Agenda #: 5.4
Meeting Date: April 4, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: LANDSCAPE ASSESSMENT DISTRICT NOS. 38, 39-2022, AND 41- 2021 FOR FISCAL YEAR 2023/24
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Adopt Resolution No. 2023-07 ordering the City Engineer to prepare and to file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 38 and any assessment thereon for Fiscal Year 2023/24;
B. Adopt Resolution No. 2023-08 ordering the City Engineer to prepare and to file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 39-2022 and any assessment thereon for Fiscal Year 2023/24;
C. Adopt Resolution No. 2023-09 ordering the City Engineer to prepare and to file an Engineer's Report related to maintenance of improvements in the Landscaping Assessment District No. 41-2021 and any assessment thereon for Fiscal Year 2023/24; and
D. Approve, and authorize the City Manager to execute, the Third Amendment to the Consultant Services Agreement with SCI Consulting to provide special assessment engineering services in the not-to-exceed amount of $18,396.
FINANCIAL IMPACT:
The consultant service for the preparation of the Engineer’s Reports and other associated services is estimated to cost $18,396. Adequate funding is included in the Fiscal Year 2022/23 Operating Budget and will be included in the Fiscal Year 2023/24 Operating Budget for LAD Nos. 38, 39-2022, and 41-2021.
BACKGROUND:
There are three Landscape Assessment Districts (LADs) in the City: LAD No. 38, LAD No. 39-2022, and LAD No. 41-2021. The County of Los Angeles originally formed all three LADs prior to the City’s incorporation. After its incorporation, the City took over the administration of the three LADs. In July 2021, the City implemented a successful Proposition 218 balloting procedure to replace LAD No. 41 with LAD No. 41-2021 with the same service area and an updated assessment structure. In March 2022, the City successfully implemented a similar procedure to replace LAD No. 39 with LAD No. 39- 2022.
As part of these assessment districts update, the City must undergo a three-step process every fiscal year. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer’s report for each district, the action being recommended in this agenda item. Second, the report is finalized and presented to the City Council, which, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, the City holds a Public Hearing at a City Council meeting where the assessment districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XIII D of the California Constitution.
Additionally, on May 5, 2020, the City Council approved an agreement with SCI Consulting Group (SCI) for the preparation of the Engineer’s Reports and other special district-associated services (the “Original Agreement”). On April 6, 2021 and September 21, 2021, the City Council approved a First Amendment and a Second Amendment, respectively, to the Original Agreement for SCI to provide Proposition 218 balloting services for LAD No. 41-2021 and LAD No. 39-2022. The Agreement will expire on June 30, 2023 and may be extended by mutual consent in two one-year increments.
The proposed Third Amendment would provide for a one-year extension through June 30, 2024.
ANALYSIS:
LAD No. 38
The City has an annual program for the maintenance of landscaped medians as well as parkway improvements along the major arterials, and intends to continue the said program by special assessments upon lands within the City. Funds must be provided to enable District No. 38 to continue its operation during the Fiscal Year 2023/24. District No. 38 encompasses the whole City and is illustrated in Exhibit “A-1” Map (Attachment 1).
LAD No. 39-2022
The City has an annual program for the maintenance of landscaping, open space improvements, five mini-parks, and trails, and intends to continue the said program by special assessments upon lands within the district. Funds must be provided to enable District No. 39-2022 to continue operating during the Fiscal Year 2023/24. District 39- 2022 encompasses areas in the northeasterly part of the City, as illustrated in Exhibit “A-2” Map (Attachment 2).
LAD No. 41-2021
The City has an annual program for the maintenance of landscaping and open space improvements, and intends to continue the said program by special assessments upon lands within the district. Funds must be provided to enable District No. 41-2021 to continue operating during the Fiscal Year 2023/24. District 41-2021 encompasses the southwesterly part of the City, as illustrated in Exhibit “A-3” Map (Attachment 3).
Agreement
The current Agreement with SCI to provide assessment engineering services expires on June 30, 2023. Section 2 of the Original Agreement provides for the Agreement to be extended by mutual consent of the City and SCI in two one-year increments based on satisfactory performance by the Consultant. SCI has submitted its proposal letter for the extension of the Agreement Term as provided in Exhibit “A” of Attachment 4, the proposed Third Amendment. The City has been satisfied with SCI’s performance in the past three years, and staff is recommending approval of the first one-year extension, as provided in the Original Agreement. Per Exhibit “A” of the Original Agreement, the cost rate for the service is proposed to increase three percent (3%) for a total not-to-exceed amount of $18,396.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolutions and the Third Amendment to the Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.4.a Resolution No. 2023-07; LAD 38 - Preparation of Engineer's Report
2. 5.4.b Resolution No. 2023-08; LAD 39-2022 - Preparation of Engineer's Report
3. 5.4.c Resolution No. 2023-09; LAD 41-2021 - Preparation of Engineer's Report
4. 5.4.d Third Amendment to Agreement with SCI Consulting