WILSHIRE MIRACLE MILE SIDEWALK MAINTENANCE DISTRICT - W.O. E (ANNUAL ASSESSMENT CONFIRMATION)

Transcription

1 To the Honorable Council Of the City of Los Angeles C.D. No. 4 Honorable Members of Council: Office of the Director Bureau of Street Services Department of Public Works Council File No SUBJECT WILSHIRE MIRACLE MILE SIDEWALK MAINTENANCE DISTRICT - W.O. E (ANNUAL ASSESSMENT CONFIRMATION) RECOMMENDATIONS 1. Approve this report and set an early hearing date for the confirmation of assessments. 2. Instruct the City Clerk to publish the notice of the hearing, once in a newspaper published and circulated in the City of Los Angeles, at least 10 days prior to the hearing date. 3. Approve the increase in assessments by 1.80% for this fiscal year without further notice or ballot, as provided by Ordinance No , Section 14, adopted by the Los Angeles City Council on July 15, At the confirmation hearing, if protests are denied, immediately confirm the assessments. 5. Upon confirmation of the assessments, instruct the Board of Public Works to furnish, to the Los Angeles County Tax Collector, a list of the assessments to be levied on each parcel in the District for the period ending June 30, 2017 and cause a Notice of Assessment to be published. FISCAL IMPACT STATEMENT The maintenance district is funded by assessment of abutting property owners. Upon confirmation, the assessable amount, $183,768.68, will be collected on the property tax bills and deposited into Fund 304, Dept. 50, Revenue Source TRANSMITTALS 1. Proposed assessment of each lot or parcel within the district for FY Estimated operational costs for FY Copy of Ordinance of Intention No. 172, Copy of Wilshire Miracle Mile Sidewalk Maintenance Assessment District Map Wilshire Council TransmittalCouncil Transmittal 3:49:09 PM 8/2/2016

2 ENVIRONMENTAL DETERMINATION This project does not require the preparation of an environmental document. It is categorically exempt under Article III, Section 1, and Class 1 (3) of the City CEQA Guidelines. DISCUSSION This report is being submitted in accordance with section of the Los Angeles Administrative Code (LAAC). The code requires that the assessments for all on-going maintenance districts be confirmed each year. The Bureau of Street Services requires that the assessment be adopted by Council on or before August 30, 2016, so that assessment can be furnished to the Los Angeles County Tax Collector s Office in time for it to be included on the property tax roll. On July 15,1998, the City Council ordered the maintenance work for this project to be performed under Section through of the LAAC. The work consists of maintenance of the sidewalks and driveways on Wilshire Boulevard between Fairfax Avenue and Sycamore Avenue by cleaning and washing, tree trimming, periodic planting, irrigation maintenance, weed and graffiti removal, collection of trash from receptacles, and other necessary clean up and related work. This sidewalk maintenance district was subject to and complied with the requirements of Section 4 of Proposition 218. Subsequent increases in the assessment shall also be subject to the procedures and approval process set forth in Section 4 of Proposition 218. Section 14 of Ordinance No. 172,103 (Transmittal #3), adopted July 15, 1998, states that "the amounts of the assessments designated in the assessment roll may be increased annually, without further notice or ballot, by no more than the annual Consumer Price index (CPI) for Los Angeles- Anaheim-Riverside CA, provided by the U.S. Dept, of Labor (Bureau of Labor Statistics), or 3%, which ever is less." Therefore, in order to comply with the increase in the cost of living (2016 annual Los Angeles/Riverside-Orange Co. average CPI per U.S. Department of Labor/Bureau of Labor Statistics: 1.80%), and pursuant to Section 14 of the Ordinance No. 172,103, it is recommended to increase the amounts of the assessments designated in this assessment district s roll by 1.80% for this fiscal year, , without any further notice or ballot. The total estimated expense for maintenance in the Fiscal Year is $183, It is anticipated that there will be no surplus in the project account at the end of the year. Therefore, the total amount assessed on this year s tax bill will also be $183, Since there will be no increase in the assessments beyond the provisions in the Ordinance of Intention, only one hearing is required and no additional balloting is required. Respectfully submitted, NS/JC/VPV:MI:js lazario SAUCEDA, ureau of Street SerVf Wilshire Council TransmittalCouncil Transmittal 3:49:09 PM 8/2/2016

3 ASSESSMENT TITLE: WILSHIRE MIRACLE MILE SIDEWALK MAINTENANCE DISTRICT W.O. E INPUT FOR ROLL YEAR: REGULAR PARCELS LIEN TOTAL - $ 152, PUBLIC PROPERTY LIEN TOTAL = $ 30, GRAND TOTAL $183, REGULAR PARCELS ITEM COUNT PUBLIC PROPERTY ITEM COUNT 53 2 GRAND TOTAL 55 Author Villa-Agustm, Chief Management Analyst 1 Management Division 1149 S. Broadway, Ste 400 Los Angeles, CA D If there are any questions, please contact: Jennifer Sapone (213) Wilshire Council TransmittalCouncil Transmittal 3:49:09 PM 8/2/2016

4 WILSHIRE MIRACLE MILE SIDEWALK MAINTENANCE DISTRICT ROLL FY REGULAR PARCEL ASSESSMENTS Annual Assessment > ID APN ASST FY %=.018 ASST FY $3, $70.36 $3, $1, $26.13 $1, $1, $26.13 $1, $1, $26.13 $1, $1, $24.38 $1, $8, $ $8, $2, $37.62 $2, $2, $49.12 $2, $ $9.41 $ $1, $22.68 $1, $2, $40.31 $2, $ $16.47 $ $4, $81.16 $4, $1, $26.13 $1, $1, $24.38 $1, $2, $50.51 $2, $5, $99.28 $5, $ $16.11 $ $4, $76.41 $4, $4, $73.50 $4, $5, $98.93 $5, $10, $ $10, $1, $20.90 $1, $ $9.41 $ $ $15.68 $ $ $15.68 $ $ $12.54 $ $1, $18.81 $1, $1, $35.18 $1, $7, $ $7, $ $12.54 $ $2, $41.80 $2, $1, $32.86 $1, $5, $94.05 $5, $2, $45.28 $2, $2, $45.28 $2, $1, $24.38 $1, $3, $66.18 $3, $2, $45.28 $2,561.03

5 TOTAL $2, $ $1, $ $1, $ $1, $ $1, $ $2, $ $2, $ $5, $ $1, $ $1, $ $2, $ $11, $ $6, $ $4, $84.92 REGULAR PARCEL ASSESSMENTS: $150, $2, $2, $1, $1, $1, $1, $2, $2, $5, $1, $1, $2, $11, $6, $4, $152,995.33

6 WILSHIRE MIRACLE MILE SIDEWALK MAINTENANCE DISTRICT ROLL PUBLIC PARCEL ASSESSMENTS FY Annual Assessment > ID APN ASST FY %=.018 ASST FY $25, $ $25, $5, $94.07 $5, TOTAL PUBLIC PARCEL ASSESSMENTS: $30, $ $30,773.35

7 Wilshire Miracle Mile Sidewalk Maintenance Assessment District Estimated Operational Costs for FY IDESCRTPTION 1 ESTIMATED COST Estimated Contract Plus Related Work $156, Estimated Bureau of Street Services Fees (15% of total FYassessment = County Charges: $183, $27, # of regular parcels: 53 x Cost per parcel: $0.25 $13.25 Total Estimated FY Operational Cost $183, Regular Assessment: $152, Public Assessment: $30, Total FY Regular & Public Assessment (including June 2015 annual consumer price index of 1.8%) I I $183,768,681

8 WILSHIRE MIRACLE MILE SIDEWALK ASSESSMENT DISTRICT SUMMARY OF CHANGES FY DATE OF CHANGE OLLYEA ID FROM APN ISW LIEN SROLL YEA ID TO APN SW LIEN $ CD Data Undated Changes 07-08: 21-May-07 FY , FY $2, /22/ May-07 FY , FY $1, /22/2007 Changes 08-09: 3/7/2008 No changes for Changes 0S-10: 6/2/2009 FY FY $ /2/2009 FY FY $ /2/2009 FY , FY $1, /2/2009 FY , FY $3, Total SI/I/ Lien: 6, Total SW Lien: $6, /2/2009 FY , FY $3, /2/2009 FY , FY $9, Changes 10-11: 6/22/2010 FY $1, FY $1, no additional frontage. Therefore, same assessment $. FY $0.00 new per rolls. However, no frontage; therefore, excluded. Informational references only (not on roll) 6/2/2009 FY , FY $0.00 Per Jose C/BSL, not on FY roll since no frontage to Wilshire Blvd Orig. sybmitted assi 2011 Prop Cuit illlable APN CALC Final Changes 11-12: based on % of sq I Value % of 2 AP : dist. of lots 1-4 Per County sq ft per BOE q Footagrtssessments «6/20/2011 FY FY $1, $9.00 n-a n-a n-a Ground Lot $1, $9.00 n-a n-a n-a Air Space Lot $ $3,148, % Air Space Lot $1, $56,935, % Air Space Lot 4 total: 4, ,084, % Wilshire Roll Page 1 of 4 7/27/20164:03 PM

9 Per county exception rpt, APNs and have a property value each of $9. Therefore, the County is unable to bill an assessment on these properties directly. Therefore: assessment has been distributed two APNs,,017 and based on each of the two sq. footages. Apply this approach to future years. 6/2/2009 FY FY Per Jose C/BSL FY 08/09, not on FY roll since no frontage to Wilshire Blvd Changes 12-13: n-a FY New APN. Leave '017 as is Ridgeley is parking lot access (st. level) to condo structure with 4 floors; therefore, do not assess. 5/29/2012 5/29/ to replace and However, not valid APN in LUPAMS as of 5/ and not on new APN list to replace and However, not valid APN in LUPAMS as of 5/29 5/29/2012 FY $1, FY per correction noted in 11/12, removed and and distributed assessment across and /29/2012 FY $1, FY Changes 13-14: $ frontage % of frontage 6/21/2013 FY $3, FY % Total combined assessment (with 1.6% increase = $ , FY % distributed with proportion to frontage. 6/21/2013 FY left as is since on 2009 map does not have any frontage; therefore, did not include 6/21/2013 FY $1, FY and -010 combined into $2, FY 14-15: NO CHANGES FY 15-16: NO CHANGES Changes 16-17: 7/21/2016 FY FY , apn change Wilshire Roll Page 2 of 4 7/27/20164:03 PM

10 7/21/2016 FY FY , FY /21/2016 FY FY No new # yet 7/21/2016 FY FY According to LA County, this was a wrong ;ked back but that was charged last year This number did not show up on the new roll, but LA County said an APN change was in the works, but the new number was not on the roll so need to charge to the old number. apn change lot split to 57.2% according to BSL Miriam apn change lot split to 42.8% according to BSL Miriam W Wilshire Roll Page 3 of 4 7/27/20164:03 PM

11 ;q ftg per BOf 1.93 acre sq ft 17716sq ft 1.93 acre Total Sq ft sq ft % of total sq ft % APN..012 &. 013 changed to APN which was broken into four APNs: % obtained sq footage for each APN from Robert Castillo, of BOE. Then, per Dennis Rogers, distributed % of assessment based on portion of each new APN s total sq footage % BSL's procedure is to divide total OF and assessment and distribute it to the four APN's % % Wilshire Roll Page 4 of 4 7/27/20164:03 PM

12 ORDINANCE NO, II 2.1 Q 3 An Ordinance declaring the Los Angeles City Council s intention to confirm the assessments, and order the maintenance of sidewalks in the WILSHIRE MIRACLE MILE MAINTENANCE DISTRICT W.O. E , determining and describing the district to be benefitted by the maintenance work and to be assessed annually to pay the costs and expenses thereof, fixing a time and place for public testimony and hearing protests, and conducting an assessment ballot proceeding against the proposed work and against the proposed assessments and determining that the assessments shall he collected by the County of Los Angeles Tax Collector along with the general taxes. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Prior to the first reading of this ordinance, the Council ordered and the Board of Public Works made and filed with the City Clerk the report required by Section of the Los Angeles Administrative Code, and, the Council, having held the hearing thereon, as specified by Section of said Code, and approved the report. Section 2. The public interest and convenience require, the Council, in accordance with Section through of said Code, intends to confirm the assessments and order the maintenance of sidewalks and necessary tree trimming in the public streets described as: WILSHIRE BOULEVARD (MIRACLE MILE) between Fairfax Avenue and Sycamore Avenue, by cleaning and washing such sidewalks, collection of trash from receptacles, tree trimming and other necessary cleanup work appurtenant and incidental thereto. Section 3. The maintenance work shall be done in accordance with the specifications therefor, on file in the office of the City Engineer, which fully describe the work to be done. Section 4. The Council declares its intention of assessing the costs and expenses of said maintenance work, including all expenses incurred incidentally thereto, upon the separate, abutting lots and parcels of real property lying within the boundaries of the assessment district to be benefitted by the work, being the district shown and described by diagram or Map No. A on file in the office of the City Clerk. Assessments for the maintenance work may be made annually, after notice and hearing, and positive majority results of the ballot proceeding, and the assessment, when confirmed and levied, shall be liens against the lots and parcels assessed. Said diagram or map shows each lot and parcel of real property which is to be assessed for the maintenance work and the boundaries of the assessment district. All public streets and ways, or portions thereof, within that district shall be omitted from the assessment. The proposed assessments on said lots and parcels of real property, within said district and receiving benefit from such maintenance work, will be based on and in proportion to benefits received.

13 Section 5. The estimated cost of the maintenance work, including incidental expenses, and contingencies for one year's work is $116,550 which is to be advanced from the City s General Fund. The initial cost to be confirmed, including the advance, is $286,380, Section 6. Any contract for the performance of the maintenance work shall be let to the lowest responsible bidder. % Section 7. Notices of adoption of this ordinance and assessment ballots shall be mailed by the City Clerk to the owners of real property proposed to be assessed, in this assessment ballot proceeding, all in the manner and in the form required by law. Section 8. ^Ahe day oftsftzpt 399 if. at 10:00 A.M. in the Council Chamber, in the City Hall, in the City of Los Angeles is the day, hour and place when and where a hearing will be held to allow public testimony regarding the enactment of the proposed assessment. Section 9. (Sil the day of gsffit 199^at 10:00 A.M. in the Council Chamber, in the City Hall, in the City of Los Angeles is the day, hour and place when and where the Council will hold a public hearing on the proposed maintenance work and assessment. Any owner of real property liable to be assessed therefor may, at any time prior to the above time and date set for the hearing, file a written protest stating objections to the proposed work and assessment Such protest must contain a description of the real property in which the signer is interested and be delivered to the City Clerk, and no other protests shall be considered. If signers are not shown upon the real property ownership records of the City Clerk's office as owners, the protest must show or be supported by written evidence that such signers are owners. At the time set for hearing protests, or at any time to which the hearing may be continued, the Council shall proceed to hear and pass upon all protests so made, and its decision sliall be final and conclusive. At the conclusion of these hearings the Council shall tabulate the assessment ballots submitted, and not withdrawn, in support or opposition to the proposed assessment. The Council shall not impose the assessment if there is a majority protest. A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in its favor. The assessment ballots are weighed by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. Upon adoption of the tabulated assessment ballots the Council may confirm, amend, alter, modify or correct the assessment or diagram or abandon the proposed assessments in such manner as to it shall seem just.

14 Section 10. After the adoption of this ordinance, notice of its adoption and of the hearing of protests and of assessments and ballots shall be given as follows: A. The Board of Public Works shall cause notice to be published in a newspaper, in compliance with Section of said Code. B. The City Clerk shall mail notices and assessment ballots to the owners of real property within the assessment district, in compliance with Section of the Los Angeles Administrative Code and Sections 53750,53753, of the California Government Code and Proposition 218 (Articles XIII D and XIII C of the California Constitution). Section 11. The proposed improvements are hereby referred to the City Engineer, and said City Engineer is hereby directed to make and file with the Clerk of said City a report in writing. The presented and filed detailed engineer's report is pursuant to the requirement of Article XIII D, Section 4(b) of the California Constitution. Section 12. If the Council confirms the initial assessment, and by ordinance orders the maintenance work, the Board of Public Works shall thereafter in each year estimate the cost of the maintenance work to be assessed for the ensuing year and file its report with the City Clerk, as required by Section of said Code, which shall include, among other things, the total estimated costs of maintenance district for the ensuing year. Thereafter, the Council may adopt such report and shall fix a time and place for the hearing on the confirmation of ihe proposed assessments and shaii hold such hearing, after notice given as provided in said Code; the Council shall hear and pass upon protests, if any, and may confirm the assessments. Section 13. The assessments levied pursuant to this ordinance shall be payable to and collected by the Los Angeles County Tax Collector, along with the general taxes collected, when paid to the City, shall be placed in the City Treasury in a special fund and used as provided in said Code. Section 14. For each year following the first yeai of the assessment, the amounts of the assessments designated in the assessment roll may be increased annually, without further notice or ballot, by no more than the annual Consumer Price Index (CPI) for Los Angcles-Anaheim-Riverside CA, provided by the U.S. Dept, Of Labor (Bureau of Labor Statistics), or 3% which ever is less. Section 15. The Council, in contemplating and declaring its intention to order the maintenance work herein described, elects to proceed under the provisions of the Sidewalk and Tree Maintenance Ordinance of 1972, being Section through of the Los Angeles Administrative Code.

15 Section 16- The City Clerk shall certify to the passage of this ordinance and cause it to be published once in a daily newspaper published and circulated in the City of Los Angeles. I hereby certify that the foregoing ordinance was adopted by Council of the City of Los Angeles at its meeting of JUl J. MICHAEL CAREY, City Clerk dul ' Approved Deputy Approved as to Form and Legality JUN 2 S HA1 'itv Attorney Council File No W.O. E

16 r V WILSHIRE MIRACLE MILE MAINTENANCE DISTRICT W.O. E V. \ T» i' % =ir,: MEDIAN NO. REFERENCED IN CHECK UST MAINTENANCE DISTRICT BOUNDRY V ATTACHMENT A RFP201O-Wilshire Page 46 9/15/2010 3:24:55 PM