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 City of Hermosa Beach --- 05-08-01
HERMOSA BEACH LANDSCAPING AND
STREET
Recommendation: It is recommended that the City Council:
Background: The District provides for the maintenance and operation of the citywide street lighting program and median and parkway landscaping. Staff conferred with the City Attorney to determine the applicability of Proposition 218 to the City's Landscaping and Street Lighting Assessment District. Briefly, Proposition 218 contains an exception for existing assessments imposed exclusively to fund capital costs and maintenance and operation costs for sidewalks and streets. Based on the advice of the City Attorney, staff recommends that the City rely on this exemption and continue to levy assessments to pay for the maintenance and operation of street lights and median and parkway landscaping without complying with the requirements of Proposition 218 so long as the assessments are not increased. On March 27, 2001, the City Council adopted Resolution No. 01-6123 ordering the preparation of a report for Hermosa Beach Landscaping and Street Lighting District 2001-2002.
Analysis : The proposed assessment rate for fiscal year 2001-2002 is $41.45 per equivalent dwelling unit, the same equivalent dwelling unit rate as used in fiscal year 2000-2001 to finance those landscaping and lighting improvements located in and along streets and sidewalks. The fiscal year 2001-2002 assessment rate will recover necessary funds to continue the operation and maintenance of the City's street lighting system and landscaping in and along the City's streets and sidewalks for one year. Adoption of both Resolutions is necessary at this time so that a public hearing can be held to take testimony on the assessments. The first Resolution approves the report prepared by the Director of Public Works acting as the Assessment Engineer. Its adoption confirms that the report has been prepared prior to the public hearing. This report covers matters relating to the District and is on file in the City Clerk's office. The adoption of the second Resolution provides for the setting of a public hearing for June 12, 2001, at 7:30 PM. At the conclusion of the public hearing, the City Council will be provided with a Resolution it may adopt ordering the assessments. As mentioned earlier, all decisions will be made after the public hearing and adoption of these Resolutions will only confirm that the report has been prepared and that the public hearing will be held on June 12, 2001.
Alternatives :
WHEREAS , the City Council of the City of Hermosa Beach, California, by its Resolution No. 01-6123, adopted March 27, 2001, ordered the Director of Public Works to prepare and file a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq .) of the Streets and Highways Code of the State of California, in connection with the proposed maintenance and operation of streets and sidewalks within an existing assessment district to be designated as the "Hermosa Beach Landscaping and Street Lighting District 2001-2002", including the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities located in and along such streets and sidewalks for the fiscal year commencing July 1, 2001 and ending June 30, 2002; and WHEREAS , the Director of Public Works, acting as the Assessment Engineer, prepared and filed in the office of the City Clerk a written report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972; and WHEREAS , the City Clerk presented the report of the Director of Public Works to the City Council, and the City Council carefully examined, inspected and considered the report and is satisfied with the report and with each and all of the items set forth therein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The report of the Director of Public Works entitled "Engineer’s Report, Hermosa Beach Landscaping and Street Lighting District 2001-2002," which was prepared and filed pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq .) of the Streets and Highways Code of the State of California, is hereby approved as filed. SECTION 2. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original resolutions of the City Council, and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th day of May 2001.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2001-2002 FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 AND ENDING JUNE 30, 2002, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The public interest and convenience require, and it is the intention of the City Council of the City of Hermosa Beach, California, to order certain improvements within an existing citywide assessment district for the fiscal year beginning July 1, 2001 and ending June 30, 2002, and to levy and collect assessments against properties within the assessment district for that fiscal year. SECTION 2. The proposed improvements are the continued maintenance and operation of the streets and sidewalks within the assessment district including the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities that are located in and along such streets and sidewalks. SECTION 3. The assessment district is designated as the "Hermosa Beach Landscaping and Street Lighting District 2001-2002." The assessment district is comprised of all of the City of Hermosa Beach, as shown on the "MAP OF LANDSCAPING AND STREET LIGHTING DISTRICT 2001-2002" on file in the Office of the City Clerk. SECTION 4. The assessments to be levied and collected against the assessable lots and parcels of land within the assessment district for fiscal year 2001-2002 are not proposed to increase from those levied and collected in fiscal year 2000-2001. SECTION 5. Reference is hereby made to the report prepared by the Director of Public Works, entitled "Engineer’s Report, for Hermosa Beach Landscaping and Street Lighting District 2001-2002," on file in the Office of the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. SECTION 6. The improvements shall be provided pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq .) of the Street and Highways Code of the State of California, and in accordance with plans and specifications on file in the office of the City Clerk. SECTION 7. The assessment shall be levied and collected at the same time and in the same manner and with the same interest and penalties as general taxes of the City, which are collected for the City by the Los Angeles County Tax Collector. SECTION 8. Public property owned by any public agency and in use in the performance of a public function which is included within the boundaries of the assessment district shall be omitted and exempt from the assessment to be made to cover the costs and expenses of the improvements. SECTION 9. To expedite the making of the improvements, the City Council may transfer into the "Hermosa Beach Landscaping and Street Lighting District 2001-2002 Fund," out of any money in the General Fund, any sums as it shall deem necessary, and the sums so transferred shall be deemed a loan to such fund and shall be repaid in accordance with the Landscaping and Lighting Act of 1972. SECTION 10. NOTICE IS HEREBY GIVEN that Tuesday, June 12, 2001, at the hour of 7:30 PM in the City Council Chamber, 1315 Valley Drive, Hermosa Beach, California, is appointed as the date, time and place for hearing protests to the question of approving and confirming the levy of the proposed assessment. SECTION 11. The City Clerk is hereby authorized, designated and directed to give notice of the public hearing in the time, form and manner required by law. SECTION 12. The EASY READER, a weekly newspaper of general circulation circulated within the City, is hereby designated as the newspaper in which said notice shall be published. SECTION 13. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original resolutions of the City Council and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th day of May, 2001.
ENGINEER'S REPORT
Prepared By:
TABLE OF CONTENTS
ENGINEER’S REPORT
FISCAL YEAR 2001-2002
ENGINEER'S REPORT PREPARED PURSUANT TO THE
PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972, SECTION
22500 THROUGH
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Initiation adopted by the Council of the City of Hermosa Beach, State of California, in connection with the proceedings for:
HERMOSA BEACH
Hereinafter referred to as the "Assessment District" or "District", Harold C. Williams, P.E., Director of Public Works/City Engineer, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows:
PART A Plans and specifications for the improvements showing and describing the general nature, location and extent of the improvements. PART B An estimate of the cost of the proposed improvements for FY 2001-2002, including incidental costs and expenses in connection therewith. PART C An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. PART D The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels.
PART E A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Los Angeles.
PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District.
PART A
The facilities, which have been constructed within the City of Hermosa Beach, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows:
DESCRIPTION OF IMPROVEMENTS
The proposed improvements for FY 2001-2002 may be generally described as the continued maintenance and operation of streets and sidewalks within the District, including the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities that are located in and along such streets and sidewalks, including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows:
Street Landscaping and Appurtenant Facilities Landscaping, planting, shrubbery, trees and appurtenant facilities, including irrigation systems, hardscapes and fixtures in public street and sidewalk rights-of-way, including parkways and medians, within the boundaries of the Assessment District.
Street Lighting and Appurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting and traffic signals in public street and sidewalk rights-of-way, including parkways and medians, within the boundaries of the Assessment District. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities. The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the City Clerk and are incorporated herein by reference.
PART B
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
PART C
The total proposed assessment for Fiscal Year 2001-2002 and the amount of the total proposed assessment apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Los Angeles County Assessor's Office, are contained in the Assessment Roll on file in the office of the City Clerk of the City of Hermosa Beach, which is incorporated herein by reference. The description of each lot or parcel is part of the Los Angeles County assessment roll and this roll is, by reference, made part of this Report.
PART D
GENERAL Part 2, of Division 15, of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance and servicing of street lights, traffic signals and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that:
The Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements" (Sec. 22574) Thus, the 1972 Act requires the levy of a true "benefit assessment" rather than a "special tax." Exempted from the assessment would be the areas of all publicly owned property in use in the performance of a public function. Railroad and utility rights-of-way are also exempt from assessment.
BENEFIT ANALYSIS
The City maintains trees and miscellaneous shrubbery and landscaping throughout the City. The trees, shrubbery and landscaping are located within the public street and sidewalk rights-of-way, including parkways and medians. These trees, shrubbery and landscaping provide an aesthetically pleasing environment, shade, beautification, and, according to some authorities, air purification and sound attenuation. These positive attributes increase the value of all properties throughout the City. Therefore, all property within the District receive an overall specific and direct benefit from the maintenance and servicing of the street median and parkway landscaping and street tree trimming programs. Special benefits which are received by all parcels in the City are considered to be City-wide Benefits, and the associated costs of these special benefits are spread equally, based on Equivalent Dwelling Units, to all parcels within the District. All properties in the District benefit from the operation, maintenance and servicing of the street lighting, traffic signals. street median and parkway landscaping and street tree trimming. The degree of benefit to each parcel of land varies depending on its land use and the size of the parcel. If assessments were spread on an individual parcel basis, not considering land use or parcel size, it would not be an equitable method of spread because a single family parcel would pay the same assessment as a 50-unit apartment parcel or a large commercial parcel. Therefore, the method for spreading the improvement costs, which must be based on special and direct benefit, is on an Equivalent Dwelling Unit (EDU) basis. The EDU method uses the residential dwelling unit as the basic unit and compares other uses to it, as follows:
There are a total of 10,910 EDU's within the Assessment District. ASSESSMENT RATE CALCULATION Based on a budget of $452,220, as shown in Part B of this report, the preliminary assessment rate for FY 2000-2001 is calculated as follows: $452,220 / 10,910 EDU's = $41.45 per EDU The assessment for FY 2000-2001 was $41.45 per EDU.
PART E
A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Hermosa Beach.
PART F
The boundaries of the District are coterminous with the boundaries of the City of Hermosa Beach. A diagram showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District is on file in the office of the City Clerk of the City of Hermosa Beach, and is incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for fiscal year 2001-2002. The Assessor's maps and records are incorporated by reference herein and made part of this report.
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