2 Proceedings under the Benefit Assessment Act of 1982, Government Code Section 547003, et. seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2016/2017.

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Meeting Date: July 05, 2016

STAFF REPORT

AGENDA ITEM: Proceedings under the Benefit Assessment Act of 1982, Government Code Section 547003, et seq., for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2016/2017.

MEETING DATE: July 5, 2016

PREPARED BY: Willdan Financial Services

REVIEWED BY: Odi Ortiz, Interim City Manager

RECOMMENDATION:

It is recommended that the City Council consider:

1. Opening the Public Hearing and take any testimony given

2. Closing the Public Hearing and determining if a majority protest has occurred. (A majority protest is when property owners responsible for more than 50% of the proposed assessment file a written protest prior to the close of the public hearing. If no majority protest has occurred the following action should be taken); and,

3. Adopting Resolution No. 2016- , approving the Engineer’s Report and the Levy and Collection of Assessments and Confirming the Diagrams and Assessments for Fiscal Year 2016/2017 for the City of Livingston Benefit Assessment Districts.

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 nineteen (19) individual districts within the City as follows:

Country Glen

Country Roads

Vinewood Estates

Vintage West Area A

Vintage West Area 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, Dunmore)

Strawberry Fields (Mcroy Wilbur)

Parkside-Forecast

La Tierra (Rancho Estrada)

Somerset (Sun Valley Estates)

DISCUSSION:

This resolution approves the Engineer’s Report, orders the levy and collection of assessments and confirms the diagrams and assessments for the Districts.

Since no cost of living adjustment is allowed in five Districts, the proposed FY 2016/2017 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, Dunmore Homes), 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.

For these Districts, the City Council in subsequent fiscal years 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, increased based upon the Consumer Price Index, All Urban Consumers, for the San Francisco-Oakland-San Jose Area ("CPI"), without conducting another mailed ballot election.

The fiscal year 2016/2017 assessment rates within these Districts are proposed to be increased over last year’s rates by 2.614%, which is the percentage increase in the Consumer’s Price Index, All Urban Consumers, for the San Francisco-Oakland­ San Jose Area Annual 2015 calculated from Annual 2014.

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 vote.

FISCAL IMPACT:

None to City; costs are borne by property owners within the referenced subdivisions.

ATTACHMENTS:

1. Resolution 2016-

2. Engineer’s Report and Budget (previously provided to Council)

RESOLUTION NO. 2016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON, AMENDING AND/OR APPROVING THE ENGINEER’S REPORT, FOR THE LIVINGSTON BENEFIT ASSESSMENT DISTRICTS AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITIDN SUCH DISTRICTS FOR FISCAL YEAR 2016/2017 AND CONFIRMING DIAGRAMS AND ASSESSMENTS PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 AND AS PROVIDED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION

The City Council of the City of Livingston, California (hereinafter referred to as the "City Council") does resolve as follows:

WHEREAS, the City Council by its Resolution No. 2016-25 initiated proceedings, and declared its intention to levy annual assessments for the Livingston Benefit Assessment Districts (the "District" or the "Districts") and to levy and collect assessments against lots and parcels of land within such Districts pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Article 4, Sections 54703 to 54719 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 and servicing public drainage improvements and appurtenant facilities located within public places within the boundaries of the Districts; and

WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a written report in connection with the annual levy of assessments against lots and parcels of land within the Districts, and the City Council did by previous Resolution preliminarily approved such report (the "Engineer’s Report" or "Report"); and

WHEREAS, there has now been presented to this City Council the Report as required by the Act, and as previously directed by Resolution; and

WHEREAS, this City Council has carefully examined and reviewed the Report as presented (or amended), and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the levy has been spread in accordance with the benefits received from the improvements, operation, maintenance, monitoring and services to be performed, as set forth in said Report; and,

WHEREAS, the City Council desires to levy and collect assessments against lots and parcels of land within the Districts for the fiscal year commencing July 1, 2016 and ending June 30, 2017, 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 Districts; and

WHEREAS, the City Council and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Articles XIIIC and XIIID of the California State Constitution.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE CITY OF LIVINGSTON BENEFIT ASSESSMENT DISTRICTS, AS FOLLOWS:

Section 1. That the Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 2. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. the Engineer’s Report prepared in connection with the Districts and the proposed levy and collection of assessments and the City Council has considered all oral and written statements, protests, objections and communications made or filed by interested persons.

Section 3. Based upon its review (and amendments, as applicable) of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information, the City Council hereby finds and determines with respect to the Districts included in the Engineer’s Report, that:

(i) the land within the Districts will be specially benefited by the operation, maintenance and servicing of public drainage improvements, located in public places within the boundaries of the Districts; and

(ii) the Districts includes all lands so specially benefited; and

(iii) the net amount to be assessed upon the lots and parcels within the Districts in accordance with the Engineer’s Report for the fiscal year commencing July 1, 2016 and ending June 30, 2017 is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements; and

(iv) only special benefits are assessed and no assessment is imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Section 4. The City Council hereby orders the proposed improvements to be made as set forth in the Engineer’s Report, which improvements are briefly described as follows: The operation, maintenance, monitoring and servicing of drainage improvements, including but not limited to: a lift station, detention basin, storm drain pipeline and all appurtenant facilities required for the operation and maintenance of the above mentioned improvements located in public places within the boundaries of the Districts.

Maintenance shall include, but are not limited to repairing outlets if damaged, cleaning retention basins and repairing damage related to flooding.

Section 5. The City Council hereby confirms the diagrams and assessments set forth in the Engineer’s Report. The maintenance, operation, monitoring and servicing of the public drainage improvements and appurtenant facilities shall be performed pursuant to the Act. For fiscal year 2016/2017, the County Auditor of Merced County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected.

After collection by the County, the net amount of the assessment after deduction of any compensation due the County for collection shall be paid to the City Treasurer. For fiscal year 2016/2017, the City’s representative is hereby authorized and directed to collect such assessments.

Section 6. The assessments are incompliance with the provisions of the Act and Articles XIII C and XIII D of the California Constitution, and the City Council has complied with all laws pertaining to the levy of annual assessments pursuant to the Act and Articles XIII C and XIII D of the California Constitution.

Section 7. The assessments are levied for the purpose of paying the costs and expenses of the improvements described in Section 5, above, for fiscal year 2016/2017.

Section 8. The City Treasurer shall deposit all money representing assessments collected for the Districts to the credit of special fund(s) known as "Improvement Fund, City of Livingston Benefit Assessment Districts" and such money shall be expended only for the maintenance, operation, monitoring and servicing of the public drainage improvements and appurtenant facilities as described in Section 5 above.

Section 9. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2016 and ending June 30, 2017.

Section 10. A certified copy of the diagrams and assessments shall be on file in office of the City Clerk and shall be open for public inspection.

Passed and adopted this 5th day of July 2016, by the following vote:

AYES:

NOES:

ABSENT:

Rodrigo Espinoza, 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 5th day of July, 2016.

Antonio Silva, City Clerk of the City of Livingston

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