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STAFF REPORT
AGENDA ITEM: Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2018/2019 for the Livingston Benefit Assessment Districts, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments Within Such Districts and Appointing a Time and Place for a Public Hearing
MEETING DATE: July 3, 2018
PREPARED BY: Willdan Financial Services
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Approve Resolution No. 2018- _ _ , Initiating Proceedings and Ordering the Preliminary Engineer’s
Report for the Annual Levy of Assessments for Fiscal Year 2018/2 019 for the Livingston Benefit Assessment Districts, Approving the Engineer’s Report, Declaring the City’ s Intention to Levy Annual Assessments Within Such Districts and Appointing a Time and Place for a Public Hearing.
BACKGROUND:
The City of Livingston annually levies and collects special assessments in the City’s Benefit Assessment Districts to offset the cost of providing the annual maintenance of drainage improvement within specific areas of the City. There are currently eighteen ( 18) individual districts within the City as follows:
Country Glen Country Roads Vinewood Estates
Vintage West (Area A & B)
Sundance (Country Villas 1, 2, and 3) Kensington Park South (Vineyard Estates) Monte Cristo Estates
Monte Cristo Estates II (Briarwood) Vinewood Estates II (Briarwood) Bridgeport Village
Davante Villas
Country Lane I (Liberty Square) Country Lane II (Country Lane, Kishi) Sundance IV (Country Villas IV) Strawberry Fields (Mcroy Wilbur) Parkside-Forecast
La Tierra (Rancho Estrada) Somerset (Sun Valley Estates)
DISCUSSION:
This resolution initiates proceedings for the annual levy of annual assessments, declares the City’s intention to levy annual assessments, and preliminarily approves the Engineer’s Report for the Districts.
Since no cost of living adjustments are allowed in four Districts, the proposed FY 2018/2019 assessments will remain the unchanged from the previous year’s assessment rates for Country Glen, Country Roads, Vintage West (Area A & B) and Vinewood Estates as the assessment rates in these Districts may not be increased over last year’s rates until approved through a ballot of the property owners.
The assessments for the Districts known as Bridgeport, Country Lane I (Liberty Square), Country Lane II (Country Lane, Kishi), Davante Villas, Sundance (Country Villas 1, 2, and 3), Kensington Park South (Vineyard Estates), La Tierra (Rancho Estrada), Parkside-Forecast, Monte Cristo, Monte Cristo II (Briarwood), Somerset (Sun Valley Estates), Strawberry Fields, Sundance IV (Country Villas IV), and Vinewood Estates II (Briarwood) were approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution.
ln each fiscal year following these balloted elections, the City Council may impose the assessments in these Districts at a rate or amount that is less than or equal to the amount authorized for the previous fiscal year after being increased by the approved annual escalation factor, without conducting another mailed ballot election. The approved annual escalation factor for these Districts is based upon the Consumer Price Index, All Urban Consumers, for the San Francisco-Oakland-San Jose Area (“CPI”). The fiscal year 2018/2019 assessment rates within these Districts are proposed to be increased over last year’s rates by 3.2214%, which is the percentage increase in the CPI, All Urban Consumers, for the San Francisco Oakland-San Jose Area Annual 2017 calculated from Annual 2016.
Pursuant to Proposition 218, The Right to Vote on Taxes Act, new or increased assessments must be approved by a vote of the owners of the property to be assessed. Since the assessment rates are not to be increased by any amount other than the approved CPI, there will be no need for a property owner vote.
Following actions will include a public hearing to be set for July 17, 2018. At that time, the Council will be asked to adopt a resolution confirming assessments and authorizing staff to place the assessments on the annual tax rolls.
FISCAL IMPACT:
None to City; costs are borne by property owners within the referenced subdivisions.
ATTACHMENTS:
1. Resolution 2018-
2. Engineer’s Report and Budget
RESOLUTION NO. 2018-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON INITIATING PROCEEDINGS AND ORDERING THE PRELIMINARY ENGINEER’S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2018/2019 FOR THE LIVINGSTON BENEFIT ASSESSMENT DISTRICTS, APPROVING THE ENGINEER’S REPORT, DECLARING THE CITY’S INTENTION TO LEVY ANNUAL ASSESSMENTS WITHIN SUCH DISTRICTS AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING
WHEREAS, the City Council of the City of Livingston, pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Article 4, Section 54703 et seq of the Government Code of the State of California (hereinafter referred to as the “Act”) to pay for the costs and expenses of operating, maintaining, monitoring and servicing public drainage improvements and appurtenant facilities located within public places within the boundaries of the Livingston Benefit Assessment Districts (the “Districts”) for fiscal year 2018/2019, for the purposes provided thereof in the Act; and
WHEREAS, the public interest and convenience require the City to initiate annual proceedings for the levy of assessments within the Districts for fiscal year 2018/2019, for the purposes provided thereof in the Act; and
WHEREAS, as a condition of its original approval for development within the City of Livingston (hereinafter referred to as the “City”), the City has required that the developers install drainage improvements adjacent to their Projects, and that the drainage and related improvements be installed to a standard acceptable to the City, and that developers provide a means satisfactory to the City for assuring the continued maintenance, operation, monitoring and servicing of the Improvement Areas and improvements thereto; and
WHEREAS, the improvements to be installed, constructed or maintained within the Districts may include installation, construction, monitoring or maintenance of any authorized improvements under the Act, including, but not limited to any drainage facilities or improvements which are necessary or convenient for the maintenance or servicing thereof; and
WHEREAS, the responsibility is now on the individual property owners within the developments to provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and improvements thereto; and
WHEREAS, the proposed assessment rates for parcels within the original 4 Districts and the 14 Districts, which may be increased annually by the approved CPI rate increase, provide funding for maintenance and operation of the current facilities; and
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WHEREAS, in order to maintain the facilities at a standard acceptable to the City the assessments within the Districts will need to be levied for fiscal year 2018/2019; and
WHEREAS, Proposition 218, the Right to Vote On Truces Act does hereby require that if the assessment rate is to be increased, a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the District, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and
WHEREAS, all assessments subject to annual rate increases, such annual rate increases were previously approved through a successful balloting of the property owners and these assessment increases require no further balloting; and
WHEREAS, notices and Assessment Ballots are not required if assessments are not considered increased; and
WHEREAS, Willdan Financial Services has prepared a diagram and a 2018/2019 Assessment Roll referred to as Appendix “A” and Appendix “B” incorporated herein by reference and included in the Engineer’s Report (the “Report”) under Appendix “A” and Appendix “B” showing the boundaries which are benefited by the improvements and the amounts to be assessed against each of the parcels within each District; and
WHEREAS, the Engineer’s Report, diagrams and assessments have been filed with the City Clerk and are open to public inspection, and may be referred to for all details regarding the improvements, the boundary of the Districts, the assessments, total costs, and description of the parcels to be assessed; and
WHEREAS, this City Council has examined and considered the Engineer’s Report, diagrams, assessments, and the proceedings prior thereto.
NOW, THEREFORE, BE IT RESOLVED, that the Livingston City Council hereby adopts Resolution 2018-_, takes the following actions with respect to the Livingston Benefit Assessment Districts:
Section 1. That the above recitals are true and correct.
Section 2. That the City hereby proposes an annual levy of assessments for the Benefit Assessment Districts, including the following individual Districts:
Country Glen Country Roads Vinewood Estates
Vintage West Areas A & B
Sundance (Country Villas 1, 2, and 3) Kensington Park South (Vineyard Estates) Monte Cristo Estates
Monte Cristo Estates II (Briarwood) Vinewood Estates II (Briarwood) Bridgeport Village
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Davante Villas
Country Lane I (Liberty Square) Country Lane II (Country Lane, Kishi)
Sundance IV (Country Villas IV. Dunmore) Strawberry Fields (Mcroy Wilbur)
Parkside-Forecast
La Tierra (Rancho Estrada) Somerset (Sun Valley Estates)
Thereon to provide for the following work:
Installation, construction, servicing, operation, monitoring and/or maintenance of any authorized improvements under the Act, including, but not limited to drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof including streets.
Section 3. The City Council hereby (1) finds that the public interests and convenience requires and (2) declares its intention to order the approval of the levy and collection of assessments against the assessable lots and parcels of land within such Districts for the portion of the fiscal year commencing July 1, 2018 and ending June 30, 2019 to pay the costs and expenses of the improvements described herein. For the Bridgeport Village, Country Lane I (Liberty Square), Country Lane II (Country lane, Kishi). Somerset (Sun Valley Estates), Sundance (Country Villas 1, 2 and 3), Davante Villas, Kensington Park South (Vineyard Estates), La Tierra (Rancho Estrada), Parkside – Forecast. Monte Cristo Estates. Monte Cristo Estates II (Briarwood), Strawberry Fields (Mcroy Wilbur), Sundance IV (Country Villas IV, Dunmore Homes), and Vinewood Estates II (Briarwood) Districts, the assessments proposed by this resolution were approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution. For these Zones, in fiscal years subsequent to these approved balloted elections, the City Council may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for the previous fiscal year together with an annual increase equal to the percentage increase of the Consumer Price Index CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area (CPI), as determined by the United States Department of Labor, or its successor without conducting another mailed ballot election. The Engineer shall compute the percentage of difference between the Annual CPI for the current year and the Annual CPI for the previous year, and shall then adjust the existing assessment by an amount not to exceed such percentage increase for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living.
Section 4. The City Manager is directed to cause the preparation of a Written Report in accordance with Article 4 of the Act for the District, and upon completion, to file said report with the City Clerk, who shall then submit the same to the City Council for its consideration.
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Section 5. In accordance with the City Council’s order, the City’s Engineer has filed with the City Clerk the Engineer’s Report required by Article 4 of the Act and entitled “Consolidated Engineer’s Report, Benefit Assessment Districts” (the “Report”). All interested persons are referred to the Report for a full and detailed description of the improvements, the proposed annual assessments upon assessable lots and parcels of land within the Districts.
Section 6. The Report has been presented to the City Council and the City Council has duly considered each and every part of the Report.
Section 7. Diagrams for the Districts, as referenced in the Engineer’s Report, showing the areas to be benefited and the amount of the proposed assessment for each parcel assessment (Section 54716 of the Act) assessed for the improvements has been prepared as referenced in Appendix “A.” of the Report. The diagrams, assessments, and improvement plans have been filed with the City Clerk.
Section 8. The diagrams referenced in the Engineer’s Report, which indicate by a boundary line the extent of the Districts, is hereby declared to describe the boundaries of the Districts and shall govern for all details as to the extent and location of said Districts.
Section 9. This City Council is satisfied with the correctness of the diagrams and assessments, including the proceedings and all matters relating thereto.
Section 10. The public interest and convenience require and it is the intention of the City Council of the City to levy and collect additional assessments within the Districts for the fiscal year 2018/2019.
Section 11. The City Council hereby finds that each and every part of the Report is sufficient and the City Council hereby preliminarily approves, passes on and adopts the Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention.
Section 12. The City Council does hereby reference the Report, which indicates the amount of the proposed assessments, the Districts’ boundaries, detailed description of improvements, and the method of assessment. The Report is on file in the office of the City Clerk and reference to the Report is hereby made for all particulars.
Section 13. That notice is hereby given that on the 17th day of July 2018, at the hour 7 p.m. or as soon thereafter as possible, in the City Council Chambers at 1416 “C” Street, in the City of Livingston, the City will hold a public hearing as to the proposed assessments of each District.
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Section 14. The City Clerk shall certify to the adoption of this Resolution by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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James Soria, Mayor
of the City of Livingston
ATTEST:
I, hereby certify that the foregoing Resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston , this 3rd day of July 2018.
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Danna Rasmussen, Deputy City Clerk of the City of Livingston
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