City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Closed Session - 5:45 p.m.
Study Session - 6:30 p.m.
General Session - 7:00 p.m.
Tuesday, April 16, 2024, 7:00 PM
COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
Christine Marick, Mayor Blair Stewart, Mayor Pro Tem Cecilia Hupp, Council Member Marty Simonoff, Council Member Steven Vargas, Council Member This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.
Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda.
The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. Please silence all cell phones and other electronic equipment while the Council is in session. Thank you.
Written comments may be submitted in advance of the meeting by emailing [email protected]. Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record of the meeting.
Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.net. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
1: CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 5:45 P.M. 1A. Call to Order/Roll Call
1B. Public Comment
1C. Conference with City's Labor Negotiator Pursuant to Government Code 54957.6 Regarding the Brea Fire Association
1D. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation.
Initiation of Litigation: 1 potential case.
2: STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:30 P.M. 2A. Call to Order/Roll Call
2B. Public Comment
2C. Clarify Regular Meeting Topics
2D. Street Sweeping Program Enforcement
2E. Council Member Reports/Requests
3: GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 3A. Call to Order/Roll Call
3B. Pledge of Allegiance
3C. Invocation
3D. Report - Prior Study Session
3E. Community Announcements
3F. Matters from the Audience
3G. Response to Public Inquiries
4: ADMINISTRATIVE ITEMS
This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience." 4A. Street Sweeping Program Enforcement
— Receive and File.
5: CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience."
5A. April 2, 2024 City Council Regular Meeting Mintues
— 1. Approve.
5B. Amendment No. 1 to the Agreement for Control and Use of Funds of the Hillside Open Space Education Coalition (HOSEC)
— 1. Approve Amendment No. 1 to the 2004 Agreement for Control and Use of Funds to Support the Efforts of Hillside Open Space Education Coalition (HOSEC) to transfer administrative and fiscal duties from the City of Brea to the City of Whittier and make minor adjustments to HOSEC’s operational procedures. — 2. Authorize City Manager, or his designee, to execute Amendment No. 1 and take all actions necessary to implement and administer the terms of the amendment. There is no fiscal impact to the General Fund. 5C. Award a Contract to Insight Analytics for Police Department's BSCC ORT Grant Evaluation Services — 1. Award a contract to Insight Analytics (Cynthia Haebe, Sole Proprietor) with a not-to-exceed amount of $75,000 to provide Grant Evaluator services for the Police Department's BSCC ORT grant; and — 2. Authorize the City Manager to execute the agreement. Because of the delay in hiring the Crime Analyst and IT Specialist, the Police Department will be able to transfer funds within the current operating budget, and the entire contract amount of $75,000 would be fully grant reimbursed through the Organized Retail Theft Grant Fund (234). No additional appropriation is needed. 5D. Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 — 1. Receive and approve the Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 and adopt Resolutions No. 2024-021 - 2024-027 to set a Public Hearing for each District on June 18, 2024, at 7:00 p.m. There is no fiscal impact to the General Fund. 5E. Resolution to Adopt Amended Executive Compensation Plan — 1. Adopt Resolution No. 2024-028, approving a comprehensive Executive Compensation Plan in order to comply with CalPERS Reportable Compensation Regulations and superseding Resolution No. 92-124 and all 24 amendments effective the pay period that includes April 13, 2024. There is no fiscal impact to the General Fund.
5F. Ambulance Transport Billing Contract
— 1. Approve the professional service agreement with Wittman Enterprises, LLC for Ambulance Transport Billing Services;
— 2. Authorize the City Manager to execute the agreement; and — 3. Amend the City’s Fiscal Year 2023-25 Operating Budget to appropriate $150,000 annually from the City’s Paramedic Services Fund (174) for Ambulance Billing Services. 5G. Monthly Report of Investments for the City of Brea for Period Ended March 31, 2024 — 1. Receive and file.
5H. March 29 and April 5, 2024 City Disbursement Registers — 1. Receive and file.
6: CITY/SUCCESSOR AGENCY - CONSENT
6A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended March 31, 2024
— 1. Receive and file.
7: ADMINISTRATIVE ANNOUNCEMENTS
7A. City Manager
7B. City Attorney
7C. Council Requests
8: COUNCIL ANNOUNCEMENTS
8A. Council Announcements
9: ADJOURNMENT
9A. Meeting Adjournment
Date Posted: April 11, 2024
City of Brea
City Council Regular Meeting Communication
Street Sweeping Program Enforcement
Meeting
Tuesday, April 16, 2024, 7:00 PM
Agenda Group
STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR -
6:30 P.M.
Item:
2D
Attachments
4.16.24 Brea Street Sweeping Program.pdf
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared By: Matthew Cuevas, Senior Management Analyst
Concurrence: Michael Ho. P.E., Director of Public Works Street Sweeping Program Enforcement
April 16, 2024 1
City Council Study Session
• Background
• Review of Prior Data
• Review Options
• Implementation/Outreach
• Recommendations
Overview
April 16, 2024 2
Background
April 16, 2024 3
• Survey results presented
• CC directed staff to continue observations &
return after start of school to assess parking
impacts
April 6, 2021
• Presented option to sweep alternate sides of
street in certain areas
• CC directed staff to survey residents in
affected areas
September 15, 2020
• CC directed staff to terminate Pilot Program
• Continue sweeping 2x month/no enforcement
• Explore hiring new Parking Control Officer
(PCO)
October 19, 2021
Today
• Pilot Program commenced
• Street sweep 2x month/no enforcement
March 4, 2019
Original Pilot Term Initial Extended Pilot Term Continued Pilot Term After School Resumed March 2019 – March 2020 April 2020 – September 2020 October 2020 – September 2021 August 2021 – September 2021 • Avg. 265 daily
• Avg. 4,017 monthly
• Avg. 510 daily
• Avg. 7,751 monthly
• Avg. 425 daily
• Avg. 6,585 monthly
• Avg. 410 daily
• Avg. 6,176 monthly
Data (Parked Cars)
April 16, 2024 4
• Data from 2019 city-wide survey and complaints from 2019 to April 2021 • 100 complaints received
• 74% within first year (pre-COVID)
• 46% enforcement only
• 25% frequency only
• 12% both enforcement & frequency
• 58% of all complaints mentioned enforcement
• From 2022 to present
• Additional 20 complaints – enforcement & cleanliness
• Weekly questions when enforcement will resume
Data (Complaints)
April 16, 2024 5
• Continue street sweeping 2x month and begin conducting enforcement • Enforcement from 8:00 AM to 2:00 PM, Monday through Thursday • Estimated cost of $57,000 for part-time PCO & equipment • Revenues from citations may offset portion of cost
• Enforcement commence upon hiring PCO
• Internal PCO hire – July 2024 to September 2024; Enforcement October 2024 • External PCO hire – October 2024 to December 2024; Enforcement January 2025 Recommended Option
April 16, 2024 6
• Continue sweeping 2x a month without enforcement
• Resident inquiries & complaints continue
• Aesthetics & cleanliness, portions of street upswept due to parked vehicles Alternative Option
April 16, 2024 7
• Letter to residents in advance of enforcement date
• Utility bill inserts
• Brea Line, website and social media
• Chamber announcements & all Commission/Committee meetings • Community reader board
• Enforcement “grace period” for 3 months
• Internal PCO hire – July 2024 to September 2024; Enforcement October 2024 • External PCO hire – October 2024 to December 2024; Enforcement January 2025 • Issue warnings during grace period.
Implementation/Outreach
April 16, 2024 8
• Continue current street sweeping schedule and begin enforcement • Enforcement date contingent on hiring of PCO
• Internal PCO hire – July 2024 to September 2024; Enforcement October 2024 • External PCO hire – October 2024 to December 2024; Enforcement January 2025 Recommended Action
April 16, 2024 9
City of Brea
City Council Regular Meeting Communication
Street Sweeping Program Enforcement
Meeting
Tuesday, April 16, 2024, 7:00 PM
Agenda Group
ADMINISTRATIVE ITEMS Item: 4A
FROM
Bill Gallardo, City Manager
Attachments
4.16.24 Brea Street Sweeping Program.pdf
RECOMMENDATION
Review recommended and alternative options for street sweeping enforcement and provide direction.
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
There is a potential fiscal impact to the General Fund depending on Council's direction.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Matthew Cuevas, Senior Management Analyst
Concurrence: Michael Ho, Public Works Director
Street Sweeping Program Enforcement
April 16, 2024 1
City Council Study Session
• Background
• Review of Prior Data
• Review Options
• Implementation/Outreach
• Recommendations
Overview
April 16, 2024 2
Background
April 16, 2024 3
• Survey results presented
• CC directed staff to continue observations &
return after start of school to assess parking
impacts
April 6, 2021
• Presented option to sweep alternate sides of
street in certain areas
• CC directed staff to survey residents in
affected areas
September 15, 2020
• CC directed staff to terminate Pilot Program
• Continue sweeping 2x month/no enforcement
• Explore hiring new Parking Control Officer
(PCO)
October 19, 2021
Today
• Pilot Program commenced
• Street sweep 2x month/no enforcement
March 4, 2019
Original Pilot Term Initial Extended Pilot Term Continued Pilot Term After School Resumed March 2019 – March 2020 April 2020 – September 2020 October 2020 – September 2021 August 2021 – September 2021 • Avg. 265 daily
• Avg. 4,017 monthly
• Avg. 510 daily
• Avg. 7,751 monthly
• Avg. 425 daily
• Avg. 6,585 monthly
• Avg. 410 daily
• Avg. 6,176 monthly
Data (Parked Cars)
April 16, 2024 4
• Data from 2019 city-wide survey and complaints from 2019 to April 2021 • 100 complaints received
• 74% within first year (pre-COVID)
• 46% enforcement only
• 25% frequency only
• 12% both enforcement & frequency
• 58% of all complaints mentioned enforcement
• From 2022 to present
• Additional 20 complaints – enforcement & cleanliness
• Weekly questions when enforcement will resume
Data (Complaints)
April 16, 2024 5
• Continue street sweeping 2x month and begin conducting enforcement • Enforcement from 8:00 AM to 2:00 PM, Monday through Thursday • Estimated cost of $57,000 for part-time PCO & equipment • Revenues from citations may offset portion of cost
• Enforcement commence upon hiring PCO
• Internal PCO hire – July 2024 to September 2024; Enforcement October 2024 • External PCO hire – October 2024 to December 2024; Enforcement January 2025 Recommended Option
April 16, 2024 6
• Continue sweeping 2x a month without enforcement
• Resident inquiries & complaints continue
• Aesthetics & cleanliness, portions of street upswept due to parked vehicles Alternative Option
April 16, 2024 7
• Letter to residents in advance of enforcement date
• Utility bill inserts
• Brea Line, website and social media
• Chamber announcements & all Commission/Committee meetings • Community reader board
• Enforcement “grace period” for 3 months
• Internal PCO hire – July 2024 to September 2024; Enforcement October 2024 • External PCO hire – October 2024 to December 2024; Enforcement January 2025 • Issue warnings during grace period.
Implementation/Outreach
April 16, 2024 8
• Continue current street sweeping schedule and begin enforcement • Enforcement date contingent on hiring of PCO
• Internal PCO hire – July 2024 to September 2024; Enforcement October 2024 • External PCO hire – October 2024 to December 2024; Enforcement January 2025 Recommended Action
April 16, 2024 9
City of Brea
City Council Regular Meeting Communication
April 2, 2024 City Council Regular Meeting Mintues
Meeting
Tuesday, April 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5A
FROM
Bill Gallardo, City Manager
Attachments
04-02-2024 Draft Minutes.pdf
RECOMMENDATION
Approve.
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Lillian Harris-Neal, City Clerk
1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:15 P.M. 1A. CALL TO ORDER/ROLL CALL
Mayor Marick called the Closed Session to order at 6:15 p.m. All members were present, with Council Member Simonoff absent.
1B. PUBLIC COMMENTNone.
1C. Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Fire Association (BFA) - Bill Gallardo, Negotiator1D. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property:
Railroad Corridor Between Palm Street and Berry Channel City of Brea Negotiator: Public Works Director Michael Ho Negotiating Party: Union Pacific Railroad Company Under Negotiation: Price and Terms of PaymentMayor Marick adjourned the Closed Session at 6:53 p.m.
2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 2A. Call to Order/Roll Call
Mayor Marick called the General Session to order at 7:03 p.m., all members were present, with Council Member Simonoff absent.
2B. Pledge of Allegiance: Boy Scout Troop 707
** The following document is a draft of the minutes and the not the official approved minutes ** Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
April 2, 2024, 7:03 PM - April 2, 2024, 7:25 PM
Roll Call: (The following members were in attendance)
Christine Marick, Mayor
Blair Stewart, Mayor Pro Tem
Cecilia Hupp, Council Member
Steve Vargas, Council Member
Absent:
Marty Simonoff, Council Member
Boy Scout Troop 707 led the Pledge of Allegiance.
2C. Invocation: Pastor David Tebay, Calvary Community Church Pastor David Tebay, Calvary Community Church, delivered the Invocation. 2D. Presentation: Business of the Quarter
The City Council displayed a video presentation of the Business of the Quarter, recognizing Brea Auto Body. 2E. Community Announcements
Council Member Vargas announced that applications for the Volunteen Program are now open. The Volunteen program is for high school students entering the 9th through 11th grade, as of fall 2024. The application period closes on April 25th. To sign-up, please visit the City of Brea website.
Council Member Hupp announced that the City of Brea recently began its Focused General Plan Update including preparation of a new Brea Core Specific Plan. The first step in the process is to conduct robust community outreach activities, such as public workshops, pop-up events, online surveys, announcements, and Community Steering Committee meetings. The community is encouraged to participate in these events to share their thoughts and help guide the City to accurately reflect the vision of the entire community. To be considered for the Community Steering Committee, you must complete and submit an application by Tuesday, April 23rd at 5:00 p.m. For more information, please visit the City website.
Mayor Pro Tem Stewart announced that the City of Brea’s Special Events Division will be hosting its annual Pet Expo on Saturday, April 6th from 9 a.m. to 3 p.m. at the Brea Community Center. There is a chance to adopt a new member to their family and there will be K-9 demonstrations by Brea Police Department and Anaheim Police Department. For more information, please visit the City website.
Mayor Marick invited residents to join the City of Brea to officially kick off the long-awaited Arovista Park Modernization project on Friday, April 19th at 3:00 p.m. at Arovista Park (across from the Brea Senior Center).
The City is adding the first all-accessible playground in North Orange County which will provide an opportunity for children and adults of all ages and all abilities to have a safe space to play and enjoy the outdoors. Other amenities included in this phase are four new pickleball courts, upgraded basketball and volleyball courts, new restroom facilities, new outdoor events space, resurfaced parking lot and new EV Charging stations, and upgraded Tracks at Brea Trailhead. For more information, please visit the City website. 2F. Matters from the Audience
Craig Farris invited residents to the 100th anniversary baseball game on October 6th at the Brea Sports Park.
Alise Chu from the Brea Olinda High School Robotics Team noted that the team won a blue banner in the First Robotics Orange County Regional Competition and asked residents to donate funds to assist the team with accommodations to compete in the world championships in Houston Texas.
Sean Thomas urged Council to recognize Sister City Lagos de Moreno during Cinco de Mayo and he expressed concern about coyotes in the City.
Keith Fullington expressed concern about coyotes, stated that there is loss of businesses in the downtown area, and urged Council to have more City sponsored events in downtown Brea. 2G. Response to Public Inquiries
None.
3. CONSENT CALENDAR
Motion was made by Council Member Hupp and seconded by Mayor Pro Tem Stewart to approve City Consent Items 3A - 3H. Motion passed 4-0-1, with Council Member Simonoff absent. 3A. March 19, 2024 City Council Regular Meeting Minutes The City Council approved the March 19, 2024 City Council Regular Meeting Minutes. 3B. Second Reading and Adoption of Ordinance No. 1249 entitled, "An Ordinance of the City Council of the City of Brea Establishing Sewer Impact Fees for Certain New Developments within the City of Brea, and Approving a CEQA Exemption Determination"
The City Council adopted Ordinance No. 1249 entitled, "An Ordinance of the City Council of the City of Brea Establishing Sewer Impact Fees for Certain New Developments within the City of Brea, and Approving a CEQA Exemption Determination."
3C. Approve Agreement and Authorize City Manager to Execute Agreement with UniFirst Corporation to Provide Public Works Uniforms and Related Services.
The City Council approved an agreement and authorized the City Manager to Execute Agreement with UniFirst Corporation an amount not-to-exceed $97,500 to Provide Public Works Uniforms and Related Services.
3D. Resolutions Approving Executive Compensation Plan Amendments to Comply with CalPERS Reporting Requirements
The City Council adopted Resolution No. 2024-018 and 2024-019 approving Amendment No. 23 and Amendment No. 24 to Executive Compensation Plan Resolution No. 92.124 approving changes to Executive Compensation Plan to Comply with CalPERS Reportable Compensation Requirements. 3E. Award Annual Pavement Striping Maintenance Contract to Orange County Striping Services, Inc, The City Council awarded Annual Pavement Striping Maintenance Contract in the amount of $209,248.80 to Orange County Striping Services, Inc., and authorized the City Manager to execute the Agreement 3F. Resolution Updating Authorizing Bank Signers and Certain Payment Processes The City Council adopted Resolution No. 2024-020 updating the designated Banking Administrator for the City Operating and Successor Agency bank accounts, authorizing additional bank signer and updating certain payment processes.
3G. Accept a $132,861 California Department of Resources Recycling and Recovery (CalRecycle) Senate Bill 1383 Local Assistance Grant
The City Council accepted a California Department of Resources Recycling and Recovery (CalRecycle) Senate Bill 1383 Local Assistance Grant, in the amount of $132,861, for the two-year grant period beginning April 1, 2024 and ending April 1, 2026.
3H. Outgoing Payment Log and March 15 and 22, 2024 City Disbursement Registers The City Council received and filed the Outgoing Payment Log and March 15 and 22, 2024 City Disbursement Registers.
4. ADMINISTRATIVE ANNOUNCEMENTS
4A. City ManagerNone.
4B. City AttorneyNone.
4C. Council RequestsNone.
5. COUNCIL ANNOUNCEMENTS
5A. Council Announcements
None.
6. ADJOURNMENT
6A. Meeting Adjournment
Mayor Marick adjourned the General Session at 7:25 p.m.
City of Brea
City Council Regular Meeting Communication
Amendment No. 1 to the Agreement for Control and Use of Funds of the Hillside Open Space Education Coalition (HOSEC)
Meeting
Tuesday, April 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5B
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1) Approve Amendment No. 1 to the 2004 Agreement for Control and Use of Funds to Support the Efforts of Hillside Open Space Education Coalition (HOSEC) to transfer administrative and fiscal duties from the City of Brea to the City of Whittier and make minor adjustments to HOSEC’s operational procedures. 2) Authorize City Manager, or his designee, to execute Amendment No. 1 and take all actions necessary to implement and administer the terms of the amendment.
BACKGROUND/DISCUSSION
On February 11, 2004, the City of Brea, the City of La Habra, the City of La Habra Heights, the Hacienda Heights Improvement Association, the Community Association of Rowland Heights, and the City of Whittier met to establish the Hillside Open Space Education Coalition (HOSEC) in response to proposed development in the hillside area surrounding the collective jurisdictions.
On March 15, 2004, HOSEC was established as a multi-agency association through an agreement, committing the City of Brea as responsible for its administrative and fiscal duties. All participating jurisdictions contributed funds for their contribution to the coalition as follows: City of Brea $250,000; City of La Habra $100,000; City of Whittier $100,000; City of La Habra Heights $50,000; Hacienda Heights Improvement Association $1,000, and Community Association of Rowland Heights $1,000. The funds were appropriated to the Hillside Open Space Education Fund (865) within the City of Brea’s financial reporting system. HOSEC funds are reserved for their educational efforts to inform the public of land acquisition for open space and potential developments in hillside areas of concern to HOSEC members. According to the agreement, there are no further funds that need to be deposited into the Hillside Open Space Education Fund (865).
On February 21, 2024, HOSEC proposed Amendment No. 1 to transfer administrative and fiscal duties from the City of Brea to the City of Whittier and to also make minor operational adjustments. Under the new amendment, the City of Brea remains a participating agency, but the City of Whittier assumes all administrative and fiscal duties.
FISCAL IMPACT/SUMMARY
There is no fiscal impact to the General Fund.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Attachments
Amendment No. 1 to HOSEC Agreement.pdf
Prepared by: Joselyn Magaña, Management Analyst
Concurrence: Jason Killebrew, Community Development Director 11222-0001\2872293v2.doc
AMENDMENT NO. 1 TO
AGREEMENT FOR CONTROL AND USE OF
FUNDS TO SUPPORT THE EFFORTS OF THE
HILLSIDE OPEN SPACE EDUCATION COALITION
This Amendment No. 1 (“First Amendment”) to the 2004 Agreement for Control and Use of Funds to Support the Efforts of Hillside Open Space Education Coalition (“Agreement”) executed by the City of Brea, City of La Habra, City of La Habra Heights, City of Whittier, Community Association of Rowland Heights (now called Rowland Heights Community Coordinating Council), and Hacienda Heights Improvement Association (each a “Founder” and collectively the “Founders”) is dated February 21, 2024 for reference purposes.
A. Recitals.
(i) The Founders have joined together as an association commonly referred to as the Hillside Open Space Education Coalition (“HOSEC”) to educate the public concerning potential land acquisition for open space and potential developments in hillside areas of concern. (ii) The Founders executed the Agreement to memorialize their funding contributions to HOSEC and to provide for the City of Brea’s management of HOSEC’s funds. (iii) The Founders desire to amend the Agreement to: (i) memorialize operational procedures for HOSEC; and (ii) transfer responsibility for administrative and fiscal duties for HOSEC from the City of Brea to the City of Whittier.
NOW, THEREFORE, the Founders agree as follows:
B. Agreement.
1. Operational Procedures.
A. HOSEC shall continue to operate through a Steering Committee and an Executive Committee. Steering Committee and Executive Committee meetings shall be held at Whittier City Hall and shall be conducted in compliance with the Ralph M. Brown Act (Government Code Section 54950 et seq.).
B. The Steering Committee is the decision making body for HOSEC. Each Founder may appoint one primary representative to the Steering Committee and may designate an alternate representative who may act on its behalf in the absence of its primary representative.
Each year the Steering Committee shall have one regular meeting at 4:00 p.m. on the 3rd Wednesday of February. The Steering Committee shall hold special meetings as necessary.
C. The Executive Committee is responsible for identifying agenda items for the Steering Committee and for overseeing implementation of Steering Committee decisions.
Each Founder shall appoint one representative to the Executive Committee. Each year the Executive Committee shall have one regular meeting at 3:00 p.m. on the 1st Wednesday of February. The Executive Committee shall hold special meetings as necessary. - 2 of 3 -
2872293.2
2. Administrative Duties. The City of Whittier shall be responsible for preparation and posting of meeting agendas, drafting of correspondence, and performance of other administrative duties for HOSEC.
3. Fiscal Duties. All funds committed to HOSEC shall be managed by the City of Whittier in accordance with the financial reporting management plan set forth in the attached Exhibit A, which is incorporated into the Agreement by reference.
4. Counterparts. This First Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.
Dated: _______________ CITY OF BREA
By: __________________________
Bill Gallardo
City Manager
Dated: _______________ CITY OF LA HABRA
By: ___________________________
Jim Sadro
City Manager
Dated: _______________ CITY OF LA HABRA HEIGHTS
By: ___________________________
Fabiola Huerta
City Manager / City Clerk
Dated: _______________ CITY OF WHITTIER
By: ____________________________
Brian Saeki
City Manager
Dated: _______________ ROWLAND HEIGHTS COMMUNITY
COORDINATING COUNCIL
By: ____________________________
- 3 of 3 -
2872293.2
Dated: _______________ HACIENDA HEIGHTS IMPROVEMENT
ASSOCIATION
By: ____________________________
Phyllis Rokus
President
2872293.2
EXHIBIT A
Hillside Open Space Education Coalition
City of Whittier Financial Reporting Management Plan
The City of Whittier will establish a "Coalition Fund" to receive and manage HOSEC funds titled [HOSEC Coalition. Coalition Funds are not a part of the City of Whittier’s General Fund and are generally referred to as custodial or trust accounts.
Accounting
The Fund will:
■ Account for Revenues
■ Account for Expenditures
■ Allocate interest earnings monthly to HOSEC Coalition and apply based on the fund's month-end cash balance as a percentage of all other funds month-end cash balances.
■ Hold interest earnings within the fund, which earnings shall not be expended or disbursed without prior approval of the Steering Committee of the Hillside Open Space Education Coalition Billing to Coalition
All cities have been be billed for the full amount of their contribution to the Coalition as follows; City of Brea $250,000, City of La Habra $100,000, City of Whittier $100,000, City of Habra Heights $50,000. No further contribution will be required.
Accounts Payable
Payment of invoices will require two Steering Committee member signatures for approval, with no more than one signature from any one of the four agencies. (City of Brea, City of La Habra, City of La Habra Heights or City of Whittier) 2872293.2
Financial Records
The City of Whittier will maintain financial records, including fiscal and internal controls in accordance with generally accepted accounting principles. All information regarding the revenue collection or expenditure of funds is available for review by members of HOSEC. The City of Whittier contact person for such matters is:
[Yung Dang, Senior Accountant and/or Sai Kim, Accounting Manager] City of Brea
City Council Regular Meeting Communication
Award a Contract to Insight Analytics for Police Department's BSCC ORT Grant Evaluation Services Meeting
Tuesday, April 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5C
TO
Honorable Mayor and City Council Members
FROM
Christopher Harvey, Police Lieutenant
RECOMMENDATION
BACKGROUND/DISCUSSION
In October 2023, the Police Department received a grant for organized retail theft (ORT) prevention from the California Board of State and Community Corrections (BSCC). As part of the ORT grant, the Police Department is required to provide various progress reports to the BSCC. The progress reports include a Local Evaluation Plan (LEP) at the start of the grant, Quarterly Progress Reports (QPRs), and a Local Evaluation Report (LER) at the end of the grant. The Police Department was required to budget $75,000 as part of the grant to be spent on data collection and analysis.
The grant funded three positions, including a full time Crime Analyst. The Police Department budgeted the $75,000 into the Crime Analyst position’s salary to handle the reporting requirements - QPR, LEP, and LER. Currently, the Police Department is in the recruitment process for both the Crime Analyst and IT Specialist position which started after the award of the grant funds. Unfortunately, the recruitment process is taking longer than anticipated as there are multiple Citywide job recruitments underway.
Since the department does not currently have the Crime Analyst position to assist with grant reporting requirements, the department evaluated the option of creating the LEP internally. Staff attended training and researched relative grant material provided by BSCC, but soon realized it was beyond the department’s capacity; both because of the time it required and the specialization of a couple of the LEP sections.
As an alternative, the Police Department began searching for a specialist (a Grant Evaluator) to complete this effort, and received three informal proposals – one for $75,000 (Insight Analytics), one for $106,000 (EvalCorp), and one for $266,912 (Cal State Fullerton Office of Grants and Contracts). The Police Department contacted Insight Analytics and Cal State Fullerton to inquire about these services because of services each has given to the City of Brea, and because of their experience with BSCC grants. Each of the proposals included completion of the LEP, consultation on the QPRs, and completion of the LER at the end of the grant. The Cal State Fullerton proposal also included a number of academic research activities that went well beyond the requirements of the grant.
Because of the time constraints, Police Department staff would like to waive the formal bidding requirements and enter into a contract with Insight Analytics for a not-to-exceed amount of $75,000. Aside from being the lowest priced informal proposal, Insight Analytics already works as a contracted Crime Analyst for some specific Police Department projects, has extensive experience in similar grant management with other police agencies, and already has remote access to Police Department databases that would be required for ongoing grant reporting.
Award a contract to Insight Analytics (Cynthia Haebe, Sole Proprietor) with a not-to-exceed amount of $75,000 to provide Grant Evaluator services for the Police Department's BSCC ORT grant; and Authorize the City Manager to execute the agreement.
Attachments
Cover BSCC BPD HAEBE.pdf
BREA PD ORT DATA COLLECTION_ANALYSIS_REPORTING_HAEBE.pdf Draft Agreement_Cynthia Haebe (1).pdf
Insight Analytics has also proposed, as part of the agreement, to create a dashboard to automate tracking and collection of statistics related to grant reporting. These automations could be used well beyond the grant period to measure the ongoing effectiveness of the Integrated Crime Center. These services were not included as part of the other two informal proposals.
If approved, Insight Analytics would be able to complete the LEP well ahead of the May 13, 2024 due date.
The BSCC has approved the Brea Police Department’s request to modify our grant award to accommodate this change.
COMMISSION/COMMITTEE RECOMMENDATION
This Staff Report was reviewed by the Finance Committee on April 9, 2024 and recommended for approval.
SUMMARY/FISCAL IMPACT
Because of the delay in hiring the Crime Analyst and IT Specialist, the Police Department will be able to transfer funds within the current operating budget, and the entire contract amount of $75,000 would be fully grant reimbursed through the Organized Retail Theft Grant Fund (234). No additional appropriation is needed.
RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Lieutenant Christopher Harvey
Concurrence: Adam Hawley, Chief of Police
Insight Analytics ID
Cynthia Haebe
1201 E. Shenandoah Court – Boise, Idaho 83712
[email protected] – 208.912.4798
March 28, 2024
City of Brea Police Department
1 Civic Center Circle
Brea, CA 92821
Dear City of Brea,
I am pleased to submit a proposal offering data collection, analysis, and grant reporting services to support the City of Brea Police Department's initiatives against Organized Retail Theft (ORT), motor vehicle theft, theft of vehicle parts, and cargo theft, all through the innovative use of hightechnology tools. With nearly three decades of experience managing federal grants, over twenty years managing state grants, and a proven track record in successfully writing, submitting, and procuring grants, I am eager to apply my expertise in assistance to the department. My role will entail the collection and analysis of data pertinent to the department's prevention efforts, facilitating a comprehensive understanding and improved decision-making as the grant period progresses.
Additionally, I will ensure the creation and submission of all necessary reports comply with BSCC Guidelines.
My proposal outlines a comprehensive approach to addressing the challenges and requirements of the ORT Prevention Grant Program, drawing on my extensive expertise in the following areas:
Experience with the Department's Records Management System: My direct experience in utilizing the department's records management system enables me to efficiently manage and accurately report data, a crucial aspect of the program’s success.
Expertise in SAP Crystal Reports: I possess advanced skills in SAP Crystal Reports, essential for extracting, creating, managing, and delivering reports. This expertise is vital for the detailed analysis and evaluation required by the program.
Utilization of Custom Dashboards: I plan to leverage custom dashboards to expedite data analysis and enhance decision-making processes. My track record includes creating multiple interactive dashboards for surrounding agencies, including Brea, which have been instrumental in streamlining data visualization and analysis. This approach will ensure timely and effective program management and outcomes.
Focused Analysis on Organized Retail Theft: My background as a crime analyst, specifically addressing organized retail theft in Brea, equips me with a nuanced understanding of ORT cases.
This experience is invaluable for developing measurement tools for evaluating prevention and intervention strategies.
Deep Understanding of the Brea Community: Having dedicated over 10 years to working within the Brea community, I offer a unique perspective on its local culture and dynamics. This deep understanding is crucial for crafting tools that accurately assess the effectiveness of ORT prevention efforts, ensuring they align with community values and thus significantly enhance the program’s impact.
By incorporating these elements, I am confident in my ability to offer a unique and effective solution that will not only meet the demands of the ORT Prevention Grant Program but also exceed its objectives, contributing significantly to the safety and well-being of the Brea community.
I look forward to the opportunity to discuss this proposal in greater detail and explore how we can collaborate effectively. Thank you for considering my submission; I am genuinely excited about the prospect of contributing to the City of Brea Police Department's critical efforts.
Thank you,
Cynthia Haebe
Insight Analytics ID
Proposal for Comprehensive Data Collection, Analysis, and Reporting Services:
The Brea Organized Retail Theft Prevention Project
Service Provider: Cynthia Haebe, Insight Analytics UEI (Sam.gov) DRXLP89ASPK8 Project Duration: October 1, 2023 – December 31, 2026
Funding Duration: April 2024 – June 2027
Executive Summary
This proposal outlines the services offered by Insight Analytics to support the Brea Organized Retail Theft Prevention Project. Under the expertise of Cynthia Haebe, we propose a suite of services including the development of a Local Evaluation Plan (LEP), comprehensive data collection and management, Quarterly Progress Reports (QPR), and a final Local Evaluation Report (LER). Our approach is designed to ensure the project's success through meticulous data analysis and reporting.
Introduction
Insight Analytics brings over thirty years of crime analysis, grant management, and a deep familiarity with advanced reporting systems like Spillman and SAP Crystal Reports. Our services are tailored to enhance the project's data collection, analysis, and reporting capabilities, contributing significantly to its objectives.
Project Understanding
Insight Analytics recognizes the critical need for detailed data analysis and strategic evaluation to address organized retail theft. Our proposal is designed to meet the Brea project's specific requirements, leveraging our extensive experience to deliver high-quality, actionable insights.
Deliverables
Local Evaluation Plan (LEP) Development: Creation of a detailed LEP to guide the project's evaluation strategy, ensuring a systematic approach to monitoring and assessing the project's impact and effectiveness. The LEP will include but not be limited to the following components:
1. Project Background: A comprehensive overview detailing the need for the project, historical context within the community, a description of proposed activities and services, and a comparison with similar regional efforts. This section will:
• Define the target area/population, including demographics and risk factors.
• Establish criteria for participant eligibility and the process for service/intervention determination.
• Outline coordination or collaboration processes with other entities, such as law enforcement, community organizations, and retailers.
2. Process Evaluation Method and Design: This segment will lay out the plan for documenting the project's implementation, tracking progress, and assessing the fidelity of the interventions. Key elements include:
• A description of the research design for the process evaluation. • Documentation strategies for activities and services provided. • Methods for tracking participant and activity progress, including baseline and change over time.
• Identification of process variables, their measurement tools, data collection sources, and the frequency of data collection.
3. Outcome Evaluation Method and Design: An outline of the approach for determining the project's success in achieving its desired impacts, with a focus on measurable outcomes. This section will cover:
• The research design for outcome evaluation, possibly including pre-/posttests, mixed methods, or comparison groups. • A detailed set of evaluation questions that align with the project’s goals and objectives.
• Definitions of outcome variables, measurement tools, data sources, and data collection timing.
4. Project Logic Model: Development of a visual representation illustrating the logical relationships between project inputs, activities, outputs, outcomes, and impacts. This model will serve as a blueprint for the evaluation process, ensuring alignment between project resources and objectives.
• Data Collection and Management Services: A comprehensive approach to ensure accurate data capture and analysis, including staff training, standardized procedures, and interactive dashboard development.
• Quarterly Progress Reports (QPR): Regular, detailed reports documenting the project's progress, challenges, and achievements.
Local Evaluation Report (LER) Development: Compilation of a comprehensive LER based on the original LEP, documenting the project's success in achieving its goals and objectives. The LER will encapsulate the following key components:
1. Executive Summary: A concise overview presenting the project’s purpose, achievements, key findings, and conclusions, including:
• Summary of project goals and the extent to which they were achieved. • Key project accomplishments and strategic outcomes.
• Conclusive remarks on the project's impact and effectiveness.
2. Project Background: Detailed context for the project, providing essential background information and the foundation for the project's initiatives. This section will cover:
• Historical context and necessity of the project within the community. • Definition of the target population, including demographics and risk factors. • Outline of project goals and specific, measurable objectives as identified in the Project Work Plan.
3. Process Evaluation Method and Design: An in-depth account of the methodology employed for process evaluation, detailing:
• The research design and documentation strategies for project activities and services.
• Mechanisms for tracking participant progress and activity achievements. • Comprehensive definitions and measurements of process variables.
4. Outcome Evaluation Method and Design: Elaboration on the strategy and findings of the outcome evaluation, including:
• The research design and evaluation questions that guided the outcome assessment.
• Detailed description of outcome variables, measurement tools, and data sources.
• Analysis techniques utilized for both quantitative and qualitative data.
5. Evaluation Results: A section dedicated to presenting the results of the project evaluation, comprising:
• Data and insights from the process evaluation, including any adjustments made to the project.
• A tally of activities/services provided and their respective outcomes. • Assessment of progress towards the project's goals and objectives, including factors that influenced outcomes.
6. Discussion of Results: An evaluative discussion on the effectiveness of the project’s strategies and recommendations for future projects. This will include:
• Analysis of different strategies' effectiveness within the project. • Recommendations and guidance based on project findings.
7. A Current Logic Model: The provision of an updated visual representation of the project, showing the logical relationships between inputs, activities, outputs, outcomes, and impacts.
8. Grantee Highlight: A visually appealing one-page highlight or success story from the project, potentially including graphs, charts, or photos to illustrate the project’s success over the grant cycle.
9. Appendices: A compilation of supplementary materials relevant to the project evaluation, such as data collection instruments, detailed descriptions of interventions, and training materials.
Enhanced Value Services
Development of custom interactive dashboards, direct data management, and comprehensive training materials to optimize the project's efficiency and impact.
Timeline
• Planning and Initial Development: April - December 2024 overlapping with; • First Year Implementation and Reporting: April 2024 - December 2024 • Second Year Review and Adjustments: January 2025 - December 2025 • Final Year Implementation and LER Preparation: January 2026 - December 2026 • Project Completion and Final Reporting: June 2027
Pricing and Recommended Payment Schedule
The total cost for the comprehensive data collection, analysis, and reporting services for the Brea Organized Retail Theft Prevention Project is $75,000. This investment covers all the deliverables and services outlined in this proposal, ensuring the project's success from start to finish. The recommended payment schedule is as follows:
• Initial Deposit: 20% upon contract signing.
• Payment Amount: $15,000
• After Second Quarterly Report (Q2 2024): 25%.
• Payment Amount: $18,750
• Mid-Project (End of Year 2): 25%.
• Payment Amount: $18,750
• Project Completion (End of Year 3): 30%.
• Payment Amount: $22,500
Unique Qualifications
Cynthia Haebe's extensive experience in crime analysis and her ability to leverage advanced technology and databases position Insight Analytics as a leading provider of reporting and analytics services for the Brea ORT Prevention Project. This expertise uniquely qualifies us to deliver unparalleled insights and results, making a significant impact on combating retail theft.
Closing Statement
Insight Analytics is committed to delivering state-of-the-art services that will significantly contribute to the success of the Brea ORT Prevention Project. With Cynthia Haebe's leadership and expertise, we are poised to meet and exceed the project's goals.
Cynthia Haebe
3/28/24
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated April 16, 2024 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and Cynthia Haebe an Individual/Sole Proprietor (“Contractor”).
RECITALS
A. City desires to retain Contractor as an independent contractor to provide the following professional services: Comprehensive Data Collection, Analysis, and Reporting Services for the Brea Organized Retail Theft Prevention Project within the Police Services Department.
B. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Scope of Services.
Contractor shall perform the services referenced in the Recitals, and more specifically described in the Scope of Services set forth in the attached hereto as Exhibit “A”, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).
2. Compensation.
A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Attachment 1 to Exhibit A hereto.
B. In no event shall the total amount paid for the Services over the term of this Agreement exceed the all-inclusive sum of $75,000.00 (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Contractor in performing the Services. Contractor shall be deemed to have made all inquiries and site inspections deemed necessary by Contractor prior to execution of this Agreement.
C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Contractor’s invoices shall indicate the amount of time spent on each task and the applicable rate.
D. Unless the Fee Schedule calls for payment on a different schedule, Contractor shall invoice City on a monthly basis.
3. Contingency Work.
PROFESSIONAL SERVICES AGREEMENT
This Agreement does not include any contingency or additional work. Any additional work performed by Contractor without a written amendment or approval of the City shall be deemed to be work included within the Scope of Services.
4. Term.
The term of this Agreement shall commence on April 17, 2024 (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire upon satisfactory completion of the Services.
5. Time of Performance.
A. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and agreed upon schedules and deadlines agreed upon in writing. Contractor shall commence performance within two business days of receiving City’s written notice to proceed.
B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Contractor’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.
C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
6. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Contractor and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.
7. Standard of Care.
Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.
PROFESSIONAL SERVICES AGREEMENT
8. Compliance with Law.
A. Contractor shall comply with all applicable laws including Cal/OSHA requirements.
B. Contractor shall obtain a City of Brea business license.
9. Assignment and Subcontracting.
A. Contractor shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Contractor’s utilization of subcontractors identified in Contractor’s proposal for the Services.
B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement.
Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.
C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Contractor. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.
10. Independent Contractor.
A. Contractor is retained as an independent contractor and is not an employee of City. No employee or agent of Contractor is or shall become an employee of City.
B. Contractor will determine the means, methods, and details by which Contractor’s personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
C. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City.
Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform the Services.
Contractor shall perform the Services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services.
D. Contractor shall be responsible for and pay all wages, salaries, benefits and other
PROFESSIONAL SERVICES AGREEMENT
amounts due to Contractor’s personnel in connection with the Services. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Contractor and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.
11. PERS Compliance.
The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Services, Contractor shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
12. Insurance.
Unless otherwise permitted or waived in writing by City’s Risk Manager, Contractor shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
A. Commercial General Liability
i. Contractor shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
PROFESSIONAL SERVICES AGREEMENT
iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Contractors Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.
B. Automobile Liability
i. Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City.
ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
iii. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds.
iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.
C. Workers’ Compensation/Employer’s Liability
PROFESSIONAL SERVICES AGREEMENT
i. Contractor certifies that Contractor is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.
D. Professional Liability (Errors and Omissions)
Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Contractor in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
E. Cyber Liability
If Cyber Liability is included in the Minimum Policy Limits Required below, then Contractor shall maintain cyber liability insurance providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data (as defined below); (ii) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of City Data.
F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:
PROFESSIONAL SERVICES AGREEMENT
If ☒, then required Combined Single Limit
☒Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
☐Automobile Liability $2,000,000 per occurrence (any auto) for bodily injury and property damage
☒Workers’ Compensation In the amount required by California law ☒Employer’s Liability $1,000,000 per occurrence
☒Professional Liability $2,000,000 per claim and aggregate (errors and omissions) ☐Cyber Liability $2,000,000 per occurrence
iii. Defense costs shall be payable in addition to the limits. iv. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Contractor shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements.
All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
H. Policy Provisions Required
i. Contractor shall provide City at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that Contractor shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Contractor shall deliver renewal certificate(s) including the required additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration.
PROFESSIONAL SERVICES AGREEMENT
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Contractor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.
I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Agreement, including the provisions concerning indemnification.
ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may terminate this Agreement for cause.
iii. City may require Contractor to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement.
PROFESSIONAL SERVICES AGREEMENT
v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater.
Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.
J. Subcontractor Insurance Requirements
Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement providing the same coverage. If requested by Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors.
13. Indemnification.
A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, and destruction, or unauthorized access to, use, and/or theft of City Data (collectively, “Claims”) in any manner and to the extent arising out of, pertaining to, or incidental to any act, error, omission, or willful misconduct of Contractor, its owners, officials, officers, employees, servants, subcontractors, consultants or agents (and/or any entity or individual for whom Contractor shall bear legal liability) in connection with the performance of the Services including the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses actually incurred in connection with such defense. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, or by City or any of the other Indemnitees. Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active negligence of any of the Indemnitees.
B. Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees, from and against any and all Claims, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful
PROFESSIONAL SERVICES AGREEMENT
misconduct of Contractor, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (and/or any entity or individual for whom Contractor shall bear legal liability) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs, actually incurred in connection with such defense.
C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
14. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. Contractor must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any lawsuit against City.
15. Termination.
A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days’ written notice to Contractor. In such event, City shall be immediately given title to and possession of all Work Product (as defined) below and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Contractor is not then in breach, City shall pay Contractor for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.
B. Contractor may terminate this Agreement only for cause and by serving written notice of termination to City, provided Contractor has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.
16. Ownership of Work Product.
A. All draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the
PROFESSIONAL SERVICES AGREEMENT
performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made, provided that any such use shall be at City’s sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16.
B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above.
C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor’s default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
17. Data Security.
A. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor’s performance of the Services. Except where subject to a third party’s intellectual property rights, any and all City Data is solely owned by City.
Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own
PROFESSIONAL SERVICES AGREEMENT
confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information.
B. To the extent any City Data consists of personal information as defined in Consumer Privacy Act (Civil Code Section 1798.100 et seq.), Contractor shall comply with that statute and with Civil Code Section 1798.80, et seq., including providing the required notifications in the event of any unauthorized access of personal information stored, maintained, accessed, used or transmitted by Contractor in connection with this Agreement. Notwithstanding the foregoing, Contractor shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City Data. Thereafter, Contractor shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access.
C. Contractor shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative.
18. Party Representatives.
A. Contractor hereby designates Cynthia Haebe or such person’s designee, as Contractor’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.
B. City hereby designates Adam Hawley, Police Chief or such person’s designee, as the City Representative for this Agreement.
C. The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.
19. Notices.
Any notices, invoices, or other documents related to this Agreement shall be deemed received on: (a) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party’s regular business hours; or (c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.
PROFESSIONAL SERVICES AGREEMENT
City Contractor
City of Brea Cynthia Haebe
1 Civic Center Circle 1201 E Shenandoah Ct.
Brea, CA 92821 Boise, ID 83712
United States United States
Adam Hawley, Police Chief Cynthia Haebe
[email protected] [email protected]
(714) 990-7634 (208) 912-4798
20. Third Party Rights.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor.
21. Conflicts of Interest.
A. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
B. Contractor further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed.
Contractor has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Contractor in connection with the performance of the Services, to assist City in affirming compliance with this Section.
C. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. If required, Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Severability.
PROFESSIONAL SERVICES AGREEMENT
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
23. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.
24. Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.
25. Time of Essence.
Time is of the essence in each and every provision of this Agreement.
26. City’s Right to Employ Other Contractors.
City reserves its right to employ other contractors to provide the Services or similar services.
27. Exhibits.
The attached Exhibit A are incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern. In the event of any conflict or inconsistency between the provisions of this Scope of Services and Specifications Requirements and the Contractor’s Proposal set forth in the attached Attachment 1 to Exhibit A, the provisions of the Scope of Services and Specifications Requirements shall govern.
28. Entire Agreement.
This Agreement (including the attached Exhibits) represents the entire understanding of the parties as to the Services, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated Agreement.
[SIGNATURES ON FOLLOWING PAGE]
PROFESSIONAL SERVICES AGREEMENT
TO EXECUTE THIS AGREEMENT, the Parties have caused their authorized representatives to sign below. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.
Cynthia Haebe
By: __________________________ By: __________________________ Cynthia Haebe
Grant Evaluator
[email protected]
Date Signed: _______________ Date Signed: _______________ CORPs: Chairperson, President, Vice President;
LLCs: Manager
CORPs: Secretary, Asst. Secretary, Chief Finance
Officer, Asst. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $50,000)
By: __________________________ By: __________________________ Bill Gallardo Lillian Harris-Neal
City Manager City Clerk
[email protected] [email protected]
Date Signed: _______________ Date Signed: _______________
PROFESSIONAL SERVICES AGREEMENT
Attachment 1 to Exhibit A
CONTRACTOR’S PROPOSAL AND FEE SCHEDULE
(attached)
City of Brea
City Council Regular Meeting Communication
Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 Meeting
Tuesday, April 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5D
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Receive and approve the Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 and adopt the Resolutions of Intent to set a Public Hearing for each District on June 18, 2024, at 7:00 p.m.
BACKGROUND/DISCUSSION
The City of Brea has seven annually assessed Maintenance Districts. Per the 1972 Landscape and Lighting Act, the local agency shall conduct public meetings to establish and adopt the upcoming annual District budget. These District meetings provide the homeowners with updates on future landscape improvements and solicit concerns regarding the maintenance of the common areas. Below are the summary results of each meeting. Referenced in Exhibit A is a map of the seven Districts.
Maintenance District #1 (American National - 103 Parcels) On March 12, 2024, four representatives of three parcels attended the meeting. For FY 2024-25, property owners in attendance recommended no changes. The total estimated costs for FY 2024-25 are $58,441. The estimated costs for FY 2024-25 will require an estimated expenditure of $2,560 from the District's reserve fund. The total annual assessment amount for this District is currently $55,929. The annual assessment will remain at $543 per parcel per year. As of June 30, 2024, projected reserves are $10,212, yielding 18% of the operational budget.
Maintenance District #2 (Baldwin - 297 Parcels)
The assessment for this District is for theme street lighting maintenance only. The Homeowners' Association maintains the common landscaped areas. On March 13, 2024, there was no attendance at the meeting. The total estimated costs for FY 2024-25 will be $8,049. The estimated costs for FY 2024-25 will require an estimated expenditure of $2,554 from the District's reserve fund. The total annual assessment for this District is currently $5,495. There are no recommended changes for FY 2024-25. The annual assessment will remain at $18.50 per parcel per year. As of June 30, 2024, projected reserves are $35,515 yielding 441% of the operational budget.
Maintenance District #3 (Eagle Development - 188 Parcels) On March 12, 2024, five representatives of three parcels attended and directed staff to increase the assessment by the CPI of 3.5% for the prior 12-month calendar year. The total estimated costs for FY 2024-25 are $123,349. The total annual assessment for this District is $109,145.28, or $580.56 per parcel per year, the maximum allowable assessment for FY 2023-24. The recommended FY 2024-25 CPI assessment would increase to $112,965.44 or $600.88 per parcel per year, an increase of $20.32 annually. As of June 30, 2024, projected reserves are $21,476, yielding 17% of the operational budget.
Maintenance District #4 (Ponderosa - 230 parcels)
The assessment for this District is for theme street lighting maintenance only. The Homeowners' Association maintains the common landscaped areas. On March 14, 2024, there was no attendance at the meeting. The total estimated costs for FY 2024-25 are $3,450. The estimated costs for FY 2024-25 will require an estimated expenditure of $690 from the District's reserve fund. The total annual assessment for this District is currently $2,760. No changes are recommended for FY 2024-
25. The annual assessment will remain at $12.00 per parcel per year. As of June 30, 2024, reserves are $18,329, yielding 53% of the operational budget.
Maintenance District #5 (Konweiser - 113 Parcels)
On March 13, 2024, two representatives from two parcels attended the meeting. For FY 2024-25, property owners in attendance recommended no changes. The total estimated costs for FY 2024-25 are $133,743. The total annual assessment for this District is $122,305.55 or $1,082.35 per parcel per year. The annual assessment will remain at $1,082.35 per parcel per year. As of June 30, 2024, projected reserves are $104,932, yielding 78% of the operational budget.
Maintenance District #6 (Schmid Development - 135 Parcels) Of the seven Districts, this is the largest District with 16 acres of common landscaped areas. On March 14, 2024, seven representatives of six parcels attended the meeting. For FY 2024-25, property owners in attendance recommended no changes. The total estimated costs for FY 2024-25 are $243,620. The total annual assessment for this District is $236,297 or $1,750.35 per parcel per year. The annual assessment will remain at $1,750.35 per parcel per year. As of June 30, 2023, reserves are $175,371, yielding 72% of the operational budget.
Maintenance District #7 (Baywood Development - 96 Parcels) On March 13, 2024, one representative from one parcel attended the meeting. For FY 2024-25, property owners recommended no changes. The total estimated costs for FY 2024-25 are $31,844. The current annual assessment for this District is $35,047.68 or $365.08 per parcel per year. The annual assessment will remain at $365.08 per parcel per year. As of June 30, 2024, projected reserves are $10,900, yielding 34% of the operational budget.
COMMISSION/COMMITTEE RECOMMENDATION
At the April 9, 2024, Finance Committee meeting, the Committee recommended approval with a follow-up question about the possibility of filing the budget bi-annually similar to the City’s bi-annual budget. Staff reviewed the question, and based on the Landscape and Lighting Act of 1972, Section 22566, staff shall prepare the report each fiscal year.
SUMMARY/FISCAL IMPACT
Per the 1972 Landscape and Lighting Act, the local agency shall conduct public meetings to establish and adopt the upcoming annual District budget. Staff met with the homeowners to discuss the coming year's budget and improvement projects. Separate assessments provide for all funding for the maintenance of the Districts, including reimbursing the General Fund for staff time. There will be no impact on the General Fund by this action.
The estimated assessments for FY 2024-25, as detailed in the Engineer's Report, are as follows:
Attachments
Attachment A - Exhibit A Maintenance Districts Map
Attachment B - Resolution LLMD 1
Attachment C - Resolution LLMD 2
Attachment D - Resolution LLMD 3
Attachment E - Resolution LLMD 4
Attachment F - Resolution LLMD 5
Attachment G - Resolution LLMD 6
Attachment H - Resolution LLMD 7
Attachment I - Engineer's Report LLMD's 1 - 7
The recommended action is to accept the Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6, and 7 and that a Resolution of Intent is adopted, setting a Public Hearing for each District on June 18, 2024, at 7:00 p.m.
RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Matthew Cuevas, Senior Management Analyst
Concurrence: Michael Ho, P.E., Director of Public Works Exhibit A
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF
THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A
PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 1 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 1 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2024-2025 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting Assessment District No. 1," an area encompassed by Final Tract Nos. 9121, 9341 and 9342 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
4. A general description of the improvements proposed for the aforementioned district is as follows:
The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 9121, 9341 and 9342. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract Nos. 9121, 9341 and 9342.
5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting District No. 1 for fiscal year 2024-2025. Said proposed assessment per lot is in the amount of $543.00.
6. This Council hereby fixes 7:00 p.m. on June 18, 2024, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 1 for fiscal year 2024-2025 and hereby gives notice of said hearing.
7. The City Clerk shall do the following:
a. Certify to the adoption of this Resolution;
b. Cause a true and correct copy of this Resolution to be published once in a newspaper of general circulation located within the City of Brea at least ten days prior to June 18, 2024.
APPROVED AND ADOPTED this 16th day of April, 2024.
________________________________
Mayor
ATTEST:________________________________
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 16th day of April, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: ________________________
________________________________
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1 INCLUDES ALL OF
THE PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 9121 RECORDED IN BOOK 378, PAGES 49 AND 50; TRACT NO. 9341 RECORDED IN BOOK 395, PAGES 28, 29 AND 30; AND OF TRACT NO. 9342 RECORDED IN BOOK 386, PAGES 41, 42 AND 43, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF
THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LIGHTING ASSESSMENT DISTRICT NO. 2 AND FIXING AND
GIVING NOTICE OF A TIME AND PLACE FOR A PUBLIC HEARING OF
THE LEVY OF AN ASSESSMENT ON SAID DISTRICT FOR FISCAL
YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Lighting Assessment District No. 2 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The above-described report submitted by the Director of Public Works relating to City of Brea Lighting Assessment District No. 2 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2024-2025 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," on that area designated "City of Brea Lighting Assessment District No. 2," an area encompassed by Final Tracts Nos. 9227, 9228 and 8857 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
4. A general description of the improvements proposed for the aforementioned district is as follows:
The maintenance and possible future replacement of lighting and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract No. 9227, 9228 and 8857.
5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Lighting Assessment District No. 2 for fiscal year 2024-2025. Said proposed assessment per lot is in the amount of $18.50.
6. This Council hereby fixes 7:00 p.m. on June 18, 2024, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Lighting Assessment District No. 2 for fiscal year 2024-2025 and hereby gives notice of said hearing.
7. The City Clerk shall do the following:
a. Certify to the adoption of this Resolution;
b. Cause a true and correct copy of this Resolution to be published once in a newspaper of general circulation located within the City of Brea at least ten days prior to June 18, 2024.
APPROVED AND ADOPTED this 16th day of April, 2024.
________________________________
Mayor
ATTEST:________________________________
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 16th day of April, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: ________________________
________________________________
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
LIGHTING ASSESSMENT DISTRICT NO. 2
THE BOUNDARIES OF LIGHTING ASSESSMENT DISTRICT NO. 2 IS DESCRIBED AS "BEING THE BOUNDARY OF ANNEXATION NO. 8-74 TO THE CITY OF BREA, COUNTY OF ORANGE, STATE OF CALIFORNIA,” ALSO BEING ALL THE PROPERTIES LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 9227 RECORDED IN BOOK 392, PAGES 5 THROUGH 12; TRACT NO. 9228 RECORDED IN BOOK 428, PAGES 32 THROUGH 38; AND TRACT NO. 8857 RECORDED IN BOOK 464, PAGES 38 THROUGH 44, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF
THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 3
AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A
PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 3 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 3 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2024-2025 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting District Assessment No. 3," an area encompassed by Final Tract No. 8242 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
4. A general description of the improvements proposed for the aforementioned district is as follows:
The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract No. 8242. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract No. 8242.
5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting Assessment District No. 3 for fiscal year 2024-2025. Said proposed assessment per lot is in the amount of $600.88.
6. This Council hereby fixes 7:00 p.m. on June 18, 2024, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 3 for fiscal year 2024-2025 and hereby gives notice of said hearing.
7. The City Clerk shall do the following:
a. Certify to the adoption of this Resolution;
b. Cause a true and correct copy of this Resolution to be published once in a newspaper of general circulation located within the City of Brea at least ten days prior to June 18, 2024.
APPROVED AND ADOPTED this 16th day of April, 2024.
________________________________
Mayor
ATTEST:________________________________
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 16th day of April, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: ______________________
______________________________
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 3
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 3 INCLUDES ALL OF
THE PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 8242 RECORDED IN BOOK 428, PAGES 19 THROUGH 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF
THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LIGHTING ASSESSMENT DISTRICT NO. 4 AND FIXING AND
GIVING NOTICE OF A TIME AND PLACE FOR A PUBLIC HEARING OF
THE LEVY OF AN ASSESSMENT ON SAID DISTRICT FOR FISCAL
YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Lighting Assessment District No. 4 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The above-described report submitted by the Director of Public Works relating to City of Brea Lighting Assessment District No. 4 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2024-2025 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," on that area designated "City of Brea Lighting District No. 4," an area encompassed by Final Tract Nos. 10224, 10324, 10325, 10327 and 9298 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
4. A general description of the improvements proposed for the aforementioned district is as follows:
The maintenance and possible future replacement of lighting, and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 10224, 10324, 10325, 10326, 10327, and 9298.
5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Lighting District No. 4 for fiscal year 2024-2025. Said proposed assessment per lot is in the amount of $12.00.
6. This Council hereby fixes 7:00 p.m. on June 18, 2024, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Lighting Assessment District No. 4 for fiscal year 2024-2025 and hereby gives notice of said hearing.
7. The City Clerk shall do the following:
a. Certify to the adoption of this Resolution;
b. Cause a true and correct copy of this Resolution to be published once in a newspaper of general circulation located within the City of Brea at least ten days prior to June 18, 2024.
APPROVED AND ADOPTED this 16th day of April, 2024.
________________________________
Mayor
ATTEST:________________________________
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 16th day of April, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: _____________________
______________________________
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
LIGHTING ASSESSMENT DISTRICT NO. 4
LIGHTING ASSESSMENT DISTRICT NO. 4 INCLUDES ALL THE PROPERTIES LOCATED IN THE CITY OF BREA WITHIN TRACT NO. 10224 AS SHOWN ON A MAP RECORDED IN BOOK 436, PAGES 13 THROUGH 16 INCLUSIVE, TRACT NO. 10324 AS SHOWN ON A MAP RECORDED IN BOOK 447, PAGES 3 THROUGH 5 INCLUSIVE, TRACT NO. 10325 AS SHOWN ON A MAP RECORDED IN BOOK 461, PAGES 9 THROUGH 12 INCLUSIVE, TRACT NO. 10326 AS SHOWN ON A MAP RECORDED IN BOOK 461, PAGES 13 THROUGH 16 INCLUSIVE, TRACT NO. 10327 AS SHOWN ON A MAP RECORDED IN BOOK 461, PAGES 17 THROUGH 20 INCLUSIVE, AND TRACT NO. 9298 AS SHOWN ON A MAP RECORDED IN BOOK 476, PAGES 5 THROUGH 7 INCLUSIVE, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF
THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 5
AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A
PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 5 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 5 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2024-2025 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting Assessment District No. 5," an area encompassed by Final Tract Nos. 9111, 9414, & 9473 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
4. A general description of the improvements proposed for the aforementioned district is as follows:
The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 9111, 9414 and 9473. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract Nos. 9111, 9414, and 9473.
5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting Assessment District No. 5 for fiscal year 2024-2025. Said proposed assessment per lot is in the amount of $1,082.35, as detailed in said report of the Director of Public Works.
6. This Council hereby fixes 7:00 p.m. on June 18, 2024, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 5 for fiscal year 2024-2025 and hereby gives notice of said hearing.
7. The City Clerk shall do the following:
a. Certify to the adoption of this Resolution;
b. Cause a true and correct copy of this Resolution to be published once in a newspaper of general circulation located within the City of Brea at least ten days prior to June 18, 2024.
APPROVED AND ADOPTED this 16th day of April, 2024.
________________________________
Mayor
ATTEST:________________________________
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 16th day of April, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: _________________________
________________________________
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 5
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 5 INCLUDES ALL THE
PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 9111 RECORDED IN BOOK 374, PAGES 24, 25 AND 26 OF TRACT NO. 9414 RECORDED IN BOOK 409, PAGES 8 AND 9, AND OF TRACT NO. 9473 RECORDED IN BOOK 291, PAGES 26, 27 AND 28, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF
THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 6
AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A
PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 6 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 6 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2024-2025 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting Assessment District No. 6," an area encompassed by Final Tract Nos. 8820, 9531, and 9532, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
4. A general description of the improvements proposed for the aforementioned district is as follows:
The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 8820, 9531, and 9532. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract Nos. 8820, 9531, and 9532.
5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting Assessment District No. 6 for fiscal year 2024-2025. Said proposed assessment per lot is in the amount of $1,750.35, as detailed in said report of the Director of Public Works.
6. This Council hereby fixes 7:00 p.m. on June 18, 2024, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 6 for fiscal year 2024-2025 and hereby gives notice of said hearing.
7. The City Clerk shall do the following:
a. Certify to the adoption of this Resolution;
b. Cause a true and correct copy of this Resolution to be published once in a newspaper of general circulation located within the City of Brea at least ten days prior to June 18, 2024.
APPROVED AND ADOPTED this 16th day of April, 2024.
________________________________
Mayor
ATTEST:________________________________
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 16th day of April, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: ________________________
________________________________
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 6
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 6 INCLUDES ALL THE
PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 8820, RECORDED IN BOOK 454, PAGES 19 THROUGH 24 INCLUSIVE, TRACT NO. 9531, RECORDED IN BOOK 423, PAGES 24 THROUGH 28 INCLUSIVE, AND TRACT NO. 9532 RECORDED IN BOOK 454, PAGES 25 THROUGH 28, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF
THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 7
AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A
PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 7 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 7 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2024-2025 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting Assessment District No. 7," an area encompassed by Final Tract Nos. 14658, 14657, 15070 and 14656, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
4. A general description of the improvements proposed for the aforementioned district is as follows:
The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 14658, 14657, 15070 and 14656. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract Nos. 14658, 14657, 15670 and 14656.
5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting Assessment District No. 7 for fiscal year 2024-2025. Said proposed assessment per lot is in the amount of $365.08, as detailed in said report of the Director of Public Works.
6. This Council hereby fixes 7:00 p.m. on June 18, 2024, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 7 for fiscal year 2024-2025 and hereby gives notice of said hearing.
7. The City Clerk shall do the following:
a. Certify to the adoption of this Resolution;
b. Cause a true and correct copy of this Resolution to be published once in a newspaper of general circulation located within the City of Brea at least ten days prior to June 18, 2024.
APPROVED AND ADOPTED this 16th day of April, 2024.
________________________________
Mayor
ATTEST:________________________________
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 16th day of April, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: _____________________
________________________________
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 7
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 7 INCLUDES ALL THE
PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 14656, RECORDED IN BOOK 746, PAGES 47 THROUGH 49 INCLUSIVE, TRACT NO. 14658, RECORDED IN BOOK 724, PAGES 9 THROUGH 11 INCLUSIVE, TRACT NO. 14657 RECORDED IN BOOK 733, PAGES 15 THROUGH 17 INCLUSIVE, TRACT NO. 15070, RECORDED IN BOOK 738, PAGES 27 THROUGH 30
INCLUSIVE, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Landscape and Lighting
Maintenance District
No. 1
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2024-25
Submitted by:
Michael Ho
Director of Public Works
April 16, 2024
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 1, FY 2024-25
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 5 Part E - Assessment District Boundary................................. 6 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 1 April 16, 2024
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821-5732
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 1 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 1, City of Brea."
This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code. The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho P.E., Director
Public Works Department
City Council Christine Marick Blair Stewart Cecilia Hupp Marty Simonoff Steve Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 2 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
The City Council of the City of Brea adopted and approved Resolution Nos. 82-57 and 82- 58 detaching certain territory from Landscape and Lighting Maintenance District No. 1 adopted by Resolution No. 76-74 and adopted Resolution No. 82-59 creating amended Maintenance District No. 1 in the City of Brea.
The creating of Lighting and Maintenance District No. 1 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8820, known as the "Canyon Country" development project. The amended Landscape and Lighting Maintenance District No. 1 was subsequently formed June 1, 1982 by Resolution No. 82-59.
The formation of the amended district and the levy of the first annual assessment was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on June 1, 1982.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 3 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in Public Street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements 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, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public 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 public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public 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 Director of Public Works and are incorporated herein by reference.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 4 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2024-25, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 1 - ANNUAL COST FACTORS
Acct # Description FY 24-25 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $14,749
4113 Overtime $102
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $180
Fixed Costs Totals $15,106
2. ROUTINE COSTS
4211 Postage $102
4249 Professional Svs/Other $2,040
4261 Svc & Repair Equipment $510
4266 Contract Services/Grounds Maintenance $17,670
4282 Electric $1,500
4285 Water $19,790
4337 Electrical Supplies & Parts $250
4441 Miscellaneous Expense $100
5800 Insurance and Other Expenses $1,473
Routine Costs Totals $43,335
Total Costs (Fixed & Routine) $58,441
Est. Fund Balance as of 1-Jul-2024 $10,212
Projected Reserve Balance 30-Jun-2025 $7,700
FY 2024-25 Annual Assessments $55,929
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts 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.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 5 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
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 construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 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 "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$55,929 / 103 SFR's = $543.00 / SFR
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 6 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2024-25 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 31920129 1 9121 $543.00 36 31921217 8 9342 $543.00 71 31921328 39 9341 $543.00 2 31920128 2 9121 $543.00 37 31921216 9 9342 $543.00 72 31921329 40 9341 $543.00 3 31920127 3 9121 $543.00 38 31921201 10 9342 $543.00 73 31921330 41 9341 $543.00 4 31920126 4 9121 $543.00 39 31921202 11 9342 $543.00 74 31921331 42 9341 $543.00 5 31920125 5 9121 $543.00 40 31921203 12 9342 $543.00 75 31921327 1 9341 $543.00 6 31920124 6 9121 $543.00 41 31921204 13 9342 $543.00 76 31921328 2 9341 $543.00 7 31920123 7 9121 $543.00 42 31921205 14 9342 $543.00 77 31921329 3 9341 $543.00 8 31920122 8 9121 $543.00 43 31921206 15 9342 $543.00 78 31921330 4 9341 $543.00 9 31920121 9 9121 $543.00 44 31921207 16 9342 $543.00 79 31921331 5 9341 $543.00 10 31920120 10 9121 $543.00 45 31921208 17 9342 $543.00 80 31921332 6 9341 $543.00 11 31920119 11 9121 $543.00 46 31921209 18 9342 $543.00 81 31921333 7 9341 $543.00 12 31920118 12 9121 $543.00 47 31921210 19 9342 $543.00 82 31921334 8 9341 $543.00 13 31920117 13 9121 $543.00 48 31921212 20 9342 $543.00 83 31921335 9 9341 $543.00 14 31920116 14 9121 $543.00 49 31921211 21 9342 $543.00 84 31921336 10 9341 $543.00 15 31920115 15 9121 $543.00 50 31921213 22 9342 $543.00 85 31921337 11 9341 $543.00 16 31920114 16 9121 $543.00 51 31921214 23 9342 $543.00 86 31921338 12 9341 $543.00 17 31920113 17 9121 $543.00 52 31921215 24 9342 $543.00 87 31921339 13 9341 $543.00 18 31920112 18 9121 $543.00 53 31921101 25 9342 $543.00 88 31921306 14 9341 $543.00 19 31920111 19 9121 $543.00 54 31921102 26 9342 $543.00 89 31921305 15 9341 $543.00 20 31920110 20 9121 $543.00 55 31921103 27 9342 $543.00 90 31921304 16 9341 $543.00 21 31920109 21 9121 $543.00 56 31921104 28 9342 $543.00 91 31921303 17 9341 $543.00 22 31920108 22 9121 $543.00 57 31921105 29 9342 $543.00 92 31921302 18 9341 $543.00 23 31920107 23 9121 $543.00 58 31921106 30 9342 $543.00 93 31921301 19 9341 $543.00 24 31920106 24 9121 $543.00 59 31921107 31 9342 $543.00 94 31921317 20 9341 $543.00 25 31920105 25 9121 $543.00 60 31921108 32 9342 $543.00 95 31921316 21 9341 $543.00 26 31920104 26 9121 $543.00 61 31921109 33 9342 $543.00 96 31921315 22 9341 $543.00 27 31920103 27 9121 $543.00 62 31921319 30 9341 $543.00 97 31921314 23 9341 $543.00 28 31920102 28 9121 $543.00 63 31921320 31 9341 $543.00 98 31921313 24 9341 $543.00 29 31921224 1 9342 $543.00 64 31921321 32 9341 $543.00 99 31921312 25 9341 $543.00 30 31921223 2 9342 $543.00 65 31921322 33 9341 $543.00 100 31921311 26 9341 $543.00 31 31921222 3 9342 $543.00 66 31921323 34 9341 $543.00 101 31921310 27 9341 $543.00 32 31921221 4 9342 $543.00 67 31921324 35 9341 $543.00 102 31921308 28 9341 $543.00 33 31921220 5 9342 $543.00 68 31921325 36 9341 $543.00 103 31921309 29 9341 $543.00 34 31921219 6 9342 $543.00 69 31921326 37 9341 $543.00
35 31921218 7 9342 $543.00 70 31921327 38 9341 $543.00
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 7 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 1 is included herein.
District No. 1 is generally located east, north of State College Boulevard, adjacent to Fanning School, and includes Tract Nos. 9121, 9341 and 9342.
District No. 1 includes all of the properties in the City of Brea located within the tract boundary of Tract No. 9121 recorded in Book 378, Pages 49 and 50; Tract No. 9341 recorded in Book 395, Pages 28, 29 and 30; and of Tract No. 9342 recorded in Book 386, Pages 41, 42 and 43, all of Miscellaneous Maps, records of Orange County, California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2024-25.
The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 8 City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 9 City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 10 City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 11 City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 12 City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 1, FY 2024-25 Page 13 Lighting
Maintenance District
No. 2
City of Brea
Prepared under the authority of the
Landscaping and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2024-25
Submitted by:
Michael Ho
Director of Public Works
April 16, 2024
City of Brea April 16, 2024
Lighting Maintenance District No. 2, FY 2024-25
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 5 Part E - Assessment District Boundary................................. 7 April 16, 2024
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821-5732
Re: Engineer's Report, Lighting Maintenance District No. 2 Transmitted herewith for your review and consideration is a report entitled, "Lighting Maintenance District No. 2, City of Brea."
This report has been prepared in accordance with the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code. The report includes all the requirements of the Landscaping and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City Council Christine Marick Blair Stewart Cecilia Hupp Marty Simonoff Steve Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net City of Brea April 16, 2024
Lighting Maintenance District No. 2, FY 2024-25 Page 1
Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
The City Council of the City of Brea adopted and approved Resolution No. 78-76, creating Lighting and Maintenance District No. 2 in the City of Brea.
The creation of Lighting and Maintenance District No. 2 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8857, known as "North Hills" development project.
No landscape maintenance is included in this district as the slopes are to be maintained by the homeowner or the homeowners' association, as required by the Conditions of Approval for Tentative Tract No. 8857.
The formation of the district and the levy of the first annual assessment was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on July 5, 1978, by City Council Resolution No. 78-76.
The purpose of this report is to be utilized by the staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California Streets and Highways Code, Section 22620 to 22631).
City of Brea April 16, 2024
Lighting Maintenance District No. 2, FY 2024-25 Page 2
PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of street lighting, will be operated, serviced and maintained as generally described as follows:
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements 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 public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the public lighting facilities or appurtenant facilities; providing for the cleaning, sandblasting, and painting of poles and other improvements for general upkeep and to remove or cover graffiti.
Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting 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 Director of Public Works and are incorporated herein by reference.
City of Brea April 16, 2024
Lighting Maintenance District No. 2, FY 2024-25 Page 3
PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2024-25, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 2 - ANNUAL COST FACTORS
Acct # Description FY 24-25 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $4,790
4113 Overtime $100
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $20
Fixed Costs Totals $4,985
2. ROUTINE
COSTS
4211 Postage $148
4261 Repairs to Equipment $1,428
4337 Electrical Supplies $1,020
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $468
Routine Costs Totals $3,064
Total Costs (Fixed & Routine) $8,049
Est. Fund Balance as of 1-Jul-2024 $33,515
Projected Reserve Balance 30-Jun-2025 $30,961
FY 2024-25 Annual Assessments $5,495
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts 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.
City of Brea April 16, 2024
Lighting Maintenance District No. 2, FY 2024-25 Page 4
PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value.
This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 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 "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The North Hills Development project (Tract Nos. 9227, 9228 and 8857 in the City of Brea) was developed under conditions of development required by the City Council of the City of Brea.
The parcels of land in the District are single-family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$5,495 / 297 SFR's = $18.50 / SFR
City of Brea April 16, 2024
Lighting Maintenance District No. 2, FY 2024-25 Page 5
PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for fiscal year 2024-25 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 30424201 13 9227 $18.50 41 30425224 53 9227 $18.50 81 30424108 93 9227 $18.50 2 30424202 14 9227 $18.50 42 30425225 54 9227 $18.50 82 30424107 94 9227 $18.50 3 30424203 15 9227 $18.50 43 30425226 55 9227 $18.50 83 30424106 95 9227 $18.50 4 30424204 16 9227 $18.50 44 30425227 56 9227 $18.50 84 30424105 96 9227 $18.50 5 30424205 17 9227 $18.50 45 30425228 57 9227 $18.50 85 30424104 97 9227 $18.50 6 30424206 18 9227 $18.50 46 30425229 58 9227 $18.50 86 30424103 98 9227 $18.50 7 30424207 19 9227 $18.50 47 30425230 59 9227 $18.50 87 30424102 99 9227 $18.50 8 30424208 21 9227 $18.50 48 30425231 60 9227 $18.50 88 30424101 100 9227 $18.50 9 30424209 21 9227 $18.50 49 30425232 61 9227 $18.50 89 30425112 101 9227 $18.50 10 30424210 22 9227 $18.50 50 30425233 62 9227 $18.50 90 30425111 102 9227 $18.50 11 30424211 23 9227 $18.50 51 30425234 63 9227 $18.50 91 30425110 103 9227 $18.50 12 30424212 24 9227 $18.50 52 30425235 64 9227 $18.50 92 30425109 104 9227 $18.50 13 30424213 25 9227 $18.50 53 30425236 65 9227 $18.50 93 30425108 105 9227 $18.50 14 30424214 26 9227 $18.50 54 30425237 66 9227 $18.50 94 30425107 106 9227 $18.50 15 30424215 27 9227 $18.50 55 30425238 67 9227 $18.50 95 30425106 107 9227 $18.50 16 30424216 28 9227 $18.50 56 30425239 68 9227 $18.50 96 30425105 108 9227 $18.50 17 30424217 29 9227 $18.50 57 30425240 69 9227 $18.50 97 30425104 109 9227 $18.50 18 30424218 30 9227 $18.50 58 30425241 70 9227 $18.50 98 30425103 110 9227 $18.50 19 30424219 31 9227 $18.50 59 30425242 71 9227 $18.50 99 30425102 111 9227 $18.50 20 30424220 32 9227 $18.50 60 30425243 72 9227 $18.50 100 30425101 112 9227 $18.50 21 30424221 33 9227 $18.50 61 30425244 73 9227 $18.50 101 30425111 113 9227 $18.50 22 30424222 34 9227 $18.50 62 30425245 74 9227 $18.50 102 30425110 114 9227 $18.50 23 30424223 35 9227 $18.50 63 30425246 75 9227 $18.50 103 30425109 115 9227 $18.50 24 30424224 36 9227 $18.50 64 30425247 76 9227 $18.50 104 30425108 116 9227 $18.50 25 30424225 37 9227 $18.50 65 30425248 77 9227 $18.50 105 30425107 117 9227 $18.50 26 30424226 38 9227 $18.50 66 30425249 78 9227 $18.50 106 30425106 118 9227 $18.50 27 30424227 39 9227 $18.50 67 30424122 79 9227 $18.50 107 30425105 119 9227 $18.50 28 30424228 40 9227 $18.50 68 30424121 80 9227 $18.50 108 30425104 120 9227 $18.50 29 30424229 41 9227 $18.50 69 30424120 81 9227 $18.50 109 30425103 121 9227 $18.50 30 30425213 42 9227 $18.50 70 30424119 82 9227 $18.50 110 30425102 122 9227 $18.50 31 30425214 43 9227 $18.50 71 30424118 83 9227 $18.50 111 30425101 123 9227 $18.50 32 30425215 44 9227 $18.50 72 30424117 84 9227 $18.50 112 30423501 1 9228 $18.50 33 30425216 45 9227 $18.50 73 30424116 85 9227 $18.50 113 30423502 2 9228 $18.50 34 30425217 46 9227 $18.50 74 30424115 86 9221 $18.50 114 30423503 3 9228 $18.50 35 30425218 47 9227 $18.50 75 30424114 87 9227 $18.50 115 30426221 4 9228 $18.50 36 30425219 48 9227 $18.50 76 30424113 88 9227 $18.50 116 30426222 5 9228 $18.50 37 30425220 49 9227 $18.50 77 30424112 89 9227 $18.50 117 30426223 6 9228 $18.50 38 30425221 50 9227 $18.50 78 30424111 90 9227 $18.50 118 30426224 7 9228 $18.50 39 30425222 51 9227 $18.50 79 30424110 91 9227 $18.50 119 30426225 8 9228 $18.50 40 30425223 52 9227 $18.50 80 30424109 92 9227 $18.50 120 30426226 9 9228 $18.50 City of Brea April 16, 2024
Lighting Maintenance District No. 2, FY 2024-25 Page 6
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 121 30423411 10 9228 $18.50 180 30426105 69 9228 $18.50 239 30427210 80 8857 $18.50 122 30423410 11 9228 $18.50 181 30426104 70 9228 $18.50 240 30427211 81 8857 $18.50 123 30423409 12 9228 $18.50 182 30426103 71 9228 $18.50 241 30427212 82 8857 $18.50 124 30423408 13 9228 $18.50 183 30426102 72 9228 $18.50 242 30427213 83 8857 $18.50 125 30423407 14 9228 $18.50 184 30426101 73 9228 $18.50 243 30427229 55 8857 $18.50 126 30423406 15 9228 $18.50 185 30423307 74 9228 $18.50 244 30427228 56 8857 $18.50 127 30423405 16 9228 $18.50 186 30423308 75 9228 $18.50 245 30427227 57 8857 $18.50 128 30423404 17 9228 $18.50 187 30423309 76 9228 $18.50 246 30427226 58 8857 $18.50 129 30423403 18 9228 $18.50 188 30423301 77 9228 $18.50 247 30427225 59 8857 $18.50 130 30423402 19 9228 $18.50 189 30423302 78 9228 $18.50 248 30427224 60 8857 $18.50 131 30423401 20 9228 $18.50 190 30423303 79 9228 $18.50 249 30427223 61 8857 $18.50 132 30426201 21 9228 $18.50 191 30423304 80 9228 $18.50 250 30427222 62 8857 $18.50 133 30426202 22 9228 $18.50 192 30423201 81 9228 $18.50 251 30427221 63 8857 $18.50 134 30426203 23 9228 $18.50 193 30423202 82 9228 $18.50 252 30427220 64 8857 $18.50 135 30426204 24 9228 $18.50 194 30423115 83 9228 $18.50 253 30427219 65 8857 $18.50 136 30426205 25 9228 $18.50 195 30423116 84 9228 $18.50 254 30427218 66 8857 $18.50 137 30426206 26 9228 $18.50 196 30423117 85 9228 $18.50 255 30427217 67 8857 $18.50 138 30426207 27 9228 $18.50 197 30423118 86 9228 $18.50 256 30427216 68 8857 $18.50 139 30426208 28 9228 $18.50 198 30423119 87 9228 $18.50 257 30427215 69 8857 $18.50 140 30426209 29 9228 $18.50 199 30423120 88 9228 $18.50 258 30427214 70 8857 $18.50 141 30426210 30 9228 $18.50 200 30423121 89 9228 $18.50 259 30427201 71 8857 $18.50 142 30426211 31 9228 $18.50 201 30423122 90 9228 $18.50 260 30427202 72 8857 $18.50 143 30426212 32 9228 $18.50 202 30423123 91 9228 $18.50 261 30427203 73 8857 $18.50 144 30426213 33 9228 $18.50 203 30423101 12 9227 $18.50 262 30427204 74 8857 $18.50 145 30426214 34 9228 $18.50 204 30423102 11 9227 $18.50 263 30427205 75 8857 $18.50 146 30426215 35 9228 $18.50 205 30423103 10 9227 $18.50 264 30427206 76 8857 $18.50 147 30426216 36 9228 $18.50 206 30423104 9 9227 $18.50 265 30427207 77 8857 $18.50 148 30426217 37 9228 $18.50 207 30423105 8 9227 $18.50 266 30427320 23 8857 $18.50 149 30426218 38 9228 $18.50 208 30423106 7 9227 $18.50 267 30427319 24 8857 $18.50 150 30426219 39 9228 $18.50 209 30423107 6 9227 $18.50 268 30427318 25 8857 $18.50 151 30426220 40 9228 $18.50 210 30423108 5 9227 $18.50 269 30427317 26 8857 $18.50 152 30426133 41 9228 $18.50 211 30423109 4 9227 $18.50 270 30427316 27 8857 $18.50 153 30426132 42 9228 $18.50 212 30423110 3 9227 $18.50 271 30427315 28 8857 $18.50 154 30426131 43 9228 $18.50 213 30423111 2 9227 $18.50 272 30427314 29 8857 $18.50 155 30426130 44 9228 $18.50 214 30423112 1 9227 $18.50 273 30427313 30 8857 $18.50 156 30426129 45 9228 $18.50 215 30423124 1 8857 $18.50 274 30427312 31 8857 $18.50 157 30426128 46 9228 $18.50 216 30423125 2 8857 $18.50 275 30427311 32 8857 $18.50 158 30426127 47 9228 $18.50 217 30427339 3 8857 $18.50 276 30427310 33 8857 $18.50 159 30426126 48 9228 $18.50 218 30427338 4 8857 $18.50 277 30427309 34 8857 $18.50 160 30426125 49 9228 $18.50 219 30427337 5 8857 $18.50 278 30427308 35 8857 $18.50 161 30426124 50 9228 $18.50 220 30427336 6 8857 $18.50 279 30427307 36 8857 $18.50 162 30426123 51 9228 $18.50 221 30427335 7 8857 $18.50 280 30427306 37 8857 $18.50 163 30426122 52 9228 $18.50 222 30427334 8 8857 $18.50 281 30427305 38 8857 $18.50 164 30426121 53 9228 $18.50 223 30427333 9 8857 $18.50 282 30427304 39 8857 $18.50 165 30426120 54 9228 $18.50 224 30427332 10 8857 $18.50 283 30427303 40 8857 $18.50 166 30426119 55 9228 $18.50 225 30427331 11 8857 $18.50 284 30427302 41 8857 $18.50 167 30426118 56 9228 $18.50 226 30427330 12 8857 $18.50 285 30427301 42 8857 $18.50 168 30426117 57 9228 $18.50 227 30427329 13 8857 $18.50 286 30427101 43 8857 $18.50 169 30426116 58 9228 $18.50 228 30427328 14 8857 $18.50 287 30427102 44 8857 $18.50 170 30426115 59 9228 $18.50 229 30423203 15 8857 $18.50 288 30427103 45 8857 $18.50 171 30426114 60 9228 $18.50 230 30427327 16 8857 $18.50 289 30427104 46 8857 $18.50 172 30426113 61 9228 $18.50 231 30427326 17 8857 $18.50 290 30427105 47 8857 $18.50 173 30426112 62 9228 $18.50 232 30427325 18 8857 $18.50 291 30427106 48 8857 $18.50 174 30426111 63 9228 $18.50 233 30427324 19 8857 $18.50 292 30427107 49 8857 $18.50 175 30426110 64 9228 $18.50 234 30427323 20 8857 $18.50 293 30427108 50 8857 $18.50 176 30426109 65 9228 $18.50 235 30427322 21 8857 $18.50 294 30427109 51 8857 $18.50 177 30426108 66 9228 $18.50 236 30427321 22 8857 $18.50 295 30427110 52 8857 $18.50 178 30426107 67 9228 $18.50 237 30427208 78 8857 $18.50 296 30427111 53 8857 $18.50 179 30426106 68 9228 $18.50 238 30427209 79 8857 $18.50 297 30427112 54 8857 $18.50 City of Brea April 16, 2024
Lighting Maintenance District No. 2, FY 2024-25 Page 7
PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Lighting Maintenance District No. 2 is included herein.
District No. 2 is generally located west of Berry Street, north of Central Avenue, and south of Northwood Avenue.
The boundaries of District No. 2 are described as "being the boundary of Annexation No. 8-74 to the City of Brea, County of Orange, State of California." Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for fiscal year 2024-25. The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April 16, 202
4 Lighting Maintenance District No. 2, FY 2024-25 Page 8 City of Brea April 16, 202
4 Lighting Maintenance District No. 2, FY 2024-25 Page 9 City of Brea April 16, 202
4 Lighting Maintenance District No. 2, FY 2024-25 Page 10 City of Brea April 16, 202
4 Lighting Maintenance District No. 2, FY 2024-25 Page 11 Landscape and Lighting
Maintenance District
No. 3
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2024-25
Submitted by:
Michael Ho
Director of Public Works
April 16, 2024
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 7 Part E - Assessment District Boundary............................... 10 April 16, 2024
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821-5732
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 3 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 3, City of Brea."
This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code. The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City Council Christine Marick Blair Stewart Cecilia Hupp Marty Simonoff Steve Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 1 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code, Article XIIID of the California Constitution, and the Proposition 218 Omnibus Implementation Act.
Background:
The City Council of the City of Brea adopted Resolution No. 78-77 on July 5, 1978 creating Lighting and Maintenance District No. 3. This Lighting and Maintenance District was a condition of development for Tract No. 8242 in the City of Brea.
Tract No. 8242 was planned and has been developed adjacent to a 40-foot MWD easement for the MWD Lower Feeder, which diagonally traverses the property limits of Tract No. 8242.
This MWD easement was graded (within the limits of MWD specifications) and landscaped (under conditions of development) to act as a greenbelt trail area for the residents of the tract.
In addition to the MWD easement greenbelt, another landscaping greenbelt area was completed in a 20-foot easement adjacent to Birch Street.
In order to assure the maintenance of the greenbelts and the payment of fees for maintaining the greenbelt and the cost of energy for theme lighting, a condition of development was the requirement that a Lighting and Maintenance District be formed over the entire limits of Tract No. 8242.
In FY 2003-04, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator which allows the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 2 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements 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, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public 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 public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public 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 Director of Public Works and are incorporated herein by reference.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 3 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the landscape and lighting improvements for Fiscal Year 2024-25, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 3 - ANNUAL COST FACTORS
Acct # Description FY 24-25 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $12,205
4113 Overtime $102
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $100
Fixed Costs Totals $12,482
2. ROUTINE
COSTS
4211 Postage $184
4249 Professional Svc-Other $34,000
4261 Svc/Repairs to Equipment $1,530
4266 Contract Services/Grounds Maintenance $30,192
4282 Electricity $2,385
4285 Water $23,664
4337 Electrical Supplies & Parts $100
4339 Construction & Maintenance/Other $2,060
4379 Nursery Supplies $255
4441 Miscellaneous Expense $100
5800 Insurance and Other Expenses $1,208
Routine Costs Totals $95,678
Total Costs (Fixed & Routine) $108,160
Est. Fund Balance as of 1-Jul-2024 $21,476
Projected Reserve Balance 30-Jun-2025 $22,461
FY 2024-25 Annual Assessments $109,145
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts 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.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 4 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
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 construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 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 "assessment" based on the actual benefit rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. XIIID also requires that publicly owned property which benefit from the improvements be assessed.
SPECIAL BENEFIT ANALYSIS
Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value.
In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
"... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..." It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 5 The ongoing operation and maintenance of the street landscaping, slopes and greenways within the district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted.
Theme Lighting. Proper maintenance and operation of pedestrian and street lights benefit all properties within the District by providing security, safety and community character and vitality as outlined below. Streetlights provide only incidental benefits to motorists traveling to, from or through the area.
BENEFITS OF STREET LIGHTING
Security and Safety
• Mitigates crime
• Alleviates the fear of crime
• Enhances safe ingress/egress to property
Community Character and Vitality
• Promotes social interaction
• Contributes to a positive nighttime visual image
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$109,145.28/ 188 SFR’s = $580.56 / SFR
This assessment rate is the maximum rate. This maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2024-25 is 3.5%.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 6 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2003-04 $336.27 / SFR
FY 2004-05 1.8% $342.32 / SFR
FY 2005-06 4.4% $357.39 / SFR
FY 2006-07 4.5% $373.47 / SFR
FY 2007-08 4.3% $389.53 / SFR
FY 2008-09 3.3% $402.38 / SFR
FY 2009-10 3.5% $416.47 / SFR
FY 2010-11 0% $416.47 / SFR
FY 2011-12 1.2% $421.47 / SFR
FY 2012-13 2.7% $432.85 / SFR
FY 2013-14 2% $441.51 / SFR
FY 2014-15 1.1% $446.37 / SFR
FY 2015-16 .7% $449.49 / SFR
FY 2016-17 2% $458.48 / SFR
FY 2017-18 1.9% $467.19 / SFR
FY 2018-19 2.8% $480.27 / SFR
FY2019-20 3.2% $495.64 / SFR
FY2020-21 3.1% $511.00/SFR
FY 2021-22 1.6% $519.18/SFR
FY 2022-23 6.6% $553.44/SFR
FY 2023-24 4.9% $580.56/SFR
FY 2024-25 3.5% $600.88/SFR
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 7 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2024-25 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt
1 32026208 1 8242 $580.56 39 32024107 39 8242 $580.56
2 32026209 2 8242 $580.56 40 32024108 40 8242 $580.56
3 32026210 3 8242 $580.56 41 32024109 41 8242 $580.56
4 32026211 4 8242 $580.56 42 32024110 42 8242 $580.56
5 32026212 5 8242 $580.56 43 32024111 43 8242 $580.56
6 32026213 6 8242 $580.56 44 32024112 44 8242 $580.56
7 32026214 7 8242 $580.56 45 32024113 45 8242 $580.56
8 32026215 8 8242 $580.56 46 32024114 46 8242 $580.56
9 32025401 9 8242 $580.56 47 32024125 47 8242 $580.56
10 32025402 10 8242 $580.56 48 32024126 48 8242 $580.56 11 32025403 11 8242 $580.56 49 32024127 49 8242 $580.56 12 32025404 12 8242 $580.56 50 32024128 50 8242 $580.56 13 32025405 13 8242 $580.56 51 32024123 51 8242 $580.56 14 32025406 14 8242 $580.56 52 32024124 52 8242 $580.56 15 32025311 15 8242 $580.56 53 32024210 53 8242 $580.56 16 32025309 16 8242 $580.56 54 32024209 54 8242 $580.56 17 32025308 17 8242 $580.56 55 32024208 55 8242 $580.56 18 32025307 18 8242 $580.56 56 32024207 56 8242 $580.56 19 32025306 19 8242 $580.56 57 32024206 57 8242 $580.56 20 32025305 20 8242 $580.56 58 32024205 58 8242 $580.56 21 32025304 21 8242 $580.56 59 32024204 59 8242 $580.56 22 32025303 22 8242 $580.56 60 32024203 60 8242 $580.56 23 32025302 23 8242 $580.56 61 32024202 61 8242 $580.56 24 32025301 24 8242 $580.56 62 32024201 62 8242 $580.56 25 32025207 25 8242 $580.56 63 32024226 63 8242 $580.56 26 32025208 26 8242 $580.56 64 32024225 64 8242 $580.56 27 32025209 27 8242 $580.56 65 32024224 65 8242 $580.56 28 32025210 28 8242 $580.56 66 32024223 66 8242 $580.56 29 32025201 29 8242 $580.56 67 32024222 67 8242 $580.56 30 32025202 30 8242 $580.56 68 32024221 68 8242 $580.56 31 32025203 31 8242 $580.56 69 32024220 69 8242 $580.56 32 32025204 32 8242 $580.56 70 32024219 70 8242 $580.56 33 32024101 33 8242 $580.56 71 32024218 71 8242 $580.56 34 32024102 34 8242 $580.56 72 32024217 72 8242 $580.56 35 32024103 35 8242 $580.56 73 32024216 73 8242 $580.56 36 32024104 36 8242 $580.56 74 32024215 74 8242 $580.56 37 32024105 37 8242 $580.56 75 32024214 75 8242 $580.56 38 32024106 38 8242 $580.56 76 32024213 76 8242 $580.56 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 8 AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt
77 32024212 77 8242 $580.56 126 32026244 126 8242 $580.56 78 32024211 78 8242 $580.56 127 32026245 127 8242 $580.56 79 32025138 79 8242 $580.56 128 32026246 128 8242 $580.56 80 32025137 80 8242 $580.56 130 32026248 130 8242 $580.56 81 32025136 81 8242 $580.56 131 32026249 131 8242 $580.56 82 32025135 82 8242 $580.56 132 32024305 132 8242 $580.56 83 32025134 83 8242 $580.56 133 32024306 133 8242 $580.56 84 32025133 84 8242 $580.56 134 32024307 134 8242 $580.56 85 32025132 85 8242 $580.56 135 32024308 135 8242 $580.56 86 32025131 86 8242 $580.56 136 32024309 136 8242 $580.56 87 32025130 87 8242 $580.56 137 32024310 137 8242 $580.56 88 32025129 88 8242 $580.56 138 32024401 138 8242 $580.56 89 32025128 89 8242 $580.56 139 32024402 139 8242 $580.56 90 32025127 90 8242 $580.56 140 32024403 140 8242 $580.56 91 32025126 91 8242 $580.56 141 32024404 141 8242 $580.56 92 32025125 92 8242 $580.56 142 32024405 142 8242 $580.56 93 32025124 93 8242 $580.56 143 32024406 143 8242 $580.56 94 32025123 94 8242 $580.56 144 32024407 144 8242 $580.56 95 32025122 95 8242 $580.56 145 32026234 145 8242 $580.56 96 32025121 96 8242 $580.56 146 32026235 146 8242 $580.56 97 32025120 97 8242 $580.56 147 32026236 147 8242 $580.56 98 32025119 98 8242 $580.56 148 32026237 148 8242 $580.56 99 32025118 99 8242 $580.56 149 32026238 149 8242 $580.56 100 32025117 100 8242 $580.56 150 32026239 150 8242 $580.56 101 32025116 101 8242 $580.56 151 32026240 151 8242 $580.56 102 32025115 102 8242 $580.56 152 32026241 152 8242 $580.56 103 32024301 103 8242 $580.56 153 32026217 153 8242 $580.56 104 32024302 104 8242 $580.56 154 32026218 154 8242 $580.56 105 32024302 105 8242 $580.56 155 32026319 155 8242 $580.56 106 32024304 106 8242 $580.56 156 32026220 156 8242 $580.56 107 32026250 107 8242 $580.56 157 32026221 157 8242 $580.56 108 32026251 108 8242 $580.56 158 32026227 158 8242 $580.56 109 32026252 109 8242 $580.56 159 32026228 159 8242 $580.56 110 32026253 110 8242 $580.56 160 32026229 160 8242 $580.56 111 32025114 111 8242 $580.56 161 32026230 161 8242 $580.56 112 32025113 112 8242 $580.56 162 32026231 162 8242 $580.56 113 32025112 113 8242 $580.56 163 32026232 163 8242 $580.56 114 32025111 114 8242 $580.56 164 32026233 164 8242 $580.56 115 32025109 115 8242 $580.56 165 32026222 165 8242 $580.56 116 32025108 116 8242 $580.56 166 32026223 166 8242 $580.56 117 32025107 117 8242 $580.56 167 32026224 167 8242 $580.56 118 32025106 118 8242 $580.56 168 32026225 168 8242 $580.56 119 32025105 119 8242 $580.56 169 32026226 169 8242 $580.56 120 32025104 120 8242 $580.56 170 32026206 170 8242 $580.56 121 32025103 121 8242 $580.56 171 32026205 171 8242 $580.56 122 32025102 122 8242 $580.56 172 32026204 172 8242 $580.56 123 32025101 123 8242 $580.56 173 32026203 173 8242 $580.56 124 32026242 124 8242 $580.56 174 32026202 174 8242 $580.56 125 32026243 125 8242 $580.56 175 32026201 175 8242 $580.56 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 9 AD # APN Lot Tract Asmt
176 32026101 176 8242 $580.56
177 32026102 177 8242 $580.56
178 32026103 178 8242 $580.56
179 32026104 179 8242 $580.56
180 32026105 180 8242 $580.56
181 32026106 181 8242 $580.56
182 32026107 182 8242 $580.56
183 32026108 183 8242 $580.56
184 32026109 184 8242 $580.56
185 32026110 185 8242 $580.56
186 32026111 186 8242 $580.56
187 32026112 187 8242 $580.56
188 32026113 188 8242 $580.56
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 10 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 3 is included herein.
The boundaries of the District are described as being the blue border of Tract No. 8242, as shown on a map recorded in Book 428, pages 19 through 24 of Miscellaneous Maps of Orange County, California.
Assessment Parcels 1 through 188 being also Lots 1 through 188 of Tract No. 8242.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2024-25. The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 3, FY 2024-25 Page 11 Lighting
Maintenance District
No. 4
City of Brea
Prepared under the authority of the
Landscaping and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2024-25
Submitted by:
Michael Ho
Director of Public Works
April 16, 2024
City of Brea April 16, 2024
Lighting Maintenance District No. 4, FY 2024-25
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 5 Part E - Assessment District Boundary................................. 7 April 16, 2024
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821-5732
Re: Engineer's Report, Lighting Maintenance District No. 4 Transmitted herewith for your review and consideration is a report entitled, "Lighting Maintenance District No. 4, City of Brea."
This report has been prepared in accordance with the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code. The report includes all the requirements of the Landscaping and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City Council Christine Marick Blair Stewart Cecilia Hupp Marty Simonoff Steve Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net City of Brea April 16, 2024
Lighting Maintenance District No. 4, FY 2024-25 Page 1
Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
The City Council of the City of Brea adopted Resolution No. 78-7 on January 3, 1978 approving Tentative Tract 9298 and the condition therefore for the improvement of Tentative Tract 9298.
On May 26, 1981, the City Council of the City of Brea by minute motion deleted paragraph AA of PC 91-77 of the Planning Commission of the City of Brea and ordered the creation of a lighting Maintenance District for Street Lighting only. No landscape maintenance requirements are included in this report, as the areas that are landscaped are being maintained by the Homeowners' Association under the requirements of the development upon the sale of any portion of Tentative Tract 9298. The formation of the district and the levy of the first annual assessment were completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on July 5, 1978, by City Council Resolution No. 78-76.
The purpose of this report is to be utilized by the staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California Streets and Highways Code, Section 22620 to 22631).
City of Brea April 16, 2024
Lighting Maintenance District No. 4, FY 2024-25 Page 2
PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of street lighting, will be operated, serviced and maintained as generally described as follows:
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements 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 public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the public lighting facilities or appurtenant facilities; providing for the cleaning, sandblasting, and painting of poles and other improvements for general upkeep and to remove or cover graffiti.
Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting 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 Director of Public Works and are incorporated herein by reference.
City of Brea April 16, 2024
Lighting Maintenance District No. 4, FY 2024-25 Page 3
PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2024-25, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT #4 – ANNUAL COST FACTORS
Acct # Description FY 24-25 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $1,330
4113 Overtime $102
4243 Engineering $0
4244 Legal $612
4412 Property Tax Collection $0
Fixed Costs Totals $2,044
2. ROUTINE
COSTS
4211 Postage $105
4261 Repairs to Equipment $1,020
4337 Electrical Supplies $1,836
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $142
Routine Costs Totals $3,103
Total Costs (Fixed & Routine) $5,147
Est. Fund Balance as of 1-Jul-2024 $18,329
Projected Reserve Balance 30-Jun-2025 $15,942
FY 2024-25 Annual Assessments $2,760
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts 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.
City of Brea April 16, 2024
Lighting Maintenance District No. 4, FY 2024-25 Page 4
PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value.
This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 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 "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The Park Paseo Development project (Tract Numbers 10224, 10324, 10325, 10326, 10327 and 9298, all a portion of Tentative Tract No. 9298 in the City of Brea) was developed under conditions of development as required by the City Council of the City of Brea.
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$2,760 / 230 SFR’s = $12.00 / SFR
City of Brea April 16, 2024
Lighting Maintenance District No. 4, FY 2024-25 Page 5
PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2024-25 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 32027131 1 10224 $12.00 41 32027156 10 10324 $12.00 81 32029208 19 10325 $12.00 2 32027130 2 10224 $12.00 42 32027157 11 10324 $12.00 82 32029209 20 10325 $12.00 3 32027129 3 10224 $12.00 43 32027158 12 10324 $12.00 83 32029210 21 10325 $12.00 4 32027128 4 10224 $12.00 44 32027159 13 10324 $12.00 84 32029211 22 10325 $12.00 5 32027127 5 10224 $12.00 45 32027160 14 10324 $12.00 85 32029212 23 10325 $12.00 6 32027126 6 10224 $12.00 46 32027161 15 10324 $12.00 86 32029213 24 10325 $12.00 7 32027125 7 10224 $12.00 47 32027162 16 10324 $12.00 87 32029214 25 10325 $12.00 8 32027124 8 10224 $12.00 48 32027163 17 10324 $12.00 88 32029215 26 10325 $12.00 9 32027123 9 10224 $12.00 49 32027164 18 10324 $12.00 89 32029201 27 10325 $12.00 10 32027122 10 10224 $12.00 50 32027165 19 10324 $12.00 90 32029202 28 10325 $12.00 11 32027121 11 10224 $12.00 51 32027166 20 10324 $12.00 91 32029203 29 10325 $12.00 12 32027120 12 10224 $12.00 52 32027167 21 10324 $12.00 92 32029204 30 10325 $12.00 13 32027119 13 10224 $12.00 53 32027178 1 11827 $12.00 93 32029205 31 10325 $12.00 14 32027118 14 10224 $12.00 54 32027179 2 11827 $12.00 94 32029206 32 10325 $12.00 15 32027117 15 10224 $12.00 55 32027180 3 11827 $12.00 95 32029207 33 10325 $12.00 16 32027116 16 10224 $12.00 56 32029143 4 11827 $12.00 96 32029112 34 10325 $12.00 17 32027115 17 10224 $12.00 57 32029145 5 11827 $12.00 97 32029148 10 11827 $12.00 18 32027114 18 10224 $12.00 58 32029144 6 11827 $12.00 98 32029149 9 11827 $12.00 19 32027113 19 10224 $12.00 59 32029102 28 10324 $12.00 99 32029150 19 11827 $12.00 20 32027112 20 10224 $12.00 60 32029107 29 10324 $12.00 100 32029151 12 11827 $12.00 21 32027111 21 10224 $12.00 61 32029147 7 11827 $12.00 101 32029152 11 11827 $12.00 22 32027110 22 10224 $12.00 62 32029146 8 11827 $12.00 102 32029253 1 10326 $12.00 23 32027109 23 10224 $12.00 63 32029235 1 10325 $12.00 103 32029254 2 10326 $12.00 24 32027108 24 10224 $12.00 64 32029236 2 10325 $12.00 104 32029255 3 10326 $12.00 25 32027107 25 10224 $12.00 65 32029237 3 10325 $12.00 105 32029256 4 10326 $12.00 26 32027106 26 10224 $12.00 66 32029238 4 10325 $12.00 106 32029257 5 10326 $12.00 27 32027105 27 10224 $12.00 67 32029239 5 10325 $12.00 107 32029258 6 10326 $12.00 28 32027104 28 10224 $12.00 68 32029231 6 10325 $12.00 108 32029246 7 10326 $12.00 29 32027103 29 10224 $12.00 69 32029232 7 10325 $12.00 109 32029247 8 10326 $12.00 30 32027102 30 10224 $12.00 70 32029233 8 10325 $12.00 110 32029248 9 10326 $12.00 31 32027101 31 10224 $12.00 71 32029234 9 10325 $12.00 111 32029249 10 10326 $12.00 32 32027147 1 10324 $12.00 72 32029216 10 10325 $12.00 112 32029250 11 10326 $12.00 33 32027148 2 10324 $12.00 73 32029217 11 10325 $12.00 113 32029251 12 10326 $12.00 34 32027149 3 10324 $12.00 74 32029218 12 10325 $12.00 114 32029252 13 10326 $12.00 35 32027150 4 10324 $12.00 75 32029219 13 10325 $12.00 115 32029240 14 10326 $12.00 36 32027151 5 10324 $12.00 76 32029220 14 10325 $12.00 116 32029241 15 10326 $12.00 37 32027152 6 10324 $12.00 77 32029221 15 10325 $12.00 117 32029242 16 10326 $12.00 38 32027153 7 10324 $12.00 78 32029222 16 10325 $12.00 118 32029243 17 10326 $12.00 39 32027154 8 10324 $12.00 79 32029223 17 10325 $12.00 119 32029244 18 10326 $12.00 40 32027155 9 10324 $12.00 80 32029224 18 10325 $12.00 120 32029245 19 10326 $12.00 City of Brea April 16, 2024
Lighting Maintenance District No. 4, FY 2024-25 Page 6
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt
121 32029225 20 10326 $12.00 179 32031369 3 9298 $12.00 122 32029226 21 10326 $12.00 180 32031368 4 9298 $12.00 123 32029227 22 10326 $12.00 181 32031367 5 9298 $12.00 124 32029228 23 10326 $12.00 182 32031366 6 9298 $12.00 125 32029229 24 10326 $12.00 183 32031365 7 9298 $12.00 126 32029230 25 10326 $12.00 184 32031364 8 9298 $12.00 127 32029153 16 11827 $12.00 185 32031363 9 9298 $12.00 128 32029154 15 11827 $12.00 186 32031362 10 9298 $12.00 129 32029155 14 11827 $12.00 187 32031361 11 9298 $12.00 130 32029156 17 11827 $12.00 188 32031360 12 9298 $12.00 131 32029122 30 10326 $12.00 189 32031359 13 9298 $12.00 132 32029123 31 10326 $12.00 190 32031358 14 9298 $12.00 133 32029124 32 10326 $12.00 191 32031357 15 9298 $12.00 134 32029125 33 10326 $12.00 192 32031356 16 9298 $12.00 135 32029126 34 10326 $12.00 193 32031355 17 9298 $12.00 136 32031320 1 10327 $12.00 194 32031354 18 9298 $12.00 137 32031319 2 10327 $12.00 195 32031353 19 9298 $12.00 138 32031101 3 10327 $12.00 196 32031352 20 9298 $12.00 139 32031102 4 10327 $12.00 197 32031351 21 9298 $12.00 140 32031103 5 10327 $12.00 198 32031350 22 9298 $12.00 141 32031104 6 10327 $12.00 199 32031349 23 9298 $12.00 142 32029402 7 10327 $12.00 200 32031348 24 9298 $12.00 143 32029401 8 10327 $12.00 201 32031347 25 9298 $12.00 144 32029263 9 10327 $12.00 202 32031346 26 9298 $12.00 145 32029262 10 10327 $12.00 203 32031345 27 9298 $12.00 146 32029259 11 10327 $12.00 204 32031344 28 9298 $12.00 147 32029260 12 10327 $12.00 205 32031343 29 9298 $12.00 148 32029261 13 10327 $12.00 206 32031342 30 9298 $12.00 149 32029404 14 10327 $12.00 207 32031341 31 9298 $12.00 150 32029403 15 10327 $12.00 208 32031340 32 9298 $12.00 151 32031105 16 10327 $12.00 209 32031339 33 9298 $12.00 152 32031106 17 10327 $12.00 210 32031338 34 9298 $12.00 153 32031107 18 10327 $12.00 211 32031337 35 9298 $12.00 154 32029127 19 10327 $12.00 212 32031336 36 9298 $12.00 155 32029128 20 10327 $12.00 213 32031335 37 9298 $12.00 156 32029129 21 10327 $12.00 214 32031334 38 9298 $12.00 157 32029130 22 10327 $12.00 215 32031333 39 9298 $12.00 158 32029131 23 10327 $12.00 216 32031332 40 9298 $12.00 159 32031301 24 10327 $12.00 217 32031331 41 9298 $12.00 160 32031302 25 10327 $12.00 218 32031401 42 9298 $12.00 161 32031303 26 10327 $12.00 219 32031402 43 9298 $12.00 162 32031304 27 10327 $12.00 220 32031403 44 9298 $12.00 163 32031305 28 10327 $12.00 221 32031404 45 9298 $12.00 164 32031306 29 10327 $12.00 222 32031405 46 9298 $12.00 165 32031307 30 10327 $12.00 223 32031406 47 9298 $12.00 166 32031308 31 10327 $12.00 224 32031407 48 9298 $12.00 167 32031309 32 10327 $12.00 225 32031408 49 9298 $12.00 168 32031390 33 10327 $12.00 226 32031409 50 9298 $12.00 169 32031389 34 10327 $12.00 227 32031410 51 9298 $12.00 170 32031312 35 10327 $12.00 228 32031411 52 9298 $12.00 171 32031313 36 10327 $12.00 229 32031412 53 9298 $12.00 172 32031314 37 10327 $12.00 230 32031413 54 9298 $12.00 173 32031315 38 10327 $12.00
174 32031316 39 10327 $12.00
175 32031318 40 10327 $12.00
176 32031317 41 10327 $12.00
177 32031371 1 9298 $12.00
178 32031370 2 9298 $12.00
City of Brea April 16, 2024
Lighting Maintenance District No. 4, FY 2024-25 Page 7
PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Lighting Maintenance District No. 4 is included herein.
District No. 4 is generally located east of the Orange Freeway, North of Birch Street and the Southern Pacific Railroad right of way and South and West of Associated Road. The lands within the District boundaries include Tract 10224, Tract 10324, Tract 10325, Tract 10326, Tract 10327 and Tract 9298 in the City of Brea, County of Orange, State of California. The entire Project is commonly known as "Park Paseo" project in the City of Brea.
The boundaries of the District are described as the North line of Tract 10224, the Easterly line of Tracts 10224 and Tract 10324, the Northerly line of Tracts 10326, Tract 10327 and Tract 9298, the Easterly line of Tract 9298 together with the South line of Tract 9298 and the Southerly line of Tract 10327, Tract 10326, Tract 10325, Tract 10324 and the West line and North line of Tract 10324 in the City of Brea, County of Orange, State of California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2024-25. The Assessor's maps and records are incorporated by reference herein and made part of this report.
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4 Lighting Maintenance District No. 4, FY 2024-25 Page 24 Landscape and Lighting
Maintenance District
No. 5
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2024-25
Submitted by:
Michael Ho
Director of Public Works
April 16, 2024
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 5, FY 2024-25
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 7 Part E - Assessment District Boundary................................. 8 April 16, 2024
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821-5732
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 5 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 5, City of Brea."
This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code. The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City Council Christine Marick Blair Stewart Cecilia Hupp Marty Simonoff Steve Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 1 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code, Article XIIID of the California Constitution, and the Proposition 218 Omnibus Implementation Act.
Background:
On June 1, 1982 the City Council of the City of Brea adopted and approved Resolution No. 82- 57 creating Landscape and Lighting Maintenance District No. 5 in the City of Brea.
The creating of Landscape and Lighting Maintenance District No. 5 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8820, known as "Canyon Country," and Tentative Tract No. 9414, known as "Canyondale." In FY 2003-04, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator that will allow the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 2 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of slopes, greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements 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, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public 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 public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public 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 Director of Public Works and are incorporated herein by reference.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 3 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2024-25, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 5 - ANNUAL COST FACTORS
Acct # Description FY 24-25 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $17,058
4113 Overtime $102
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $143
Fixed Costs Totals $17,378
2. ROUTINE
COSTS
4211 Postage $56
4249 Svc & Repair Equipment $50,000
4261 Repairs to Equipment $1,500
4266 Contract Services/Grounds Maintenance $30,192
4269 Equipment Service-Other $1,500
4282 Electricity $1,800
4285 Water $27,846
4337 Electrical Supplies & Parts $1,500
4339 Construction & Maintenance/Other $0
4441 Miscellaneous Expense $306
5800 Insurance and Other Expenses $1,665
Routine Costs Totals $116,365
Total Costs (Fixed & Routine) $133,743
Est. Fund Balance as of 1-Jul-2024 $104,932
Projected Reserve Balance 30-Jun-2025 $93,494
FY 2024-25 Annual Assessments $122,305
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts 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.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 4 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
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 construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 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 "assessment" based on the actual benefit rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. XIIID also requires that publicly owned property which benefit from the improvements be assessed.
SPECIAL BENEFIT ANALYSIS
Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value.
In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
"... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..." It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway.
The ongoing operation and maintenance of the street landscaping, slopes and greenways within the City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 5 district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted.
Theme Lighting. Proper maintenance and operation of pedestrian and street lights benefit all properties within the District by providing security, safety and community character and vitality as outlined below. Streetlights provide only incidental benefits to motorists traveling to, from or through the area.
BENEFITS OF STREET LIGHTING
Security and Safety
• Mitigates crime
• Alleviates the fear of crime
• Enhances safe ingress/egress to property
Community Character and Vitality
• Promotes social interaction
• Contributes to a positive nighttime visual image
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$122,305.55 / 113 SFR’s = $1,082.35 / SFR
This assessment rate is not considered a maximum rate. This maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2024-25 is 3.5%.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 6 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2003-04 $679.00 / SFR
FY 2004-05 1.8% $691.22 / SFR
FY 2005-06 4.4% $721.64 / SFR
FY 2006-07 4.5% $754.11 / SFR
FY 2007-08 4.3% $786.54 / SFR
FY 2008-09 3.3% $812.50 / SFR
FY 2009-10 3.5% $840.94 / SFR
FY 2010-11 0% $840.94 / SFR
FY 2011-12 1.2% $851.03 / SFR
FY 2012-13 2.7% $874.00 / SFR
FY 2013-14 2% $891.48 / SFR
FY 2014-15 1.1% $901.28 / SFR
FY 2015-16 .7% $907.59 / SFR
FY 2016-17 2% $925.74 / SFR
FY 2017-18 1.9% $943.33 / SFR
FY 2018-19 2.8% $969.74 / SFR
FY 2019-20 3.2% $1000.77 / SFR
FY 2020-21 3.1% $1031.79 / SFR
FY 2021-22 1.6% $1048.30 / SFR
FY 2022-23 6.5% $1116.44 / SFR
FY 2023-24 4.9% $1171.15 / SFR
FY 2024-25 3.5% $1212.14 / SFR
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 7 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2024-25 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 30604102 1 9111 $1082.35 41 30604210 27 9473 $1082.35 81 30605318 18 9414 $1082.35 2 30604103 2 9111 $1082.35 42 30604209 28 9473 $1082.35 82 30605319 19 9414 $1082.35 3 30604104 3 9111 $1082.35 43 30604208 29 9473 $1082.35 83 30605320 20 9414 $1082.35 4 30604105 4 9111 $1082.35 44 30604207 30 9473 $1082.35 84 30605321 21 9414 $1082.35 5 30604106 5 9111 $1082.35 45 30604206 31 9473 $1082.35 85 30605322 22 9414 $1082.35 6 30604107 6 9111 $1082.35 46 30604205 32 9473 $1082.35 86 30605323 23 9414 $1082.35 7 30604108 7 9111 $1082.35 47 30604204 33 9473 $1082.35 87 30605324 24 9414 $1082.35 8 30604109 8 9111 $1082.35 48 30604203 34 9473 $1082.35 88 30605325 25 9414 $1082.35 9 30604110 9 9111 $1082.35 49 30604202 35 9473 $1082.35 89 30605326 26 9414 $1082.35 10 30604111 10 9111 $1082.35 50 30604201 36 9473 $1082.35 90 30605327 27 9414 $1082.35 11 30604112 11 9111 $1082.35 51 30604301 37 9473 $1082.35 91 30605328 28 9414 $1082.35 12 30604113 12 9111 $1082.35 52 30604302 38 9473 $1082.35 92 30605329 29 9414 $1082.35 13 30604114 13 9111 $1082.35 53 30604303 39 9473 $1082.35 93 30605330 30 9414 $1082.35 14 30604115 14 9111 $1082.35 54 30604304 40 9473 $1082.35 94 30605331 31 9414 $1082.35 15 30604502 1 9473 $1082.35 55 30604305 41 9473 $1082.35 95 30605103 32 9414 $1082.35 16 30604501 2 9473 $1082.35 56 30604306 42 9473 $1082.35 96 30605102 33 9414 $1082.35 17 30604415 3 9473 $1082.35 57 30604307 43 9473 $1082.35 97 30605101 34 9414 $1082.35 18 30604414 4 9473 $1082.35 58 30604308 44 9473 $1082.35 98 30605201 35 9414 $1082.35 19 30604413 5 9473 $1082.35 59 30604309 45 9473 $1082.35 99 30605202 36 9414 $1082.35 20 30604412 6 9473 $1082.35 60 30604310 46 9473 $1082.35 100 30605203 37 9414 $1082.35 21 30604411 7 9473 $1082.35 61 30604311 47 9473 $1082.35 101 30605204 38 9414 $1082.35 22 30604410 8 9473 $1082.35 62 30604312 48 9473 $1082.35 102 30605205 39 9414 $1082.35 23 30604409 9 9473 $1082.35 63 30604313 49 9473 $1082.35 103 30605206 40 9414 $1082.35 24 30604408 10 9473 $1082.35 64 30605301 1 9414 $1082.35 104 30605207 41 9414 $1082.35 25 30604407 11 9473 $1082.35 65 30605302 2 9414 $1082.35 105 30605208 42 9414 $1082.35 26 30604406 12 9473 $1082.35 66 30605303 3 9414 $1082.35 106 30605209 43 9414 $1082.35 27 30604405 13 9473 $1082.35 67 30605304 4 9414 $1082.35 107 30605210 44 9414 $1082.35 28 30604404 14 9473 $1082.35 68 30605305 5 9414 $1082.35 108 30605211 45 9414 $1082.35 29 30604403 15 9473 $1082.35 69 30605306 6 9414 $1082.35 109 30605212 46 9414 $1082.35 30 30604402 16 9473 $1082.35 70 30605307 7 9414 $1082.35 110 30605213 47 9414 $1082.35 31 30604401 17 9473 $1082.35 71 30605308 8 9414 $1082.35 111 30605214 48 9414 $1082.35 32 30604219 18 9473 $1082.35 72 30605309 9 9414 $1082.35 112 30605215 49 9414 $1082.35 33 30604218 19 9473 $1082.35 73 30605310 10 9414 $1082.35 113 30605216 50 9414 $1082.35 34 30604217 20 9473 $1082.35 74 30605311 11 9414 $1082.35 35 30604216 21 9473 $1082.35 75 30605312 12 9414 $1082.35 36 30604215 22 9473 $1082.35 76 30605313 13 9414 $1082.35 37 30604214 23 9473 $1082.35 77 30605314 14 9414 $1082.35 38 30604213 24 9473 $1082.35 78 30605315 15 9414 $1082.35 39 30604212 25 9473 $1082.35 79 30605316 16 9414 $1082.35 40 30604211 26 9473 $1082.35 80 30605317 17 9414 $1082.35 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 8 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 5 is included herein.
District No. 5 is generally located east of Brea Boulevard and north of State College Boulevard, and includes Tract Nos. 9111, 9414 and 9473.
District No. 5 includes all properties in the City of Brea located within the tract boundary of Tract No. 9111 recorded in Book 374, Pages 24, 25 and 26 of Tract No. 9414 recorded in Book 409, Pages 8 and 9, and of Tract No. 9473 recorded in Book 291, Pages 26, 27 and 28 all of Miscellaneous Maps, records of Orange County, California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2024-25. The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 9 City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 10 City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 11 City of Brea April 16, 202
4 Landscape & Lighting Maintenance District No. 5, FY 2024-25 Page 12 Landscape and Lighting
Maintenance District
No. 6
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2024-25
Submitted by:
Michael Ho
Director of Public Works
April 16, 2024
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 6 Part E - Assessment District Boundary................................. 8 April 16, 2024
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821-5732
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 6 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 6, City of Brea."
This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code. The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City Council Christine Marick Blair Stewart Cecilia Hupp Marty Simonoff Steve Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 1 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
On June 1, 1982 the City Council of the City of Brea adopted and approved Resolution No. 83- 58 creating Landscape and Lighting Maintenance District No. 6 in the City of Brea.
The creating of Landscape and Lighting Maintenance District No. 6 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8820, known as the "Canyon Country" development project.
In FY 2005-06, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator that will allow the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 2 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of slopes, greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements 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, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public 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 public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public 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 Director of Public Works and are incorporated herein by reference.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 3 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2024-25, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 6 - ANNUAL COST FACTORS
Acct # Description FY 24-25 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $16,210
4113 Overtime $102
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $449
Fixed Costs Totals $16,836
2. ROUTINE
COSTS
4211 Postage $148
4249 Professional Svc-Other $60,000
4261 Repairs to Equipment $5,100
4266 Contract Services/Grounds Maintenance $75,775
4269 Equipment Service-Other $2,040
4282 Electricity $4,794
4285 Water $74,970
4337 Electrical Supplies & Parts $2,040
4339 Construction & Maintenance/Other $1,020
4441 Miscellaneous Expense $255
5800 Insurance and Other Expenses $1,616
Routine Costs Totals $227,758
Total Costs (Fixed & Routine) $244,594
Est. Fund Balance as of 1-Jul-2024 $175,371
Projected Reserve Balance 30-Jun-2025 $167,074
FY 2024-25 Annual Assessments $236,297
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts 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.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 4 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
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 construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 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 "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$236,297.25 / 135 SFR's = $1,750.35 / SFR
This assessment rate is not the maximum rate. The maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2024-25 is 3.5%.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 5 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2005-06 $1350.00 / SFR
FY 2006-07 4.5% $1411.00 / SFR
FY 2007-08 4.3% $1472.00 / SFR
FY 2008-09 3.3% $1521.00 / SFR
FY 2009-10 3.5% $1574.24 / SFR
FY 2010-11 0% $1574.24 / SFR
FY 2011-12 1.2% $1593.13 / SFR
FY 2012-13 2.7% $1636.14 / SFR
FY 2013-14 2% $1668.86 / SFR
FY 2014-15 1.1% $1676.22 / SFR
FY 2015-16 .7% $1687.95 / SFR
FY 2016-17 2% $1721.71 / SFR
FY 2017-18 1.9% $1754.42 / SFR
FY 2018-19 2.8% $1803.54 / SFR
FY 2019-20 3.2% $1861.25 / SFR
FY 2020-21 3.1% $1918.95 / SFR
FY 2021-22 1.6% $1949.65 / SFR
FY 2022-23 6.5% $2076.38 / SFR
FY 2023-24 4.9% $2180.07 / SFR
FY 2024-25 3.5% $2256.37 / SFR
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 6 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2024-25 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt
1 30606101 1 9531 $1,750.35
2 30606102 2 9531 $1,750.35
3 30606103 3 9531 $1,750.35
4 30606104 4 9531 $1,750.35
5 30606105 5 9531 $1,750.35
6 30606106 6 9531 $1,750.35
7 30606107 7 9531 $1,750.35
8 30606201 8 9531 $1,750.35
9 30606202 9 9531 $1,750.35
10 30606203 10 9531 $1,750.35
11 30606205 11 9531 $1,750.35
12 30606206 12 9531 $1,750.35
13 30606207 13 9531 $1,750.35
14 30606208 14 9531 $1,750.35
15 30606209 15 9531 $1,750.35
16 30606211 16 9531 $1,750.35
17 30606213 17 9531 $1,750.35
18 30606214 18 9531 $1,750.35
19 30606215 19 9531 $1,750.35
20 30603236 20 9531 $1,750.35
21 30606235 21 9531 $1,750.35
22 30606218 22 9531 $1,750.35
23 30603220 23 9531 $1,750.35
24 30603221 24 9531 $1,750.35
25 30603222 25 9531 $1,750.35
26 30603223 26 9531 $1,750.35
27 30603224 27 9531 $1,750.35
28 30606307 28 9531 $1,750.35
29 30606308 29 9531 $1,750.35
30 30606303 30 9531 $1,750.35
31 30606304 31 9531 $1,750.35
32 30606305 32 9531 $1,750.35
33 30606306 33 9531 $1,750.35
34 30603225 34 9531 $1,750.35
35 30606226 35 9531 $1,750.35
36 30606227 36 9531 $1,750.35
37 30606234 37 9531 $1,750.35
38 30606233 38 9531 $1,750.35
AD # APN Lot Tract Asmt
39 30606232 39 9531 $1,750.35
40 30606231 40 9531 $1,750.35
41 30606230 41 9532 $1,750.35
42 30606229 42 9532 $1,750.35
43 30608102 43 9532 $1,750.35
44 30608103 44 9532 $1,750.35
45 30608104 45 9532 $1,750.35
46 30608105 46 9532 $1,750.35
47 30608106 47 9532 $1,750.35
48 30608107 48 9532 $1,750.35
49 60608108 49 9532 $1,750.35
50 30608110 50 9532 $1,750.35
51 30608111 51 9532 $1,750.35
52 30608112 52 9532 $1,750.35
53 30608113 53 9532 $1,750.35
54 30608114 54 9532 $1,750.35
55 30608115 55 9532 $1,750.35
56 30608116 56 9532 $1,750.35
57 30608117 57 9532 $1,750.35
58 30608118 58 9532 $1,750.35
59 30608129 59 9532 $1,750.35
60 30608128 60 9532 $1,750.35
61 30608121 61 9532 $1,750.35
62 30608122 62 9532 $1,750.35
63 30608221 63 9532 $1,750.35
64 30608220 64 9532 $1,750.35
65 30608219 65 9532 $1,750.35
66 30608218 66 9532 $1,750.35
67 30608217 67 9532 $1,750.35
68 30608216 68 9532 $1,750.35
69 30608215 69 9532 $1,750.35
70 30608214 70 9532 $1,750.35
71 30608213 71 9532 $1,750.35
72 30608212 72 9532 $1,750.35
73 30608211 73 9532 $1,750.35
74 30608210 74 9532 $1,750.35
75 30608209 75 9532 $1,750.35
76 30608208 76 9532 $1,750.35
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 7 AD # APN Lot Tract Asmt
77 30608227 77 9532 $1,750.35
78 30608226 78 9532 $1,750.35
79 30608225 79 9532 $1,750.35
80 30608224 80 9532 $1,750.35
81 30608223 81 9532 $1,750.35
82 30608202 82 9532 $1,750.35
83 30608201 83 9532 $1,750.35
84 30607301 84 8820 $1,750.35
85 30607302 85 8820 $1,750.35
86 30607332 86 8820 $1,750.35
87 30607304 87 8820 $1,750.35
88 30607305 88 8820 $1,750.35
89 30607306 89 8820 $1,750.35
90 30607307 90 8820 $1,750.35
91 30607308 91 8820 $1,750.35
92 30607309 92 8820 $1,750.35
93 30607333 93 8820 $1,750.35
94 30607311 94 8820 $1,750.35
95 30607312 95 8820 $1,750.35
96 30607334 96 8820 $1,750.35
97 30607335 97 8820 $1,750.35
98 30607336 98 8820 $1,750.35
99 30607316 99 8820 $1,750.35
100 30607317 100 8820 $1,750.35
101 30607318 101 8820 $1,750.35
102 30607319 102 8820 $1,750.35
103 30607320 103 8820 $1,750.35
104 30607321 104 8820 $1,750.35
105 30607322 105 8820 $1,750.35
106 30607323 106 8820 $1,750.35
AD # APN Lot Tract Asmt
107 30607324 107 8820 $1,750.35
108 30607204 108 8820 $1,750.35
109 30607203 109 8820 $1,750.35
110 30607202 110 8820 $1,750.35
111 30607201 111 8820 $1,750.35
112 30607205 112 8820 $1,750.35
113 30607206 113 8820 $1,750.35
114 30607207 114 8820 $1,750.35
115 30607208 115 8820 $1,750.35
116 30607209 116 8820 $1,750.35
117 30607210 117 8820 $1,750.35
118 30607211 118 8820 $1,750.35
119 30607212 119 8820 $1,750.35
120 30607213 120 8820 $1,750.35
121 30607325 121 8820 $1,750.35
122 30607326 122 8820 $1,750.35
123 30607327 123 8820 $1,750.35
124 30607328 124 8820 $1,750.35
125 30607329 125 8820 $1,750.35
126 30607330 126 8820 $1,750.35
127 30607110 127 8820 $1,750.35
128 30607109 128 8820 $1,750.35
129 30607108 129 8820 $1,750.35
130 30607107 130 8820 $1,750.35
131 30607106 131 8820 $1,750.35
132 30607105 132 8820 $1,750.35
133 30607104 133 8820 $1,750.35
134 30607103 134 8820 $1,750.35
135 30607102 135 8820 $1,750.35
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 8 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 6 is included herein.
District No. 6 includes all the properties in the City of Brea located within the tract boundary of Tract No. 8820, recorded in Book 454, Pages 19 through 24 inclusive, Tract No. 9531 recorded in Book 423, Pages 24 through 28 inclusive, and Tract No. 9532 recorded in Book 454, Pages 25 through 28, all of Miscellaneous Maps, records of Orange County, California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2024-25. The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 9 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 10 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 11 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 12 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 13 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 14 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 15 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 6, FY 2024-25 Page 16 Landscape and Lighting
Maintenance District
No. 7
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2024-25
Submitted by:
Michael Ho
Director of Public Works
April 16, 2024
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 6 Part E - Assessment District Boundary................................. 8 April 16, 2024
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821-5732
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 7 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 7, City of Brea."
This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code. The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City Council Christine Marick Blair Stewart Cecilia Hupp Marty Simonoff Steve Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25 Page 1 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
On August 1, 1995 the City Council of the City of Brea adopted and approved Resolution No. 95-85 creating Landscape and Lighting Maintenance District No. 7 in the City of Brea.
The creating of Landscape and Lighting Maintenance District No. 7 in the City of Brea was a requirement of the City of Brea for the development of Tract Nos. 14658, 14657, 15670 and 14656.
The formation of the district and the levy of the first annual assessment was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on August 1, 1995.
In FY 2007-08, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator that will allow the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25 Page 2 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of slopes and greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements 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, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public 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 public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public 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 Director of Public Works and are incorporated herein by reference.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25 Page 3 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2024-25, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 7 - ANNUAL COST FACTORS
Acct # Description FY 24-25 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $6,018
4113 Overtime $102
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $105
Fixed Costs Totals $6,300
2. ROUTINE
COSTS
4211 Postage $46
4249 Professional Svc-Other $2,500
4261 Svc & Repair Equip (4261) $102
4266 Contract Grounds Maintenance $14,091
4269 Bldg. & Equipment Svc $102
4285 Water $7,905
4337 Electrical Supplies $200
4339 Construction & Maintenance $0
5800 Insurance and Other Expenses $598
Routine Costs Totals $25,544
Total Costs (Fixed & Routine) $31,844
Est. Fund Balance as of 1-Jul-2024 $10,900
Projected Reserve Balance 30-Jun-2025 $14,103
FY 2024-25 Annual Assessments $35,047
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts 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.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25 Page 4 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
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 construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 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 "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$35,047.68 / 96 SFR’s = $365.08 / SFR
This assessment rate is the maximum rate. The maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2024-25 is 3.5%.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25 Page 5 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2007-08 $245.00 / SFR
FY 2008-09 3.3% $253.05 / SFR
FY 2009-10 3.5% $261.91 / SFR
FY 2010-11 0% $261.91 / SFR
FY 2011-12 1.2% $265.05 / SFR
FY 2012-13 2.7% $272.21 / SFR
FY 2013-14 2% $277.65 / SFR
FY 2014-15 1.1% $280.70 / SFR
FY 2015-16 .7% $282.66 / SFR
FY 2016-17 2% $288.31 / SFR
FY 2017-18 1.9% $293.79 / SFR
FY 2018-19 2.8% $302.02 / SFR
FY 2019-20 3.2% $311.68 / SFR
FY 2020-21 3.1% $321.34 / SFR
FY 2021-22 1.6% $326.48 / SFR
FY 2022-23 6.5% $347.70 / SFR
FY 2023-24 4.9% $365.08 / SFR
FY 2024-25 3.5% $377.86 / SFR
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25 Page 6 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2024-25 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD# APN Lot Tract Asmt AD# APN Lot Tract Asmt
1 29646113 1 14658 $365.08 39 29643133 18 14657 $365.08 2 29643114 2 14658 $365.08 40 29633150 1 15070 $365.08
3 29643115 3 14658 $365.08 41 29633149 2 15070 $365.08
4 29643116 4 14658 $365.08 42 29633148 3 15070 $365.08
5 29643117 5 14658 $365.08 43 29633147 4 15070 $365.08
6 29643118 6 14658 $365.08 44 29633146 5 15070 $365.08
7 29643119 7 14658 $365.08 45 29633145 6 15070 $365.08
8 29643120 8 14658 $365.08 46 29633144 7 15070 $365.08
9 29643121 9 14658 $365.08 47 29643143 8 15070 $365.08
10 29643101 10 14658 $365.08 48 29633141 9 15070 $365.08 11 29643102 11 14658 $365.08 49 29633140 10 15070 $365.08 12 29643103 12 14658 $365.08 50 29633139 11 15070 $365.08 13 29643104 13 14658 $365.08 51 29633138 12 15070 $365.08 14 29643105 14 14658 $365.08 52 29633137 13 15070 $365.08 15 29643106 15 14658 $365.08 53 29633134 14 15070 $365.08 16 29643107 16 14658 $365.08 54 29633133 15 14657 $365.08 17 29643108 17 14658 $365.08 55 29633132 16 14657 $365.08 18 29643109 18 14658 $365.08 56 29633131 17 14657 $365.08 19 29643110 19 14658 $365.08 57 29633130 18 14657 $365.08 20 29643111 20 14658 $365.08 58 29633129 19 14657 $365.08 21 29643112 21 14658 $365.08 59 29633128 20 14657 $365.08 22 29643134 1 14657 $365.08 60 29633126 21 14657 $365.08 23 29643135 2 14657 $365.08 61 29633125 22 14657 $365.08 24 29643136 3 14657 $365.08 62 29633124 23 14657 $365.08 25 29643137 4 14657 $365.08 63 29633123 24 14657 $365.08 26 29643138 5 14657 $365.08 64 29633122 25 14657 $365.08 27 29643139 6 14657 $365.08 65 29633121 26 14657 $365.08 28 29643140 7 14657 $365.08 66 29633120 27 14657 $365.08 29 29643141 8 14657 $365.08 67 29644104 1 14656 $365.08 30 29643142 9 14657 $365.08 68 29644105 2 14656 $365.08 31 29643143 10 14657 $365.08 69 29644106 3 14656 $365.08 32 29643126 11 14657 $365.08 70 29644107 44 14656 $365.08 33 29643127 12 14657 $365.08 71 29644108 5 14656 $365.08 34 29643128 13 14657 $365.08 72 29644109 6 14656 $365.08 35 29643129 14 14657 $365.08 73 29644110 7 14656 $365.08 36 29643130 15 14657 $365.08 74 29644111 8 14656 $365.08 37 29643131 16 14657 $365.08 75 29644112 9 14656 $365.08 38 29643132 17 14657 $365.08 76 29644113 10 14656 $365.08 City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25 Page 7 AD# APN Lot Tract Asmt
77 29644114 11 14656 $365.08
78 29644115 12 14656 $365.08
79 29644116 13 14656 $365.08
80 29644117 14 14656 $365.08
81 29644118 15 14656 $365.08
82 29644119 16 14656 $365.08
83 29644120 17 14656 $365.08
84 29644121 18 14656 $365.08
85 29644122 19 14656 $365.08
86 29644123 20 14656 $365.08
87 29644124 21 14656 $365.08
88 29644125 22 14656 $365.08
89 29644126 23 14656 $365.08
90 29644127 24 14656 $365.08
91 29644128 25 14656 $365.08
92 29644129 26 14656 $365.08
93 29644130 27 14656 $365.08
94 29644101 28 14656 $365.08
95 29644102 29 14656 $365.08
96 29644103 30 14656 $365.08
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25 Page 8 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 7 is included herein.
District No. 7 includes all properties in the City of Brea located within the tract boundary of Tract No. 14658 recorded in Book 724, Pages 9 through 11, of Tract No. 14657 recorded in Book 733, Pages 15, 16, and 17, and of Tract Nos. 15070 and 14656 of Miscellaneous Maps, records of Orange County, California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2024-25. The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April 16, 2024
Landscape & Lighting Maintenance District No. 7, FY 2024-25 Page 9 City of Brea
City Council Regular Meeting Communication
Resolution to Adopt Amended Executive Compensation Plan Meeting
Tuesday, April 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5E
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Adopt a resolution amending the Executive Compensation Plan for Executive Employees to comply with CalPERS Reportable Compensation Requirements and superseding Resolution No. 92-124 and all 24 amendments.
BACKGROUND/DISCUSSION
Executive compensation is established by City Council resolution and may be modified from time to time by additional resolutions. The City originally adopted a comprehensive Executive Compensation Plan (Resolution No. 92-124) on November 25, 1992. This resolution and amendments cover classification, compensation, and terms of employment through and including April 2, 2024. Periodically the City Council updates the Executive Compensation Plan and Benefits Policy through amendments to reflect changes in salaries and benefits affecting our Executive employees. To date, the original resolution has been amended 24 times. Most recently the Executive Compensation Plan was amended with two resolutions on April 2, 2024. At times updates are implemented based on changes required by law, audits or when circumstances come to the City’s attention that certain provisions need revisions to comply with state law or with the California Public Employees’ Retirement System (CalPERS) regulations. 1992 was the last time the Executive Compensation Plan resolution was amended in its entirety. At that time, the City established the following guidelines for Executive’s benefits and compensation:
The Executive Compensation plan is designed to be:
• Competitive and ensure that the City can recruit and retain quality Executives. • Structured to ensure proper internal relationships between Executives and their subordinates. • Responsive to Executive needs, goals, and aspirations.
More specifically, the compensation plan is designed to:
• Affirm the City’s commitment to pay for performance.
• Ensure that each Executive position is compensated fairly in relationship to the labor market and subordinate positions.
• Provide the City with the flexibility to compensate its best Executives above the median of the labor market. • Provide a systematic and predictable procedure for adjusting Executive salary and benefits on an annual basis. • Involve Executives in an annual compensation adjustment review process including changes to both salaries and benefits.
• Identify a variety of benefit modifications the City may wish to consider in the future
In addition to City Council guidelines, the Executive Compensation Plan has to comply with our pension contract with CalPERS. To that end, CalPERS requires that only certain compensation earned as defined under specific Government Code and corresponding administrative regulations can be reported to CalPERS and be considered in calculating retirement benefits for both Classic members and PEPRA employees. In order to determine the amount of compensation earnable, a Attachments
2024-028 - Executive Compensation Plan.pdf
member’s pay rate is limited to the amount identified on a publicly available pay schedule and compensation plan benefits (MOU or Compensation Plan Resolution) that is publicly approved by the governing body. Therefore, in order for any compensation to be considered reportable to CalPERS, it requires that it must meet the definition of Government Code 20636 “Compensation Earnable” for Classic members or Government Code 7522.34 “Pensionable Compensation” for PEPRA members, and must be pursuant to CCR 571 (Classic) and 571.1 (PEPRA).
It is necessary from time to time to review and adjust the Executive Compensation Plan to ensure it is compliant with CalPERS compensation reporting regulations. After a recent CalPERS compensation review with their Compensation Compliance and Audit Resolution Unit, the City was informed that some compensation that falls under the Executive Compensation Plan, was not being reported in accordance with CalPERS reporting requirements and also that it would be beneficial to update the existing Executive compensation resolution. To comply with the CalPERS compensation reporting regulations, the City worked with CalPERS’ audit team to revise language in the Executive Compensation Plan that would meet regulatory compliance. This resulted in the City Council’s recent approval of Resolution No. 2024-018 and Resolution No. 2024-018 on April 2, 2024. Now we are asking that the City Council incorporate those recent changes and adopt a master benefits compensation resolution for all Executives.
The attached executive compensation plan combines all 24 existing amendments and creates a master document that captures all the revisions that have been approved since the 1992 resolution was adopted. Generally speaking, the Executive Compensation Plan’s terms are consistent with the same types of benefit available to all labor groups. The master resolution also includes clean up language that was identified during the review process.
FISCAL IMPACT/SUMMARY
There is no fiscal impact associated with this action item. These revisions are necessary to comply with CalPERS reporting requirements and the adjustment will allow the City to remain competitive in the current labor market to continue to attract and maintain quality executives. This action combines 24 amendments to the current Executive Compensation Plan that was originally adopted in 1992 with Resolution No. 92-124. The new resolution shall supersede the amended Resolution No. 92-124 effective the pay period that includes April 13, 2024.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Mario E. Maldonado, Human Resources Manager Concurrence: Kristin Griffith, Administrative Services Director RESO NO. 2024-028
April 16, 2024
1 RESOLUTION NO. 2024-028
A RESOLUTION OF THE CITY OF BREA AMENDING THE
EXECUTIVE COMPENSATION PLAN AS AMENDED
A. Recitals
(i) Section 9.6(a)(b) of the Brea Municipal Code provides that the City Council shall cause to be prepared, revised, installed and maintained, a positions classification plan covering all positions within the classified service, including employment standards and qualifications for ech class and to approve a plan of compensation directly correlated to the position classification plan and a rate or range of pay for each class.
(ii) On November 25, 1992, as amended October 5, 1993, November 7, 1995, December 19, 1995, May 7, 1996, February 17, 1998, September 7, 1999, February 6, 2001, October 16, 2001, September 17, 2002, November 16, 2004, September 20, 2005, September 5, 2006, August 21, 2007, April 20, 2010, June 7, 2011, June 17, 2014, November 17, 2015, May 7, 2019, September 21, 2021, July 19, 2022, November 15, 2022, June 20, 2023, and April 2, 2024 the CITY OF BREA, a municipal corporation ("CITY" hereinafter) adopted and approved Resolution 92- 124, a "Resolution of the Council of the City of Brea Amending the Executive Compensation Plan as Amended."
(iii) It is the desire of the CITY to amend said Resolution No. 92-124. (iv) It is necessary from time to time to review and adjust the compensation plan to reflect the changing organizational responsibilities of the City of Brea, to ensure the efficient and economical operation of the various departments, and when possible, to provide compensation which is competitive RESO NO. 2024-028
April 16, 2024
2 in the comparable labor market.
(v) It is recognized that preparing for succession of key management employees is a critically important component of the Executive Compensation Plan, and that a dynamic and flexible succession plan will promote long-term stability and assist in both the attraction and retention of senior staff. (vi) All amendments set forth in this Resolution shall be effective July 16, 2024, unless specifically provided herein.
B. Resolution
NOW, THEREFORE, be it found, determined and resolved by the City Council of the City of Brea, as follows:
1. Amend the Executive Compensation Plan as follows:
Executive compensation is established by City Council Resolution and may be modified from time to time by additional Resolutions. The information contained herein is valid as of the date indicated on the cover and in the header/footer, and represents Resolution 92-124 and subsequent amendments thereto.
Executive compensation guidelines were reviewed and revised in 1984 based on recommendations in the Final Report of the 1984 Ralph Anderson Compensation Study; in May 1992, by the City Council appointed Blue Ribbon Committee; and again in 1998 by the City Council with assistance from the management consulting firm of Shannon Associates.
Plan Guidelines
The Executive Compensation plan is designed to be:
• Competitive and ensure that the City can recruit and retain quality Executives.
RESO NO. 2024-028
April 16, 2024
3 • Structured to ensure proper internal relationships between Executives and their subordinates.
• Responsive to Executive needs, goals, and aspirations.
More specifically, the plan is designed to:
• Reconfirm the City’s commitment to pay for performance. • Ensure that each Executive position is compensated fairly in relationship to the labor market and subordinate positions.
• Provide the City with the flexibility to compensate its best Executives above the median of the labor market.
• Provide a systematic and predictable procedure for adjusting Executive salary and benefits on an annual basis.
• Involve Executives in an annual compensation adjustment process including changes to both salaries and benefits.
• Identify a variety of benefit modifications the City may wish to consider in the future.
SECTION I. SALARY
A. Salary Range Format
The salary ranges for Executives are broad enough to ensure: 1) long-term career growth and flexibility in granting merit increases; and, 2) both the entry and maximum levels of the salary ranges are competitive with the labor market.
The salary range is approximately 20 percent without specific steps. The maximum of the salary range is set at the median top step in the labor market. The RESO NO. 2024-028
April 16, 2024
4 entry point of the salary range shall be set at an amount that is 20 percent less than the maximum level of the salary range.
B. Annual Salary Range Adjustment
Effective July of each year, annual adjustments may be made to Executive salary ranges and benefits in recognition of changes in the cost of living, labor market conditions, and internal relationships and salary and benefit adjustments granted to other City employees. However, Executives shall not be eligible for salary merit adjustments or performance awards until their next anniversary date.
All merit salary adjustments and/or performance awards shall be based solely on performance.
C. Merit Salary Adjustments
Executives are eligible to receive a merit salary adjustment within the salary range based on performance. This adjustment is granted on each Executive’s anniversary date, based on a performance review by the City Manager.
The merit increase budget will be at least as much as would have been available under the step increase system used for other City employees.
The amount of the merit salary increase recommendation for each Executive is based on performance and may vary between one (1) percent and ten (10) percent.
It is assumed that with good long-term performance, an Executive will reach the maximum of the range in approximately four or five years.
D. PERFORMANCE AWARD PROGRAM (“Bonus Pay”)
Annual Performance Awards are available to all qualified Executives who demonstrate exceptional performance of their duties during the prior year. These awards shall be called “Bonus Pay” in accordance with the California Public RESO NO. 2024-028
April 16, 2024
5 Employees’ Retirement System (CalPERS) definition of reportable special compensation and may be granted to all Executives whose performance is “Outstanding/Superior” or “Exceeds Expectations” during the review period. Bonus Pay shall be recommended and approved by the sole discretion of the City Manager, and shall be based on the achievement of mutually agreed upon goals and objectives which are above and beyond performance expectations. Executive performance will be evaluated, but not limited to the following categories: Customer Service; Leadership, Judgement and Decision Making; Communication; Planning and Organizing; Accomplishment of Organization and City Council Priorities and Projects and Community Engagement.
At the end of the review period, employees will be rated on their demonstration of competencies, which describes their overall performance for the year, using the following rating scale:
• Outstanding/Superior
• Exceeds Expectations
• Meets Expectations
• Below Expectations
Outstanding/Superior - Employee demonstrates particularly excellent sustained performance that is of such high quality that organizational goals have been achieved that would not have been otherwise.
Exceeds Expectations - Employee demonstrates unusually good performance that exceeds expectations in critical areas and exhibits a sustained support of organizational goals.
RESO NO. 2024-028
April 16, 2024
6 Meets Expectations - The employee demonstrates good, sound performance that meets organizational goals.
Below Expectations - The employee's performance shows development areas that require correction and improvement.
Modifications to the individual's performance plan can be made based on changes in position, business operations or shifts in strategic direction, which may affect the individual's plan or the levels of performance associated with it. The individual's plan should not be changed due to individual preference or actual performance.
Determining Bonus Pay – Bonus Pay should be defined under a system that is based on an individual Executive’s performance to achieve exceptional results.
Bonus Pay will be paid for individual’s achieving a “Meets Expectations” or higher overall rating performance based on the criteria documented in the City’s annual evaluation.
The amount of the award that an Executive earns is based upon the City Manager’s assessment of the Executive's achievement of expected results in achieving goals and objectives and their overall performance. The amount of the award is based on the base salary the employee received during the previous review period.
RESO NO. 2024-028
April 16, 2024
7 The following table describes a standard Bonus Pay Program at the City of Brea:
Bonus Pay - Matrix
Overall Performance Rating Bonus Pay
Outstanding / Superior 7-10% of base salary
Exceeds Expectations 4-6% of base salary
Meets Expectations 1 - 3% (Not Reportable to CalPERS)
Below Expectations 0% (Not Eligible)
Performance awards may not exceed ten (10%) percent of an Executive’s annualized salary range maximum and awards are reported to the CalPERS as earned in the reporting period. In accordance with CalPERS reportable compensation guidelines (CCR 571), Bonus Pays are only reportable to CalPERS for Classic Members; PEPRA Members are excluded for reporting, but can still be granted Bonus Pay.
Executives shall be eligible to receive Bonus Pay annually on their anniversary date. Bonus Pay will be paid in a lump sum and are not considered part of the Executive’s base salary.
Any combination of merit salary adjustment and Bonus Pay may not exceed ten (10%) percent of the top step of the Executive’s applicable salary range.
The purpose and advantages of the Performance Award Program are that:
• It gives the City the flexibility to pay the most productive Executives above the median in the labor market.
RESO NO. 2024-028
April 16, 2024
8 • It provides a clear signal that the City wants to encourage and reward exceptional performance standards.
• It targets the group of employees that can have the most significant impact on the City.
• It is cost effective in that the Bonus Pay is not built into the base salary of the Executive for future years
• It improves the City’s ability to recruit and retain quality Executives.
E. SALARY
Effective July 10, 2021, salary ranges shall be as follows:
Class Title
Monthly Salary Range
Minimum Maximum
Administrative Services Director $14,946 $17,504
Assistant City Manager/Director $17,125 $20,054
Community Development Director $13,936 $16,422
Community Services Director $14,105 $16,361
Fire Chief $16,610 $19,318
Police Chief $16,957 $19,987
Public Works Director $14,538 $17,157
Effective November 26, 2022, salary ranges shall be as follows:
Class Title
Monthly Salary Range
Minimum Maximum
Administrative Services Director $15,395 $18,029
Assistant City Manager/Director $17,639 $20,655
Community Development Director $14,354 $16,915
Community Services Director $14,528 $16,851
Fire Chief $17,108 $19,897
Police Chief $17,466 $20,587
Public Works Director $14,975 $17,671
RESO NO. 2024-028
April 16, 2024
9 Effective July 8, 2023, salary ranges shall be as follows:
Class Title
Monthly Salary Range
Minimum Maximum
Administrative Services Director $17,282 $20,239
Assistant City Manager/Director $18,167 $21,276
Community Development Director $16,068 $18,935
Community Services Director $15,477 $17,952
Fire Chief $18,882 $21,961
Police Chief $20,176 $23782
Public Works Director $16,229 $19,152
Effective July 6, 2024, salary range shall be as follows:
Class Title
Monthly Salary Range
Minimum Maximum
Administrative Services Director $17,801 $20,846
Assistant City Manager/Director $18,712 $21,914
Community Development Director $16,550 $19,503
Community Services Director $15,941 $18,490
Fire Chief $19,449 $22,619
Police Chief $20,782 $24,495
Public Works Director $16,716 $19,727
Temporary and/or permanent assignments and compensation of Executive Management employees made by the City Manager to effect specific succession planning strategies in the organization shall only be made within current City Council approved budget authority for the term of the appointment. City Council members shall be consulted by the City Manager prior to making such appointments.
SECTION 2. MAJOR HEALTH AND WELFARE BENEFITS
A. Flexible Benefit Plan
The City’s Flexible Benefit Plan shall include for the Executive and eligible dependents, City sponsored: medical insurance, dental insurance, and vision care RESO NO. 2024-028
April 16, 2024
10 insurance. The Flexible Benefit Plan may also include, for Executives only, optional life insurance, short-term disability, deferred compensation, education reimbursement (for college-level courses only), and paid administrative leave.
Effective January 1, 2012, the City’s contribution toward Flexible Benefit Plan options is $1,600 per month.
Retiree Medical Benefit. Within the $1,600 monthly Flexible Benefit Plan contribution amount listed above, $350 is considered to be the City’s contribution toward the CalPERS Health Insurance Program for medical insurance and shall be reported to CalPERS as such. This $350 per month shall be the City’s contribution toward retiree medical insurance coverage. There is no opt out value for retiree medical plan. The parties intend that the entitlement to receive a retiree medical benefit of $350 per month is a vested benefit for all Executives hired by the City on or before September 1, 2022.
The inclusion of this vesting language is to comply with the Supreme Court’s decision in M&G Polymers v. Thacket, 135 S.Ct. 935 (2015), requiring that the intent to vest a benefit be explicitly set forth.
Effective September 1, 2022, for all new Executives hired and subsequently retired from the City, the City’s medical contribution towards retiree health insurance shall be the CalPERS Public Employees’ Medical and Hospital Care Program (PEMHCA) minimum (as determined by CalPERS on an annual basis), not to exceed the actual cost of the plan selected. (PEMHCA minimum is $157 for calendar year 2024)
Executives who do not use the full amount of the Flexible Benefit Plan contribution for optional benefits provided herein may elect to receive the remaining RESO NO. 2024-028
April 16, 2024
11 amount as taxable cash in the bi-weekly payroll, or to deposit the amount in a deferred compensation plan, or to apply such amount towards a qualified retirement health savings account.
Should the total cost of premiums for benefits selected under the Flexible Benefit Plan exceed the City's monthly contribution, the overage will be paid by the Executive via payroll deductions. The City will continue to pay the administrative fee for the CalPERS Health Insurance Program medical insurance plan.
B. Public Employee’s Retirement System (CalPERS)
All employees covered under this Resolution shall be members of the State of California Public Employees' Retirement System (CalPERS) and are subject to all applicable provisions of the City's contract with CalPERS, as amended. As regards to Classic employees hired on or before City Council adoption of this Resolution, into Executive Management classifications, effective the first payroll period commencing on or after July 1, 2021, or the date of City Council adoption of this Resolution, whichever is later. The above City-funded Classic Safety employee CalPERS contributions shall be twelve percent (12%) of CalPERS reportable compensation for Safety Executive Management employees. The above City-funded Classic Miscellaneous employee CalPERS contributions shall be seven percent (7%) of CalPERS reportable compensation for Miscellaneous Executive Management employees.
The CalPERS plan in effect for Miscellaneous Executive Management employees hired on or before December 31, 2012 is the 2% @ 55 formula based on the three highest years. The CalPERS plan in effect for Safety Executive Management employees hired on or before June 30, 2011 is 3% @ 50 formula based on single RESO NO. 2024-028
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12 highest year. Safety employees hired between July 1, 2011 and December 21, 2012 shall be on the 2% @ 50 formula. All new Safety employees with no prior CalPERS service hired after January 1, 2013 or with a break in CalPERS service of more than six (6) months will fall under the new PEPRA formula as required by law. This new Safety Executive Management employees shall be on the 2.7% @ 57 formula. Pursuant to PEPRA, "new employees" or "new members" hired on or after January 1, 2013, shall individually pay at least fifty percent (50%) of the total normal cost of pension as is determined each year by CalPERS to be the employee contribution rate. (PEPRA normal cost rate for Safety employees in 2022 is 13%).
All new Miscellaneous Executive Management employees with no prior CalPERS service hired after January 1, 2013 or with a break in CalPERS service of more than six (6) months will fall under the new PEPRA formula as required by law. These new employees shall be on the 2% @ 62 formula. Pursuant to PEPRA, "new employees" or "new members" hired on or after January 1, 2013, shall individually pay at least fifty percent (50%) of the total normal cost of pension as is determined each year by CalPERS to be the employee contribution rate. (PEPRA normal cost rate for Miscellaneous employees in 2022 is 6.25%).
1959 Survivor Benefit. The CalPERS Retirement Plan has been amended to include the Fourth Level 1959 Survivor Benefit. The Executive shall pay 100% of all monthly costs for this benefit, in addition to the $2.00 monthly cost for the Basic Level 1959 Survivor Benefit.
C. Life Insurance
Based on the life insurance policy limitations, the City shall provide for each RESO NO. 2024-028
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13 Executive a term life insurance policy with a maximum benefit of two times (2x) their annual salary. The Executive shall be responsible for the taxes on the premium amount for coverage exceeding $50,000. An Executive may purchase additional (optional) life insurance coverage as permitted by the carrier, either through the Flexible Benefit Plan or at his/her own expense.
D. Long-Term Disability Insurance Plan (LTD)
The City shall provide Long-Term Disability Insurance benefits for all Executives.
Long-Term Disability benefits shall equal 66-2/3% of the Executive’s basic monthly earnings, reduced by any deductible benefits. No benefits shall be payable for the first Sixty (60) days of each period of total disability, or until after the Executive has exhausted his/her accumulated sick leave, whichever is greater.
E. Section 125 Program
The City has implemented an Internal Revenue Section 125 program which allows employees to allocate specified amounts of monthly pre-tax salary or wages for the reimbursement of medical care expenses or dependent care expenses, or both.
Executives who choose to participate in the program shall pay all program administration costs and/or fees.
F. Executive Allowance for Wellness
The City shall contribute a maximum of $1000 per fiscal year toward reimbursement for the actual expenses incurred by each Executive for any combination of the following:
1. Fitness Training or Membership Programs. Reimbursable expenses must be pre-approved by the Human Resources Manager prior to incurring the expense.
RESO NO. 2024-028
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14 Requests for reimbursement may be submitted to the Human Resources Manager once per quarter during each fiscal year. Quarters of the fiscal year shall be defined as the periods of July 1 through September 30, October 1 through December 31, January 1 through March 30, and April 1 through June 30.
Requests for reimbursement will be paid for the fiscal year in which they are received and approved. All requests for reimbursement must be accompanied by an itemized receipt for expenses incurred.
2. Preventive or Diagnostic Heart, Stroke and Body Scanning: The City contribution shall be available for reimbursement for the costs of preventive and diagnostic medical evaluations involving scientific scanning processes and similar noninvasive techniques, which are not reimbursable under the employee’s medical insurance plan. Employees must provide an itemized receipt for expenses incurred and the “Explanation of Benefits” (EOB) statement from his/her medical insurance carrier (i.e., denial of benefits).
3. Voluntary Annual Medical Examination. The contribution shall be available to pay for medical insurance deductibles or other non-reimbursed medical expenses for a voluntary annual medical examination. The medical examination shall be conducted by a physician in active practice licensed by California State Law and within the scope of his/her practice as defined by California State Law.
Employees are required to submit the cost of the medical examination through their medical insurance carrier prior to submitting a request for reimbursement from the City. An employee’s request for reimbursement must be submitted to the Personnel Officer, and must be accompanied by an itemized receipt for RESO NO. 2024-028
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15 expenses incurred and the “Explanation of Benefits” (EOB) statement from his/her medical insurance carrier.
4. Unreimbursed Medical Expenses. Expenses related to other medical care or procedures which are not covered by medical, dental or vision care insurance or which exceed the limits of coverage in any year, subject to evidence that the expenses were not reimbursed or covered by insurance.
5. Weight Reduction. The City contribution shall be available for reimbursement of registration and meeting expenses for weight reduction programs. An employee's initial request for reimbursement must be accompanied by an itemized receipt for expenses incurred and proof that he/she has been attending the pre-approved weight reduction program for a minimum of thirty (30) calendar days or completion of the program. All subsequent requests for reimbursement submitted to the Human Resources Manager must be accompanied by an itemized receipt for expenses incurred, as well as verification of continued participation/attendance.
6. Fitness, Cardiovascular and Strength Training Equipment. Up to 75% of the annual City contribution may be applied to the purchase of home equipment for personal fitness. Employees may request reimbursement of up to $750 (or the balance available if a portion has been expended for other purposes listed above) by submitting proof of purchase and a signed statement that the equipment will be used by the employee for his/her personal fitness program.
SECTION 3. LEAVE TIME BENEFITS
A. Vacation Accruals
RESO NO. 2024-028
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16 Executives shall earn and accrue vacation leave time at the following rates:
Following Vacation Accrual
Initial Hire 120 hours/year (approx. 4.62 hours/payroll period) 7 Years 140 hours/year (approx. 5.00 hours/payroll period) 13 Years 160 hours/year (approx. 6.16 hours/payroll period) 16 Years 175 hours/year (approx. 6.73 hours/payroll period) 19 Years 200 hours/year (approx. 7.69 hours/payroll period) Executives may accumulate earned and accrued vacation leave on an unlimited basis. Executives can be paid for unused vacation leave earned and accrued above a total of 80 hours, not to exceed pay for such vacation leave which may be earned and accrued in two consecutive years, except at termination. Such payments must be approved in advance, in writing, by the City Manager.
B. Holidays
1. Executives shall be paid for twelve holidays per year, as follows:
Independence Day, July 4
Labor Day, first Monday in September
Thanksgiving Day
The day following Thanksgiving Day
Christmas Eve, December 24
Christmas Day, December 25
New Year’s Eve, December 31
New Year’s Day, January 1
Martin Luther King Jr. Day, third Monday in January
President’s Day, Third Monday in February
Memorial Day, last Monday in May
Floating Holiday
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17 The holiday shall be observed on Friday when the actual legal holiday falls on Saturday. The holiday shall be observed on Monday when the actual legal holiday falls on Sunday.
2. Floating Holiday Hours. Each Executive shall be granted twenty-one (21) hours of floating holiday leave time on July 1 of each fiscal year. This time shall not be carried over from one fiscal year to the next. Newly hired Executives shall be granted twelve (12) hours of floating holiday leave time if hired between July 1 and December 31 of each year and ten and one-half (10.5) hours of floating holiday leave time if hired between January 1 and June 30 of each year.
3. Floating Holiday Time for 9/80 Fridays. When one of the named holidays above falls on a Friday that 9/80 employees would normally not work, that holiday becomes nine (9) hours of Floating Holiday Time. Such time may be carried over and used later in the same fiscal year. An employee who leaves City employment prior to the end of a fiscal year, who has not used Floating Holiday Time, shall be paid for the unused time.
C. Sick Leave and Bereavement Leave
1. Sick Leave. Executives shall earn eight (8) hours of sick leave per month. Sick leave shall be earned, commencing on the first day of employment, and shall accrue on a bi-weekly basis. Sick leave utilization for dental appointments, medical examinations and/or due to death or serious illness in the immediate family shall be limited to a maximum of ninety-six (96) hours per fiscal year.
2. Sick Leave Authorization Due to Death or Serious Illness in the Immediate Family.
An Executive shall be allowed sick leave due to death or serious illness in the RESO NO. 2024-028
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18 immediate family. Immediate family as used in this Section is limited to: the employee’s parents and grandparents (natural, adoptive, foster, by marriage or legal guardians), current spouse, registered domestic partner, children and grandchildren (natural, adoptive, foster, or by marriage or domestic partnership), parents-in-law (or by domestic partnership), siblings, and siblings-in-law (or by domestic partnership). In the event of death in the immediate family, a death certificate or other acceptable evidence may be required by the City Manager before the sick leave is allowed. In the event of a serious illness in the immediate family, a medical certificate from an acceptable medical authority or a personal statement of such illness and an explanation of the need for the employee’s absence, may be required by the City Manager. Such leave may take travel time into consideration. The amount of sick leave used in either of these two circumstances shall be reported on the appropriate leave request form.
3. Bereavement Leave. An Executive shall be allowed twenty-seven (27) hours of bereavement leave for each incident of a death of an immediate family member (as defined in Section 2 of this Article) in the event of a death in the immediate family. This bereavement leave is in addition to the sick leave which an Executive may use for death in the immediate family.
D. Administrative Leave
Executives shall be granted forty-four (44) hours of administrative leave on July 1 of each fiscal year. Administrative leave shall not be carried over from one (1) fiscal year to the next, nor may Executives convert unused administrative leave to cash.
Newly appointed Executives shall be granted administrative leave on a prorated basis for the remainder of the fiscal year. The City Manager may authorize additional RESO NO. 2024-028
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19 administrative leave at his/her discretion. Administrative leave may only be taken subject to the prior approval of the City Manager.
E. Donation of Leave Time
Executives may donate, on an hour-for-hour basis, vacation leave time to other City employees who have exhausted all available accrued leave time due to a major medical condition. All donations of paid leave time must be approved by the Human Resources Manager.
SECTION 4. MISCELLANEOUS BENEFITS
A. Vehicle Allowance
Executives who are not provided a City vehicle shall receive a vehicle allowance in the amount of $400 per month. In addition, for extended trips, Executives may claim mileage reimbursement separately per the City’s mileage reimbursement procedure.
B. Seminars, Conferences, and Professional Memberships
The City may provide for the payment of seminars, conferences, and professional memberships when such is of mutual benefit to the Executive and the City.
C. Deferred Compensation Plan and Retirement Health Savings Plan
1. Executives may participate in the City’s 457 Deferred Compensation Program, and, if eligible, may also choose to participate in the City’s 401(a) Deferred Compensation Program. Effective January 1, 2006, the City will provide a contribution of two and one-half percent (2.5%) of the Executive’s salary to the individual’s choice among the following deferred compensation options:
(a) Section 457 plan
(b) Section 401(a) plan
RESO NO. 2024-028
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20 (c) A retirement medical savings account (RHSP)
This contribution shall be in addition to the Executive’s payroll deduction contribution.
2. Retirement Health Savings Plan:
(a) An Executive employee who is (a) Safety member of CalPERS, (b) retiring from the City of Brea, and (c) has reached a cumulative age and length of service in CalPERS that would provide the maximum retirement benefit (i.e., 90%), shall have his/her unused sick leave bank at the time of separation, which would otherwise have provided additional service credit, converted to an employer contribution to the RHSP. Effective July 1, 2019 the amount of contribution will be calculated as the dollar value of unused sick leave multiplied by 50%.
(b) An Executive employee who retires under CalPERS from the City of Brea with (a) ten or more years of service in Brea and (b) an accumulated vacation leave balance, at the time of separation, greater than 100 hours, shall have 100% of the accumulated vacation converted to an employer contribution to the RHSP, Section 457 Plan or Section 401(a) Plan. The amount of contribution shall be the employee’s hourly rate of pay multiplied by the number of vacation hours eligible under this provision.
D. Educational Reimbursement
1. In addition to training provided by the City, each Executive employee shall be eligible for reimbursement for (a) voluntary education, training and professional RESO NO. 2024-028
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21 development, (b) college coursework, or (c) the purchase of technology (see Exhibit A) compatible with City systems. Education reimbursement monies shall only be applied to the verified cost of tuition, registration, course-related books, parking and laboratory fees for the approved education program. In order to be eligible for education reimbursement for college coursework as described herein employees must have attended a college or university accredited by the Western Association of Schools and Colleges (WASC) or an equivalent accrediting organization.
Reimbursement for technology purchases must be pre-approved by the Assistant City Manager.
Executive employees should submit a request for Education Reimbursement prior to the purchase of technology or prior to the scheduled program and obtain approval from the City Manager or his/her designee. Proof of completion of the approved education program or college course work shall consist of a certificate of completion, or other verification of participation, or a college transcript showing a letter grade of "C" or better, or in cases where no letter grade is given, a certificate of completion or written proof that the college course work was completed in a satisfactory manner. Upon completion of the approved program, requests for reimbursement may be submitted to the City Manager (or his/her designee) and must be accompanied by receipts for all eligible expenses incurred.
2. If an employee receives tuition payments or refunds for college-level course work from other sources, the City will contribute the difference between the amount the RESO NO. 2024-028
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22 employee receives from the other source and the authorized costs incurred by the employee to the maximum amount below.
3. The amount of education/technology reimbursement available shall be $2,500 for the twelve (12) month period from June 30 through July 1. Up to 20% of the annual amount (i.e., $500) may be used for non-college education, training and professional development programs. Requests for reimbursement for completed education programs will be paid for the twelve (12) month period (June 30 through July 1) in which the requests receive final approval by the City Manager or his/her designee.
4. In the event an employee elects to expend his/her entire Education Reimbursement for college coursework, and the total of eligible expenses incurred in any year are in excess of the $2,500 maximum, the City shall reimburse the employee up to the maximum for the school year in which the coursework is successfully completed. The City agrees to continue to reimburse the employee for any eligible costs incurred from this completed coursework from the annual amounts available in succeeding years of employment, to a maximum of $10,000 (i.e., $2,500 per year over 4 years).
SECTION 5. NOTICE/SEPARATION PROVISION
Upon involuntary termination of an Executive without cause, the City shall either provide notice or shall provide the Executive with separation pay in an amount of money based on the following schedule:
1. For six (6) to twelve (12) months of continuous service, an Executive shall be entitled to two (2) months notice or compensation;
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23 2. For twelve (12) to eighteen (18) months of continuous service, an Executive shall be entitled to three (3) months notice or compensation;
3. For eighteen (18) to twenty-four (24) months of continuous service, an Executive shall be entitled to four (4) months notice or compensation;
4. For twenty-four (24) and more months of continuous service, an Executive shall be entitled to six (6) months notice or compensation.
The rate of separation pay shall be based on the annual total compensation of the Executive on the date of involuntary termination and shall be paid in monthly increments from the date of such involuntary termination until the total amount has been paid.
In the event the Executive obtains other employment within the time period he/she is receiving separation pay, then the obligations set forth in this section will cease immediately.
The City Manager, at his/her sole discretion, shall determine whether the terminated Executive is provided with a notice, or is granted a separation benefit. As a condition of such termination notice or separation benefit, the Executive must execute a waiver of any rights, claims or other actions arising out of termination of employment in a form acceptable to the City.
RESO NO. 2024-028
April 16, 2024
24 APPROVED and ADOPTED THIS 16th DAY OF APRIL, 2024.
______________________________
Christine Marick, Mayor
ATTEST: __________________________
Lillian Harris-Neal, City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Brea, held on the 16th of April 2024, and was adopted by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
DATED: ______________________________
_____________________________________
Lillian Harris-Neal, City Clerk
City of Brea
City Council Regular Meeting Communication
Ambulance Transport Billing Contract
Meeting
Tuesday, April 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5F
FROM
Lisa Keyworth, Emergency Preparedness Coordinator
RECOMMENDATION
• Approve the professional service agreement with Wittman Enterprises, LLC for Ambulance Transport Billing Services; • Authorize the City Manager to execute the agreement; and • Amend the City’s Fiscal Year 2023-25 Operating Budget to appropriate $150,000 annually from the City’s Paramedic Services Fund (174) for Ambulance Billing Services.
BACKGROUND/DISCUSSION
On October 3, 2023 the Brea Fire Department brought before Council, a recommendation to establish an in-house Brea ambulance program. After hearing three different options, Council decided to move forward with an in-house ambulance program with a third-party billing contractor. Until the in-house ambulance program is established, Council gave direction to staff to secure a vendor for the billing component for the currently contracted third-party ambulance company. The vendor for ambulance transport billing will continue after the ambulance program becomes in-house.
The City issued a Request For Proposal (RFP) on December 14, 2023 for qualified service providers to provide Ambulance Billing Services and perform all functions of the billing process including preparing, invoicing, categorizing, recording, monitoring, supervising, and managing ambulance transport billing. The deadline to submit proposals was on January 12, 2024. The City received submittals from three Proposers. The cost for services is based upon a percentage of net collections from ambulance billing payments received. The following is the cost summary per proposer:
• EMS|MC (3.25%)
• Digitech (3.85%)
• Wittman Enterprises (4.25% in Year 1 thru 3; and 4.50% in Year 4 and 5 ) While each of the proposals met the requirements of the RFP, Wittman Enterprises stood out with their experience working with several (120) California agencies, 11 of them in Orange County. While Wittman embraces automated systems and technological advances they also recognize that quality customer service is reliant upon their staff providing the best level of service. This concept is also why they have the lowest claims-per-employee-ratio, allowing personal attention to each customer they contact.
Among the other vendors, one is involved in four civil lawsuits related to a data breach, while another saw two major cities switch to Wittman due to capacity issues and low success rates in collections. Although both of these vendors have bilingual staff, Wittman's multilingual Customer Service representatives offer a distinct advantage.
Although Wittman collects a higher percentage per transport than the other two proposers, they collect on average 10-20% more in net revenue than their competitors. They are able to arrive at these reimbursements due to their billing and collection experience in the State of California and experience with the multitude of California payers. One Orange County city that contracts with Wittman for ambulance billing services witnessed significantly higher collections than anticipated, prompting an amendment to increase the contracted annual payment cap even with the contract compensation of 5.35%.
Attachments
Brea-RFP-ambulance billing-12-5-23- clean.pdf
Brea_Wittman Agreement Final - signed.pdf
By contracting with a vendor who does billing for other Orange County agencies, there is the potential of better resolution of issues with the system and coordination of best practices with the other Orange County agencies.
As a result of entering into a contract with Wittman Enterprises for ambulance transport billing, the current contract with Emergency Ambulance Services (EAS) is being amended to remove the billing component and add the cost for ambulance transport only. It is imperative the Wittman contract be finalized even while the EAS contract has not yet being completed because there is a large amount of work to be done on the back end to prepare for implementing the billing, which is projected as a 60-day process. The amended EAS contract will be coming before Council at a later date. The 5-year agreement with Wittman Enterprises is provided as Attachment A.
COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff’s recommendation at their April 9, 2024 meeting and recommended for Council approval.
FISCAL IMPACT/SUMMARY
The agreement with Wittman Enterprises, LLC will provide Ambulance Transport Billing services for the City’s ALS/BLS fees and other EMS fees at a cost of 4.25% of net collections for Year 1 through Year 3 and 4.50% net collections in Year 4 and 5.
Based upon an evaluation of the City’s anticipated emergency medical service revenue, the cost of the agreement is not anticipated to exceed $150,000 annually for the five-year term. Staff is recommending to amend the City’s Fiscal Year 2023-25 Operating Budget to appropriate $150,000 annually from the City’s Paramedic Services Fund (174). Ambulance Transport revenue to offset this cost will be appropriated at a later date once the agreement with EAS is finalized.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Lisa Keyworth, Emergency Preparedness Coordinator Concurrence: Mark Terrill, Fire Chief
REQUEST FOR
PROPOSALS
RFP No. 2023.12.14.01
Ambulance Billing Services