Agenda Item No. 6I
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 28, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director / City Engineer
SUBJECT: Water Standby Charges, Fiscal Year 2022-23
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2022-53 directing staff to forward to the Auditor-Controller’s Office of the County of Santa Barbara the water standby charges for vacant parcels within the City of Guadalupe for Fiscal Year 2022-23.
DISCUSSION:
In 1991, voters in the City of Guadalupe approved the City’s participation in the Coastal Aqueduct of the State Water Project. Participation was approved at the 550 acre-foot (605 acre-feet with drought buffer)-per-year level. To participate in the Project, the City became a member of the Central Coast Water Authority (CCWA). CCWA membership comprises all water purveyors in Santa Barbara County who are participating in the Project.
Funding for construction of the Coastal Aqueduct and associated facilities was accomplished through voter approved bonds. One of the bond issuance conditions requires each participant to maintain a “coverage ratio” of 1.25. That means that each participant must have annual net income (revenue minus expenses) 25% higher than required debt service payments.
Water rates for current customers are set with the debt service ratio in mind, but participation in the State Water Project is also a benefit to vacant parcels in the City which are currently not using City water. Participation in the State Water Project makes it possible for these parcels to develop in the future because State Water will be needed to meet future buildout needs.
As a result, in 1993, the City imposed water standby charges on vacant parcels. These charges are permitted by Section 38743 of the Government Code of the State of California. Consistent with Government Code section 38743, it was determined that for parcels of less than 1 acre, the charge would be $5.00 per month. For parcels of 1 acre or more, the charge would be $10.00 per month per acre or part thereof.
Shannon Sweeney
The most significant changes in the water standby charge list in the past year are due to the continuing development of Pasadera/DJ Farms.
The establishment of, or an increase to, these charges requires compliance with the procedures described in Proposition 218. State law permits water standby charges to be set annually by resolution of the City Council if the rates are not changed from the previous year. The City’s fees are not proposed to be increased from the previous year.
FISCAL IMPACT: None. Resolution No. 2022-XX establishes the same rates as charged in the past.
The water standby fees for fiscal year 2022 – 2023 total as follows:
Number of parcels: 106
Total assessment: $26,280.00
ATTACHMENTS:
1. Resolution No. 2022-53
2. Property Tax Roll 22 – 23 Fund 0642
RESOLUTION NO. 2022-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE DIRECTING STAFF TO FORWARD TO THE SANTA BARBARA COUNTY AUDITOR-CONTROLLER’S OFFICE WATER STANDBY CHARGES FOR VACANT PARCELS WITHIN THE CITY OF GUADALUPE FOR FISCAL YEAR 2022-2023.
WHEREAS, the City of Guadalupe historically obtained all its domestic water from wells tapping the Santa Maria River Basin aquifer; and
WHEREAS, voters in Guadalupe in 1991 approved the City’s participation in the State Water Project to increase available water supplies for current and future needs and make those supplies more reliable; and
WHEREAS, the City’s participation in the State Water Projects increases the costs to provide water service to the residents of Guadalupe; and
WHEREAS, Section 38743 of the Government Code of the State of California allows for an annual water service standby charge to be applied on a per parcel basis to areas in which water service is made available, whether the water service is currently being used or not; and WHEREAS, the City Council of the City of Guadalupe adopted Resolution No. 93-20 on August 9, 1993, stating that the correct and equitable standby charges should be $5.00 per month for each vacant parcel less than one acre in size, and $10.00 per month per acre, or portion thereof, for each vacant parcel of one acre or more; and
WHEREAS, Section 38743 of the Government Code of the State of California allows for the standby charge to be collected as part of the annual general county tax bill by forwarding to the Santa Barbara County Auditor-Controller’s office a list of each parcel upon which the standby charges will be levied plus the amount of said levy; and
WHEREAS, each fiscal year the City of Guadalupe must report to the Santa Barbara County AuditorController’s office if the levy is to remain the same, be changed, or be abolished; and WHEREAS, the standby charge may be set by a resolution of the City Council if it is not increased.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
1. Direct staff to forward to the Santa Barbara County Auditor-Controller’s office a list of parcels upon which the standby charge will be levied (attached hereto as Exhibit “A”); and
2. Indicate that the total levy for fiscal year 2022-2023 will be $26,280 in total coming from 106 parcels.
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED at a regular meeting on the 28th day of June 2022 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-53, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 28, 2022, and that same was approved and adopted.
ATTEST:
_____________________________________ ___________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
District Name: Guadalupe Water Standby Fee
Description: Fund 0642, Water Standby Charge
Tax Year: 2022-23
Contact Person: City Administrator, (805) 356-3891
Total # of Assessments: 106
Total Assessment Amount: $26,280.00
ATTACHMENT 2
0642 113-080-018 10320.00
0642 113-370-037 60.00
0642 113-370-038 60.00
0642 113-450-001 840.00
0642 113-450-002 1200.00
0642 113-450-003 600.00
0642 113-450-010 240.00
0642 113-470-022 60.00
0642 113-470-023 60.00
0642 113-490-031 60.00
0642 113-490-032 60.00
0642 113-490-033 60.00
0642 113-490-180 60.00
0642 113-490-217 60.00
0642 115-010-016 360.00
0642 115-020-026 60.00
0642 115-020-032 60.00
0642 115-020-033 60.00
0642 115-020-035 60.00
0642 115-031-001 60.00
0642 115-032-005 60.00
0642 115-034-016 60.00
0642 115-035-001 60.00
0642 115-036-002 60.00
0642 115-036-015 60.00
0642 115-036-018 60.00
0642 115-041-010 60.00
0642 115-042-006 60.00
0642 115-042-007 60.00
0642 115-042-008 60.00
0642 115-042-013 60.00
0642 115-042-019 60.00
0642 115-043-002 360.00
0642 115-052-006 60.00
0642 115-063-002 60.00
0642 115-063-011 60.00
0642 115-071-015 60.00
0642 115-071-016 60.00
0642 115-071-017 60.00
0642 115-071-018 60.00
0642 115-072-014 60.00
0642 115-072-015 60.00
0642 115-072-018 60.00
0642 115-082-009 60.00
0642 115-082-021 240.00
0642 115-091-006 60.00
0642 115-092-002 60.00
0642 115-092-005 60.00
0642 115-092-015 60.00
0642 115-092-019 60.00
0642 115-092-023 60.00
0642 115-101-003 60.00
0642 115-101-009 60.00
0642 115-101-013 60.00
0642 115-102-002 240.00
0642 115-102-013 60.00
0642 115-102-015 60.00
0642 115-102-016 60.00
0642 115-102-017 60.00
0642 115-102-018 60.00
0642 115-102-022 60.00
0642 115-103-010 120.00
0642 115-103-012 60.00
0642 115-112-002 60.00
0642 115-113-004 60.00
0642 115-113-005 60.00
0642 115-113-006 60.00
0642 115-121-001 60.00
0642 115-121-002 60.00
0642 115-121-007 60.00
0642 115-121-021 60.00
0642 115-122-001 60.00
0642 115-132-016 60.00
0642 115-140-005 60.00
0642 115-140-015 3240.00
0642 115-140-016 240.00
0642 115-140-021 60.00
0642 115-140-026 480.00
0642 115-140-027 240.00
0642 115-162-024 60.00
0642 115-180-027 240.00
0642 115-180-030 240.00
0642 115-180-031 60.00
0642 115-193-019 60.00
0642 115-201-011 60.00
0642 115-201-012 60.00
0642 115-201-013 60.00
0642 115-202-002 60.00
0642 115-202-010 60.00
0642 115-210-019 360.00
0642 115-210-020 600.00
0642 115-230-005 720.00
0642 115-230-010 60.00
0642 115-280-006 60.00
0642 115-280-007 60.00
0642 115-280-008 60.00
0642 115-280-009 60.00
0642 115-280-010 60.00
0642 115-280-011 60.00
Agenda Item No. 6J
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 28, 2022
_______________________________
Prepared by:
Todd Bodem, City Administrator
SUBJECT: Consider entering into an agreement with David R. Rose for independent professional building inspector services.
RECOMMENDATION:
It is recommended the Council adopt Resolution No. 2022-54 authorizing the City to enter into an Agreement for Professional Building Inspector Services with David R. Rose.
DISCUSSION
David R. Rose entered into an agreement with the City to perform independent professional building inspector at the rate of $45.00 per hour from May 12, 2020, through May 12, 2021, and again on May 25, 2021, through May 25, 2022. City staff approached Mr. Rose to negotiate a new agreement working as an independent professional building inspector, and he agreed to keep the same rate of $45.00 per hour.
Attached for Council consideration is the proposed agreement with Mr. David R. Rose (see Attachment No. 2). Again, the proposed agreement provides a single year term with an opportunity to extend the agreement based on the mutual written agreement of both parties without no change in his hourly rate.
In staff’s opinion, it is in the City’s best interest to continue to hire Mr. Rose based on his experience and proven track record in Guadalupe.
Options Available to the Council
1. The Council could approve the agreement as recommended; or
2. The Council could direct those changes to be made to the agreement; or
3. The Council could decide not to enter into the agreement.
If the City Council chooses the first option above, the new agreement will be effective on June 28, 2022.
FISCAL IMPACT:
Mr. Rose agreed to keep the same rate of $45.00 per hour to continue working as an independent professional building inspector so there will be no negative fiscal impact. This increase is also offset by
the fees the City charges for building related services as well as the 30% overhead on all hours when working on reimbursable projects (applicant paid projects).
ATTACHMENTS
1. Resolution No. 2022-54 “A Resolution of the City Council of the City of Guadalupe authorizing the City to enter into an agreement with David R. Rose for Independent Professional Building Services”.
2. Agreement for Consultant Services between the City of Guadalupe and David R. Rose RESOLUTION NO. 2022-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DAVID R. ROSE FOR INDEPENDENT PROFESSIONAL BUILDING INSPECTION
AND PLAN CHECK SERVICES
WHEREAS, the City desires to utilize a professional consultant for building inspection and minor plan check services for the Building and Planning Department; and
WHEREAS, on May 12, 2020, the City Council approved a one (1) year contract (May 12, 2020, through May 12, 2021, and again on May 25, 2021, through May 25, 2022) with David R. Rose that incorporated a scope of work and an hourly rate of $45.00 for building inspection and minor plan checking services; and WHEREAS, City staff negotiated a new one (1) year contract with Mr. Rose that incorporates a scope of work and at the same hourly rate of $45.00 for building inspection and minor plan checking services; and WHEREAS, said agreement also requires that the City will reimburse David R. Rose the Internal Revenue Service (IRS) standard mileage rates for the use of his vehicle; and WHEREAS, the costs associated with the provision of these independent consulting services will be recovered in part through the revenue collected in conjunction with the processing of building permit applications, and the Department’s FY 21-22 and FY 22-23 budget for contract services; and WHEREAS, Mr. Rose was a building inspector for the County of San Luis Obispo from 1999 through April 2019 and worked for JAS Pacific, which was then providing building inspection services for the City, from January 2020 until he was hired as an independent contractor by the City effective on May 12, 2022, and has continued to work exceptionally well for the City of Guadalupe and is still qualified to serve the City of Guadalupe as an independent contractor providing building inspection and plan checking services; and WHEREAS, the City desires to retain David R. Rose to provide said services with a new agreement commencing on June 28, 2022 through June 28, 2023.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. The Agreement for Consulting Service between the City of Guadalupe and Mr. David R. Rose, attached to the staff report for this item and incorporated in this resolution, is hereby approved.
SECTION 2. The Mayor is authorized to sign the Agreement with David R. Rose on behalf of the City.
SECTION 3. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 28 th day of June 2022 by the following
vote:
ATTACHMENT 1
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-54, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 28, 2022, and that same was approved and adopted.
ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF GUADALUPE
AND
DAVID R. ROSE
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 28th day of June 2022, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and DAVID R. ROSE, a sole proprietorship ("Consultant").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
Section 1. Term of Agreement. Subject to the provisions of Section 18 (Termination of Agreement) of this Agreement, the term of this Agreement shall be for a period of one (1) year from commencing on June 28, 2022 through June 28, 2023, as first shown above. Such term may be extended upon written agreement of both parties to this Agreement.
Section 2. Scope of Services. Consultant agrees to perform the services set forth in Exhibit A (Scope of Services) and made a part of this Agreement.
Section 3. Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Council or City Administrator of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Administrator.
Section 4. Compensation and Method of Payment.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit B (Compensation) and made a part of this Agreement.
(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (Administration, ministerial, and discretionary review). City shall independently review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement and Scope of Services. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event City disputes any charges or expenses, City shall return the original invoice to Consultant with specific items in dispute identified for ATTACHMENT 2
correction and re-submission. All undisputed charges shall be paid in accordance with this Agreement and Scope of Services.
(c) Except as to any charges for work performed or expenses incurred by Consultant, which are disputed by City, City will cause Consultant to be paid within forty-five (45) days of receipt of Consultant's invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (e) Consultant shall have the right to suspend services if not paid in accordance with this Agreement.
Section 5. Inspection and Final Acceptance. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed, if the work is found to be defective or not in compliance with the defined Scope of Services. Acceptance of any of the Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement, including but not limited to, Sections 15 and 16, pertaining to indemnification and insurance, respectively. Consultant agrees to cooperate in any such inspection.
Section 6. Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Reuse of any materials outside the scope of this Agreement shall be at the sole risk of the City.
Section 7. Consultant's Books and Records.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently completed and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to the audits of public agencies and their expenditures, unless all documents and records are turned over to the City at the conclusion of the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, upon reasonable notice during regular business hours, upon written request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. The City shall compensate the Consultant for all costs associated with providing these materials to the City.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or destroyed due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
Section 8. Status of Consultant.
(a) Consultant is and shall at all times during the terms of this Agreement remain a wholly independent Consultant and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The Consultant shall not obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees.
Consultant expressly waives any claim Consultant may have to any such rights.
Section 9. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner.
Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.
Section 10. Compliance With Applicable Laws, Permits and Licenses.
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement applicable to Consultant. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable at law or in equity as a result of any failure of Consultant to comply with this section.
Section 11. Nondiscrimination. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, disability, marital status or sexual orientation in connection with or related to the performance of this Agreement.
Section 12. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. sections 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by City.
Section 13. Conflicts of Interest. Consultant agrees to at all times avoid conflicts of interest with the interests of the City in the performance of this Agreement.
Section 14. Confidential Information; Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Administrator, except as may be required by law.
(b) Consultant shall not, without prior without prior written authorization from the City Administrator or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories or other information concerning the work performed under this Agreement. A response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or sub consultant of Consultant, provides any information or work product in violation of this section, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Consultant shall be compensated for all costs associated with complying with this section.
Section 15. Indemnification.
(a) City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by Consultant's performance of or failure to perform any services under this Agreement or by the negligent or willfully wrongful acts or omissions of Consultant, its agents, officers, directors, sub consultants or employees, committed in performing any of the services under this Agreement. (b) If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant's expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Consultant under Section 16 shall ensure Consultant's obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. (c) The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willfully wrongful acts or omissions. (d) City agrees to indemnify Consultant for any such neglect or willfully wrongful acts committed by City or its officers, agents or employees.
Section 16. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work provided by Consultant in performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver, if so approved in writing by City Administrator. Consultant agrees to provide City with copies of required policies upon request.
Consultant shall provide the following scope and limits of insurance:
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) Insurance Services Office Form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office Form No. CA 0001 covering Automobile Liability, including code 1"any auto" and endorsement CA 0025, or equivalent forms subject to written approval of City.
(3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers' Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement.
(4) Errors and omission liability insurance appropriate to the Consultant's profession.
B. Minimum Limits of Insurance: Consultant shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.
(4) Errors and Omissions Liability $1,000,000 per claim.
C. Other Provisions: Insurance policies required by this Agreement shall contain the following provisions:
(1) All Policies: Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or other party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to City.
(2) General Liability and Automobile Liability Coverages. (a) City and its respective elected and appointed officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to City, and its respective elected and appointed officers, officials or employees.
(b) Consultant's insurance coverage shall be primary
insurance with respect to City, and its respective elected and appointed officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance.
(c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(d) Any failure to comply with the reporting or other
provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
(3) Workers' Compensation and Employer's Liability Coverage.
Unless the City Administrator otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant.
D. Other Requirements: Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this Agreement have been met. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. (1) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
(2) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
Section 17. Assignment. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under the Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement, entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
Section 18. Termination of Agreement.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days' written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
Section 19. Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.
Section 20. Excusable Delays. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, and acts of federal, state or local governments, acts of the City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
Section 21. Cooperation by City. All public information, data, reports and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in Exhibit A, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
Section 22. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or United States mail, postage prepaid, addressed as follows:
To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Consultant: David R. Rose
PO Box 1402
Arroyo Grande, CA 93421
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
Section 23. Authority to Execute. The person or persons executing this Agreement on behalf of the Consultant represents and warrants that they have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
Section 24. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
Section 25. Modification of Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
Section 26. Waiver. Waiver by any party to this Agreement of any term, condition or covenant of this Agreement shall not constitute a waiver of any other term, condition or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any provisions of this Agreement.
Section 27. Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Santa Barbara. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
Section 28. Attorney's Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to any award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
Section 29. Entire Agreement. This Agreement, including the attached exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
Section 30. Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
EXHIBIT A – Scope of Services
Consultant will provide City with Building Inspection and minor plan check services working in conjunction with the Contract Building Official. The Building Inspector performs technical building inspection and minor plans examining work to enforce compliance with building codes, regulations, and ordinances; research new construction materials and methods; reviews plans for compliance with city, state, and federal rules and regulations; and provides information to and works with the public to resolve problems. Consultant shall perform the job of contract building inspector and communicate with staff and the public through electronic mail, telephonically, onsite and in person. In general, the Consultant will work to process permits and applications as needed.
EXHIBIT B – Compensation
1. Contract Building Inspector shall be compensated at the rate of Forty-Five ($45.00) Dollars per hour.
2. City will reimburse Contract Building Inspector the Internal Revenue Service (IRS) standard mileage rates for the use of his vehicle while performing services for the City; and
GUADALUPE POLICE DEPARTMENT
MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART I: CRIMES
TYPE OF CRIMES
REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED 187 PC HOMICIDE 00000000
261 PC RAPE 10001000
211 PC ROBEBRRY 00000000
242/245 PC ASSAULT 3 3 6 5 15 14 24 19
459 PC BURGLARY 2 1 1 0 8 4 12 2
484/487 PC THEFT 2 1 1 1 23 3 10 2
10851 VC VEH THEFT 0 0 5 0 13 9 19 4
451 PC ARSON 00001000
TOTAL 8 5 13 6 61 30 65 27
PART II: REPORTED CRIMES
REQUEST FOR SERVICE
TOTAL REPORTS TAKEN
TOTAL REQUEST FOR SERVICE
TOTAL ACTIVITY FOR THE MONTH
DOMESTIC VIOLENCE REPORT
TOTAL PROPERTY STOLEN
TOTAL PROPERTY RECOVERED
PART III: ARREST SUMMARY
OFFENCES
ADULTS JUVENILES ADULTS JUVENILES ADULTS JUVENILES ADULTS JUNENILES FELONY 5 1 2 0 14 1 25 2
MISDEMINOR 11 1 14 1 41 2 56 2
TOTAL 16 2 16 1 55 3 81 4
23152(a&b) VC ARREST
WARRANT ARREST
14 6
4 1
1 2
16 3
$698,950.00 $148.00 $715,796.00 $11,287.00
$2,500.00 $0.00 $2,900.00 $0.00
346 318 1613 1495
3 2 10 9
70 399 350
257 248 1214 1,145
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS MONTH OF MAY 2022
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 89 Agenda Item No. 6K 1a.
GUADALUPE POLICE DEPARTMENT
MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART IV: NARCOTIC ACTIVITY
TYPE OF NARCOTICS
REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED HEROIN 00000000
COCAINE 00000000
METHAMPHETAMINE 00220022
MARIJUANA 11002211
PARAPHERNALIA 11003344
TOTAL 22225577
PART V: SPECIAL DATA
OFFICER ASSULTED
INJURY ON DUTY
ADDITIONAL INFORMATION:
STAFFING: 1 POLICE CHIEF FILLED 2 POLICE SERGEANT FILLED
2 AIRPORT OFFICERS FILLED
10 POLICE OFFICERS 2 UNFILLED POSITION
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/ 1 TEMPORARY POSITION FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FULL TIME POSITION UNFILLED AS A PART‐TIME 1 EVIDENCE TECHNICIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 1 UNFILLED
COMMENTS:
105
0000
MONTH OF MAY 2022
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 0 Rev: 06/17/2021
GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
May 1, 2022 – May 31, 2022
DATE: 06/05/2022
CALLS FOR SERVICE May 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Medical 30 22 356 316
Structure Fire 1 0 1 3
Cooking Fire 0 0 4 5
Trash or Rubbish Fire 0 1 9 8
Vehicle Fire 0 0 4 2
Grass/Vegetation Fire 0 0 3 6
Other Fire 0 0 4 3
Motor Vehicle Accidents with Injuries 1 1 21 15
Motor Vehicle Accidents No Injuries 4 4 25 13
Motor Vehicle/Pedestrian Accident 0 0 0 3
Hazardous Materials Spill/Release 0 0 4 4
Hazardous Condition Other 0 1 9 12
Water Problem/Leak 0 1 6 3
Animal Problem 0 0 1 2
Search / Rescue 0 0 0 0
Public Assistance 5 4 38 16
Police Matter/Assistance 0 0 10 3
Illegal Burn 0 0 0 2
Smoke/CO Detector Activation 2 3 10 18
Dispatch and Canceled En-route 6 6 41 38
False Alarm 0 1 14 8
TOTAL 49 44 560 480
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
2 Paid Call Firefighters 4 Position Vacant
Agenda Item No. 6K 1b.
Rev: 06/17/2021
GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Santa Maria Strawberry Festival (05/01/22)
- AHA Heartsaver First Aid Class (05/09/22)
- AHA Heartsaver CPR/AED Class (05/10/22)
- Fire Extinguisher Training (Senior Center/ Police Office Staff (05/12/22) - Earthquake Drill (Mary Buren School) (05/25/22)
- Earthquake Drill (McKenzie Jr High) (05/27/22)
- Memorial Day Ceremony (05/27/22)
CODE COMPLIANCE CASES May 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Business License (GMC 5.04.040) 0 0 2 0
Litter Accumulation (GMC 8.12.020) 0 0 0 9
Abatement of Weeds and Rubbish (GMC 8.16.010) 6 0 6 1
Working Without Permits (GMC15.04.020) 0 0 0 4
Address Number (GMC 15.08.020 (505.1)) 3 0 3 7
Complaints (No Violation Found) 1 0 6 4
Apartment Inspections 0 0 80 0
Yearly Business Inspections 7 4 55 5
Other 2 1 14 12
TOTAL 19 5 166 42
Complaints Received 1 0 11 9
Miscellaneous This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Visitors 20 21 235 255
Public Relations 8 6 46 22
School Visits 0 3 4 0
GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
MAY 1, 2022 – MAY 31, 2022
DATE: 6/01/2022
CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Business License (GMC 5.04.040) 0 0 1
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 1 0 4 Fowl, Livestock and Wild Animals (GMC 6.04.210) 1 0 1
Litter Accumulation (GMC 8.12.020) 0 1 5
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 1 5
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 0 0 7
Graffiti Abatement (GMC 9.07.060) 1 0 2
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 1 7 14 Portable/fixed basketball goals (GMC 10.48.050) 0 0 0
Parking of large vehicles/trailers (GMC 10.24.190) 0 0 1 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 0 0
Working Without Permits (GMC15.04.020) 0 1 4
Address Number (GMC 15.08.020 (505.1)) 0 0 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 1
Parking on Front Yard Setback (GMC 18.60.035) 1 1 8
Trailers/Mobile homes as living space (GMC 18.56.030) 0 0 1 Residential Solid Waste Collection (GMC 8.08.070) 0 0 2 Landscape Maintenance Required (GMC 18.64.120) 6 0 12
Discharge of illegal fireworks (GMC 8.24.020) 0 0 0
72hr Parking 3 7 43
Code 60 Citations 0 2 15
TOTAL 14 25 126
Complaints Received 6 5 28
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 5 School Visits () 0 0 0
Agenda Item No. 6K 1c.
Agenda Item No. 6K 2
RECREATION AND PARKS MONTHLY REPORT
For May 2022
Summary of Rentals/Usage for City Facilities & Parks
FACILITY THIS MONTH THIS MONTH
LAST YEAR
THIS YEARTO-DATE
(FY 21/22)
LAST YEARTO-DATE
(FY 20/21)
Auditorium/Gym 4 6 47 71
O’Connell Park 21 0 54 1
LeRoy Park 0 0 0 0
Senior Center 12 5 89 53
Veterans Memorial
Plaza
1 0 6 4
Council Chambers 9 21 20 123
Central Park 0 0 0 2
Veterans Hall 1 n/a 17 n/a
Foodbank Distribution
The Guadalupe Senior Center is one of the four Guadalupe sites used for monthly Food Bank distributions. The distribution at the Senior Center occurs on the first Thursday of every month. The volunteer team has been led by Guadalupe Mayor, Ariston Julian, and his spouse, Lourdes Ramirez.
Community volunteers work alongside city employees and employees from Los Amigos de Guadalupe. Besides the on-site drive through and walk-up distribution, 51 deliveries of food are taken directly to homes of elderly, disabled and/or homebound individuals and families at high risk Recreation and Parks
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Ph: 805.356.3906
Fax: 805.343.5512
Email: [email protected]
Agenda Item No. 6K 3
for COVID-19. In addition to this monthly Food Bank distribution at the center, Los Amigos de Guadalupe coordinates bimonthly Food Bank deliveries to approximately 30 homes of elderly, disabled and/or homebound individuals/families at high risk for COVID-19, every other Wednesday.
For the month of May, here is info for the monthly distribution:
Families Served On Site: 235
Individuals Served On Site: 1024
Families Deliveries: 51
Individual Delivered: 201
Total Families: 286
Total Individuals: 1,225
Auditorium
Auditorium repairs continue to be made. The heaters have been installed, most of the electrical is done, the crash mats are in place, and repairs to the ceiling and windowsills have been completed.
RFQ for painting will be prepared soon now that the necessary work prior to painting has been addressed. The stage floor work is scheduled for the week of June 20th. Curtains for the windows will soon be ordered as well. The deposit for the C-train has been made and an estimated delivery date will soon follow.
COED Adult Softball League
Registration for Adult League Softball closed on May 23rd. A manager’s meeting was held on Wednesday, May 25th to go over rules and answer any questions the managers had. The season will begin on Thursday, June 9th. Games will be held on Thursday evenings at Jack O’Connell Park starting at 5pm.
Drop-in Sports for ages 16+
Free Drop-in volleyball and basketball for ages 16+ are currently taking place. Drop-in volleyball is being held on Wednesdays from 5pm – 7pm. Drop-in Basketball is being held on Fridays from 5pm – 7pm. They are held at the City Hall Auditorium. Participants ages 16 & 17 must provide a permission slip/liability waiver signed by a parent/legal guardian in order to participate. This form can be found on the Recreation Page of the city website. Go to https://ci.guadalupe.ca.us/recreation/ Las Puentes Unidos Resource Fair
In coordination with SER jobs for progress and the Fresno Community Center for the Arts & Technology (CCAT), the Recreation Department will be providing a resource fair to the community on Saturday, July 23rd. The event will include a drama and dance performance that addresses the difficulties that families have faced during the pandemic. The main goal of the event, however, is to draw residents from the Guadalupe community in so that they can be informed on what services and programs are available to them. Doors will open at 3pm and this will be the time that residents will be encouraged to walk around the various booths provided and retrieve information. The performance will start at 4pm and end around 5:45pm. After the end of the performance, residents would be provided with another 30 minutes to walk around and view information at the booths. This event is free.
Color Fusion 5k
A color run is currently being planned for Saturday, July 30th. This color walk/run will feature a designated 1-mile walk/run course at Jack O’Connell Park. To complete the 5k, participants will run 3 laps of the course. During the race participants will be doused with colored powder at various color stations ending with one final color toss celebration at the finish line. This event aims to promote healthy and active lifestyles, as well as family togetherness and community cohesion.
Registration will open Friday, June 17th. Registration forms will be on the city website’s recreation page. To register, participants will need to either schedule an appointment with the Recreation Services Manager or stop by the Recreation Office. Payment is due upon registration. The registration fee will be posted on June 17th. This will be advertised on the marquee, through flyers, and via Facebook post through LADG.
Zumba classes are now being held at the Jack O’Connell Park basketball courts Monday through Thursday from 6:00pm to 7:30pm weather permitting.
Respectfully,
Hannah Fuentes
Recreation Services Manager
City of Guadalupe
• Color run
• Facilities and Parks Fee Schedule
• Mural
• Softball Field renovations
• Volleyball league
• Ribbon Cutting for O’Connell
MAYOR’S REPORT
June 28, 2022
(Information below may be subject to change)
1. Recreation and Parks Commission Meeting Minutes (April 13, 2022) See attachment 1 of the April 13, 2022, Recreation and Parks Meeting Minutes.
2. Agreements with the various groups, such as the Boys & Girls Club, Allan Hancock College, and SER Jobs for Progress, Veterans Hall MOU are ongoing.
3. Childcare Opportunity
On Friday, June 17, 2022, City Planner Bill Scott, and the City Administrator met with Casa Dei Bambini who looked at different opportunities for opening a childcare facility in Guadalupe.
To no avail, they asked the City about possible building envelop opportunities. They asked about rent amounts, possible locations, permitting and City processes. They are under a time constraint for the State grant funding reporting. Staff is looking for locations as this is needed.
This group asked if they could use the Le Roy Park Facility, possibly as a dual use with the Boys and Girls Club and SERS for Progress. At this point, the City Administrator said the building is intended for recreational purposes and it would be very crowded to fit everyone in the building. Casa Dei Bambini said they’d pay rent for use of approximately 2000 square feet of space.
4. Street Calming Ideas – Pasadera/Other Areas of the City Recently, there has been some ‘chatter’ about the speeding in Pasadera. The streets in the Pasadera development are currently the responsibility of the developer. The public streets are estimated to be transferred over to the city in August/September 2022. Public Works has provided a list to include needed punch list items/completions and street upgrades before their transfer i.e., slurry seal, etc. How do we pay for these safety measures? City staff is looking at methods to explore, including having the affected property owners pay for such devices by way of city policies regarding speed calming measures throughout the City.
5. Le Roy Park Vandalism see email notes
During the weekend of June 17th, the new Le Roy Park exterior bathrooms were tagged, and a spin out occurred in the driveway. Chief Cash has knowledge of who the offenders are.
6. Council Response to Food Trucks Program
According to the Contract Planning Director Larry Appel, the City Council was supposed to return comments about the food truck program & matrix. The mayor returned his comments.
Larry figures that the City is very busy with goal setting and budget meetings, and this is Agenda Item No. 9
probably a back burner subject. Larry is going to wait until mid-summer and then have the City Administrator send it out again and see if we get something from Council. More to come…..
7. Future Land use Planning Services
The Associate Planner position was not considered, for the time being, coming out of the June 15th City Council Budget Workshop. Long term, it means that the City may need to find a replacement for the Contract Planning Director Larry Appel. He is retiring at the end of 2022.
Larry informed staff that he will give the City plenty of notice before dropping back to a support role (doing GP implementation and Zoning Ordinance rewrites), but that day is coming. Contract Planner Bill Scott is looking at finishing up at the end of the year too, so the city could be in a ‘pickle.’ The City Administrator is now asking to see if the two consultants are willing to stay on board through 2023 if Council stands by not hiring an Associate Planner.
Worst case scenario is to hire a planner from a planning firm, but that is incredibly expensive.
The City Administrator still recommends the hiring of an in-house/full-time and essentially cost neutral Associate Planner.
8. Non-Profit Organizing Grant - $8,000
City staff is working with LADG and wanted to let Council know about a grant award received from the Fund for Santa Barbara. It’s a small award, $8,000. The award is for us to organize the nonprofits and service providers of Guadalupe to form organization, lose or formal to support each other in each other’s missions. LADG intends this process to be like the work they did to get the GBA up and running. This group maybe wants to be an actual 501 (C6) or it may just want to have a structure more lose, like a monthly lunch meeting to share needs and event, ask for help. Its goal is to drive as much as possible to as formal as possible, but ultimately it will be the group’s decision. It will be important, like the GBA, to have the city involved! I believe Tom Brandeberry is looking for a Council Member to part of this initiative.
The City is also a nonprofit and a service provider and the “group” could support our needs too.
9. Guardrails
Council Member Costa approached the City Administrator in finding a way to install guard rails on the edge of roadway on the 11th Street bend (both sides of street), heading into and out of town on 11th Street near the Almaguer. City staff is thinking that perhaps this could be folded into the design of the 11th St. multimodal path improvements. More to discuss…..
10. 151 Obispo Street/Taylor Farms
City staff is working with both the 151 Obispo Street cannabis manufacturing operation to find a way to finish the Conditional Use Process in coordination with their neighbor, Taylor Farms.
City staff discussed if we should include as a condition on one or both of these projects that Obispo and Fourth Street intersection be improved with a stop sign and enhanced pedestrian crossing if either or both of these companies wish to route the traffic onto Obispo Street from
Fourth Street. These improvements would slow traffic on Obispo, enhance safety, and help address some of Caltrans concerns about increased traffic on Main Street.
Bonus if we can also include moving the bus station to the Southwest corner as part of these improvements.
Several City staff, including planning consultants with the City, Taylor Farms Corporate staff also discussed property line developments on the property the two own. What came into play was the intersection at #166, SPRR, the Obispo Street/#166 signalization, as well as the Pasadera/DJ Farms owners. All were concerned with that area in around Obispo Street/#166 HIGHWAY #1 AND SPRR and its impact on the City of Guadalupe, local businesses, residents at Pasadera, etc. Lots of pieces to this puzzle.
11. Charter/Spectrum Issues
As you know, the City is experiencing issues with the audio from our cable viewers. City staff/consultants are saying that based on the tests performed, everything up to the fiber connection was good. The County does not want anything to do with the older equipment, so the TEAM is looking at ways to find someone like Charter/Spectrum to replace the old faulty equipment…….
12. Racoons – City Hall
As of yesterday, around 10 p.m., GFD confirmed two entry points for wild racoons into City Hall, both through roof vent access, and ground level understory vent access. After hearing loud noises in the attic for several hours, GFD investigated and found the animals making entry through these voids. Being that ethernet, phone lines, electrical and various other systems run through these areas (and they are interconnected throughout all of City Hall, this may be an urgent matter. As witnessed previously, they will damage these systems.
13. Housing Element – Round 6
The Contract Planning Director Larry Appel had a phone meeting with HCD to discuss our need for a Round 6 Housing Element (HE). He recently learned that although our approved HE was adopted from 2019-2027, that it would not be sufficient to cover the needs for round
6. That new HE is due to HCD no later than February 15, 2023. This is very important to the City but comes with a high price tag and our proposed FY 22-23 will not be able to support this endeavor, at present. More to come and understand about potential cost associated with this work. We are going to try to obtain CDBG grant funding to pay for this grant effort.
14. Ribbon Cutting.
Councilmember Liliana Cardenas is working with staff to have a ribbon cutting event for our new Jack O’Connell playground equipment. The installation of a new playground at this park is important to celebrate since we have not had one in years.
END OF REPORT
ATTACHMENT 1
MINUTES
CITY OF GUADALUPE
MEETING OF THE RECREATION AND PARKS COMMISSSION
WEDNESDAY, APRIL 13, 2022
Call to Order: Recreation Commission Chair-Joe Harris called the meeting to order at 6:00 p.m.
Roll Call: Recreation Manager, Hannah Fuentes, noted the Commissioner attendance as follows:
Commission Chair: Joseph Harris- Present
Commissioner: Enrique Ortiz- Absent
Commissioner: Robert Salinas- Present
Commissioner: Jesse Ramirez- Present
Commissioner: Emily Dreiling - Present
Pledge of Allegiance:
Commissioner Chair Joe Harris was recognized and led the Commission in the pledge of allegiance.
Community Participation Forum:
No participation.
Consent Calendar:
1. Motion was made by Salinas, seconded by Dreiling to approve the March 9, 2022, minutes. All ayes, 4/0. Motion passed.
Regular Business:
1. Auditorium Ad Hoc Committee Verbal Update - Recreation Services Manager, Hannah Fuentes, presented updates on the Auditorium Upgrades. Electrical and hallway lighting have been completed. The wall mats have been ordered and we are waiting for delivery.
Two quotes for the storage unit have been procured, but Ms. Fuentes will be requesting a quote from Midstate Containers. Ocean Air sent an agreement to Public Works Director, Shannon Sweeney, for the installation of the furnace.
2. Jack O'Connell Ad Hoc Committee Verbal Update - Ms. Fuentes updated the commission on the playground equipment that will be installed at O'Connell Park. The play structure has been delivered and is being stored at the wastewater treatment plant. Play structure installation should begin on May 23, 2022. Commissioner Dreiling recommended that the commission plan a ribbon cutting or
April 13, 2022 City of Guadalupe Recreation & Parks Commission Minutes
Agenda Item No. 10
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 28, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Public hearing to consider TrusPro Addition and Solar project, 2022-095-DR, to approve two additions to the shop building totaling 1705 square feet and approve a roof-mounted photovoltaic system totaling 38.48 kW (370 modules).
EXECUTIVE SUMMARY:
The proposed project has been submitted by Steve Herring, President of TrusPro and owner of the property. Staff initially tried to prepare a Minor Design Review permit which would have kept this at a staff level, but due to the size of the unpermitted additions, Section 18.73.20 requires the permit to be considered by the City Council
RECOMMENDATION:
It is recommended that the City Council:
1) Receive a presentation from staff;
2) Conduct a public hearing, including: a) an opportunity for the applicant to present the proposed project, and b) receive any comments from the public; and 3) Adopt Resolution No. 2022-55 approving 2022-042-DR, including DR Findings, CEQA Class 32 Exemption and Conditions of Approval.
BACKGROUND:
This project was originally submitted on April 14th with a request for a Zoning Clearance for the solar project. During a site visit it was obvious that additional construction had occurred that expanded the shop building beyond what was noted through Goggle Earth research. The owner was contacted, and he explained that they needed more room for the sawing process, so they proceeded to construct two additions to the buildings without the benefit of a permit. Measurements were taken of the two additions and then compared to the Design Review regulations, and it was determined that the addition exceeded the size for a staff level permit. The owner was informed that he would need to submit a regular Design Review application. The application and fees were submitted on June 1st.
DISCUSSION:
Project Description
Larry Appel
The project includes the two as-built additions totaling 1705 square feet as well as the solar panel element of the project. Once installed, the solar project will generate 38.48 kW. No further construction is anticipated by the company. Table 1 provides additional site information.
Table 1: Site Information
Location Obispo Street
APNs 115-140-028
Zoning G-I, General Industrial Zone District
Land Use Designation General Industrial
Project size 3 Acres
Present Use Truss Factory
Surrounding Uses North: G-I, existing industrial
South: G-I, existing industrial
East: R-1, existing residential
West: G-I, existing industrial
GENERAL PLAN CONSISTENCY
Policy #20 – “The City will provide for quality Industrial development through the use of performance standards.”
The proposed project has been evaluated against the standards shown in Section 18.44.040 and have been found consistent with them. The project is consistent with this goal. -Policy #23– “Proposed industrial activities shall be served by service infrastructure without detriment to the existing service systems.”
The proposed project has existed for decades with all infrastructure being provided by the City. With the addition of the solar panels, the business will significantly reduce their infrastructure costs. The project is consistent with this goal.
ZONING CONFORMITY ANALYSIS
Zoning Designation: The purpose of Section 18.44, G-I General Industrial District is to provide a district that permits agricultural processing or support industries and other general industrial uses in conformance with the Land Use Element of the General Plan. The proposed development would be consistent with this zoning designation.
Design Review: Chapter 18.73 of the Guadalupe Municipal Code provides direction in processing this type of application. The “DR” review is required for all additions to commercial projects over 500 square feet. Specific Findings are presented in Section 18.73.100 which ensures that project is compatible with surrounding development.
Design Standards: The project has been designed to be consistent with all the development standards contained in Chapter 18.52, Design and Development Requirements.
Parking: Section 18.60.050.F.2 states that industrial uses must provide one space per 520 square feet of gross floor area. With the addition of 1705 square feet, the business would need to add two parking spaces. However, the site is quite sparsely developed, and there are currently ample areas for parking, so no additional striped parking will be required.
Lighting: Sufficient lighting exists on each building’s exterior along with lighting throughout the truss layout areas.
CEQA REVIEW
The current project was evaluated for consistency with CEQA and a Categorical Exemption (Class 32) was prepared for the project. This section is used when a project is considered an “infill” development. To utilize this exemption, the project must be consistent with applicable General Plan policies (see discussion above), the project is within the City limits and is not more than five acres in size, the site has no value for habitat for rare, endangered or threatened species, the project will not have any significant effects relating to traffic, noise, air quality, or water quality, and finally the site can be adequately served by all required utilities and public services. Since the project met all these criteria, the Class 32 exemption is appropriate.
PUBLIC NOTICE:
Staff published the required Public Hearing Notice in a newspaper of general circulation on Friday, June 17, 2022. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property. The notice identified the City Council meeting on June 28, 2022.
CONCLUSION:
This is a simple Design Review project which due to size, has required approval through the City Council.
Should the Council approve the project, the as-built additions will be legalized and after approval, the zoning clearance (2022-032-ZC) can be approved for the solar project. That will allow the building department to then issue the building permit if the permit is ready to issue. Minimal conditions have been placed on the project for Council consideration.
ATTACHMENTS:
1. Resolution No. 2022-55
2. Project Plans
RESOLUTION NO. 2022-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING THE DESIGN REVIEW PERMIT FOR TRUSPRO (2022-042-DR)
WHEREAS, TrusPro (the “Applicant”) has submitted an application for a design review permit (2022-042-DR), to secure approvals for two As-Built additions totaling 1705 square feet along with a proposal to add 38.48 kW of solar (370 modules) to the roof of the Shop Building at 695 Obispo Street within the City of Guadalupe (APN 115-140-028); and WHEREAS, the City Council held a duly-noticed public hearing on June 28, 2022, at which time all interested persons were given the opportunity to be heard, and notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing. Said public hearing notice was also mailed to all property owners within 300 feet of said property also receiving notice; and
WHEREAS, after taking public testimony and hearing evidence from City staff, the City Council finds, pursuant to the CEQA Exemption attached as Exhibit 1, Findings attached to this Resolution as Exhibit 2, and subject to the project’s Conditions of Approval attached to this Resolution as Exhibit 3, that the approval of the Design Review Permit, is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code, and including findings pursuant to the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Guadalupe does hereby find and determine as follows:
Section 1. The Findings set forth in Exhibit 2 to this Resolution are true and correct and reflects the independent judgement of the City Council in regards to the Design Review, which are hereby adopted and incorporated herein by this reference.
Section 2. The Design Review Permit is approved, subject to the Conditions of Approval set forth in Exhibit 3 of this Resolution.
Section 3. The City Clerk shall certify as to the adoption of this Resolution.
Section 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 28th day of June 2022 by the following vote:
ATTACHMENT 1
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-55, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 28, 2022, and that same was approved and adopted.
ATTEST:
__________________________________ __________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara
123 E. Anapamu Street
918 Obispo Street
Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: TrusPro As-Built Additions and roof-mounted Solar Project Project Applicant: Steve Herring, President, TrusPro.
Project Location-Specific: 695 Obispo Street
Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:
The project is a minor Design Review permit to allow development of a roof-mounted 38.48 kW solar array and 1705 square feet of additions to the Shop Building. This project is deemed minor in nature.
Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: Steve Herring Exempt Status: (check one)
__Ministerial (Sec. 15268);
__ Declared Emergency (Sec. 15269(a));
__ Emergency Project (Sec. 15269(b)(c));
XX Categorical Exemption. State type and section number: Section 15032 (Class 32) General Exemption (Section 15061(b)(3))
Reasons why project is exempt:
The solar system will generate zero carbon emissions, and produce clean, renewable energy during its estimated 30 year life. There will be no audible noise outside the boundaries of the solar panels. The two building additions were constructed to house new sawing stations and are an integral part of the Shop Building. After reviewing this minor project completely, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.
Contact Person: Larry Appel (Area Code) Phone Number/Ext: (805) 287-9494 Signature: _______ Title: Contract Planning Director
Date received for filing at County Clerk’s Office: ________________ (Form prepared March 2018)
Exhibit 2
FINDINGS FOR APPROVAL
DESIGN REVIEW PERMIT (2022-042-DR)
TRUSPRO EXPANSION AND ROOF SOLAR PANELS
1.0 CEQA Findings
1.1 CONSIDERATION OF THE CEQA EXEMPTION AND FULL
DISCLOSURE
The City Council has considered the Categorical Exemption (Class 32) together with the comments received and considered during the public review process for the project. The Categorical Exemption have been completed in compliance with CEQA, and is adequate for this proposal.
1.2 FINDING OF NO SIGNIFICANT EFFECT
On the basis of the whole record, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.
1.3 LOCATION OF DOCUMENTS
The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of the City of Guadalupe, 918 Obispo Street, Guadalupe, CA 93434.
2.0 Administrative Findings
2.1 DESIGN REVIEW FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.73.100, a Design Review Permit shall be approved only if all of the following findings can be made:
A. The buildings, structures, and landscaping are appropriate and of good design in relation to other buildings, structures, and landscaping on-site or in the immediate vicinity of the project.
The TrusPro facility has been in operation since 1986 when the site was first developed.
The design and layout work efficiently on the three plus acre parcel. Adequate landscaping is provided along Obispo Street.
B. That the development will be compatible with the neighborhood, and its size, bulk and scale will be appropriate to the site and the neighborhood.
The closest building is setback over 70 feet from Obispo Street. L There are no residential neighbors adjacent to this facility. The railroad is located to the west and a farm field is located to the east. The bulk and scale of the facility is therefore appropriate for the site.
C. There is harmony of material, color, and composition of all sides of a structure or buildings as well as consistency and unity of composition and treatment of exterior elevation.
Additions to the Shop Building have been painted to match the existing buildings. The solar panels will be facing south and will not be seen by those driving along Obispo Street.
D. Any mechanical or electrical equipment is well integrated into the total design concept and screened from public view to the maximum extent practicable.
No mechanical or electrical equipment is located in an area that can be seen from public view.
E. All visible on-site utility services are appropriate in size and location.
All utility service equipment are of typical size and will be screened by landscape as appropriate. Water, gas, and fire connections will be in vaults or in discrete locations around the building.
F. The grading will be appropriate to the site.
No grading is required for this project.
G. Adequate landscaping is provided in proportion to the project and the site with due regard to the preservation of existing trees, and existing native vegetation, and adequate provision will be made for the long-term maintenance of such landscaping.
Mature landscaping exists along Obispo Street and adequately screen the operation.
H. The development will not adversely affect significant public scenic views.
There are no public scenic views in this area.
I. All exterior site, structure and building lighting is well-designed and appropriate in size and location.
There is no proposed lighting as part of the current project. All existing lighting is required for security and safety.
J. The proposed development is consistent with any additional design standards as expressly adopted by the City Council.
All existing design standards are being respected, and the addition of the solar panels will not pose an adverse design impact on Obispo Street.
K. The project architecture will respect the privacy of neighbors and is considerate of solar access.
There are no residential neighbors to be impacted in this location.
L. The project will provide for adequate street design and sufficient parking for residents and guests in a safe and aesthetically pleasing way.
Sufficient parking is provided on site for employees as well as customers.
M. The proposed development as shown on the project plans is in conformance with all applicable policies of the General Plan and the requirements of this title.
The staff report provides evidence that the project is consistent with applicable goals and policies of the General Plan and is consistent with the zoning ordinance.
Exhibit 3
CONDITIONS OF APPROVAL
TRUSPRO DESIGN REVIEW
(2022-042-DR)
GENERAL CONDITIONS
1. Project Description: Subject to the conditions set forth below, this permit authorizes the improvements and uses requested by Application No. 2022-042-DR, shown in the project plans on file with the City of Guadalupe. The project includes approval of additions to the Shop Building (1705 square feet) as well as 38.48 kW of solar (370 modules) to be installed on the roof The project shall be constructed as shown on Sheet 1, June 28, 2022. Deviations may require amendments to the permit, including CEQA review. Deviations without the above-described approval will constitute a violation of the permit approval.
2. The applicant shall submit and obtain building permits for the two as-built structures and the proposed solar project.
3. In the event that any condition imposing a fee, exaction, or dedication is challenged by the project sponsors in an action filed in a court of law or threaten to be filed therein which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and substitute conditions may be imposed.
4. In accordance with Sections 18.73.120 of the City Municipal Code, this Design Review approval shall expire two (2) years from the date of final approval, unless a building permit for the proposed improvements has been obtained prior to expiration. Up to two one-year time extensions may be granted for good cause. An extension must be filed with the City prior to the permit’s expiration date.
PLANNING DEPARTMENT CONDITIONS
5. Commencement of work. The applicant shall notify City Planning Department and City Building Department staff of the start date for construction at least 5 working days in advance of the start of work. This notification shall also include an estimated construction schedule and a truck haul route for demolished and recycled materials.
The applicant shall also notify City staff of the completion of construction and demolition work no more than one working day upon completion.
6. Recycling. Excess construction materials and demolition materials shall be recycled to the extent feasible and proof of recycling in the form or a receipt from the recycling facility noting recycled materials and amounts shall be provided to City staff.
7. Fees. Prior to Zoning Clearance, the applicant shall pay all applicable permit processing fees in full, including but not limited to building permit fees.
8. Zoning Clearance. No Building Permit shall be issued until a Zoning Clearance has first been issued by the Planning Department for the As-Built construction as well as the solar project.
9. Compliance with Conditions. The applicant shall be in compliance at all times with these conditions. If complaints are filed with the City, staff will review the complaints and determine if a meeting with the applicant and complainants can resolve the issue(s). If no resolution is reached, a hearing will be scheduled before the City Council for staff to present a recommendation to resolve the issue(s). The applicant shall be responsible for the fees to cover staff’s time.
10. Construction Hours. The Owner /Applicant, including all contractors and subcontractors shall limit construction activity, including equipment maintenance and site preparation, to the hours between 7:00 a.m. and 5:00 p.m. Monday through Friday.
No noise-generating construction shall occur on weekends or State holidays. Non-noise generating interior construction activities such as plumbing, electrical, drywall and painting (which does not include the use of compressors, tile saws, or other noisegenerating equipment) are not subject to these restrictions. The applicant is advised that building inspectors and planning staff will spot check and respond to complaints.
11. Design Review Expiration. The Owner/Applicant shall obtain the required Zoning Clearance within the 24 months following the effective date of this Design Review Permit. If the required Zoning Clearance is not issued within the 24 months following the effective date of this Design Review Permit, or within such extended period of time as may be authorized in compliance with Section 18.73.120.B of the Guadalupe Municipal Code, and an application for an extension has not been submitted to the Planning Department, then the Design Review permit shall be considered void and of no further effect.
12. Design Review-Void. This Design Review Permit shall become void and be automatically revoked if the development and/or authorized use allowed by this Design Review Permit is discontinued for a period of more than 12 months, or within such extended period of time as may be authorized in compliance with Section 18.73.120.B of the Guadalupe Municipal Code. Any use authorized by this Design Review Permit shall immediately cease upon expiration or revocation of this Design Review Permit. Any Zoning Clearance approved or issued pursuant to this Design Review Permit shall expire upon expiration or revocation of the Design Review Permit. Design Review Permit renewals must be applied for prior to expiration of the Design Review Permit.
13. Time Extensions-All Projects. The Owner/Applicant may request a time extension prior to the expiration of the permit or entitlement for development. The review authority with jurisdiction over the project may, upon good cause shown, grant a time extension in compliance with City rules and regulations, which include reflecting changed circumstances and ensuring compliance with CEQA. If the Owner/Applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts.
End of Conditions
ATTACHMENT 2
Agenda Item No. 11
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 28, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Pasadera Landscaping and Lighting District (FY 2022-23) – Public Hearing RECOMMENDATION:
It is recommended that the City Council conduct a public hearing to provide all present with the opportunity to speak regarding the assessments for the Pasadera Landscaping and Lighting District and that the City Council adopt Resolution No. 2022-56 confirming the Engineer’s Report, Assessment Diagram, and assessments related thereto for Fiscal Year 2022/2023.
DISCUSSION:
At the October 10, 2017, City Council Meeting, the City Council formed the Pasadera Landscaping and Lighting District (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 after conducting a protest ballot proceeding regarding the assessments for the District, pursuant to the requirements of the California Constitution Article XIII.D. The District was formed to establish a dedicated revenue source to fund the expenses related to the special benefit to properties in the District for the ongoing maintenance, operation and servicing of the local parks, landscaping, and street lighting improvements established in connection with development of those properties (planned commercial and residential developments) identified in the DJ Farms Specific Plan and commonly referred to as the Pasadera development, which is generally located on the south side of Main Street near Obispo Street and Flower Avenue.
At build-out, it is anticipated that this District will incorporate approximately eight hundred and two (802) single-family residential home sites; twenty-one (21.49) acres of non-residential development (commercial service and commercial neighborhood); a fourteen (14.37) acre school site; and various associated public areas, easements, and rights-of-way.
The proposed annual assessments to be levied and collected on the County Tax Roll for Fiscal Year 2022/2023 are presented and more fully described in the attached Engineer’s Report and these assessments will provide funding for the net special benefit costs and expenses that are estimated to be necessary to service and maintain the local parks, landscaping, and lighting improvements associated with and resulting from the development of properties within the District for Fiscal Year 2022/2023. At the June 14, 2022, Council Meeting, the City Council’s adoption of the Resolution of Intention and
Shannon Sweeney
preliminary approval of the Engineer’s Report for Fiscal Year 2022/2023, and set June 28, 2022, as the public hearing regarding the annual levy of assessments for Fiscal Year 2022/2023.
Tonight, staff recommends that the City Council:
(1) Open the public hearing to accept public testimony and any written protests regarding the District, the engineer’s report, and proposed annual assessments described therein for Fiscal Year 2022/2023. (2) Upon conclusion of the public testimony, the Mayor will close the public hearing and the City Council may adopt the Resolution which approves the annual Engineer’s Report and orders the levy and collection of assessments on the County tax rolls for fiscal year 2022/2023 as described in the Engineer’s Report.
The deadline for submission of the assessment to be included on the County tax rolls is August 10, 2022.
ATTACHMENTS:
1. Engineer’s Report entitled “City of Guadalupe, Engineer’s Report, Pasadera Landscaping and Lighting District, Engineer’s Annual Report, Fiscal Year 2022/2023”.
2. Resolution 2022-56, confirming the Engineer’s Report, the Assessment Diagram and Assessments related thereto for the Pasadera Landscaping and Lighting District, Overruling all Protests concerning the Assessments, and Approving the Levy and Collection of the Assessments for Fiscal Year 2022/2023.
CITY OF GUADALUPE
Engineer’s Report
Pasadera Landscaping and Lighting District
Engineer’s Annual Report
Fiscal Year 2022/2023
Intent Meeting: June 14, 2022
Public Hearing: June 28, 2022
CITY OF GUADALUPE
918 OBISPO STREET
GUADALUPE, CA 93434
MAY 2022
PREPARED BY
WILLDAN FINANCIAL SERVICES
27368 Via Industria, Suite 200
Temecula, California 92590
T. 951.587.3500 800.755.6864
F. 951.587.3510 888.326.6864
www.willdan.com/financial
ATTACHMENT 1
Table of Contents
Introduction...............................................................................................1 Report Content and Annual Proceedings................................................................ 1 Part I — Plans and Specifications ...........................................................5 Description of the District......................................................................................... 5 Zones of Benefit ........................................................................................................ 5 Description of the District Improvements ............................................................. 10 Part II — Method of Apportionment.......................................................16 Legislative Authority and Provisions..................................................................... 16 Benefit Analysis....................................................................................................... 17 Assessment Methodology ...................................................................................... 21 Part III – Estimate of Costs.....................................................................28 Calculation of Assessments................................................................................... 28 Zone Budgets and Assessments ........................................................................... 29 Assessment Range Formula .................................................................................. 31 Part IV — Assessment Roll ....................................................................32 Part V — District Diagrams ....................................................................33 District Diagram – Boundary and Zones, Fiscal Year 2022/2023......................... 34 District Diagram –Development and Improvements Proposed at Buildout........ 35 District Diagram – Development and Improvements, Fiscal Year 2022/2023 ..... 36 Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Introduction
On October 10, 2017, the City Council of the City of Guadalupe, County of Santa Barbara, State of California (the “City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisions of the California Constitution Article XIII D (the “Constitution”), formed the City’s maintenance assessment district designated as:
Pasadera Landscaping and Lighting District
(hereafter referred to as the “District”), and established the maximum assessments determined to be necessary to support and maintain various landscaping and lighting improvements that will provide special benefits to properties within the District which includes all lots and parcels of land within the planned non-residential and residential development area identified in the DJ Farms Specific Plan and commonly referred to as the Pasadera development (hereafter referred to as the “Pasadera Development”) located on the south side of Main Street near Obispo Street and Flower Avenue.
Report Content and Annual Proceedings
This Engineer’s Annual Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the District and the levy and collection of annual assessments related thereto for fiscal year 2022/2023.
This Report outlines the District structure, the improvements, and the proposed assessments to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements for fiscal year 2022/2023. The annual assessments to be levied on properties within the District will provide funding for the continued operation and maintenance of the local parks, landscaping and lighting improvements within the District and zones of benefit (“Zones”) established herein, which provide special benefits to the properties within the District and each respective Zone.
To adequately provide and fund the parks, landscaping and lighting improvements constructed and installed in connection with the development of properties within the District for fiscal year 2022/2023, the City Council has determined that it is appropriate and in the public’s best interest to levy annual assessments on the County tax rolls for the benefit of properties therein to fund the estimated special benefit improvement costs that are considered necessary to maintain and service the improvements. Furthermore, the improvements to be provided and funded in whole or in part by the District assessments are consistent with the development plans and specifications for the Pasadera Development and the overall improvements outlined in the DJ Farms Specific Plan which are on file in the Office of Public Works of the City of Guadalupe and by reference these plans, and specifications are made part of this Report.
Each Zone (incorporating the sub-zones therein) outlined in this Report is a reflection of the various improvements and the types of improvements and services to be provided by the District for the properties that are directly associated with and benefit from those improvements. The net annual cost to provide the improvements in each Zone is based on the various improvements and the types of improvements and services to be provided by the District for the properties that are directly associated with and benefit from those improvements and the net cost of providing those improvements and services are allocated to the benefiting properties within the Zones using a weighted method of apportionment (refer to Assessment Methodology in Section II, Method of Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the provisions of the California Constitution and the District shall incorporate each parcel that will receive special benefits from those improvements.
The estimated cost of the improvements and the proposed annual assessments budgeted and assessed against properties within the District and each respective Zone may include, but are not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; the collection of funds for operational reserves or for periodic maintenance and improvement rehabilitation projects; deficits or surpluses from prior fiscal years; and revenues from other sources as authorized by the 1972 Act. Each parcel is to be assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit. Each fiscal year, the City shall establish the District’s assessments based on an estimate of the costs to maintain, operate and service the improvements for that fiscal year and available revenues including fund balances, general benefit contributions, any additional contributions from other revenue sources, and the assessment limits established for the District and Zones.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Santa Barbara County Assessor’s Office. The Santa Barbara County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the District assessments.
At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. Based on those public comments and written protests, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments for fiscal year 2022/2023 pursuant to the 1972 Act. The assessments as approved will be submitted to the Santa Barbara Auditor/Controller to be included on the property tax roll for each parcel.
As required by the 1972 Act, this Engineer’s Report describes the improvements to be provided, maintained and serviced by the District, an estimated budget for the District improvements, and the proposed assessments to be levied upon each assessable lot or parcel within the District for fiscal year 2022/2023.
If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
This Report consists of five (5) parts:
Part I — Plans and Specifications:
This section provides a general description of the District and the improvements for which parcels are assessed. The assessments outlined in this Report are based on the improvements and appurtenant facilities that provide special benefits to the properties within the District and generally consist of local parks, various landscaping improvements, street lighting, and related appurtenant facilities and operational expenses authorized pursuant to the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements to be provided at build-out of the District, and specifically those improvements that have been installed and may be accepted and maintained for fiscal year 2022/2023. In conjunction with these general descriptions of the improvements, visual depictions of the landscaping and lighting improvements that have been installed and may be accepted for maintenance for fiscal year 2022/2023 as well as the overall improvements anticipated at buildout are provided in “Part V- Assessment Diagrams” of this Report. More detailed information regarding the specific plans and specifications associated with these improvements are on file in the Office of Public Works of the City of Guadalupe and by reference are made part of this Report.
Part II — Method of Apportionment
This section includes a discussion of the general and special benefits associated with the various improvements to be provided within the District (Benefit Analysis), which includes a discussion of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). This section of the Report also outlines the method of calculating each property’s proportional special benefit and resulting calculated annual assessment amount. This method of apportionment is consistent with the adopted method of apportionment for the District at the time the District was formed and approved by the property owners of record in a protest ballot proceeding conducted pursuant to the provisions of the California Constitution Article XIIID.
Part III — Estimate of Costs
This section establishes an estimate of the fiscal year 2022/2023 costs to operate, maintain, and service the local parks, landscaping, lighting, and appurtenant facilities that have been installed and may be accepted and maintained for the special benefit of properties within the District. The budget for the District and each Zone therein (including the various sub-zones) incorporates an estimate of the maintenance costs and incidental expenses including, but not limited to labor, materials, utilities, equipment, and administration expenses as well as the collection of other appropriate funding authorized by the 1972 Act and deemed necessary to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution and are excluded from the amount to be assessed as special benefit.
The resulting assessment rates (the “Assessment Per EBU”) identified in the budget for each Zone establishes the proposed assessments to be levied and collected for fiscal year 2022/2023.
Part IV — Assessment Roll
The assessment amounts to be levied and collected in fiscal year 2022/2023 for each parcel is based on the parcel’s calculated proportional special benefit as outlined in "Part II - Method of Apportionment" and the annual assessment rates established by the estimated budgets in "Part III - Estimate of Costs" of this Report. Due to the number of parcels within the District, the Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Assessment Roll for fiscal year 2022/2023 has been filed electronically with the City Clerk rather than displayed in this Report. The parcels and assessment amounts contained the electronic Assessment Roll filed with the City Clerk represents the parcels an assessment amounts to be filed with the Santa Barbara County Auditor/Controller and collected on the County Tax Rolls for fiscal year 2022/2023 and by reference the listing of the Assessor’s Parcel Numbers and the corresponding assessment amounts are made part of this Report.
Part V — District Diagrams
This section of the Report contains various diagram(s) that identify the parcels and improvements within the District including:
District Diagram – Boundary and Zones, Fiscal Year 2022/2023 District Diagram –Development and Improvements, Planned at Buildout District Diagram – Development and Improvements, Fiscal Year 2022/2023 The lines and dimensions of each lot, parcel, and subdivision of land contained in the “District Diagram – Boundary and Zones, Fiscal Year 2022/2023” is inclusive of all parcels identified in “Part IV – Assessment Roll” of this Report and the corresponding County Assessor’s Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments, or parcel changes therein. Reference is hereby made to the Santa Barbara County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
Pasadera Landscaping and Lighting District
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Fiscal Year 2022/2023
Part I — Plans and Specifications
Description of the District
The territory within the District consists of the lots or parcels of land within the planned nonresidential and residential development area identified in the DJ Farms Specific Plan and commonly referred to as the “Pasadera Development” which is located within the City of Guadalupe on the south side of Main Street near Obispo Street and Flower Avenue. According to the DJ Farms Specific Plan, at build-out, the District is anticipated to incorporate eight hundred and three (803) single-family residential home sites; approximately twenty-one (21.49) acres of non-residential development; a fourteen (14.37) acre school site; and various associated public areas, easements, and rights-of-way that are either part of the District improvements or otherwise considered to receive no special benefit from the improvements being provide. At the time this Report was prepared, the lots and parcels of land within the District are inclusive of the following parcels identified on the Santa Barbara County Assessor’s Parcel Maps as:
Book 113, Page 01, Parcels 25 and 37;
Book 113, Page 08, Parcel 18;
Book 113, Page 45, Parcels 01 through 03, 06 through 08 , and 10; Book 113, Page 46, Parcels 01 through 57;
Book 113, Page 47, Parcels 01 through 61;
Book 113, Page 48, Parcels 01 through 41; and,
Book 113, Page 49, Parcels 01 through 224.
Book 113, Page 50, Parcels 01 through 84.
The Pasadera Landscaping and Lighting District is located along the southern boundary of the City, and the properties immediately west, south, and east of these District parcels (excluding any streets or other rights-of-way) are currently outside City boundaries.
Zones of Benefit
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing various landscaping and lighting improvements, including the acquisition, construction, installation, maintenance, and servicing of those improvements and related facilities. In addition, to ensure an appropriate allocation of the estimated costs to provide various improvements based on proportional special benefits, landscaping and lighting districts often times include benefit zones (“Zones”) as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements.
A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.”
While the California Constitution requires that “The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement…”; it is reasonable to conclude that certain landscaping and/or lighting improvements may benefit the Pasadera Landscaping and Lighting District
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majority of the parcels within a district if not all properties, while other improvements may only provide special benefits to specific parcels, developments or portions of the district (particularly in larger districts). In addition, some improvements within a district and/or the costs associated with various public improvements are identified as providing some measure of general benefit and because these general benefit costs cannot be assessed, the overall cost of those improvements may be proportionately allocated as both special benefits and general benefit.
In accordance with the 1972 Act, it has been determined that it is appropriate and necessary to establish two overall benefit zones (Zones) within this District to be designated as Zone A and Zone B and sub-zones within Zone B (currently Sub-Zones B1, B2, and B3). The boundaries of each Zone and Sub-Zone is established based on the location, extent and types of improvements or similarities in the types of improvements being maintained through the District assessments as well as the particular and distinct benefits the various developments and properties derive from those improvements based on proximity to those specific improvements and the nexus between the development of the properties that required or facilitated the installation of those improvements. While some improvements may be specifically associated with specific development areas or parcels within the District, many improvements may reasonably be considered shared improvements because the overall development of the properties in the area required or necessitated those improvements. In such cases, the special benefits and cost of providing such improvements are proportionately shared by parcels in each Zone.
The net annual cost to provide the improvements for each Zone and/or Sub-Zone are allocated to the benefiting properties within that Zone using a weighted method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. The following is a brief description and summary of the Zones and improvements associated within each Zone. A visual depiction of the location and extent of the improvements and Zone boundaries are provided in the District Diagrams provided in Part V of this Report.
Zone A Parcels and Improvements
Zone A Parcels
Zone A comprises that portion of the parcels within District located on the south side of Main Street and north of Buena Vista Road. The properties in this Zone are primarily identified as nonresidential properties, but also incorporates a drainage basin and pump station in the northeast corner of the District for which the landscaping will be maintained by the District and proportionately shared by parcels in both Zone A and Zone B. Refer to the “District Diagram – Boundary and Zones, Fiscal Year 2022/2023” in Part V — District Diagrams of this Report for a visual depiction of the properties within Zone A. In that same section, the “District Diagram – Development and Improvements, Planned at Buildout” provides a visual depiction of the drainage basin location within Zone A.
Zone A Improvements
The parcels within Zone A will ultimately receive special benefits and will be proportionately assessed in whole or in part for improvements that include, but are not limited to the following:
➢ Shared Improvements (Improvements at buildout that may be proportionately shared by parcels in Zone A and Zone B)
o street lights on Flower Avenue between Main Street and Buena Vista Road; o street lights on Buena Vista Road adjacent to both Zone A and Zone B; Pasadera Landscaping and Lighting District
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Fiscal Year 2022/2023
o street lights on Obispo Street between Main Street and Buena Vista Road; and o landscaping improvements associated with the drainage basin site located at the northeast corner of the District.
➢ Zone Specific Improvements (Improvements at buildout that may be proportionately shared by parcels in Zone A only)
o street lights on the south side of Main Street adjacent to Zone A; Zone B Parcels and Improvements
Zone B Parcels
Zone B comprises that portion of the parcels within District located south of Buena Vista Road.
The properties in this Zone are primarily identified as residential properties (single family residential parcels and planned residential developments), but also includes a future public-school site, various park and recreational areas, and various landscape improvements to be maintained by the District. Refer to the “District Diagram – Boundary and Zones, Fiscal Year 2022/2023” in Part V — District Diagrams of this Report for a visual depiction of the properties within Zone B. In that same section, the “District Diagram –Development and Improvements, Planned at Buildout” provides an overall visual depiction of the planned landscaping and lighting improvements throughout the District and Zone B.
Zone B Improvements
The parcels within Zone B will ultimately receive special benefits and will be proportionately assessed in whole or in part for improvements that include, but are not limited to the following:
➢ Shared Improvements (Improvements at buildout that may be proportionately shared by parcels in Zone A and Zone B)
o street lights on Flower Avenue between Main Street and Buena Vista Road; o street lights on Buena Vista Road located between Zone A and Zone B; o street lights on Obispo Street between Main Street and Buena Vista Road; and o landscaping improvements associated with the drainage basin site located at the northeast corner of the District.
➢ Zone Specific Improvements (Improvements at buildout that may be proportionately shared by parcels in Zone B only)
o street lights on Obispo Street between Buena Vista Road and “C” Street, which is the end of Obispo street, (proportionately shared by parcels in Zone B only); and o the remaining street lights (194 street lights not identified above) within the planned residential developments;
o landscaping improvements on both sides of Obispo Street between Buena Vista Road and "C" Street;
o landscaping improvements on both sides of Del Mar Drive between Obispo Street and Fuente Drive;
o landscaping improvements on the west side of Arroyo Seco Road between Buena Vista Road and Manzanita Street;
o landscaping improvements on the west side of Arroyo Seco Road between the park site and the end of Arroyo Seco Road (cul-de-sac);
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Fiscal Year 2022/2023
o landscaping and trail improvements on the east side of Arroyo Seco Road between Buena Vista Road and the end of Arroyo Seco Road (cul-de-sac); o landscaping improvements on the north side of "B" Street between “C” Street and “F10” Street;
o landscaping and trail improvements on the south side of "B" Street between "C" Street and "F10" Street;
o landscaping and trail improvements on the east side of "F10" Street from "B" Street up to the end of the cu-de-sac on "F10" Street;
o landscaping improvements on the east side of "C" Street between Obispo Street and "B" Street; and
o landscaping and trail improvements on the west side of "C" Street between "B" Street and "D5" Street;
o the paseo (pathway and landscaping) located between the homes on the southwest side of the intersection of "E2" Street and "E3" Street, connecting these streets with the park site near the northeast side of the railroad right-of-way adjacent to the park site; o the landscape buffer/trail on the northeast/east side of the railroad right-of-way extending from Buena Vista Road south to Obispo Street;
o the landscape buffer/trail on the southwest side of the railroad right-of-way between Obispo Street and the designated well-site located at the northern end of "D1" Street and the paseo (pathway and landscaping) connecting "D1" Street with the landscape buffer/trail area;
o the landscape buffer/trail on the southwest side of the railroad right-of-way between Obispo Street and “F10” Street and the paseo (pathway and landscaping) connecting "F1" Street and "F2" Street with the landscape buffer/trail area; o the Habitat Area on the south/southeast side of Obispo Street between the railroad rightsof-way and "A" Street and between "A" Street and "C" Street; o the natural/minimal-maintenance landscaping improvements at the water tank site located north of the cul-de-sac on "D1" Street, between the railroad rights-of-way and the western boundary of the District;
o the park/recreational area improvements located within sixteen planned parks and recreational areas located throughout the residential developments within the District boundaries.
Zone B Sub-Zones
Only a portion of the properties within the District have been fully subdivided and/or developed, and only a portion of the improvements have been installed. Therefore, for administrative purposes and to ensure an equitable apportionment of the annual maintenance and operation expenses, the residential development areas within the District identified as Zone B have been established and grouped into Sub-Zones to reflect the current and anticipated development of the properties and the installation of improvements within Zone B. The three Sub-zones which are Pasadera Landscaping and Lighting District
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illustrated on the “District Diagram – Boundary and Zones, Fiscal Year 2022/2023” in Part V — District Diagrams of this Report are generally described in the following:
➢ Sub-Zone B1 incorporates the residential developments that have already been subdivided into Single Family Residential lots and are in proximity and associated with local parks, landscaping and/or street lighting improvements that are anticipated to be installed and maintained by the District for fiscal year 2022/2023. Based on available Santa Barbara County Assessor’s data and development within the District, for fiscal year 2022/2023, this Sub-Zone will incorporate four hundred forty-four Single Family Residential parcels and the parks and proposed improvement areas within Tract 29,061, Tract 29,062, and Tract 29,064. These parcels are identified on the Assessor’ Parcel Maps, Book 113, Pages 46, 47, 48, 49, and 50. ➢ Sub-Zone B2 incorporates the planned development area generally located south of Manzanita Street, west of Arroyo Seco Road, east of Obispo Street, and northeast of the railroad right-of-way, which has not been subdivided and identified as part of Zone B1. The properties included in this Sub-Zone are currently identified by the County Assessor’s Office as Vacant property which has not been fully subdivided and/or developed. The parcels within this Sub-Zone are currently identified as Assessor’ Parcel Maps, Book 113, Page 45, Parcels 06 through 08.
➢ Sub-Zone B3 incorporates the planned residential development area within the District located southwest of the railroad right-of-way. The properties included in this Sub-Zone are currently identified by the County Assessor’s Office as Vacant property which has not been fully subdivided or developed. The parcels within this Sub-Zone are currently identified Assessor’ Parcel Maps, Book 113, Page 01, Parcels 25 and 37; and Book 113, Page 08, Parcel 18.
Application of Sub-Zones in Zone B
By utilizing a Zone and Sub-Zone structure, similar properties with similar types of improvements will be assessed a proportional amount for the total annual expenses related to the maintenance, operation and servicing of the improvements provided by the District and for which the properties receive special benefits. The use of Sub-Zones allows for each development and the parcels therein to be assessed for the improvements provided as development occurs and/or improvements are installed.
For purposes of establishing the annual assessments for Zone B, the parcels are assigned a proportional benefit and land use designation that reflects the current development of each property and relationship (proximity) to the improvements to be provided and maintained. For calculating the fiscal year 2022/2023 annual assessments:
➢ Parcels in Sub-Zone B1 are identified as fully subdivided Single Family Residential parcels (with and without structures) and some parcels identified as Exempt Properties within Tract 29,061, Tract 29,062, and Tract 29,064 for which the District anticipates maintaining all or a portion of the improvements installed in connection with these subdivisions. The parcels that comprise Tract 29,062 and Tract 29,064 were not subdivided when the District was formed and were included in Sub-Zone B2 at that time. In fiscal year 2019/2020 Tract 29,062 became fully subdivided residential lots and the Sub-Zone designation for the associated parcels was changed from B2 to B1. For fiscal year 2022/2023 Tract 29,064 became fully subdivided residential lots and the Sub-Zone designation for the associated parcels have changed from B2 to B1.
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
➢ Parcels in Sub-Zone B2 and Sub-Zone B3 are identified as either Vacant Undeveloped Property, Undeveloped Residential Property, or Exempt Property and assessed in accordance with the method of apportionment described in “Part II — Method of Apportionment” of this Report. However, in future fiscal years as these parcels are subdivided or developed, and/or as additional improvements for Zone B are accepted for maintenance, at the discretion of the Assessment Engineer and/or City Engineer, the land use designation or Sub-Zone designation for the affected properties may be reclassified Description of the District Improvements
As authorized by the 1972 Act, the improvements to be provided by the District and associated with each Zone therein incorporate local street lighting, parks, and various landscaping improvements that are to be maintained and serviced for the benefit of real property within the District. The various improvements to be maintained by the District have been or will be installed in direct connection with the development of properties for the benefit of those properties and are considered necessary for the development of those properties to their full and best use. The work to be performed within the District may include, but is not limited to (as applicable), the personnel; materials; equipment; electricity; water; contract services; repair and rehabilitation of the improvements; and incidental expenses required to operate the District and provide the improvements and services. The annual assessments to be levied on properties within the District provide a source of funding to support the continued operation and maintenance of these improvements that provide a particular and distinct benefit (special benefit) to those properties.
Each parcel shall be assessed proportionately for only those improvements, services, and expenses for which the parcel receives a special benefit. The improvement plans and specifications for the District are on file in the Office of Public Works of the City of Guadalupe and by reference these plans, and specifications are made part of this Report. The District improvements anticipated to be installed and constructed at build-out generally include but are not limited to:
Proposed Improvements at Build-out
Landscape Improvements
The landscape improvements to be funded by the District assessments may include, but are not limited to, turf, ground cover, shrubs and plants; areas of natural vegetation; trees; irrigation and drainage systems; masonry walls, retaining walls, or other fencing; monuments; hardscapes; concrete or decomposed granite trail/pathways; and other related appurtenant facilities within the District that will be dedicated to the City for maintenance or which the City has an easement to maintain such improvements including but are not limited to:
➢ designated parkway side-panels adjacent to the streets and properties within the District, including parkways, entryways, and trails;
➢ various non-street landscaping and/or vegetation management areas including a drainage basin, dedicated Habitat/Open Space areas, a water tank site, and buffer/greenbelt/trail areas along the railroad right-of way; and
➢ the planned local park sites and/or recreational areas within the District.
The following provides a summary description of the landscape improvements anticipated to be constructed as part of the development of properties within the District and ultimately maintained through the District at build-out. For reference purposes, in conjunction with these descriptions of the improvements a visual depiction of the landscape improvement areas is provided on the Pasadera Landscaping and Lighting District
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Fiscal Year 2022/2023
diagrams contained in Part V of this Report. At build-out, it is anticipated that the District’s landscape improvements will generally include, but is not limited to approximately:
➢ Obispo Street
o 41,785 square feet of irrigated landscape improvements located on both sides of Obispo Street between Buena Vista Road and the railroad rights-of-way. o 20,465 square feet of irrigated landscape improvements located on both sides of Obispo Street between the railroad rights-of-way and "C" Street. ➢ Del Mar Drive
o 5,190 square feet of irrigated landscape improvements located on both sides of Del Mar Drive between Obispo Street and Fuente Drive.
➢ Arroyo Seco Road
o 68,660 square feet of maintained improvements located on the east side of Arroyo Seco Road between Buena Vista Road and the end of Arroyo Seco Road (cul-de-sac). These maintained improvements incorporate 45,700 square feet of irrigated landscaping and 22,960 square feet of trail/pathway improvements.
o 4,720 square feet of irrigated landscape improvements located on the west side of Arroyo Seco Road between Buena Vista Road and Manzanita Street; o 3,195 square feet of irrigated landscape improvements located on the west side of Arroyo Seco Road between the southern end of the park site (just north of "E1" Street) and the end of Arroyo Seco Road (cul-de-sac); and
➢ "B" Street
o 33,625 square feet of irrigated landscape improvements located on the north side of "B" Street between “C” Street and “F10” Street; and
o 60,495 square feet of maintained improvements located on the south side of "B" Street between "C" Street and "F10" Street. These maintained improvements incorporate 40,345 square feet of irrigated landscaping and 20,150 square feet of trail/pathway improvements. ➢ "F10" Street
o 6,815 square feet of maintained improvements located on the east side of "F10" Street from "B" Street up to the end of the cu-de-sac on "F10" Street. These maintained improvements incorporate 4,830 square feet of irrigated landscaping and 1,985 square feet of trail/pathway improvements.
➢ "C" Street
o 8,045 square feet of irrigated landscape improvements located on the east side of "C" Street between Obispo Street and "B" Street; and
o 33,350 square feet of maintained improvements located on the west side of "C" Street between "B" Street and "D5" Street. These maintained improvements incorporate 24,930 square feet of irrigated landscaping and 8,420 square feet of trail/pathway improvements. ➢ Non-Streetscape Areas
o 2,275 square feet of non-streetscape trail/pathway improvements located between the homes on the southwest side of the intersection of "E2" Street and "E3" Street, connecting these streets with the park site near the northeast side of the railroad right-of-way adjacent to the park;
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Fiscal Year 2022/2023
o 22,850 square feet of improvement area (landscape buffer/trail) located on the northeast/east side of the railroad right-of-way behind the homes on the west and southwest side of Las Flores Drive extending from Buena Vista Road south to Obispo Street. It is anticipated that much of this improvement area will be irrigated landscaping, but all or a portion of the area may ultimately be installed with minimal/modified irrigation or no irrigation;
o 15,775 square feet of improvement area (landscape buffer/trail) located on the southwest side of the railroad right-of-way behind the homes on the northeast side of "D1" Street between Obispo Street and the designated well-site located at the northern end of "D1" Street. This square footage includes the estimated 2,145 square feet of paseo (pathway) connecting "D1" Street with the landscape buffer/trail area. It is anticipated that much of this improvement area will be irrigated landscaping, but all or a portion of the area may ultimately be installed with minimal/modified irrigation or no irrigation; o 39,435 square feet of improvement area (landscape buffer/trail) located on the southwest side of the railroad right-of-way behind the homes on the northeast side of "F1" Street and at the cul-de-sacs of "F9" Street and "F10" Street, between Obispo Street and "F10" Street. This square footage includes the estimated 2,205 square feet of paseo (pathway) connecting "F1" Street and "F2" Street with this landscape buffer/trail area. It is anticipated that much of this improvement area will be irrigated landscaping, but all or a portion of the area may ultimately be installed with minimal/modified irrigation or no irrigation; o 280,770 square feet of natural/minimal-maintenance landscape improvements (Habitat Area) located on the south/southeast side of Obispo Street between the railroad rights-ofway and "A" Street and between "A" Street and "C" Street; o 37,245 square feet of natural/minimal-maintenance landscape improvements (open space water tank site) located north of the cul-de-sac on "D1" Street, between the railroad rightsof-way and the western boundary of the District; and o 67,385 square feet of maintained improvements (open space drainage basin site) located at the northeast corner of the Zone, east of Flower Avenue between Main Street and Buena Vista Road. These maintained improvements incorporate 30,840 square feet of irrigated landscaping and 36,545 square feet of non-irrigated natural/minimalmaintenance landscaped area. ➢ Parks
o 660,895 square feet of park and recreational area improvements located within sixteen planned park sites, paseos, or recreational areas located throughout the residential development area within the District boundaries. While it is anticipated that much of this improvement area will be irrigated landscaping (mostly turf), this overall square footage also incorporates the non-landscaped areas within the parks including play areas, sports courts, sidewalks, and other hardscape areas, but does not include any parking areas associated with these park/recreational areas.
Park Facilities
In addition to the landscape improvements within the park/recreational areas, the improvements and facilities to be funded may include, but are not limited to maintenance and servicing of the sports courts and fields; playground equipment and structures; sidewalks, ornamental or safety lighting; benches, trash receptacles; drinking fountains, picnic facilities and any other equipment, structures or facilities related to the foregoing.
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Fiscal Year 2022/2023
Lighting Improvements
Lighting improvements to be funded by the District assessments may include, but are not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable, and appurtenant facilities associated with the street lights, traffic signals, and lighting within public areas within the District. Maintenance, operation, and servicing of these lighting improvements may include, but is not limited to the furnishing of electric current or other illuminating agent; as needed maintenance, repair, and replacement of worn out electrical components and light fixtures, including bulbs, ballasts, photoelectric cells, meters, electrical cables; repair or replacement of damaged poles, ground wires, and conduits caused by accidents, vandalism, time, and weather; and monitoring of the Underground Service Alert (USA) network to prevent damage by excavation. At build-out, it is anticipated that the District’s lighting improvements will generally include, but is not limited to:
➢ Thirteen (13) street lights located on the south side of Main Street adjacent to the proposed non-residential development area within the District;
➢ Two (2) street lights on Flower Avenue between Main Street and Buena Vista Road; ➢ Fourteen (14) street lights on the north side of Buena Vista Road which is between the proposed residential developments and the proposed non-residential development area; ➢ Twenty (20) street lights on Obispo Street;
o Five (5) street lights located between Main Street and Buena Vista Road; o Ten (10) street lights located between Buena Vista Road and the railroad right-of-way; o Five (5) street lights located between the railroad right-of-way and “C” Street; ➢ One hundred ninety-four (194) street lights within the planned residential developments; ➢ The safety/security lights, recreational lights (fields and courts) and/or ornamental lighting associated with the park/recreational areas; and
➢ Any other public lighting facilities including future traffic signals that may be deemed necessary or desired for the safe ingress or egress to the properties within the District.
Excluded Improvements
Improvements that are not a part of the District improvements include, privately owned street lights and landscaping improvements located on private property and/or areas designated as Homeowner Association or Business Association properties or easements. Such improvements and facilities including street trees shall be provided and maintained by the individual property owners, property management group or association established in connection with the development of properties within the District.
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Fiscal Year 2022/2023
Fiscal Year 2022/2023 Improvements
The following improvement are currently maintained or installed by the developer and may be accepted by the City for maintenance during fiscal year 2022/2023 and may be funded in whole or in part by the annual assessments:
Improvements Allocated to All Benefiting Properties
The following improvement provide special benefits and are proportionately shared and allocated to all properties within the District:
➢ Five (5) street lights on Obispo Street between Main Street and Buena Vista Road.
Improvements Allocated to All Properties in Zone B Only The following improvement provide special benefits and are proportionately shared and allocated to all properties within Zone B (Sub-Zones B1, B2, and B3):
➢ Approximately 36,335 square feet of irrigated landscape improvements located on both sides of Obispo Street between Buena Vista Road and Manzanita Street. This is approximately 75% of the 41,785 square feet of planned irrigated landscape improvements located on both sides of Obispo Street between Buena Vista Road and the railroad rights-of-way; and ➢ Six (6) street lights on Obispo Street between Buena Vista Road and Manzanita Street.
Improvements Allocated to Properties in Zone A and Sub-Zone B1 The following improvement provide special benefits and are proportionately shared and allocated to the properties within Zone A as well as those properties within Sub-Zone B1:
➢ Fourteen (14) street lights on Buena Vista Road which situated between the residential developments of Zone B1 and the planned non-residential development properties in Zone A. o Five (5) street lights on Buena Vista Road, west of Obispo Street (between Obispo Street and Las Flores Drive);
o Nine (9) street lights on Buena Vista Road, east of Obispo Street (between Obispo Street and Arroyo Seco Road);
Improvements Allocated to Properties in Sub-Zone B1 and Sub-Zone B2 The following improvement provide special benefits and are proportionately shared and allocated to the properties within Sub-Zone B1 as well as those properties within Sub-Zone B2:
➢ Approximately 20,600 square feet of landscaping improvements located on the east side of Arroyo Seco Road between Buena Vista Road and Manzanita Street (13,710 square feet of irrigated landscaping and 6,890 square feet of trail/pathway improvements) is currently being maintained. An additional 41,195 square feet of landscaping improvements on the east side of Arroyo Seco Road between Manzanita Street and Guerrero Drive (27,420 square feet of irrigated landscaping and 13,775 square feet of trail/pathway improvements) has been installed and may be accepted for maintenance at the end of the fiscal year. Collectively, these 61,795 square feet of improvements represent approximately 90% of the 68,660 square feet of planned improvements for the east side of Arroyo Seco Road between Buena Vista Road and the end of Arroyo Seco Road at the railroad right-of-way. ➢ Twelve (12) street lights that are adjacent to and benefit both properties in Sub-Zone B1(Tracts 29,062 and 29,064) and Sub-Zone B2 parcels (School and community park sites):
o Six (6) street lights located on Manzanita Street between Obispo Street and Arroyo Seco Road, adjacent to Tract 29,062 (Sub-Zone B1) and the future school site (Sub-Zone B2).
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Engineer’s Report
Fiscal Year 2022/2023
o Six (6) street lights on Arroyo Seco Road between Buena Vista Road and Manzanita Street adjacent to Tract 29,062. These six street lights are a portion of the eighteen (18) total planned street lights on Arroyo Seco.
Improvements Allocated to Properties in Sub-Zone B1 Only The following improvement provide special benefits and are proportionately shared and allocated to all the residential properties within Zone B1 only:
➢ Approximately 5,190 square feet of irrigated landscape improvements located on both sides of Del Mar Drive between Obispo Street and Fuente Drive (Entryway to Tract 29,061). ➢ Approximately 4,720 square feet of irrigated landscaping improvements located on the west side of Arroyo Seco Road between Buena Vista Road and Manzanita Street. ➢ Approximately 46,905 square feet of park and recreational area improvements located within the two neighborhood park sites and recreational areas located within Tract 29,061. The majority of the site improvements incorporate irrigated landscaping (mostly turf), but this overall square footage also includes some non-landscaped areas including play areas, sports courts, sidewalks, and other hardscape areas.
➢ Approximately 53,145 square feet of park and recreational area improvements located within the seven neighborhood park sites or recreational areas located within Tract 29,062 The majority of the site improvements incorporate irrigated landscaping (mostly turf), but this overall square footage also includes some non-landscaped areas including play areas, sports courts, sidewalks, and other hardscape areas.
➢ Approximately 23,085 square feet of park and recreational area improvements located within the neighborhood park sites, basins, and/or recreational areas located within Tract 29,064 The majority of the site improvements incorporate irrigated landscaping (mostly turf), but this overall square footage also includes some non-landscaped areas including play areas, sports courts, sidewalks, and other hardscape areas.
➢ Sixty-five (65) street lights within Sub- Zone B1 residential development areas including:
o Twenty-five (25) street lights within Tract 29,061 located on Fuente Drives, Castillo Drive, Las Flores Drive, Del Mar Drive, Esperanza Drive, and Gusto Court. o Forty (40) of street lights within Tract 29,062 including lights located on Ninos Drive, Hacienda Drive, La Joya Drive, Jalama Drive, Ladera Drive, and Lazo Drive.
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Engineer’s Report
Fiscal Year 2022/2023
Part II — Method of Apportionment
Legislative Authority and Provisions
1972 Act
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of landscaping and lighting improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:
Section 22573 defines the net amount to be assessed as follows:
“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.”
Section 22574 provides for zones as follows:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements.
A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.”
The formulas used for calculating assessments and the designation of Zones and Sub-Zones as established herein reflect the composition of parcels within the District and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Article XIII D of the California Constitution (Proposition 218).
California Constitution
The costs to operate and maintain the District improvements are identified and allocated to properties within each Zone and/or Sub-Zone within the District based on special benefit. The improvements provided and for which properties are to be assessed are identified as local landscaping and lighting improvements and related amenities that were installed in connection with the development of the properties and/or would otherwise be required for the development of properties within each respective Zone and/or Sub-Zone. The District assessments and method of apportionment is based on the premise that these improvements would otherwise not have been required without the development or planned development of those parcels.
Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
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Engineer’s Report
Fiscal Year 2022/2023
Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Benefit Analysis
The improvements provided by this District and for which properties will be assessed have been identified as necessary, desired and/or required for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City’s General Plan.
Special Benefits
The ongoing maintenance of landscaped areas within the District will provide aesthetic benefits to the properties within the District and each respective Zone and/or Sub-Zone therein and are intended to provide a more pleasant environment to walk, drive, live, and work. The primary function of these improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements are constructed and installed and/or are facilitated by the development or potential development of properties within the District. These improvements are an integral part of the physical environment associated with the parcels in the District and while some of these improvements may in part be visible to properties outside the District and/or the respective Zones and Sub-Zones, collectively if these improvements are not properly maintained, it is the parcels within the District and/or the respective Zones and Sub-Zones that would be aesthetically burdened. Additionally, the many of the landscape improvements include parks, green spaces, and trails that provide visually pleasing open space areas that serve as an extension of the physical attributes of the parcels assessed, such as their front or rear yards and may also provide a greater opportunity for recreation as well as serving as a physical buffer and/or sound reduction buffer between the roadways and the properties in the District. Thus, the maintenance of these landscaped improvements provides particular and distinct benefits to the properties and developments associated with those improvements.
Likewise, street lighting in the District is primarily useful for illuminating the streets that provide access to the properties in the District as well as the sidewalks and parking lanes associated with those properties. While it is recognized that street lights and traffic signals serve in part to enhance traffic safety, installation and construction of these improvements are for the most part, required by the development of properties within the district and these improvements provide three main special benefits to those properties: (i) property security benefit, (ii) pedestrian safety benefit, and (iii) parkway/roadway access benefit. Furthermore, because traffic circulation in the City is largely the result of local traffic to and from these properties by the property owners and guests, it is reasonable to assume that these properties derive a particular and distinct benefit from the streetlighting that support the safe access to the properties and essentially all pedestrians and parking vehicles in the lit areas will, after dark, be directly associated with the assessed properties.
As a result, the maintenance of these lighting improvements is a particular and distinct benefit to the properties and developments within the District and the Zones and Sub-Zones therein.
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Collectively these landscaping and lighting improvements and related assessments enhance the security, overall use, presentation, and marketability of the properties, and ensure the long-term cost-efficiency of services that is obtained through the City provided maintenance (economy of scale), and the regulatory restrictions on future cost increases.
General Benefit
Landscaping General Benefit
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by District assessments and the proximity and relationship to properties to be assessed, it is evident these improvements have been or will be installed as part of the development of properties within the District or are improvements that would otherwise be shared by and required for development of those properties. Although the District improvements are located on public streets or public areas that are typically visible and/or accessible to the general public, it is evident that the ongoing maintenance of these improvements are only necessary for the appearance and advantage of the properties within the District that are directly associated with those improvements and these improvements (particularly the level of maintenance and servicing) are not required nor necessarily desired by any properties outside the District and/or the respective Zones and/or Sub-Zones associated with those various improvements. It is also evident that the maintenance these improvements and the level of maintenance provided has a direct and particular impact (special benefit) only on those properties in proximity to those improvements and such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, has limited (if any) indirect or incidental benefit to the public at large or properties outside each respective Zone.
In the absence of a special funding Zone, the City’s maintenance of these improvements would for the most part, be limited to tree management, weed abatement, rodent control, and erosion control services for the various landscape areas. This basic or baseline level of service would typically provide for periodic servicing of these areas on an as-needed basis. This baseline level of service would provide for public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage, but results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance that can be provided through the District assessments.
On average, the cost to provide this baseline level of service for the District’ planned landscape areas is estimated to be approximately $0.012626 per square foot (approximately $550 per acre) which includes a five percent (5%) cost factor for City overhead and administration. This baseline service cost per square foot represents approximately five percent (5%) of the overall cost per square foot for the annual operation and maintenance of the landscape areas.
Other Landscaping General Benefits
In addition to the general benefit identified above, it is recognized that there are indirect or incidental general benefits to properties within the District as well as the general public that are associated with regular landscape maintenance services, including:
➢ Minimization of dust and debris; and
➢ Decreased potential water runoff from both properties and the landscaped areas.
Although these types of benefits might best be characterized as indirect consequences of the special benefit of the landscape maintenance provided to parcels served by the District, for the purposes of calculating proportional benefits, we assume these types of benefits to be general Pasadera Landscaping and Lighting District
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benefits, albeit general benefits that are extremely difficult to quantify. We estimate that the costs associated with these indirect benefits do not exceed one percent (1%) of the annual maintenance expenditures for the landscaping improvements.
The baseline general benefit costs and the indirect/incidental general benefit costs identified above shall be excluded from the special benefit assessment funding and not assessed to the parcels within the District. The total calculated general benefit cost for the landscaping improvements associated with each Zone and/or Sub-Zone is summarized in the table at the end of this section and is also identified in the budgets contained in Part III of this Report.
Lighting General Benefit
In reviewing the location and extent of the specific lighting improvements to be funded by District assessments and the proximity and relationship to properties to be assessed, like the landscaping improvements it is evident these improvements are being installed as a direct result of the development of the properties within the District or are lighting improvements that would otherwise be shared by and required for the development of those properties. It is also evident that the maintenance and servicing of these improvements has a direct and particular impact (special benefit) on those properties in proximity to those street lighting improvements and these street lighting improvements are for the most part, lighting improvements that exceed what would otherwise be required for traffic circulation or to ensure the safety and protection of the general public and property in general.
Because these District lighting improvements are directly associated with the development or anticipated development of the properties within each respective District Zone and clearly provide a special benefit to those properties that is not shared by all properties in the City, it is certainly reasonable to conclude that the maintenance and operation of these improvements is largely if not entirely a special benefit to those properties to be assessed. Based on the special benefits previously identified for street lights, it is apparent that within residential developments (Zone B, which is comprised initially as Sub-Zones B1, B2, and B3), the internal residential development street lights are installed solely for the use and benefit those residential properties and there is no quantifiable general benefit to other properties or to the public at large.
In addition to the internal residential street lights within the various developments in Zone B, the properties in Zone B (both the residential parcels and the school site) are accessed from and/or are adjacent to Obispo Street and/or Flower Avenue and Buena Vista Road and the street lights on these secondary/collector streets are collectively and proportionately shared by the properties in Zone B as well as the non-residential properties in Zone A which are adjacent to these streets and associated street lights. Collectively, these secondary/collector street lights represent approximately 15% of the total street lights to be installed within the District. While these secondary/collector lights are clearly the result of the development of properties within the District, it is also reasonable to conclude that these types of streets are often accessed by the generalpublic (possibly in route to the school or parks) and to some extent the street lighting on these streets may also enhance general nighttime traffic safety and circulation for other properties and the public at large. Based on various traffic circulation studies related data, it is estimated that less than forty percent (40%) of these secondary/collector street lights would be required for similar streets in less concentrated development areas. Therefore, it has been determined that the general benefit related to the overall operation and maintenance of these shared street lights is no more than six percent (6 %) of the street light operating costs for these particular street lights. However, to ensure that no parcel is assessed for more than its proportional special benefit for these shared street lights, the City will contribute for general benefit an amount equal to ten percent (10%) of the budgeted regular annual maintenance expenditures (maintenance and Pasadera Landscaping and Lighting District
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energy costs). These general benefit costs shall be excluded from the special benefit assessment funding and not assessed to the parcels within the District.
In addition to the internal residential street lights and secondary/collector street lights discussed above, the non-residential properties within Zone A will directly benefit from the street lights to be installed on Main Street (a primary/arterial street) adjacent to those properties. Similar to the lights on secondary/collector streets, it is certainly reasonable to recognize that the street lights on this primary/arterial street provides a measure of general benefit to the public and to properties in general resulting from nighttime traffic safety and circulation. The American National Standard Practice for Roadway Lighting and various related traffic and street lighting studies suggest that over ninety percent (90%) of the street lights installed on primary/arterial streets in urban areas are directly the result of property development (both residential and non-residential development).
In turn these developments increase traffic circulation and ultimately dictate the type of lighting, spacing and number of lights required and without such development, both the need and quantity of those lights would be dramatically reduced, which is reflected by the limited lighting that currently exists in this area on Main Street. Therefore, like the secondary/collector street lights associated with this District, it has been determined that the general benefit related to the operation and maintenance of the street lights on Main Street is ten percent (10%) of the regular annual maintenance expenditures (maintenance and energy costs). These general benefit costs shall be excluded from the special benefit assessment funding and not assessed to the parcels within Zone A of the District.
The total calculated general benefit cost for the street lighting improvements associated with each Zone and/or Sub-Zone is summarized in the table below and is also identified in the budgets contained in Part III of this Report.
Utilizing the general benefit service costs outlined above and the improvements proposed at buildout, the following table summarizes the estimated general benefit costs calculated for each Zone and Sub-Zone within District:
Estimated General Benefit for Street Lighting, Landscaping, and Parks (1) As with most maintenance costs, the General Benefit Costs shown above have been adjusted for inflation and in subsequent fiscal years, the General Benefit Cost will likely continue to be impacted and adjusted for inflation.
Zone A ($17) $0 ($17)
Sub-Zone B1 ($718) ($2,747) ($3,465)
Sub-Zone B2 ($5) ($14) ($19)
Sub-Zone B3 ($3) ($9) ($11)
Zone B Zone B Total ($726) ($2,769) ($3,495)
Total General Benefit ($743) ($2,769) ($3,512)
Zone Street Lighting
Landscaping
and Parks Total (1)
General Benefit General Benefit General Benefit
Sub-Zone
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Engineer’s Report
Fiscal Year 2022/2023
Assessment Methodology
To calculate and identify the proportional special benefit received by each parcel and ultimately each parcel’s proportionate share of the improvement costs it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in the District Article XIIID Section 4a reads in part:
“…The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement or for the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Landscaping and lighting improvements like most public improvements, provide varying degrees of benefit (whether they be general or special) based largely on the extent of such improvements, the location of the improvements in relationship to properties associated with those improvements. To establish the proportional special benefit and ultimately the assessment obligation for each parcel, these factors need to be addressed and formulated in the method of apportionment by the use of benefit zones that reflect the extent and location of the improvements in relationship to the properties, as well as the specific use of the property and characteristics that reflects each parcel’s proportional special benefit as compared to other properties that benefit from those same improvements.
The method of apportionment (method of assessment) developed for this District is based on the premise that each of the property to be assessed receives a particular and distinct benefit (special benefit) from the improvements, services and facilities to be financed by the District assessments and to assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized in this District and establishes a basic unit of benefit (base value) and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. This EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics The base value and assessment formula utilized in each Zone may be different, but is established for each Zone to reflect the improvements and properties that benefit from those improvements utilizing property characteristics that may include but is not limited to the type of development (property land use), property’s development status, and size of the property (acreage or units).
For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single family residential parcel. The single family residential parcel has been selected as the basic vale for calculation of assessments since at build-out this land use will represent over 98% of the parcels in the District and over 70 % of the total acreage developed. Thus, the "benchmark" property (the single family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit.
The following outlines the land use classifications that are associated with or may be associated with the parcels in the District and the proportional Equivalent Benefit Units established for those land use classifications.
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Engineer’s Report
Fiscal Year 2022/2023
Land Use Classifications
Single-Family Residential -- This land use classification is defined as a fully subdivided residential home site with or without a structure. This land use may include, but is not limited to subdivided residential tract lots, condominiums, or other individual residential units or subdivided lots assigned an Assessor’s Parcel Number. As previously noted, the single family residential parcel has been selected as the basic value for calculation of assessments and each is assigned
1.00 Equivalent Benefit Unit.
Multi-Family Residential -- This land use classification is defined as properties that are primarily used for residential purposes, but contain more than a single residential unit on the parcel (parcels with more than one dwelling) including apartments, duplexes, or other multi-unit structures. Due in part to the development and population densities associated with these types of dwelling units (reduced unit size compared to the typical density and size of single-family properties), studies have consistently shown that the average apartment unit impacts infrastructure approximately 80% as much as a single-family residence. (Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition, 1991; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition, 1991). Therefore, it is reasonable to conclude that the proportional special benefit these properties receive from the public improvements funded by the District assessments has a similar proportionality and these parcels shall be assigned a weighted proportional special benefit of 0.80 EBU per unit.
Developed Non-Residential -- This land use is defined as a parcel and/or development (group of parcels) that has been developed primarily with a non-residential use including, but not limited to (both publicly owned and privately owned) commercial retail or service, office or professional service, hotel or motel, manufacturing, warehousing, parking lot, and/or institutional facilities including hospitals or other medical facilities, private schools or education centers, churches or other non-profit organizations. Based on the planned residential development within this District, it has been determined that these planned single-family residential developments will yield approximately five dwelling units per acre of land. The actual residential development density is
5.43 units per acre. Therefore, since the single family residential parcel (the base value for calculation of assessments) is assigned 1.0 Equivalent Benefit Unit it is reasonable and appropriate to assign the developed non-residential properties a weighted special benefit that reflects a similar and proportional development density. Therefore, the EBU assigned to each developed non-residential property is established by multiplying the parcel’s applied acreage by
5.0 EBU per acre (e.g., a developed non-residential parcel of 4.25-acres would be assigned 21.25 EBU, 4.25 acres x 5.0 EBU/acre = 21.25 EBU).
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Fiscal Year 2022/2023
Public School Property -- This classification includes the parcel currently identified specifically as public school site. On average, approximately 1/3rd (33.33%) of the total school site acreage is developed with structures and parking facilities, which is similar to what is commonly associated with non-residential developments. The remaining parcel acreage (approximately 66.67%) is generally playground areas and/or sports fields which is similar to the District’s park improvements. Recognizing the overall development of this parcel as compared to other properties in the District and the improvements in proximity to this property, it has been determined that proportional special benefit EBU calculated for this parcel is accurately reflected by treating that portion of the parcel with structures and parking facilities (1/3rd of the parcel’s acreage) similar to the EBU calculated for Developed Non-Residential properties (33.33% of acreage x 5.0 EBU/acre), with the remaining 2/3rd of the parcel’s acreage being excluded (treated similar the District’ park facility, although this area is not part of the improvements being maintained by the District). Therefore, this 14.37 acre school site parcel shall be assigned 11.98 EBU for balloting purposes to establish the property’s maximum assessment and proportional special benefit ([14.37 acres x 33.33% = 4.79 applied acre]; x 5.00 EBU/acre = 11.98 EBU).
However, for calculation of the annual assessments each fiscal year, the Assessment Engineer shall apply to this parcel an EBU that best reflects the property’s development status and proportional special benefit from the exiting improvements and/or new improvements to be installed and accepted during the fiscal year. The Assessment Engineer may treat the parcel as a Vacant Undeveloped Property (assigned 1.00 EBU per acre or 4.79 EBU) or any proportional EBU up to the parcel’s maximum EBU described above (11.98 EBU).
Based on the current development of this property and the location and timing of the improvements to be accepted by the City for maintenance during fiscal year 2022/2023, this parcel shall be assigned a weighted special benefit per applied acre applicable to Vacant Undeveloped Property.
Planned Residential Development -- This land use classification is defined as a parcel or group of parcels that may currently be identified as vacant undeveloped property or undeveloped residential property, zoned for residential use, and the number of residential units to be developed on the property has been determined or identified as part of a Tentative Development Plan, Tentative Tract Map or Specific Plan.
For balloting purposes to establish each property’s maximum assessment and proportional special benefit, these parcels were assigned an EBU that reflected the total EBU’s planned for that parcel at build-out (1.00 EBU per single-family residential lot and 0.80 per multi-family residential unit).
However, for calculation of the annual assessments each fiscal year, the Assessment Engineer shall apply to such parcels an EBU that best reflects that parcel’s proportional special benefit from the improvements and services provided as compared to other properties in the District, Zone and Sub-Zone based on the type and location of the improvements to be maintained, the proximity of the property to those improvements, and the development status of the property. Because these factors can vary from year to year and from parcel to parcel, the calculated EBU for each parcel originally balloted as Planned Residential Development parcel may be different utilizing either the acreage of the parcel or number of planned units. The Assessment Engineer may identify the parcel and treat the parcel as a Vacant Undeveloped Property (assigned 1.00 EBU per applied acre up to a maximum of 5.0 EBU; as an Undeveloped Residential Property (assigned
1.00 EBU per acre for the parcel’s total acreage); or may temporarily identify the parcels as a Special Case Parcel (refer to this land use classification below) assigning the parcel any proportional EBU up to the maximum EBU for which the property was ballot (1.0 EBU per singlefamily residential lot and 0.80 per multi-family residential unit).
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Based on the development of properties within the District (specifically in Zone B) and the location and timing of the improvements to be accepted by the City for maintenance during fiscal year 2022/2023, the parcels initially identified as Planned Residential Development properties have each be assigned a weighted special benefit per acre applicable to either Vacant Undeveloped Property or Undeveloped Residential Property.
Planned Non-Residential Development -- This land use classification is defined as a parcel or group of parcels that may currently be identified as vacant undeveloped property or undeveloped non-residential property, zoned for a non-residential use including proposed commercial retail or service, office or professional service, hotel or motel, manufacturing, warehousing, parking lot, and/or institutional facilities including hospitals or other medical facilities, private schools or education centers, churches or other non-profit organizations based on a Tentative Development Plan, Tentative Tract Map or Specific Plan.
For balloting purposes to establish each property’s maximum assessment and proportional special benefit, these parcels were assigned an EBU that reflected the total EBU’s planned for that parcel at build-out (5.00 EBU per applied acre as applicable to Developed Non-Residential properties).
However, for calculation of the annual assessments each fiscal year, the Assessment Engineer shall apply to such parcels an EBU that best reflects that parcel’s proportional special benefit from the improvements and services provided as compared to other properties in the District and Zone based on the type and location of the improvements to be maintained, the proximity of the property to those improvements, and the development status of the property. Because these factors can vary from year to year and from parcel to parcel, the calculated EBU for each parcel originally balloted as Planned Non-Residential Development may be different. The Assessment Engineer may identify the parcel and treat the parcel as a Vacant Undeveloped Property (assigned 1.00 EBU per applied acre up to a maximum of 5.0 EBU); as an Undeveloped Non-Residential Property (assigned 1.00 EBU per acre for the parcel’s total acreage); or may temporarily identify the parcel as a Special Case Parcel (refer to this land use classification below) assigning the parcel any proportional EBU up to the maximum EBU for which the property was ballot (5.00 EBU per applied acre as applicable to Developed Non-Residential properties).
Based on the anticipated development of properties within the District (specifically in Zone A) and the location and timing of the improvements to be accepted by the City for maintenance during fiscal year 2022/2023, the parcels initially identified as Planned Non-Residential Development properties have each be assigned a weighted special benefit per acre applicable to either Vacant Undeveloped Property or Undeveloped Non-Residential Property.
Vacant Undeveloped Property -- This land use classification includes undeveloped properties that are identified as parcels with no development including residential and non-residential properties, undeveloped school sites, and parcels that may currently be used for agricultural purposes. Although it is recognized that most of the improvements within the various Zones and Sub-Zones of the District will be constructed and accepted for maintenance in large part as properties are developed and these developments will clearly receive a particular and distinct benefit (direct special benefit) from those improvements, it is also recognized that most of the various improvements proposed within the District are considered shared improvements that collectively support the overall development of properties within the District and Zones to their full and best use, including the vacant undeveloped properties. However, it is also recognized that the planned parks, internal (neighborhood) street lights and some of the non-streetscape improvements within the District are in large part specifically related to the residential parcels that have an immediate utilization of those improvements and the special benefit costs associated with these parks, neighborhood street lights and landscape areas should be assessed primarily if Pasadera Landscaping and Lighting District
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Fiscal Year 2022/2023
not entirely to the properties which are developed or actively being developed. Likewise, most of the remaining landscaping and lighting improvements within the District will likely be installed and accepted for maintenance as properties are developed and those developing parcels clearly receive a proportionately greater benefit from those improvements than do the undeveloped properties. Therefore, it has been determined that parcels identified as Vacant Undeveloped Property shall be assigned a proportional EBU that is 20% of that assigned to developed properties, which is 1.0 EBU per applied acre (20% of the 5.0 EBU per acre assigned to Developed Non-Residential properties), up to a maximum of 5 acres per parcel or 5.0 EBU per parcel. (e.g. a Vacant Undeveloped Property which is 7.00-acres would be assigned 5.00 EBU [5.0 acre maximum x 1.0 EBU/acre]).
Undeveloped Residential Property -- This land use classification includes undeveloped properties that were originally identified as Planned Residential Development parcels, but have not yet been developed or subdivided, but are either adjacent to or in close proximity to improvements that will be maintained for the current fiscal year, and/or the property is actively being developed. While many of the improvements within the District will be constructed and accepted for maintenance in large part as properties are being subdivided or developed and those properties will clearly receive a particular and distinct benefit (direct special benefits) from those improvements, it is also recognized that certain improvements within the District are installed in advance of property development that are considered shared improvements that collectively support the overall development of properties within the District and Zones to their full and best use, including the vacant undeveloped properties. However, it is also recognized that some of these shared improvements within the District have a more direct and particular benefit to those undeveloped properties directly adjacent to the improvements or in close proximity to those improvements than do the vacant undeveloped properties that are not actively being developed or are further from those shared improvements. Therefore, it has been determined that parcels identified as Undeveloped Residential Property shall be assigned a proportional EBU that is 20% of that assigned to developed properties, which is 1.0 EBU per applied acre (20% of the 5.0 EBU per acre assigned to Developed Non-Residential property), but unlike parcels designated as Vacant Undeveloped Property, there is no acreage cap for the parcel. (e.g. an Undeveloped Residential Property which is 7.00-acres would be assigned 7.00 EBU [7.0 acres x 1.0 EBU/acre]).
Undeveloped Non-Residential Property -- This land use classification includes undeveloped properties that were originally identified as Planned Non-Residential Development parcels, but have not yet been developed or subdivided, but are either adjacent to or in close proximity to improvements that will be maintained for the current fiscal year, and/or the property is actively being developed. While many of the improvements within the District will generally be constructed and accepted for maintenance in large part as properties are being subdivided or developed and those properties will clearly receive a particular and distinct benefit (direct special benefits) from those improvements, it is also recognized that certain improvements within the District are installed in advance of property development that are considered shared improvements that collectively support the overall development of properties within the District and Zones to their full and best use, including the vacant undeveloped properties. However, it is also recognized that some of these shared improvements within the District have a more direct and particular benefit to those undeveloped properties directly adjacent to the improvements or in close proximity to those improvements than do the vacant undeveloped properties that are not actively being developed or are further from those shared improvements. Therefore, it has been determined that parcels identified as Undeveloped Non-Residential Property shall be assigned a proportional EBU that is 20% of that assigned to developed properties, which is 1.0 EBU per applied acre (20% of the 5.0 EBU per acre assigned to Developed Non-Residential property), but unlike parcels Pasadera Landscaping and Lighting District
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designated as Vacant Undeveloped Property, there is no acreage cap for the parcel. (e.g. an Undeveloped Residential Property which is 7.00-acres would be assigned 7.00 EBU [7.0 acres x
1.0 EBU/acre]).
Special Case Parcels -- In many landscaping and lighting districts (particularly districts that have a wide range of land uses, phased developments, and/or diversity in the location and type of improvements) there may be one or more parcels to be assessed that the standard land use classifications and proportionality identified above do not accurately identify the use and special benefit received from the improvements. Properties that are typically classified as Special Case Parcels usually involve partial or mixed use development of the property or development restrictions whether those restrictions are temporary or permanent and affect the properties proportional special benefit. Examples of such restrictions may include situations where only a portion of the parcel’s total acreage is or can be developed. In such a case, the net acreage of the parcel that is utilized rather than the gross acreage of the parcel may be applied to calculate the parcel’s proportional special benefit similar to how the Public School site parcel is treated.
Each such parcel shall be addressed on a case-by-case basis by the Assessment Engineer and the EBU assigned to such parcels shall be based on the specific issues related to that parcel and its proportional special benefit compared to other properties that receive special benefits from the improvements.
Exempt Properties -- Within most districts, there are lots or parcels of land that do not receive a special benefit from the improvements provided (exempt from assessment), which may include, but is not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, public rights-of-way, or utility rights-of-way; common areas, bifurcated lots; sliver parcels or any other parcel that has little or no assessed value and cannot be developed independently; parcels that are part of the improvements being maintained by the District or that the City has determined that the parcel cannot be developed. These types of parcels are considered to receive no special benefit from the improvements and are therefore exempted from assessment and are assigned 0.00 EBU.
A summary of the applied Equivalent Benefit Units (EBUs) for the various land use classifications within the District is shown in the following table:
Assessment Land Use
Single Family Residential 1.00 EBU per Unit/Parcel
Multi-Family Residential 0.80 EBU per Unit
Developed Non-Residential 5.00 EBU per Acre
Public School Property 5.00 EBU per Adjusted Acreage
Planned Residential Development 0.50 EBU per Unit
Planned Non-Residential Development 2.50 EBU per Acre
Vacant Undeveloped Property 1.00 EBU per Acre (Maximum of 5 Acres) Approved Residential Development 1.00 EBU per Unit
Approved Non-Residential 5.00 EBU per Acre
Approved Multi-Residential 0.80 EBU per Unit
Approved Condominium Property 1.00 EBU per Unit
Undeveloped Residential Property 1.00 EBU per Acre
Undeveloped Non-Residential 1.00 EBU per Acre
Planned Multi-Family Residential 0.80 EBU per Unit
Exempt - EBU per Acre
Special Case 1.00 EBU per Acre
Equivalent Benefit Unit Formula
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Equivalent Benefit Unit Summary
The following is a summary of the Equivalent Benefit Units applicable to the various land use classifications identified in each District Zone or Sub-Zone:
Zone A
Sub-Zone B1
Sub-Zone B2
Sub-Zone B3
Assessment Land Use
Total
Parcels
Residential
Units/Lots
Applied
Acreage
Equivalent Benefit
Units (EBU)
Vacant Undeveloped Property 1 - 4.64 4.64
Undeveloped Non-Residential 2 - 16.85 16.85
Exempt 1 - 1.77 -
Totals 4 - 23.26 21.49
Assessment Land Use
Total
Parcels
Residential
Units/Lots
Applied
Acreage
Equivalent Benefit
Units (EBU)
Single Family Residential 444 444 - 444.00
Exempt 23 - 4.96 -
Totals 467 444 4.96 444.00
Assessment Land Use
Total
Parcels
Residential
Units/Lots
Applied
Acreage
Equivalent Benefit
Units (EBU)
Vacant Undeveloped Property 1 - 4.79 4.79
Exempt 2 - 12.91 -
Totals 3 - 17.70 4.79
Assessment Land Use
Total
Parcels
Residential
Units/Lots
Applied
Acreage
Equivalent Benefit
Units (EBU)
Vacant Undeveloped Property 1 - 5.00 5.00
Exempt 2 - 9.58 -
Totals 3 - 14.58 5.00
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Part III – Estimate of Costs
Calculation of Assessments
An assessment amount per Equivalent Benefit Unit (Assessment per EBU) is calculated by:
Taking the “Total Annual Expenses” (Total budgeted costs) and subtracting the “Total General Benefit Expenses” (Landscaping General Benefit Expenses and/or Lighting General Benefit Expenses), to establish the “Total Special Benefit Expenses”; Total Annual Expenses– General Benefit Expenses = Special Benefit Expenses To the resulting “Special Benefit Expenses”, various “Funding Adjustments” may be applied that may include, but are not limited to:
➢ “Reserve Fund Transfer/Deduction”, represents an amount of available existing funds from the “Operational Reserve Fund Balances” being applied to pay a portion of the Special Benefit Expenses for the fiscal year.
➢ “Additional City Funding”, represents an adjustment that is typically used to addresses any funding gap between the amount budgeted to provide the improvements and services (“Special Benefit Expenses”); and the amount that will be collected through the assessments.
This funding may be addressed by an additional City contribution or loan from the City which is intended to be recovered in future fiscal years.
These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed “Balance to Levy”;
Special Benefit Expenses - Funding Adjustments =Balance to Levy The amount identified as the “Balance to Levy” is divided by the total number of EBUs of parcels that receive special benefit to establish the Assessment Rate (“Assessment Per EBU”). This Assessment Rate is then applied back to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment amount for the improvements.
Balance to Levy / Total EBU = Assessment Per EBU (Assessment Rate) Assessment Per EBU x Parcel EBU = Parcel Assessment Amount Note: The maximum assessments and proposed assessments for fiscal year 2022/2023 outlined in this Report are intended to fully support the expenses identified as “Special Benefit Expenses”.
Consequently, there are no “Funding Adjustments” reflected in the budgets the “Balance to Levy” is equal to the total “Special Benefit Expenses”.
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Zone Budgets and Assessments
The zone budgets and assessments outlined on the following page for the District are based on the City’s estimate of the expenses and related funding necessary for the operation, maintenance and servicing of the District improvements identified in Part I of this Report for Zone A and Zone B for fiscal year 2022/2023.
The Maximum Assessment per EBU (Maximum Assessment Rates) for Zone A and Zone B (SubZones B1, B2, and B3) represents the calculated authorized maximum assessment rates for fiscal year 2022/2023 based on the assessment rates presented to the property owners of record within the District as part of the Ballot Proceeding in fiscal year 2017/2018 adjusted by the authorized Assessment Range Formula of 3.5% per year. Reference is hereby made to the Assessment Range Formula described after the budget.
Refer to the Assessment Roll included herein as Part IV for the individual assessment amounts proposed to be levied and collected for each parcel in fiscal year 2022/2023.
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Zone Budgets & Assessments, Fiscal Year 2022/2023
Zone A Zone B Zone B Zone B TOTAL BUDGET
Sub-Zone B1 Sub-Zone B2 Sub-Zone B3 Assessment
Fiscal Year
2022/2023
ANNUAL OPERATION & MAINTENANCE EXPENSES
Annual Lighting Operation & Maintenance Expenses $ 175 $ 18,053 $ 49 $ 26 $ 18,303 Annual Landscaping Operation & Maintenance Expenses - 41,105 220 133 41,459 TOTAL ANNUAL OPERATION & MAINTENANCE EXPENSES $ 175 $ 59,158 $ 269 $ 159 $ 59,761
REHABILITATION/RENOVATION FUNDING & CAPITAL EXPENDITURES Lighting Rehabilitation/Renovation Funding $ 16 $ 1,625 $ 4 $ 2 $ 1,647 Landscape Improvement Rehabilitation/Renovation Funding - 7,729 70 34 7,833 Planned Capital Expenditures (For Fiscal Year) $ - $ - $ - $ - $ - TOTAL REHABILITATION/RENOVATION FUNDING & CAPITAL EXPENDITURES $ 16 $ 9,354 $ 74 $ 37 $ 9,480
INCIDENTAL EXPENSES
Operational Reserves (Collection) $ - $ - $ - $ - $ -
District Administration Expenses $ 86 $ 32,262 $ 161 $ 91 $ 32,600 County Administration Fee 2 929 5 3 939
Annual Administration Expenses 88 33,191 166 94 33,539
TOTAL INCIDENTAL EXPENSES $ 88 $ 33,191 $ 166 $ 94 $ 33,539 TOTAL ANNUAL EXPENSES $ 278 $ 101,703 $ 510 $ 289 $ 102,780
GENERAL BENEFIT EXPENSES
Lighting General Benefit — City Funded $ (17) $ (718) $ (5) $ (3) $ (743) Landscaping General Benefit — City Funded - (2,747) (14) (9) (2,769) TOTAL GENERAL BENEFIT EXPENSES $ (17) $ (3,465) $ (19) $ (11) $ (3,512) TOTAL SPECIAL BENEFIT EXPENSES $ 261 $ 98,238 $ 491 $ 278 $ 99,268
FUNDING ADJUSTMENTS
Reserve Fund Transfer/Deduction $ - $ - $ - $ - $ -
Additional City Funding - - - - -
TOTAL FUNDING ADJUSTMENTS / CONTRIBUTIONS $ - $ - $ - $ - $ - BALANCE TO LEVY $ 261 $ 98,238 $ 491 $ 278 $ 99,268
DISTRICT STATISTICS
Total Parcels 4 467 3 3 477
Assessed Parcels 3 444 1 1 449
Equivalent Benefit Units (EBU) 21.49 444.00 4.79 5.00 475.28 Assessment Per EBU $12.16 $221.26 $102.52 $55.64
Maximum Assessment Rate Per EBU $46.32 $706.67 $706.67 $706.67
FUND BALANCE
Estimated Beginning Fund Balance $ 1,167 $ 235,226 $ 8,158 $ 3,144 $ 247,695 Operational Reserve & Rehabilitation Funding Collected 16 9,354 74 37 9,480 Estimated Ending Fund Balance $ 1,183 $ 244,579 $ 8,232 $ 3,180 $ 257,175
BUDGET ITEMS
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements by law.
The Brown Act defines the terms "new or increased assessment" to exclude certain conditions.
These certain conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed."
Recognizing that the cost of maintaining the improvements will increase over time due to inflation, the maximum assessments (initial maximum assessment amounts and maximum assessment rates established in fiscal year 2017/2018) for Zone A and Zone B, include a fixed 3.5% annual inflationary adjustment (Assessment Range Formula). This 3.5% annual adjustment provides for reasonable increases and inflationary adjustment to the initial maximum assessment rates approved by the property owners as part of the protest ballot proceeding conducted in connection with the formation of the District.
The adoption of the maximum assessment rates and the Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the adjustment maximum assessment amount.
Although the maximum assessment rates that may be levied shall be adjusted (inflated) by 3.5% each year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection. If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through a protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the maximum assessment rate authorized for that fiscal year.
The Assessment Range Formula (3.5% annual adjustment) shall be applied to the maximum assessment rates for Zone A and Zone B identified in the District Budgets Establishing Maximum Assessments as presented in this Report, commencing in fiscal year 2018/2019 and all subsequent fiscal years unless the City Council formally suspends its application.
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Part IV — Assessment Roll
Due to the number of parcels in the District, the Assessment Roll for fiscal year 2022/2023 (a listing of the parcels to be assessed within this District along with the assessment amounts) has been filed with the City Clerk in an electronic format and is, by reference, made part of this Report.
The proposed Assessment Roll shall be available for public inspection in the City Clerk’s Office during normal office hours.
The Assessment Roll reflects all properties currently identified within the District and their assessment amount(s) for fiscal year 2022/2023. Each parcel listed on the Assessment Roll is currently shown and illustrated on the County Assessor's Roll and the County Assessor’s Parcel Number Maps (APN maps). These records are, by reference, made part of this Report and shall govern for all details concerning the description of the lots or parcels. All assessments presented on the assessment roll are subject to change as a result of parcel changes made by the County including parcel splits, parcel merges or development changes that occur prior to the County Assessor's Office securing the final roll and generating tax bills for fiscal year 2022/2023.
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
Part V — District Diagrams
The lots and parcels of land within the Pasadera Landscaping and Lighting District consist of the lots and parcels within the planned non-residential and residential development areas identified in the DJ Farms Specific Plan and commonly referred to as the Pasadera development located on the south side of Main Street near Obispo Street and Flower Avenue.
The District Diagrams provided on the following pages provide a visual depiction of the boundaries of the District and the Zones and Sub-Zones applicable for fiscal year 2022/2023. These diagrams also provide a visual depiction of the location and extent of the improvements to be maintained within the District at build-out. The combination of these Diagrams and the Assessment Roll contained in Part IV of this Report constitutes the Assessment Diagram for this District and encompasses all the lots, parcels and subdivisions of land that receive or will receive a special benefit from the improvements to be provided in the District at the time this Report was prepared.
The lines and dimensions of each lot, parcel, and subdivision of land contained in these diagrams are inclusive of the parcels listed in “Part IV – Assessment Roll” of this Report as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments, or parcel changes therein.
Reference is hereby made to the Santa Barbara County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of each parcel within the Pasadera Landscaping and Lighting District including all subsequent subdivisions, lot-line adjustments, or parcel changes therein.
Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
District Diagram – Boundary and Zones, Fiscal Year 2022/2023 Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
District Diagram – Development and Improvements Proposed at Buildout Pasadera Landscaping and Lighting District
Engineer’s Report
Fiscal Year 2022/2023
District Diagram – Development and Improvements, Fiscal Year 2022/2023 RESOLUTION NO. 2022-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, CONFIRMING THE ENGINEER’S REPORT, THE ASSESSMENT DIAGRAM AND
ASSESSMENTS RELATED THERETO FOR THE PASADERA LANDSCAPING AND LIGHTING DISTRICT,
OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS, AND APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/2023
WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereafter referred to as the “1972 Act”), the City Council, did by previous resolution adopted on June 14, 2022, order the Engineer, Willdan Financial Services (“Engineer”), to prepare and file a report in accordance with Article 4 of Chapter 1 of the 1972 Act, in connection with the proposed annual levy and collection of special benefit assessments for the Pasadera Landscaping and Lighting District (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2022, and ending June 30, 2023; and,
WHEREAS, The Engineer has prepared and filed with the City Clerk of the City of Guadalupe and the City Clerk has presented to the City Council such report entitled “City of Guadalupe, Engineer’s Report, Pasadera Landscaping and Lighting District, Engineer’s Annual Report, Fiscal Year 2022/2023” (hereafter referred to as the “Report”); and,
WHEREAS, after fully considering the Report presented, the City Council by resolution at its June 14, 2022, Council Meeting, preliminarily approved said Report and declared its intention to levy and collect the fiscal year 2022/2023 assessments (annual assessments) for the District as set forth in the Report, and set the public hearing to be noticed pursuant to applicable law for June 28, 2022 at 6:00 p.m.; and, WHEREAS, on June 28, 2022, the City Council held the duly noticed public hearing to consider all oral statements and written protests, objections, and communication made or filed by any interested person regarding the District and the proposed levy of special benefit assessments for the fiscal year commencing July 1, 2022.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY
OF GUADALUPE, CALIFORNIA FOR THE PASADERA LANDSCAPING AND LIGHTING DISTRICT, PURSUANT TO CHAPTER 4, ARTICLE 1 AND ARICLE 2 OF THE 1972 ACT, AS FOLLOWS:
SECTION 1. That the foregoing recitals are true and correct.
SECTION 2. Following notice duly given, the City Council has held a full and fair public hearing regarding the levy and collection of the proposed assessment within the District for fiscal year 2022/2023 to pay for the costs and expenses of the improvements described in Section 4 below and the Engineer's Report prepared in connection therewith. All interested persons were afforded the opportunity to hear and be heard. The City Council has considered all oral and written statements, protests and communications made or filed by interested persons.
SECTION 3. Based upon its review of the Engineer's Report and other documents, and information presented at the public hearing, the City Council hereby finds and determines that (i) the land within the District will be benefited by the improvements described in the Engineer's Report; (ii) the District includes all
ATTACHMENT 2
of the lands so benefited; (iii) the net amount to be assessed upon the lands within the District for the 2022/2023 fiscal year, in accordance with the Engineer's Report, is apportioned by a formula and 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 lots and parcels from the improvements; (iv) only special benefits are assessed and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel; and (v) the District and Zone assessment rates for fiscal year 2022/2023 are less than or equal to the allowable adjusted maximum assessment rates per Equivalent Benefit Unit approved by the property owners of record at the time the District was established pursuant to the California Constitution Article XIII.D. These adjusted maximum assessment rates are based on an assessment range formula that includes an annual inflationary adjustment of (3.5%) to the previous fiscal year’s maximum assessment rates. This inflation adjusted is applied to the maximum assessment rates each fiscal year whether the annual assessments levied are increased or not.
SECTION 4. The City Council hereby orders the proposed improvements to be made, which improvements may include any improvements, expenses and services authorized pursuant to the 1972 Act including, but not limited to, the maintenance, operation and servicing of local street lighting, parks, and various landscaping improvements established in connection with development of the properties within the District, and which shall be maintained for the special benefit of those properties. The maintenance and servicing of the improvements generally include, but are not limited to, the materials, equipment, utilities, labor, and incidental expenses, including administrative expenses, required for annual operation, as well as the performance of periodic repairs and replacement activities as needed to provide for the growth, health, and beauty of the parks and landscaping within specified public areas, rights-of-way and/or dedicated easements, the proper operation and functioning of related amenities including, irrigation and drainage systems, specified fencing, hardscapes; sports courts and fields; playground equipment and structures; sidewalks, ornamental or safety lighting; benches, trash receptacles; drinking fountains, picnic facilities and any other equipment, structures or facilities related to the parks and/or landscape areas; and the proper operation of the public street lights and street lighting system within the public rights-of-way which may include, but is not limited to the furnishing of electric current or other illuminating agent; as needed maintenance, repair, and replacement of worn out electrical components and light fixtures, including bulbs, ballasts, photoelectric cells, meters, electrical cables; repair or replacement of damaged poles, ground wires, and conduits caused by accidents, vandalism, time, and weather; and monitoring of the Underground Service Alert (USA) network to prevent damage by excavation. The Engineer’s Report filed with the City Clerk and presented to the City Council more fully describes the improvements proposed for Fiscal Year 2022/2023.
SECTION 5. The City Council hereby confirms the diagram and assessments, with respect to the parcels in the District, as presented in the Engineer's Report or as amended herein by direction of the City Council.
SECTION 6. The City Council hereby confirms that the assessments as described in the Engineer’s Report are in compliance with the provisions of the 1972 Act and Article XIIID of the California Constitution and are levied without regard to property valuation and such assessments are levied for the purpose of paying the costs and expenses of the improvements described in SECTION 4 above for the fiscal year commencing on July 1, 2020 and ending on June 30, 2020, and the City Council hereby overrules all protests and objections to the levy and collection of the proposed assessment for the fiscal year 2022/2023.
SECTION 7. The adoption of this resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2022, and ending June 30, 2023.
SECTION 8. The City Council hereby orders the District improvements to be made as outlined by the Engineer’s Report and by these proceedings; and,
SECTION 9. Pursuant to applicable law, City staff or their designee is hereby authorized and directed to file as may be required the annual levy of the District assessments for fiscal year 2022/2023 as approved herein with the Santa Barbara County Auditor/Controller along with a certified copy of this resolution; and/or other resolutions and documents as may be required by the County Auditor/Controller, including copies of the Engineer’s Report and/or Assessment Diagram confirmed by this resolution.
SECTION 10. The County Auditor of Santa Barbara County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Treasurer.
SECTION 11. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for the District and such moneys shall be expended only for the improvements described in SECTION 4 above.
SECTION 12. The City Clerk shall certify to the passage and adoption of this resolution, and the minutes of this meeting shall so reflect the City Council’s approval and confirmation of the Engineer’s Report and Assessment Diagram prepared in connection with the District assessments for fiscal year 2022/2023 so authorized.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 28th day of June 2022 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-56, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 28, 2022, and that same was approved and adopted.
ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
Agenda Item No. 12
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 28, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Guadalupe Benefit Assessment District No. 1 (FY 2022-23) – Public Hearing RECOMMENDATION:
It is recommended that the City Council conduct the public hearing to provide all present with an opportunity to speak regarding the assessments for the Guadalupe Benefit Lighting District No. 1 and that the City Council adopt Resolution No. 2022-57 setting the proposed assessments.
DISCUSSION:
City Council is responsible for levying assessments based upon prior year costs and estimated future costs for lighting and landscaping in the Point Sal Dunes and Riverview subdivisions of the Guadalupe Benefit Assessment District No. 1. Benefit assessments are established to cover the estimated annual costs for Fiscal Year 2022-2023. In compliance with Section 6066 of the Government Code, benefit assessments require a public hearing.
FISCAL IMPACT:
The Guadalupe Benefit Assessment District No. 1 Fixed Charges Report for Fiscal Year 2022-2023 has been prepared to detail the estimated FY 2022-23 annual costs for the Guadalupe Benefit Assessment District No. 1. (See Exhibit “A.”) The anticipated FY 2022-23 costs are $17,727.34 for Point Sal Dunes and $6,019.90 for Riverview. The proposed costs per parcel are as follows (does not include County Administrative fee of $1.00 per parcel).
Riverview (50 parcels) Per Parcel Assessment: $120.40
Point Sal Dunes (254 parcels) Per Parcel Assessment: $ 69.79 The proposed assessments for Point Sal Dunes and Riverview are unchanged from last year.
ATTACHMENTS:
1. Resolution No. 2022-57
2. Exhibit A
3. Property Tax Roll 22-23 Fund 0641
Shannon Sweeney
RESOLUTION NO. 2022-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE CONFIRMING LIGHTING AND LANDSCAPING CHARGES FOR THE GUADALUPE BENEFIT ASSESSMENT DISTRICT NO. 1 AND AUTHORIZING THE SANTA BARBARA COUNTY AUDITOR-CONTROLLER’S OFFICE TO COLLECT SAID BENEFIT ASSESSMENTS FOR THE 2022-2023 TAX YEAR
WHEREAS, Guadalupe Benefit Assessment District No. 1 (“District”) was established by City Council Resolution No. 91-945 on February 11, 1991; and
WHEREAS, boundaries of said District were expanded by Resolution Nos. 91-978, 92-09, and 94-31; and
WHEREAS, said District was established for the purposes of providing street lighting, landscape maintenance, drainage maintenance, and other purposes within the District; and WHEREAS, pursuant to Government Code §54716, a written report containing a description of the parcels in the Guadalupe Benefit Assessment District No. 1 and the amount of the assessments based on the estimated benefit for such parcels has been prepared and was filed with the City Clerk of the City of Guadalupe; and
WHEREAS, the Council designated Tuesday, June 28, 2022, at the hour of 6:00 p.m. in the Council Chambers, 918 Obispo Street, Guadalupe, California as the time and place for the hearing of protests and objections in relation to said assessments; and
WHEREAS, notice of said hearing was duly posted and published, and affidavits of said posting and publication have been duly filed; and
WHEREAS, Government Code §54716(d) provides that at said hearing the City Council shall hear and consider all protests and at the conclusion of the hearing the City Council may adopt, revise, change, or modify any assessment and shall make its determination by Resolution upon each proposed assessment described in the said report; and
WHEREAS, the Auditor-Controller of Santa Barbara County requires that each year a resolution be passed which identifies the amount to be charged as an annual assessment; and WHEREAS, the City Engineer of the City of Guadalupe has determined that the estimated lighting and landscaping costs with administration for Fiscal Year 2022-2023 will be Six Thousand Nineteen Dollars and Ninety Cents ($6,019.90) for the Riverview Subdivision and Seventeen Thousand Seven Hundred Twenty-Seven Dollars and Thirty-Four Cents ($17,727.34) for Point Sal Dunes Subdivision.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe does hereby:
SECTION 1. Allocate the Six Thousand Nineteen Dollars and Ninety Cents ($6,019.90) for the Riverview Subdivision among fifty (50) parcels at the assessment rate of One Hundred Twenty Dollars and Forty Cents ($120.40) per parcel and the Seventeen Thousand Seven Hundred Twenty-Seven Dollars and Thirty-Four Cents ($17,727.34) for Point Sal Dunes Subdivision among Two Hundred Fifty-Four (254) ATTACHMENT 1
parcels at the assessment rate of Sixty-Nine Dollars and Seventy-Nine Cents ($69.79) as outlined in the 2022-2023 Guadalupe City Assessment District No. 1 Fixed Charges Report (attached hereto as Exhibit “A”); and
SECTION 2. Direct the Santa Barbara County Auditor-Controller’s Office to collect said benefit assessments for the 2022-2023 tax year at the same time and in the same manner as the general tax levy for the County of Santa Barbara as set forth in Government Code §54716.
SECTION 3. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 28th day of June 2022 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
RECUSED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-57, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 28, 2022, and that same was approved and adopted.
ATTEST:
____________________________________
Ariston Julian, Mayor
______________________________
Amelia M. Villegas, City Clerk
APPROVED AS TO FORM:
_____________________________
Philip F. Sinco, City Attorney
EXHIBIT “A”
City of Guadalupe
Benefit Assessment District No. 1
Fixed Charges Report
FY 2022-23
ATTACHMENT 2
City of Guadalupe
Benefit Assessment District No. 1
FY 2022-23
RIVERVIEW
(Phase I)
Estimated Lighting and Landscaping
Operation, Maintenance, and Replacement Costs
July 1, 2022 through June 30, 2023
This report provides the estimated annual costs for benefit assessment district administration, landscape maintenance, and street lighting for Riverview (Phase I) for FY 2022-23. PG&E street lighting costs are based on Rate Schedule LS-1.
There are 50 parcels within Riverview (Phase I). Each is assessed equally.
RIVERVIEW
(Phase I)
Estimated Costs
July 1, 2022 through June 30, 2023
Overhead Costs:
Overhead costs include Administration, Public Works, and Finance Department oversight, monthly payment of invoices, preparation of the annual cost study, presentation of cost study to City Council at a properly noticed Public Hearing, interaction with the Santa Barbara County Auditor-Controller’s office, and review and sign-off on the annual cost study per State law. Also included is an allowance for street light replacement and a pro-rated cost of liability insurance for the district. 543.00
Allowance for Street Light Replacement 300.00
City Engineer 550.00
Liability Insurance 159.00
Overhead Costs $ 1,552.00
Admininstration/Finance per Cost Allocation Study
Landscape Maintenance Costs:
The City will contract with a landscaping firm to maintain the district’s street landscaping. The landscaping uses an irrigation system. Periodically, plants, trees, and shrubs need to be replaced.
Item Total
Landscaping contract with landscaping firm for maintenance of street landscaping 1209.00 Irrigation water (per City records) 100.00
Allowance for replacement of plants, trees, and shrubs 678.50 Annual Landscape Costs: $ 1,987.50
Street Lighting Costs:
Estimated annual costs for street lighting based on PG&E Rate Schedule LS-1.
Number of
Street Lights Rate/Year Total
Riverview 15 $165.36 $2,480.40
TOTAL ESTIMATED ANNUAL COST: $6,019.90
COST PER PARCEL ($6,019.90 / 50 Parcels) $120.40
City of Guadalupe
Benefit Assessment District No. 1
FY 2022-23
POINT SAL DUNES
(Phases I, II, III, IVa, IVb, IVc, Va, and Vb)
Estimated Lighting and Landscaping
Operation, Maintenance and Replacement Costs
July 1, 2022 through June 30, 2023
This report provides the estimated annual costs for Benefit Assessment District administration, landscape maintenance, and street lighting for Point Sal Dunes (Phases I, II, III, IVa, IVb, IVc, Va, and Vb) for 2022-23. PG&E street lighting costs are based on Rate Schedule LS-1.
There are 254 parcels within Point Sal Dunes (Phases I, II, III, IVa, IVb, IVc, Va, and Vb). Each is assessed equally.
POINT SAL DUNES
(Phases I, II, III, IVa, IVb, IVc, Va, and Vb)
Estimated Costs
July 1, 2022 through June 30, 2023
Overhead Costs:
Overhead costs include Administration, Public Works, and Finance Department oversight, monthly payment of invoices, preparation of the annual cost study, presentation of cost study to City Council at a properly noticed Public Hearing, interaction with the Santa Barbara County Auditor-Controller’s office, and review and sign-off on the annual cost study per State law. Also included is an allowance for street light replacement and a pro-rated cost of liability insurance for the district. 1628.00
Allowance for Street Light Replacement 800.00
City Engineer 950.00
Liability Insurance 481.00
Admin/Finance/Public Works/Water staffing costs $ 3,859.00 Admininstration/Finance per Cost Allocation Study
Landscape Maintenance Costs:
The City will contract with a landscaping firm to maintain the district’s street landscaping. The landscaping uses an irrigation system. Periodically, plants, trees, and shrubs need to be replaced.
Item Total
Landscaping contract with landscaping firm for maintenance of street landscaping 4815.00 Irrigation water (per City records) 875.00
Allowance for replacement of plants, trees, and shrubs 1729.30 Estimated Annual Landscape Costs: $ 7,419.30
Street Light Electrical Costs:
Estimated annual costs for street lighting based on PG&E Rate Schedule LS-1.
Number of
Street Lights Rate/Year Total
Pt. Sal Dunes (all 8 Phases) 39 $165.36 $6,449.04
TOTAL ESTIMATED ANNUAL COST: $17,727.34
COST PER PARCEL ($17.727.34 / 254 Parcels) = $69.79
District Name: Guadalupe Benefit Assessment District #1 Description: Fund 0641, Lighting and Landscaping
Tax Year: 2022-23
Contact Person: City Administrator, (805) 356-3891
Total # of Assessments: 304
Total Assessment Amount: $23,746.66
ATTACHMENT 3
0641 113-380-001 69.79
0641 113-380-002 69.79
0641 113-380-003 69.79
0641 113-380-004 69.79
0641 113-380-005 69.79
0641 113-380-006 69.79
0641 113-380-007 69.79
0641 113-380-008 69.79
0641 113-380-009 69.79
0641 113-380-010 69.79
0641 113-380-011 69.79
0641 113-380-012 69.79
0641 113-380-013 69.79
0641 113-380-014 69.79
0641 113-380-015 69.79
0641 113-380-016 69.79
0641 113-380-017 69.79
0641 113-380-018 69.79
0641 113-380-019 69.79
0641 113-380-020 69.79
0641 113-380-021 69.79
0641 113-380-022 69.79
0641 113-380-023 69.79
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0641 113-380-025 69.79
0641 113-380-026 69.79
0641 113-380-027 69.79
0641 113-380-028 69.79
0641 113-380-029 69.79
0641 113-380-030 69.79
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0641 113-380-032 69.79
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0641 113-380-035 69.79
0641 113-380-036 69.79
0641 113-380-037 69.79
0641 113-380-038 69.79
0641 113-380-039 69.79
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0641 113-380-049 69.79
0641 113-380-050 69.79
0641 113-380-051 69.79
0641 113-380-052 69.79
0641 113-380-053 69.79
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0641 113-380-055 69.79
0641 113-380-056 69.79
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0641 113-380-058 69.79
0641 113-380-059 69.79
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0641 113-380-062 69.79
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0641 113-380-070 69.79
0641 113-380-071 69.79
0641 113-390-001 69.79
0641 113-390-002 69.79
0641 113-390-003 69.79
0641 113-390-004 69.79
0641 113-390-005 69.79
0641 113-390-006 69.79
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0641 113-390-008 69.79
0641 113-390-009 69.79
0641 113-390-010 69.79
0641 113-390-011 69.79
0641 113-390-012 69.79
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0641 113-390-017 69.79
0641 113-390-018 69.79
0641 113-390-019 69.79
0641 113-390-020 69.79
0641 113-390-021 69.79
0641 113-390-022 69.79
0641 113-390-023 69.79
0641 113-390-024 69.79
0641 113-390-025 69.79
0641 113-390-026 69.79
0641 113-390-027 69.79
0641 113-390-028 69.79
0641 113-390-029 69.79
0641 113-390-030 69.79
0641 113-390-031 69.79
0641 113-390-032 69.79
0641 113-390-033 69.79
0641 113-390-034 69.79
0641 113-390-035 69.79
0641 113-390-036 69.79
0641 113-390-037 69.79
0641 113-390-038 69.79
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0641 113-390-040 69.79
0641 113-390-041 69.79
0641 113-390-042 69.79
0641 113-390-043 69.79
0641 113-390-044 69.79
0641 113-390-045 69.79
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0641 113-390-047 69.79
0641 113-390-048 69.79
0641 113-390-049 69.79
0641 113-390-050 69.79
0641 113-390-051 69.79
0641 113-390-052 69.79
0641 113-390-053 69.79
0641 113-390-054 69.79
0641 113-390-055 69.79
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0641 113-390-057 69.79
0641 113-390-058 69.79
0641 113-390-059 69.79
0641 113-390-060 69.79
0641 113-390-061 69.79
0641 113-390-062 69.79
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0641 113-400-003 69.79
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0641 113-400-005 69.79
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0641 113-400-008 69.79
0641 113-400-009 69.79
0641 113-400-010 69.79
0641 113-400-011 69.79
0641 113-400-012 69.79
0641 113-400-013 69.79
0641 113-400-014 69.79
0641 113-400-015 69.79
0641 113-400-016 69.79
0641 113-400-017 69.79
0641 113-400-018 69.79
0641 113-400-019 69.79
0641 113-400-020 69.79
0641 113-400-021 69.79
0641 113-400-022 69.79
0641 113-400-023 69.79
0641 113-400-024 69.79
0641 113-400-025 69.79
0641 113-400-026 69.79
0641 113-400-027 69.79
0641 113-400-028 69.79
0641 113-400-029 69.79
0641 113-400-030 69.79
0641 113-410-001 120.4
0641 113-410-002 120.4
0641 113-410-003 120.4
0641 113-410-004 120.4
0641 113-410-005 120.4
0641 113-410-006 120.4
0641 113-410-007 120.4
0641 113-410-008 120.4
0641 113-410-009 120.4
0641 113-410-010 120.4
0641 113-410-011 120.4
0641 113-410-012 120.4
0641 113-410-013 120.4
0641 113-410-014 120.4
0641 113-410-015 120.4
0641 113-410-016 120.4
0641 113-410-017 120.4
0641 113-410-018 120.4
0641 113-410-019 120.4
0641 113-410-020 120.4
0641 113-410-021 120.4
0641 113-410-022 120.4
0641 113-410-023 120.4
0641 113-410-024 120.4
0641 113-410-025 120.4
0641 113-410-026 120.4
0641 113-410-027 120.4
0641 113-410-028 120.4
0641 113-410-029 120.4
0641 113-410-030 120.4
0641 113-410-031 120.4
0641 113-410-032 120.4
0641 113-410-033 120.4
0641 113-410-034 120.4
0641 113-410-035 120.4
0641 113-410-036 120.4
0641 113-410-037 120.4
0641 113-410-038 120.4
0641 113-410-039 120.4
0641 113-410-040 120.4
0641 113-410-041 120.4
0641 113-410-042 120.4
0641 113-410-043 120.4
0641 113-410-044 120.4
0641 113-410-045 120.4
0641 113-410-046 120.4
0641 113-410-047 120.4
0641 113-410-048 120.4
0641 113-410-049 120.4
0641 113-410-050 120.4
0641 113-420-001 69.79
0641 113-420-002 69.79
0641 113-420-003 69.79
0641 113-420-004 69.79
0641 113-420-005 69.79
0641 113-420-006 69.79
0641 113-420-007 69.79
0641 113-420-008 69.79
0641 113-420-009 69.79
0641 113-420-010 69.79
0641 113-420-011 69.79
0641 113-420-012 69.79
0641 113-420-013 69.79
0641 113-420-014 69.79
0641 113-420-015 69.79
0641 113-420-016 69.79
0641 113-420-017 69.79
0641 113-420-018 69.79
0641 113-420-019 69.79
0641 113-420-020 69.79
0641 113-420-021 69.79
0641 113-430-001 69.79
0641 113-430-002 69.79
0641 113-430-003 69.79
0641 113-430-004 69.79
0641 113-430-005 69.79
0641 113-430-006 69.79
0641 113-430-007 69.79
0641 113-430-008 69.79
0641 113-430-009 69.79
0641 113-430-010 69.79
0641 113-430-011 69.79
0641 113-430-012 69.79
0641 113-430-013 69.79
0641 113-430-014 69.79
0641 113-430-015 69.79
0641 113-430-016 69.79
0641 113-430-017 69.79
0641 113-430-018 69.79
0641 113-430-019 69.79
0641 113-430-020 69.79
0641 113-430-021 69.79
0641 113-430-022 69.79
0641 113-430-023 69.79
0641 113-430-024 69.79
0641 113-430-025 69.79
0641 113-430-026 69.79
0641 113-430-027 69.79
0641 113-430-028 69.79
0641 113-430-029 69.79
0641 113-430-030 69.79
0641 113-430-031 69.79
0641 113-430-032 69.79
0641 113-440-001 69.79
0641 113-440-002 69.79
0641 113-440-003 69.79
0641 113-440-004 69.79
0641 113-440-005 69.79
0641 113-440-006 69.79
0641 113-440-007 69.79
0641 113-440-008 69.79
0641 113-440-009 69.79
0641 113-440-010 69.79
0641 113-440-011 69.79
0641 113-440-012 69.79
0641 113-440-013 69.79
0641 113-440-014 69.79
0641 113-440-015 69.79
0641 113-440-016 69.79
0641 113-440-017 69.79
0641 113-440-018 69.79
0641 113-440-019 69.79
0641 113-440-020 69.79
0641 113-440-021 69.79
0641 113-440-022 69.79
0641 113-440-023 69.79
0641 113-440-024 69.79
0641 113-440-025 69.79
0641 113-440-026 69.79
0641 113-440-027 69.79
0641 113-440-028 69.79
0641 113-440-029 69.79
0641 113-440-030 69.79
0641 113-440-031 69.79
0641 113-440-032 69.79
0641 113-440-033 69.79
0641 113-440-034 69.79
0641 113-440-035 69.79
0641 113-440-036 69.79
0641 113-440-037 69.79
0641 113-440-038 69.79
0641 113-440-039 69.79
Agenda Item No. 13
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 28, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director / City Engineer
SUBJECT: Guadalupe Lighting District (FY 2022 – 23) – Public Hearing RECOMMENDATION:
it is recommended that the City Council conduct a public hearing to provide all present with an opportunity to speak regarding the assessments for the Guadalupe Lighting District and that the City adopt Resolution No. 2022-58 setting the proposed assessments.
DISCUSSION:
Benefit assessments are levied for the Guadalupe Lighting District to cover the annual costs of street lighting. The Guadalupe Lighting District is a subsidiary district of the City of Guadalupe. Administration of the district is the responsibility of the City. In compliance with section 6066 of the Government Code, benefit assessments require a public hearing.
FISCAL IMPACT:
The City Engineer has prepared an estimate of the annual costs for the Guadalupe Lighting District based on the Guadalupe Lighting Report. (See Attachment 2). Since the Lighting District also receives property tax, the annual cost to be covered by the benefit assessment is $7,187.29 in 2022 – 23.
The amount charged for parcel within the Lighting District varies based on the type of parcel – apartment, home, commercial, industrial, and so forth. The amount charged for parcel was established with the Lighting District. The proposed 2022 – 23 rates will vary from $2.40 (vacant land) to $28.72 (heavy commercial). Rates are unchanged from last year.
Rates 18/19 19/20 19/20 20/21 21/22
Heavy Commercial $73.53 $28.72 $28.72 $28.72 $28.72
Industrial/Light Commercial $49.71 $19.46 $19.46 $19.46 $19.46 MF Residential/ Apartments $25.94 $10.16 $10.16 $10.16 $10.16 Churches $18.01 $7.05 $7.05 $7.05 $7.05
SF Residential $10.08 $3.95 $3.95 $3.95 $3.95
Vacant land $6.15 $2.40 $2.40 $2.40 $2.40
Shannon Sweeney
ATTACHMENTS:
1. Resolution No. 2022-58
2. Exhibit A
3. Property Tax Roll 22-23 Fund 2686
RESOLUTION NO. 2022-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE CONFIRMING STREET LIGHTING
CHARGES FOR THE GUADALUPE LIGHTING DISTRICT AND AUTHORIZING THE SANTA BARBARA COUNTY AUDITOR-CONTROLLER’S OFFICE TO COLLECT SAID BENEFIT ASSESSMENT FOR THE 2022- 2023 TAX YEAR
WHEREAS, the City of Guadalupe has established a benefit assessment district known as the Guadalupe Lighting District (“District”); and
WHEREAS, said District was established to provide street lighting within the District; and WHEREAS, pursuant to Government Code §54716, a written report containing a description of the parcels in the District and the amount of assessments based on the estimated benefit for such parcels has been prepared and filed with the City Clerk of the City of Guadalupe; and WHEREAS, the City Council designated Tuesday, June 28, 2022, at the hour of 6:00 p.m. in the Council Chambers, 918 Obispo Street, Guadalupe, California as the time and place for the hearing of protests and objections in relation to said assessment; and
WHEREAS, notice of said hearing was duly posted and published, and affidavits of said posting and publication have been duly filed; and
WHEREAS, Government Code §54716(d) provides that at said hearing the City Council shall hear and consider all protests and at the conclusion of the hearing the City Council may adopt, revise, change, or modify any assessment and shall make its determination by resolution upon each proposed assessment described in the said report.
WHEREAS, the Auditor-Controller of Santa Barbara County requires that each year a resolution be passed which identifies the amount to be charged as an annual assessment; and WHEREAS, the City Engineer of the City of Guadalupe has determined that the estimated lighting costs with administration for Fiscal Year 2022-2023 will be One Hundred Forty-Six Thousand One Hundred Ninety-Eight Dollars and Twenty-nine Cents ($146,198.29) and Seven Thousand One Hundred EightySeven Dollars and Twenty-Nine Cents ($7,187.29) of these costs need to be allocated to parcels within the Guadalupe Lighting District.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe does hereby:
SECTION 1. Confirm and levy the benefit assessment outlined in the Guadalupe Lighting District Report for Fiscal Year 2022-23 (attached hereto as Exhibit “A”); and SECTION 2. Distributes that assessment to each parcel in the district based on type of use, as follows:
ATTACHMENT 1
# of Assess. Total
Type of Use Parcels per Parcel Assess.
Heavy Commercial 1 $28.72 $28.72
Industrial/Light Commercial 73 $19.46 $1,420.58
MF Residential/Apartments 114 $10.16 $1,158.24
Churches 10 $7.05 $70.50
SF Residential 1,079 $3.95 $4,262.05
Vacant land 103 $2.40 $247.20
Total 1,380 $7,187.29
SECTION 3. Directs the Santa Barbara County Auditor-Controller’s office to collect said benefit assessments for the 2022-2023 tax year at the same time and in the same manner as the general tax levy for the County of Santa Barbara as set forth in Government Code §54716.
SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 28th day of June 2022 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2022-58, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 28, 2022, and that same was approved and adopted.
ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
EXHIBIT “A”
City of Guadalupe
Guadalupe Lighting District Report
FY 2022-23
ATTACHMENT 2
City of Guadalupe
Lighting District
FY 2022-23
Street Lighting Operation,
Maintenance, and Replacement Costs
July 1, 2022 through June 30, 2023
This report provides the estimated annual PG&E Street Lighting costs, miscellaneous electrical costs, and assessment district administrative costs for 2022-23. Street Lighting costs are based on PG&E Rate Schedule LS-1.
City of Guadalupe
Lighting District
Estimated Costs
July 1, 2022 through June 30, 2023
Administrative/Finance/Public Works/Water Department Staffing Costs:
Administration, Public Works, and Finance costs include general oversight, monthly payment of invoices, preparation of the annual cost study and presentation to Council during a properly noticed Public Hearing, interaction with the Santa Barbara County Auditor-Controller’s office, review and sign-off on the annual cost study and interaction with PG&E concerning non-functioning street lights.
Street Lighting Costs:
Estimated street lighting costs for the period July 1, 2022 through June 30, 2023 based on PG&E Rate Schedule LS-1. There are 271 street lights in the Lighting District.
Number of
Street Lights Rate/Year Total
271 $165.36 $44,812.56
Miscellaneous Electrical Costs:
The Lighting District pays the electrical costs for the Katayama Clock, the downtown parking lot, and the Amtrak depot. Estimated electrical costs for the period July 1, 2022 through June 30, 2023.
Item Months Per Month Total
Katayama Clock 12 $23.70 $284.40
Parking Lot 12 $910.00 $10,920.00
Amtrak Depot 12 $230.00 $2,760.00
Total $13,964.40
Total Annual Costs $146,198.29
Less Property Taxes ($139,011.00)
Annual Cost to be covered by Assessment $7,187.29
6,547.00
Street Light Replacement Project 77,600.00
City Engineer 1,474.33
Liability Insurance 1,800.00
Overhead Costs $ 87,421.33
Admininstration/Finance
District Name: Guadalupe Lighting District
Description: Fund 2686, Street Lighting
Tax Year: 2022-23
Contact Person: City Administrator, (805) 356-3891
Total # of Assessments: 1380
Total Assessment Amount: $7,187.29
ATTACHMENT 3
FundNumber ParcelNumber Amount
2686 113-320-001 3.95
2686 113-320-002 3.95
2686 113-320-003 3.95
2686 113-320-004 3.95
2686 113-320-005 3.95
2686 113-320-006 3.95
2686 113-320-007 3.95
2686 113-320-008 3.95
2686 113-320-009 3.95
2686 113-320-010 3.95
2686 113-320-011 3.95
2686 113-320-012 3.95
2686 113-320-013 3.95
2686 113-320-014 3.95
2686 113-320-015 3.95
2686 113-320-016 3.95
2686 113-320-017 3.95
2686 113-320-018 3.95
2686 113-320-019 3.95
2686 113-320-020 3.95
2686 113-320-021 3.95
2686 113-320-022 3.95
2686 113-320-023 3.95
2686 113-320-024 3.95
2686 113-320-025 3.95
2686 113-320-026 3.95
2686 113-320-027 3.95
2686 113-320-028 3.95
2686 113-320-029 3.95
2686 113-320-030 3.95
2686 113-320-031 3.95
2686 113-320-032 3.95
2686 113-320-033 3.95
2686 113-320-034 3.95
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2686 113-320-036 3.95
2686 113-320-037 3.95
2686 113-320-038 3.95
2686 113-320-039 3.95
2686 113-320-040 3.95
2686 113-320-041 3.95
2686 113-320-042 3.95
2686 113-320-043 3.95
2686 113-320-044 3.95
2686 113-320-045 3.95
2686 113-320-046 3.95
2686 113-320-047 3.95
2686 113-320-048 3.95
2686 113-320-049 3.95
2686 113-320-050 3.95
2686 113-320-051 3.95
2686 113-320-052 3.95
2686 113-320-053 3.95
2686 113-320-054 3.95
2686 113-320-055 3.95
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2686 113-320-057 3.95
2686 113-320-058 3.95
2686 113-320-059 3.95
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2686 113-320-073 3.95
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2686 113-330-008 3.95
2686 113-330-009 3.95
2686 113-330-010 3.95
2686 113-330-011 3.95
2686 113-330-013 3.95
2686 113-330-014 3.95
2686 113-330-015 3.95
2686 113-330-016 3.95
2686 113-330-017 3.95
2686 113-330-018 3.95
2686 113-330-019 3.95
2686 113-330-020 3.95
2686 113-330-021 3.95
2686 113-330-022 3.95
2686 113-330-023 3.95
2686 113-330-024 3.95
2686 113-330-025 3.95
2686 113-330-026 3.95
2686 113-330-027 3.95
2686 113-330-028 3.95
2686 113-330-029 3.95
2686 113-330-030 3.95
2686 113-330-031 3.95
2686 113-330-032 3.95
2686 113-330-033 3.95
2686 113-330-034 3.95
2686 113-330-035 3.95
2686 113-330-036 3.95
2686 113-330-037 3.95
2686 113-330-038 3.95
2686 113-330-039 3.95
2686 113-330-040 3.95
2686 113-330-041 3.95
2686 113-330-042 3.95
2686 113-330-043 3.95
2686 113-330-044 3.95
2686 113-330-045 3.95
2686 113-330-046 3.95
2686 113-330-047 3.95
2686 113-330-048 3.95
2686 113-330-049 3.95
2686 113-330-050 3.95
2686 113-330-051 3.95
2686 113-330-052 3.95
2686 113-330-053 3.95
2686 113-330-054 3.95
2686 113-330-055 3.95
2686 113-330-056 3.95
2686 113-330-057 3.95
2686 113-330-058 3.95
2686 113-330-059 3.95
2686 113-330-060 3.95
2686 113-330-061 3.95
2686 113-330-062 3.95
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Agenda Item No. 14
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 28, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Lorena Zarate, Finance Director Todd Bodem, City Administrator SUBJECT: Fiscal Year 2022-2023 Proposed Budget
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2022-59 accepting the proposed budget for the fiscal year 2022-2023, along with the Capital Improvement Projects Budget, Capital Facilities Program of Projects, and American Rescue Plan Act (ARPA) allocation of funds.
BACKGROUND:
City Council and City Staff participated in a goal-setting session on May 31, 2022. One of the goals of the City Council is to have a balance budget for the fiscal year 2022-2023, in which the priority is to build up reserves. In an effort to better match the upcoming year’s budget to the City’s priorities, City Staff hosted a budget workshop on June 15, 2022.
City Staff prepared a preliminary draft of the budget for the fiscal year 2022-2023 that was presented at the workshop. The draft represented excess expenditures over revenues of approximately $985,000.
City Staff took recommendations from City Council to reduce, eliminate, and defer expenditures.
DISCUSSION AND PROPOSED BUDGET OVERVIEW:
General Fund Summary
The proposed budget includes revenues of $6,923,013 and expenditures of $6,855,696. The expenditures are broken down in the graphs below. The preliminary draft budget presented during the workshop included revenues of $6,761,712 and expenditures of $7,746,896. The proposed budget represents an increase to revenue of $161,300 and a decrease to expenditures of $891,200 as compared to the preliminary budget.
Lorena Zarate
Currently, the proposed budget represents a balanced budget in which revenues are enough to cover the proposed expenditures. The proposed budget is in a breakeven state. The difference between budgeted revenues and budgeted expenditures per the proposed draft is $67,317, meaning revenues are slightly over expenditures by about $67,000. The budgeted expenditures per the proposed draft will need to be further reduced if the City Council would like to build additional reserves.
Details on the changes to the budgeted revenue and departmental expenditures per the proposed draft as compared to the preliminary draft presented during the workshop are explained below.
DEPARTMENT NAME
Prelimary Budget
FY22-23
Updated Proposed
Budget FY22-23
% of Total
Budget
Variance/Difference
between budgets
Variance
%
City Council 12,680 12,680 0.18% - 0%
Administration 539,000 507,300 7.40% (31,700) -7%
City Attorney 110,000 110,000 1.60% - 0%
Finance 594,683 578,583 8.44% (16,100) -3%
Non Departmental 778,507 588,507 8.58% (190,000) -28%
Building Maintenance 377,794 328,398 4.79% (49,396) -15% Police 3,218,800 2,848,700 41.55% (370,100) -13%
Fire 1,428,900 1,262,200 18.41% (166,700) -12%
Parks & Rec 390,172 366,272 5.34% (23,900) -7%
Building and Safety 296,360 253,060 3.69% (43,300) -15% Cannabis - - 0.00% - 0%
TOTAL ALL DEPARTMENTS: 7,746,896 6,855,700 (891,196) -13% 2022-23 GENERAL FUND PROPOSED DEPT BUDGET
General Fund Revenue (Attachment 2, A-1, and B-1)
Originally, expected transfers, (Attachment 2, B-1), into the general fund from other funds were estimated at $1,011,272. However, after making the recommended changes to the departmental expenditures and subsequently updating the draft calculation of the cost allocation study, which is Exhibit G of attachment 6, the expected transfers went down $4,899, to $1,006,373.
The transfer from ARPA (Attachment 5) was updated to include the funding of the Parks & Recreation Manager and Lead position in the amount of $166,200.
Overall, the proposed draft of the budget includes estimated revenues for the general fund in the amount of $6,923,013. This is a decrease of 2% as compared to the prior year budget.
General Fund Expenditures:
Council (Attachment 2, C-1)
The budget for the Council department per the proposed draft is $12,680 and did not change as compared to the preliminary budget presented during the workshop. Personnel services were calculated assuming the stipend amount would stay the same for all council members at $150 per month.
Administration (Attachment 2, C-2)
The budget for the Administration department per the proposed draft is $507,300, which represents a $31,700 decrease from the preliminary budget presented during the workshop.
The following changes were made to the calculation of the cost for personnel services for this department as compared to the preliminary draft presented during the workshop, please see Exhibit D of Attachment 6 for the payroll calculation:
• The elimination of the 20% potential increase to the City Administrator’s salary, which reduced the budget by approximately $31,700.
The following remained the same from the preliminary budget presented during the workshop:
• Unfilled HR position at predecessor hourly rate plus the assumption of a potential 3% COLA for unrepresentative employees.
• Election costs are expected to be $10,000 to include TOT, Treasurer, Mayor and two council members.
Attorney (Attachment 2, C-3)
The budget for the Attorney department per the proposed draft is $110,000 and did not change as compared to the preliminary budget presented during the workshop.
Finance (Attachment 2, C-4)
The budget for the Finance department per the proposed draft is $578,583, which represents a $16,100 decrease from the preliminary budget presented during the workshop.
The following changes were made to the calculation of the cost for personnel services for this department as compared to the preliminary draft presented during the workshop, please see Exhibit D of Attachment 6 for the payroll calculation:
• The elimination of bilingual pay for unrepresentative employees, which reduced the budget by $3,250.
• The elimination of anniversary step increases in hourly rates of all employees, which reduced the budget by $6,350
• The elimination of the temporary position during the Tyler accounting software implementation, which reduced the budget by $6,500
The following remained the same from the preliminary budget presented during the workshop:
• 3% COLA for unrepresentative employees
• The professional services expense includes new accounting software one-time and monthly cashiering and merchant fees, along with fees to HDL for the new services relating to sales and property tax revenue projections.
Non-Departmental (Attachment 2, C-5)
The budget for the non-Departmental department per the proposed draft is $588,507, which represents a $190,000 decrease from the preliminary budget presented during the workshop.
The following changes were made as compared to the preliminary draft presented during the workshop:
• The transfer for capital improvements (Attachment 3) decreased $190,000, which includes the following:
o The elimination of $40,000 for the rubberization of O’Connell park o The elimination of $150,000 for improvements at Tognazinni park The following remained the same from the preliminary budget presented during the workshop:
o Operating supplies includes $19,681 for Surface Pros that were allocated and funded by ARPA (Attachment 5)
o Information technology services includes the monthly service amount paid to Itech Solutions, along with the monthly service cost to maintain the City’s website. This line item also includes $36,888 for website and chambers equipment that were allocated and funded by ARPA (Attachment 5).
o Professional services includes audit fees, dreamhost and the Tyler accounting software annual fee of $19,978.
o Animal services contract increased $22,700 (Attachment 6 Exhibit H) o PPE costs of $4,630 allocated and funded by ARPA (Attachment 5) o Accounting software $21,353
o General plan update $40,840
o Maintenance of efforts for streets $60,000, of which $40,000 is going towards the Streets Rehabilitation project and $20,000 going to Measure A o Transfer to help the Library fund pay rent in the amount of $5,000
Building Maintenance (Attachment 2, C-6)
The budget for the Building Maintenance department per the proposed draft is $328,398, which represents a $49,396 decrease from the preliminary budget presented during the workshop.
The following changes were made to the calculation of the cost for personnel services for this department as compared to the preliminary draft presented during the workshop, please see Exhibit D of Attachment 6 for the payroll calculation:
• The allocation of 10% of the cost for Maintenance worker (James Batalla) from the building maintenance department to the transit fund which reduced the budget by $8,100. • The elimination of anniversary step increases in hourly rates of all employees, which reduced the budget by $1,210.
In addition, the following changes to other supplies and services were made as compared to the preliminary draft presented during the workshop:
• The elimination of the turf replacement for city facilities, which reduced the budget by $40,000 The following remained the same from the preliminary budget presented during the workshop:
• New Maintenance Lead position to be approved, filled and hired at step A • Utilities is proposed at $50,000 which includes new costs for the Leroy Park • Communications expense includes fiber optic internet and phones • Membership dues is proposed at $7,000 to account for the storm water permit and other health permits
• Operating expense includes $20,638 for finance and public works conference room upgrades allocated and funded by ARPA (Attachment 5).
• Professional services include the following:
o $46,698 and $30,876 for auditorium upgrades and vegetation maintenance, respectively, that were allocated and funded by ARPA (Attachment 5)
o $1,000 resurface of auditorium floor
o $57,000 recurring costs for maintenance
Police (Attachment 2, C-7)
The budget for the Police department per the proposed draft is $2,848,700, which represents a $370,100 decrease from the preliminary budget presented during the workshop.
The following changes were made to the calculation of the cost for personnel services for this department as compared to the preliminary draft presented during the workshop, please see Exhibit D of Attachment 6 for the payroll calculation:
• The deferment of two unfilled officer positions, which reduced the budget by $210,800. • The deferment of the unfilled Emergency Preparedness Coordinator, which reduced the budget by $109,000.
• The elimination of anniversary step increases in hourly rates of all employees, which reduced the budget by $35,600.
• The elimination of bilingual pay for unrepresentative employees, which reduced the budget by $3,250.
• The elimination of temporary intern position, which reduced the budget by $11,300.
The following remained the same from the preliminary budget presented during the workshop:
• Sergeant to Lieutenant promotion
• Potential POA COLA as union negotiations are underway • Overtime was estimated based on the current fiscal year trends through April 2022 • Increase for fuel costs, along with other supplies and services costs • Generator in the amount of $50,000, allocated and funded by ARPA (Attachment 5).
Fire (Attachment 2, C-8)
The budget for the Fire department per the proposed draft is $1,262,200, which represents a $166,700 decrease from the preliminary budget presented during the workshop.
The following changes were made to the calculation of the cost for personnel services for this department as compared to the preliminary draft presented during the workshop, please see Exhibit D of Attachment 6 for the payroll calculation:
• The elimination of the Battalion Chief position, which reduced the budget by approximately $148,000.
• The elimination of anniversary step increases in hourly rates of all employees, which reduced the budget by $8,000.
• The elimination of temporary intern position, which reduced the budget by $11,000.
The following remained the same from the preliminary budget presented during the workshop:
• Potential IAFF COLA as union negotiations are underway • Overtime was estimated based on recent union negotiation terms • Increase for fuel costs, along with other supplies and services costs Parks and Recreation (Attachment 2, C-9)
The budget for the Parks and Rec department per the proposed draft is $366,272, which represents a $23,900 decrease from the preliminary budget presented during the workshop.
The following changes were made to the calculation of the cost for personnel services for this department as compared to the preliminary draft presented during the workshop, please see Exhibit D of Attachment 6 for the payroll calculation:
• The allocation of 10% of the cost for Maintenance worker (James Batalla) from the building maintenance department to the transit fund which reduced the budget by $8,100. • The elimination of anniversary step increases in hourly rates of all employees, which reduced the budget by $3,300.
In addition, the following changes to other supplies and services were made as compared to the preliminary draft presented during the workshop:
• The elimination of locks, which reduced the budget by $2,400. • The elimination of the Central Park booster pump for $10,000.
The following remained the same from the preliminary budget presented during the workshop:
• New Maintenance Lead position to be approved, filled and hired at step A
• 3% COLA for unrepresentative employees
• Utilities and communications are proposed at $85,000 and $4,000, respectively, which includes new costs for the Leroy Park.
• Operating expense includes $29,571 for recreational programs, tables, storage and concession stand allocated and funded by ARPA (Attachment 5).
• Increase in fuel costs
• Professional services include $40,500 recurring costs for maintenance Building and Permits (Attachment 2, C-10)
The budget for the Building and Permits department per the proposed draft is $253,060, which represents a $43,300 decrease from the preliminary budget presented during the workshop.
The following changes were made to the calculation of the cost for personnel services for this department as compared to the preliminary draft presented during the workshop, please see Exhibit D of Attachment 6 for the payroll calculation:
• The deferment of the Associate Planner position, which reduced the budget by $103,000, replaced by an increase to professional services for consultants of $60,000.
The following remained the same from the preliminary budget presented during the workshop:
• Temporary assignment during the planning accounting software implementation for scanning, allocated and funded by ARPA (Attachment 5)
• $10,000 annual fees for the new planning software.
Cannabis (Attachment 2, C-11)
This department was not previously included in the budget. Per the City Administrator, there are no additional fees to be paid to HDL at this time. As such, the proposed budget did not change from the preliminary budget presented during the workshop for this department.
General Fund Conclusion
Overall, estimated expenditures for the general fund per the proposed budget total $6,855,700, which are approximately $891,200 less than the preliminary draft budget presented during the workshop. As revenues are expected to exceed expenditures by $67,000, the estimated fund balance for the general fund is expected to be in the black approximately $890,000 for fiscal year 2023 (Attachment 2, J-1). With the changes made after the budget workshop, which are reflected in the proposed budget presented tonight, the City has a balanced budget. Having a balanced budget was one of the main goals of the City Council.
Public Safety Special Funds (Attachment 2, D-1 through D-3) Proposed budgeted revenues for fiscal year 2022-2023 are similar to prior year revenue. No expenses are currently budgeted under these departments. Most of the funds are Proposition 172 funds, related to the Local Public Safety Protection and Improvement Act of 1993, and must be expended only on public safety services as defined in Government Code 30052. The proposed budget for these funds did not change from the preliminary budget presented during the workshop.
Streets Special Funds:
Measure A (Attachment 2, E-1, and E-2)
The proposed budget for Measure A is $1,249,298 which represents a $7,550 decrease from the preliminary budget presented during the workshop. The decrease corresponds to the following:
• Elimination of anniversary step increases in hourly rates of all employees, which reduced the budget by $2,890.
• Update to the transfer to the General Fund per the draft cost allocation study decreased $4,650.
The following remained the same from the preliminary budget presented during the workshop:
• New Engineering Technician position to be filled at step B • Potential 3% COLA for unrepresentative employees
• Potential increase to Public Works Director to $70/hour • $45,000 for a replacement utility vehicle
• $13,000 for equipment for tree survey
• An increase for fuel costs
• $5,000 for the removal of trees from native garden
• $105,000 for an Urban Forest Plan
• Transfers for capital improvements (Attachment 3) are estimated to be $610,200 to fund street rehabilitation, sidewalk repairs, storm drain improvements.
Gas Tax (Attachment 2, E-1, and E-3)
The proposed budget for the Gas Tax fund is $705,302, and only decreased $50 from the preliminary draft presented during the workshop for the update to the transfer to the General Fund per the draft cost allocation study. Transfers for capital improvement (Attachment 3) are estimated to be $701,000 for street rehabilitation.
LTF (Attachment 2, E-1, and E-4)
The proposed budget for LTF is $8,800, for transfers for capital improvements (Attachment 3) for sidewalk repairs. No change from the preliminary draft of the budget presented during the workshop.
SB1 RMRA (Attachment 2, E-1, and E-5)
The proposed budget for SB1 RMRA is $380,000, related to transfers for capital improvement (Attachment 3) for street rehabilitation. No change from the preliminary draft of the budget presented during the workshop.
ASHC Pedestrian (Attachment 2, E-1, and E-7)
Budgeted revenues are $200,000 from ASHC grant to fund the 11th St Multimodal path design project.
No change from the preliminary draft of the budget presented during the workshop.
Enterprise Funds:
Water Operating (Attachment 2, F-1, and F-2)
The proposed budget for the water operating fund is $2,803,506, which represents a $60,700 increase from the preliminary budget presented during the workshop. The increase corresponds to the following:
• Elimination of anniversary step increases in hourly rates of all employees, which reduced the budget by $2,300.
• Update to the transfer to the General Fund per the draft cost allocation study increased $3,100. • Increase of $60,000 for the turf replacement cost.
The following remained the same from the preliminary budget presented during the workshop:
• New Engineering Technician position to be filled at step B • Potential 3% COLA for unrepresentative employees
• Potential increase to Public Works Director to $70/hour • $115,000 for the reroute of Campodonico services
• $45,000 for a replacement utility vehicle
• $25,000 for backup well motor for Pasadera well
• $10,000 for pump maintenance
• An increase for utility and fuel costs
• $100,000 for the climate action plan and $40,000 shortage contingency plan • $15,000 tank inspection and $20,000 water atlas update Water Capital (Attachment 2, F-1, and F-3)
Transfer for capital improvements (Attachment 3) are budgeted to be $865,387 for the following projects:
• Financial accounting software
• Elevated tank repairs
• Advanced metering infrastructure
• SCADA improvements
• West main waterline
• Bonita tank demolition
Wastewater Operating (Attachment 2, F-1, and F-4)
The proposed budget for the wastewater operating fund is $2,543,215, which represents a $40,800 increase from preliminary budget presented during the workshop. The increase corresponds to the following:
• Elimination of anniversary step increases in hourly rates of all employees, which reduced the budget by $7,150.
• Update to the transfer to the General Fund per the draft cost allocation study decreased $3,100. • Increase of $50,000 for the grit system replacement cost.
The following remained the same from the preliminary budget presented during the workshop:
• New Engineering Technician position to be filled at step B • Potential 3% COLA for unrepresentative employees
• Potential increase to Public Works Director to $70/hour • An increase for utility and fuel costs
• $48,000 aerator, $70,000 tractor
• $100,000 for the climate action plan
• $80,000 wastewater master plan
• $50,000 annual jetting
• $20,000 sewer atlas update
Wastewater Capital (Attachment 2, F-1, and F-5)
Transfer for capital improvements (Attachment 3) are budgeted to be $1,843,208 for the following projects:
• Financial accounting software
• Effluent irrigation pump station rehab
• Hwy 1 Lift station
• AIPS vault
Solid Waste (Attachment 2, F-1, and F-6)
The budget includes costs related to the Calrecycle grant.
Transit (Attachment 2, F-1, and F-7)
The transit fund is budgeted to receive revenues in the amount of $2,960,305, which includes CARES Act, AHSC grants, CRRSSA, LCTOP, and 3CE. The budgeted expenditures reflect the following:
• Allocation of 10% of the Public Works Director and 20% of maintenance worker (James Batalla) personnel costs
• Additional advertising costs for new transit plan
• Vehicle maintenance, contactless pay, increase to fuel costs and increase to Smooth’s contract • $2,194,000 for infrastructure improvements to include EV Bus and charging and Amtrak train station design.
Miscellaneous Special Funds (Attachment 2, G-1 through G-14) The proposed budget for the library fund changed from the preliminary draft budget presented during the workshop. The rent cost was reduced to $11,000.
The capital facilities fund’s program of projects for Council’s approval as to the use of the funds (Attachment 4), includes $70,000 for public safety equipment and $280,000 capital improvements (Attachment 3). The public safety equipment includes fire turnouts, SCBA breather, fire hoses, exhaust captures, and crime prevention camaras. The capital improvements include American Legion wood repair, police electrical upgrade, public facilities master plan, auditorium stage and chambers repairs.
No other changes were made to the preliminary draft budget presented during the workshop for the other miscellaneous funds.
Lighting and Landscape District Funds (Attachment 2, H-1 through H-4) The budgeted expenditures for these funds were changed to reflect the updated cost allocation study for the transfers to the General Fund, which were very immaterial changes.
Capital Improvement Projects (Attachment 3)
With Council approval, the City plans on completing $20,053,162 in fiscal year 2023 for public improvements, which are detailed out in Attachment 3.