Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54703, Et. Seq., Approving the Formation of City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Assessments for Fiscal Year 2013/2014, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

LIVINGSTON CA / June 17, 2013 —

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7. Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54703, Et. Seq., Approving the Formation of City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Assessments for Fiscal Year 2013/2014, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

STAFF REPORT

AGENDA ITEM: Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54703, Et. Seq., Approving the Formation of City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Assessments for Fiscal Year 2013/2014, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

MEETING DATE: June 18, 2013

clip_image001PREPARED BY: Willdan Financial Services REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt Resolution No. 2013-_, approving the formation of City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments), approval of the Engineer’s Report, and setting a time and place for a public hearing.

BACKGROUND:

The City of Livingston currently levies and collects special assessments in the City’s existing Benefit Assessment Districts to offset the cost of providing the maintenance of drainage improvements within specific areas of the City. There are currently eighteen (18) Benefit Assessment Districts.

This resolution initiates proceedings, declares the City’s intention to levy assessments and approves the Engineer’s Report for the formation of City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments). This district consists of a new multi-family residential development located along Lincoln Blvd, south of the Arena Canal, and as a condition of approval, drainage facilities are required. As an additional condition of development, the developers/owners are required to enter into a Benefit Assessment District to fund the annual maintenance of the drainage improvements.

DISCUSSION:

According to the Benefit Assessment Act of 1982, the City may establish a new benefit assessment district to provide for the continued maintenance, operation, and servicing of the drainage improvements. Placement of the drainage improvements into the District will provide for the continued maintenance of these improvements after the developers install them and the City accepts them for maintenance.

Proposition 218, the Right to Vote on Taxes Act, requires that a notice of the proposed assessment and ballot be mailed to the record owner of each parcel on which an assessment is imposed, at least 45 days prior to the date of the public hearing upon the proposed assessment.

The City has prepared a resolution initiating proceedings to approve the District and to levy and collect assessments to fund the costs of maintenance of the drainage improvements within the District. The City Council has designated Willdan Financial Services as the assessment engineer and will hear on the Engineer’s Report, which outlines both the District and the proposed annual assessments.

The attached resolution and Engineer’s Report initiate the process for the District and sets a date for the public hearing. At the time of the public hearing, the ballots will be opened. If the majority vote is yes, the Engineer’s Report and resolution to be heard at the public hearing will confirm and levy the assessments.

FISCAL IMPACT:

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

ATTACHMENTS:

I. Resolution No. 2013-

2. Engineer’s Report

RESOLUTION NO. 2013-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA INITIATING PROCEEDINGS FOR THE FORMATION OF THE CITY OF LIVINGSTON BENEFIT ASSESSMENT DISTRICT NO. 2013-1 (LIVINGSTON FAMILY APARTMENTS), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN SAID DISTRICT AND ORDERING THE PREPARATION AND FILING OF AN ENGINEER’S REPORT IN CONNECTION THEREWITH;

PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR THE CITY OF LIVINGSTON BENEFIT ASSESSMENT DISTRICT NO. 2013-1 (LIVINGSTON FAMILY APARTMENTS), FOR FISCAL YEAR 2013/2014 AND DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS WITHIN SAID DISTRICT AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING

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

WHEREAS, the City Council of the City of Livingston, pursuant to the provisions of the Benefit Assessment Act of 1982 being Chapter 6.4 of Part 1 of Division 2, commencing with Section 54703, of the Government Code of the State of California (hereinafter referred to as the "Act") and as provided by Proposition 218, "The Right to Vote on Taxes Act", Article XIII D, Section 4, of the California Constitution (hereinafter referred to as the "Implementation Act") to pay for the costs and expenses of operating, maintaining, and servicing drainage improvements and appurtenant facilities located within public places within the boundaries of the City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments), (hereinafter referred to as the "District") for fiscal year 2013/2014, for the purposes provided therefore in the Act; and

The public interest and convenience require the City Council to initiate proceedings for the formation of the District and levy of assessments for fiscal year 2013/2014, for the purposes provided thereof in the Act; and

WHEREAS, the District is located in the City of Livingston, County of Merced, State of California, more particularly described as follows:

Assessor Parcel Number: 047-310-028

(hereinafter referred to as the "Property"); and

WHEREAS, the developers/owners are developing the Property as a multi-family residential development (hereinafter referred to as the "Development"); and

WHEREAS, as a condition of its original approval for the Development within the City of Livingston (hereinafter referred to as the "City"), the City has required that the developers/owners install drainage improvements adjacent to their Project, and that the drainage and related improvements be installed to a standard acceptable to the City, and that the developers/owners 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 improvements to be installed, constructed, or maintained within the Development may include installation, construction, 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 Development 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 City desires to initiate proceedings for the formation of the District for the Development in accordance with the provisions of the Act and the Implementation Act in order to provide for the continued maintenance, operation, and servicing of the improvement areas and drainage improvements, and for the payment of all costs and expenses incurred of same; and

WHEREAS, in accordance with the Implementation Act the owner must submit an Assessment Ballot either approving or disapproving the levy of the assessment(s) on their property; and

WHEREAS, the developers/owners have, among other things, proposed to improve the improvement area and install drainage improvements and has requested the establishment of the District, to provide for the continued maintenance, operation, and servicing of the improvements, and for the payment of the costs and expenses incurred for such maintenance, operation and servicing, and requested placement of the Property and Development into the District; and

WHEREAS, the City Council has directed the City Engineer to prepare a report (hereinafter referred to as the "Engineer’s Report") describing the service proposed to be financed through the revenue derived from the assessment, a description of each lot or parcel of property proposed to be subject to the benefit assessment, the amount of the proposed assessment for each parcel and the basis and schedule of the assessment for the District; and

WHEREAS, the Engineer’s Report has been filed with the City Clerk and is open to public inspection and may be referred to for all details regarding the improvements, the boundary of the District, the assessments, total costs and description of the parcels to be assessed; and

WHEREAS, the City Council has examined and considered the Engineer’s Report and the proceedings prior thereto.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council for the City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments), as follows:

Section I. That the above recitals are true and correct; and

Section 2. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the approval for the formation of the District and to levy and collect assessments against the assessable lots and parcels ofland within such District for that portion of the fiscal year commencing July 1, 2013 and ending June 30, 2014 to pay the costs and expenses of the improvements described in Section 3. If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution, 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 fiscal year 2013/2014, increased each year based upon the Consumer Price Index, All Urban Consumers, for the Merced County 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 CPI for February of each year and the CPI for the previous February, and shall then adjust the existing assessment by an amount not to exceed such percentage 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. While the maximum assessment rate will increase by the CPI each year, the actual rate per EDU will not increase for a period of fifty­ five (55) years, as outlined in the development agreement, so long as the multi-family property subject to the assessment remains subject to the recorded affordability covenants on file with the City. As such, the actual rate per EDU for fiscal years 2013/14 through 2067/68 will remain at the fiscal year 2013/14 actual rate per EDU or lower, so long as the multi-family property subject to the assessment remains subject to the recorded affordability covenants on file with the City. If, at any point, any of the affordability covenants recorded against the multi-family property subject to the assessment are terminated for any reason, then the assessment shall automatically increase by the amount equal to all the increases in the assessments that have occurred from the effective date of the development agreement until to the point at which any affordability covenant was terminated; and

Section 3. That the City hereby proposes an annual levy of assessments for the District to provide for the following work:

Installation, construction 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; and

Section 4. The City Manager is hereby directed to cause the preparation of the Engineer’s Report in accordance with the Act and the Implementation Act for the District and upon completion, to file said Engineer’s Report with the City Clerk, who shall then submit the same to the City Council for its consideration; and

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 the Act and Implementation Act and entitled "Engineer’s Report, City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments)". Interested persons are referred to the Engineer’s Report for a full and detailed description of the improvements, the proposed annual assessments upon assessable lots and parcels of land within the District; and

Section 6. The Engineer’s Report has been presented to the City Council and the City Council has duly considered each and every part of the Engineer’s Report; and

Section 7. A diagram for the District showing the area to be benefited and assessed for the improvements has been prepared as Exhibit "A." The diagram, assessments, and improvement plans have been filed with the City Clerk; and

Section 8. The diagram, which indicates by a boundary line the extent of the District, is hereby declared to describe the proposed boundaries of the District and shall govern for all details as to the extent and location of said District; and

Section 9. This City Council is satisfied with the correctness of the diagram and assessment including the proceedings and all matters relating thereto; and

Section I 0. The public interest and convenience require, and it is the intention of, the City Council to levy and collect assessments within the District for the fiscal year 2013/2014; and

Section 11. The City Council hereby finds that each and every part of the Engineer’s Report is sufficient and the City Council hereby preliminarily approves, passes on and adopts the Engineer’s Report as submitted to the City Council and filed with the City Clerk; and

Section 12. The City Council does hereby reference the Engineer’s Report, which indicates the amount of the proposed assessments, the District’s boundary, detailed description of improvements and the method of assessment. The Engineer’s Report is on file in the office of the City Clerk and reference to the Engineer’s Report is hereby made for all particulars; and

Section 13. The City Council has determined that the assessment on each parcel of property within the District is related to the benefit to the parcel which will be derived from the provisions of service and that the annual aggregate amount of the assessment does not exceed the estimated annual costs of providing the service; and

Section 14. The City Council hereby directs the City Clerk to mail an Assessment Ballot, which poses the question before the owners of the property within the District whether the City shall be authorized to levy assessments for the service proposed. The Assessment Ballot shall be mailed to the Developer/Owner of the parcels indicated in the Engineer’s Report and returned no later than the close of the public hearing; and

Section 15. Public Hearing. Notice is hereby given that on the 6th day of August 2013, at the hour of 7:00 o’clock p.m. (or as soon thereafter as practical), in the regular meeting place of the City Council being the City Council Chambers, located at 1416 C Street, Livingston, California 95334, a public hearing will be held with reference to the District; and

Section 16. The City Clerk shall certify to the adoption of this Resolution. Passed and adopted this 18th day of June 2013 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

clip_image001[4]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 18th day of June 2013.

clip_image002Antonio Silva, City Clerk of the City of Livingston

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