel within the proposed District subject to an assessment, not Tess than 45 days before the date of the public hearing pursuant to the California Constitution. SECTION 10. The property owner protest ballot proceeding conducted for the District shall constitute the property owners' approval or rejection of the annual levy of assessments and assessment range formula described in the Engineer's Report presented and previously approved by the City Council. Each property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing scheduled for Tuesday, December 15, 2009. After the close of the public hearing, pursuant to Section 4 (e) of the California Constitution, the City Clerk or their designee shall open and tabulate the ballots returned to determine if majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the 5 assessment. In addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. ATTEST: City Clerk SECTION 11. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 6 day of 2009. Mayor of the City of Arcadia