AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY MAY 10, 2022
6:00 P.M.
CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
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1. CALL TO ORDER
2. ROLL CALL: Council Members Darlene Acosta, Robert Cullen, Carlos DeLeon, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
3. FLAG SALUTE
4. CLOSED SESSION ANNOUNCEMENTS
5. SPECIAL PRESENTATIONS
A. Update on Highway 101 Upgrade Project, Adam Rianda, Aaron Henkel, Caltrans
6. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
7. COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.
8. STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.
9. CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.
The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.
A. Consideration: Meeting Minutes of April 26, 2022, Council Meeting Recommendation: approve and file.
B. Consideration: City of King Check Register April 16, through April 30, 2022 Recommendation: receive and file.
C. Consideration: Changes to Annual Fire Inspection Program Recommendation: adopt a Resolution expanding the annual fire inspection program to include churches and non-profit assembly establishments and waiving the fire inspection fee for these uses.
D. Consideration: Letter of Support for AB 1654
Recommendation: approve and authorize the Mayor to send a letter supporting AB1654.
E. Consideration: City of King Fiscal Year 2020-21 AB 1600 Development Impact Fee Report
Recommendation: adopt a Resolution receiving and accepting the Fiscal Year 2020-21 AB 1600 Impact Fee Report.
F. Consideration: Director of Public Works/ City Engineer Job Description Recommendation: approve the job description for the Director of Public Works/ City Engineer Position.
G. Consideration: Riverview Gardens Landscape Maintenance District Annual Assessment for Fiscal Year 2022-23
Recommendation:
1) adopt Resolution No. 2022-4870, initiating proceedings and ordering the assessment engineer, Harris & Associates, to prepare and file a report for the Riverview Gardens Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California;
2) adopt Resolution No. 2022-4871, preliminarily approving the Engineer's Report which generally describes the improvements or any substantial changes to the improvements for the Riverview Gardens Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California; and 3) adopt Resolution No. 2022-4872, announcing intention to levy and collect assessments within the Riverview Gardens Landscape Maintenance District and fixing time and place for public hearing on the levy of the proposed assessment, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.
H. Consideration: Amendment to Financial Incentives for Affordable Housing Projects
Recommendation: adopt a Resolution modifying the program for providing incentives for affordable housing project.
10. PUBLIC HEARINGS
None
11. REGULAR BUSINESS
A. Consideration: South Salinas Valley Broadband Authority Joint Exercise of Powers Agreement
Recommendation: 1) approve and authorize the Mayor to execute a Joint Exercise of Powers Agreement creating the South Salinas Valley Broadband Authority; 2) appoint a Director and Alternate to the Board of Directors; and 3) appropriate $25,000 from the General Fund unappropriated fund balance for the operation of the Joint Powers Authority (JPA).
12. CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.
A. Conference with Labor Negotiators
Pursuant to Government Code Section 54957
Agency Representative: Steven Adams
Employee Organization: At-will Employee, Chief of Police B. Conference with Labor Negotiators
Pursuant to Government Code Section 54957
Agency Representative: Steven Adams
Employee Organization: At-will Employee, Public Works Director C. Conference with Labor Negotiators
Pursuant to Government Code Section §54957
Agency Representative: Steven Adams
Employee Organization: SEIU
13. ADJOURNMENT
The City of King is an equal opportunity provider and employer.
City Council Meeting
April 26, 2022
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Mayor LeBarre.
2.__FLAG SALUTE:
The flag salute was led by Chief Boyd.
3.__ROLL CALL:
City Council: Mike LeBarre, Council member Darlene Acosta, Rob Cullen, Carlos DeLeon.
Mayor Pro Tem Carlos Victoria.
City Staff: City Manager Steven Adams; City Attorney Roy Santos; Executive Admin.
Asst./Deputy City Clerk, Erica Sonne.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__PRESENTATIONS:
A. Swearing in of New Officers Janelle Sanchez and Jesus Rangel by Chief Boyd B. May is Mental Health Month Proclamation was read into the record and will be mailed to Dana Edgull
6. PUBLIC COMMUNICATIONS:
None
7. COUNCIL COMMUNICATIONS:
Council Member Cullen stated that the quarterly clean-up event was this last Saturday and it was awesome. Waste Management was at the Fairgrounds with dumpsters. King City in Bloom clean-up was successful with 50 people with 14 middle schoolers. Fair Kick off dinner was Saturday night and the live auction raised over 100,000 dollars.
Council Member Acosta stated that Saturday was the ribbon cutting ceremony for the sober living facility.
South County residence made donations for the interior. She thanked everyone. This Saturday is National Prescription Drug take back day. There is a drop off at the local King City Police Station.
Council Member DeLeon stated there is a drug kiosk at Rite-aid where prescription drugs can be dropped off.
Mayor Pro Tem Victoria gave kudos to the public works department for cleaning up graffiti over by Chalone Peaks.
Mayor LeBarre had stated that San Antonio Historical Society did a walking tour of King City that was put on by Karen and John Jernigan which was well attended. The Sun Street Center ribbon cutting was 9(A)
appreciated by everyone and those who will be living there using the facility are so grateful. He will be at Fort Hunter Liggett tomorrow for their birthday celebration.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Steven Adams stated he got to meet most of the participants that will be living at Sun Street facility, and they are so grateful.
City Attorney Roy Santos stated nothing from him tonight.
9. CONSENT AGENDA
A. Consideration: Meeting Minutes of April 12, 2022, Council Meeting B. Consideration: City of King Check Register April 1, through April 15, 2022 C. Consideration: Successor Agency Check Register April 1, through April 15, 2022 D. Consideration: Meeting Minutes of April 18, 2022, Special Council Meeting E. Consideration: Award of Bid for the King City Police Station Remodel Project Including Adopting Finding of a Categorical Exemption, Pursuant to Section 15301 of the CEQA Guidelines Action: Motion to approve consent agenda items A-E by Cullen and seconded by Victoria.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
A. Consideration: Close Out of City of King 20-CDBG-CV-1-00018 Community Development Block Grant Agreement with The State of California
City Manager Adams introduced this item.
Mayor LeBarre read the Title only into the Record.
Mayor LeBarre opened the public hearing, asked if anyone in the public would like to make a comment, hearing and seeing no one come forward, Mayor LeBarre closed the public hearing.
Council member Cullen asked if there was any written feedback from the public who participated in the program. City manager Adams stated that there is and it could be provided to the council at a later date.
Action: Motion to 1) review the past use of funds and program performance for the City of King Community Development Block Grant (CDBG) contract 20-CDBG-CV-1-00018; 2) open the public hearing, receive public input regarding the outcome and accomplishments of the funding received under the contract, and close the public hearing; and 3) and direct staff to submit the required close out documents per the program requirements by DeLeon and seconded by Acosta.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
11. REGULAR BUSINESS:
A. Consideration: Project Expenditure Needs and Revenue Strategies City Manager Adams introduced this item.
City Council is never in favor of raising taxes however they understand that in order to maintain the progress that has been made on fields for the youth, the public safety which is part of the Comprehensive Plan to End Youth Violence, Street Improvements, ADA deficiencies, Deferred Maintenance of City Facilities (pools, golf course, recreation center, airport) they may need to put this on the ballot.
City Council will need to educate as individuals to get this passed.
Action: Motion direct staff to prepare an Ordinance for Council consideration to be placed on the November 8, 2022, ballot to increase the local sales tax by .5%. by Cullen and seconded by DeLeon.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
12. CITY COUNCIL CLOSED SESSION
A. Conference with Labor Negotiators
Pursuant to Government Code Section §54957
Agency Representative: Steven Adams
Employee Organization: KCCEA
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 7:05p.m. to closed session reading the closed session title into the record. Mayor LeBarre opened the meeting in regular session at 7:46 reporting no reportable action.
Mayor LeBarre adjourned the meeting at 7:50 on a motion by DeLeon and second by Acosta. Motion carried 5-0.
Approved Signatures:
Mayor, Michael LeBarre City Clerk, Steven Adams
City of King City of King
Item No. 9(B)
REPORT TO THE CITY COUNCIL
DATE: MAY 10, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER APRIL
16 THROUGH APRIL 30, 2022
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9 (C)
REPORT TO THE CITY COUNCIL
DATE: MAY 10, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CHANGES TO ANNUAL INSPECTION
PROGRAM
RECOMMENDATION:
It is recommended the City Council: adopt a Resolution expanding the annual fire inspection program to include churches and non-profit assembly establishments and waiving the fire inspection fee for these uses.
BACKGROUND:
In 2017, the City Council approved establishing a fire inspection program to comply with State law regarding ongoing inspections of commercial businesses, including apartment buildings. A fee of $200 was added to the business license application/renewal. The Fire Marshal performs the inspections under contract with the City. Each business and apartment building are inspected each year.
The program has been successfully in reducing fire risks in the community. The Fire Marshall has recommended churches and non-profit establishments where assemblies occur be added to the program.
DISCUSSION:
Since churches and non-profit assembly uses are not required to have a business license, they have not triggered a fire inspection under the existing program. While they are not required to have inspections under State law, they do provide some of the highest safety risks due to the volume of people gathering in the buildings. Therefore, staff is recommending the annual inspections be added to these uses, but the fee be waived so there is not a financial impact.
If violations are identified, the occupant is issued a notice of violations. A followup inspection typically occurs within 30 days. The Fire Marshall works with the occupant to assist them with suggestions on how to best address any violations
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
APPROVING EXPANSION OF THE ANNUAL FIRE INSPECTION PROGRAM TO INCLUDE
CHURCHES AND NON-PROFIT ASSEMBLY ESTABLISHMENTS
WHEREAS, the City performs regular fire inspections of all businesses and apartment buildings as required by the State of California Fire Code; and WHEREAS, buildings used for churches and places of assembly by non-profit organizations present significant hazards to the public if not maintained according to the measures of the State of California Fire Code; and
WHEREAS, preventing fire hazards in places of assembly benefit the general health and welfare of the entire community by reducing risks of injury and death to people that assemble in the buildings, to others who could be impacted if friends and family members suffered injury or death when in a building, and to everyone in the community who could suffer injury or death from the spread of fire to their residence or place of business; and WHEREAS, the City Council of the City of King desires to reduce fire hazards in churches and other places of assembly by performing regular fire inspections as is currently done for businesses and apartment buildings; and
WHEREAS, the City Council desires to waive fees associated with conducting fire inspections for churches and non-profit assembly establishments to prevent the financial impact of the inspections on not-for-profit institutions that serve the community because they are not required under the State of California Fire Code and will be performed for the sole purpose of protecting the community at-large; and
WHEREAS, waiving of the fees will not provide a substantive financial impact on the City and is in the best interest of the City in order to promote public safety for the entire community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of King hereby approves expanding the City’s fire inspection program to include churches and non-profit assembly establishments and waiving of fire inspection fees for these uses.
This resolution was passed and adopted this 10
th day of May, 2022 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
CC Resolution No. 2015-4489
01222.0001/325812.1
APPROVED:
______________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Steven Adams, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 9 (D)
REPORT TO THE CITY COUNCIL
DATE: MAY 10, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF LETTER OF SUPPORT FOR AB 1654
RECOMMENDATION:
It is recommended the City Council approve and authorize the Mayor to send a letter supporting AB1654.
BACKGROUND:
The City recently receive a request by Assemblymember Robert Rivas’ office to provide a letter of support for AB 1654. It is legislation designed to address farmworker housing needs and is currently in the committee review process.
DISCUSSION:
A fact sheet on the proposed legislation is attached, along with the draft letter.
AB 1654 includes the following provisions:
• Provides a comprehensive approach to eliminating the State’s shortage of farmworker housing by requiring a statewide study of farmworker housing conditions and needs;
• Allocates $2 or 5% of affordable housing tax credit funding, whichever is less, to farmworker housing for ten years; and
• By creating a statewide study, it will require HCD to collaborate with local community-based organizations in order to complete a study on statewide farmworker housing needs that will better enable HCD to improve policy and potentially increase funding for farmworker housing.
Staff is neutral on whether there is value to the proposed study. However, staff recommends support of the legislation since it will provide dedicated funding for farmworker housing projects. Since the construction of new housing for
Item No. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: MAY 10, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: MIKE HOWARD, DIRECTOR OF FINANCE
RE: CONSIDERATION OF CITY OF KING FY 2020-2021 AB 1600
IMPACT FEE REPORT
RECOMMENDATION:
It is recommended City Council adopt a Resolution receiving and accepting the FY 2020-2021 AB 1600 Impact Fee Report.
BACKGROUND:
Government Code Sections 66000 et seq. (enacted by AB 1600) requires local agencies to provide an accounting of impact fees imposed on development projects. These fees are intended to mitigate certain cost impacts of development projects on existing City facilities and infrastructure.
The basic accounting and reporting responsibilities require the City to provide a detailed reporting of the use of development impact fees every five years. The City must comply with two basic requirements. First, the City must report findings on the amount collected for each fee, the use of the fees, and any unexpended fees at year-end. The second requirement provides that the City shall establish separate capital facility accounts for improvements funded by each development impact fee. The City is required to make available to the public specific information on each account.
DISCUSSION:
Attached is the Impact Fee Report for the past ten years ending in Fiscal Year 2020-2021. The attached report presents the information required per AB 1600 and is organized by Fund. As the report indicates, the City has utilized these
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
RECEIVING AND ACCEPTING FY 2020-2021 AB 1600 IMPACT FEE REPORT WHEREAS, the City of King has established development impact fees to mitigate certain cost impacts of development projects on existing City facilities and infrastructure; and WHEREAS, said fees have been established based upon an approved engineering study to determine the proportional costs to mitigate the impacts of each project; and WHEREAS, Government Code Sections 66000 et seq. (enacted by AB 1600) requires local agencies to provide an accounting of impact fees imposed on development projects; and WHEREAS, the Impact Fee Report attached as Exhibit A sets forth an accounting history of the revenue received from each impact fee, along with uses of the funds and other data and information required by Government Code Sections 66000 et seq.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King hereby receives and accepts the FY 2020-21 AB 1600 Impact Fee Report:
This resolution was passed and adopted this 10
th day of May, 2022 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
APPROVED:
Mike LeBarre, Mayor
ATTEST:
Steven Adams, City Clerk
APPROVED AS TO FORM:
Roy Santos, City Attorney
Item No. 9 (F)
REPORT TO THE CITY COUNCIL
DATE: MAY 10, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER JOB DESCRIPTION
RECOMMENDATION:
It is recommended the City Council approve the job description for the Director of Public Works/ City Engineer Position.
BACKGROUND:
The City Council approved a new Public Works Director position in the FY 2021- 22 budget. Staff is now working on initiating the recruitment process. Therefore, establishment of the job description is necessary.
DISCUSSION:
The proposed job description is attached for City Council consideration. The position will serve as both the Director of Public Works and City Engineer. The job description also includes transferring the role of Airport Manager from the City Manager to the new position.
COST ANALYSIS:
There is no cost related to the proposed action since the position has already been approved in the budget.
ENVIRONMENTAL REVIEW:
This action is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
Item No. 9 (G)
REPORT TO THE CITY COUNCIL
Date: MAY 10, 2022
To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
From: MIKE HOWARD, FINANCE DIRECTOR
Subject: CONSIDERATION OF RIVERVIEW GARDENS LANDSCAPE
MAINTENANCE DISTRICT ANNUAL ASSESSMENT FOR FISCAL YEAR
2022-23
RECOMMENDATION:
It is recommended the City Council;
a. Adopt Resolution No. 2022-4870, initiating proceedings and ordering the assessment engineer, Harris & Associates, to prepare and file a report for the Riverview Gardens Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California.
b. Adopt Resolution No. 2022-4871, preliminarily approving the Engineer's Report which generally describes the improvements or any substantial changes to the improvements for the Riverview Gardens Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California.
c. Adopt Resolution No. 2022-4872, announcing intention to levy and collect assessments within the Riverview Gardens Landscape Maintenance District and fixing time and place for public hearing on the levy of the proposed assessment, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.
BACKGROUND:
The Riverview Gardens Landscape Maintenance District was formed in 1998, for the purpose of providing maintenance services to landscaping and appurtenant improvements for the Riverview Gardens development, and assessing those properties which benefit from this service. Each year the City Council must, by law, order the preparation of an Engineer's Report describing the existing and proposed maintenance
CITY COUNCIL
CONSIDERATION OF RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT ANNUAL ASSESSMENT FOR FISCAL YEAR 2022-23
MAY 10, 2022
PAGE 2 OF 4
services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.
At the time the District was formed, the engineer included an annual assessment adjustment equal to the April Consumer Price Index for the San Francisco-OaklandHayward areas (“CPI”). Each year since the District was formed, a new maximum assessment was established by applying the April CPI to the Maximum Assessment for the prior year. The City may assess the District parcels any amount, up to the established Maximum Assessment for that year, but may not exceed that amount. Included in the Engineer’s Report is a table showing the Maximum Assessment and the Actual Assessment for each year since the District was formed.
DISCUSSION:
The Resolutions provide notice to the members of the District and citizens of the City of King of the City’s intent to again levy and collect assessments fees for the previously formed landscaping and lighting district. In addition, the Resolutions establish that the City Council: (1) finds that the public interest and convenience requires, and (2) declares its intention, to order the levy of and to collect assessments against the assessable lots and parcels of property within the existing assessment district designated “Landscaping and Lighting Maintenance District “Riverview Gardens Landscape Maintenance District” (“District”). It clarifies that it is pursuant to the provisions of the Act for the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay for the costs and expenses of the improvements described in the Resolution. In addition, the Resolution establishes the purpose of the Landscaping and Lighting District No. 2, which is for the operation and maintenance of street lighting, public landscaping, and all related appurtenances located within public right-of-way, dedicated easements, or dedicated public properties of the tracts and public lands in the City of King. Lastly, it establishes the scope of improvements which will be provided within the District.
The assessment funds maintenance and improvements in public right-of-way on Willow Street. The City discontinued charging the fee for several years because it ceased providing any meaningful level of maintenance on the properties. A few years ago, the City undertook a renovation of the properties and re-initiated the fee to pay for ongoing maintenance. The City now contracts for the maintenance of these sites in order to ensure they are maintained on a regular basis and to provide a clear accounting of the actual costs funded by the fee revenue.
COST ANALYSIS:
The District was established to fund the ongoing maintenance and servicing of the improvement. The properties within the District are assessed annually on through the Monterey County tax roll. The costs to maintain and service the improvements for Fiscal Year 2022-23 has been estimated at $19,872.90. Each of the 45 parcels in the District benefits equally from the improvements and as a result, each parcel is assessed the same amount. For Fiscal Year 2022-23, that amount is $441.62*. If the assessments are not
RESOLUTION NO. 2022-4870
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING INITIATING
PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING
THE PREPARATION OF ANNUAL ASSESSMENT REPORTS FOR THE CITY OF KING’S RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of King has previously formed a special maintenance district pursuant to the terms of the “Landscaping and Lighting Act of 1972” (the 1972 Act”), being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500). Said special maintenance district is known and identified as Riverview Gardens Landscape Maintenance District (hereafter referred to as the District”); and,
WHEREAS, the City Council has retained Harris & Associates (“Harris”) for the purpose of assisting with the annual levy of the District and to prepare and file with the City Clerk, the Engineer’s Report (“Report”) for the District in accordance with the 1972 Act; and, NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. ENGINEER’S REPORT: The City Council wishes to initiate proceedings for the preparation of the Engineer’s Report (“Report”) and hereby orders Harris to prepare and file with the City Clerk, the Report concerning the annual levy and collection of assessments for the District. Said levy and collection shall be for the fiscal year commencing July, 1, 2022 and ending June 30, 2023 in accordance with Chapter 3, Section 22622 of the 1972 Act.
SECTION 2. PROPOSED IMPROVEMENTS: The improvements within the District may include, but are not limited to: turf, shrubs, plants and trees, landscaping, irrigation and drainage systems, graffiti removal, masonry walls, and associated appurtenances within the public rightof-ways or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and/or satisfactory operating condition. For specific improvements within the District please refer to the Report.
Exhibit 1
PASSED AND ADOPTED at a regular meeting of the City Council this 10th day of May 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
______________________________
Mike Lebarre, Mayor
ATTEST:
___________________________
Steven Adams, City Clerk
APPROVED AS TO FORM:
___________________________
Roy Santos, City Attorney
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING FOR
PRELIMINARY APPROVAL OF THE ANNUAL ASSESSMENT REPORT
REGARDING THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS
FOR THE RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2022/23
WHEREAS, the City Council, pursuant to the provisions of the “Landscape and Lighting Act of 1972” (the “1972 Act”), being Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) did by previous Resolution, order the preparation of an Engineer’s Report (the “Report”) for the special maintenance district known and designated as Riverview Gardens Landscape Maintenance District (the “District”); and,
WHEREAS, there has now been presented to the City Council the Report as required by Chapter 1, Article 4, Section 22566 of the 1972 Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with said Report, each and all of the budgets items and documents as set forth therein and is satisfied that the assessment amounts, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services to be performed within the District as set forth in said Report; and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL, FOR THE DISTRICT, AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the Report as presented, consisting of the following:
a. A Description of Improvements to be maintained and serviced. b. A description of the annual Costs and Expenses of the District. c. The Method of Apportionment of Assessments.
d. An Assessment Roll showing the assessments to be levied against each assessable parcel in the District.
e. A Diagram showing the boundaries of the District.
is hereby approved on a preliminary basis and is ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. 4871
Exhibit 2
PASSED AND ADOPTED at a regular meeting of the City Council this 10th day of May 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
-
______________________________
Mike Lebarre, Mayor
ATTEST:
___________________________
Steven Adams, City Clerk
APPROVED AS TO FORM:
___________________________
Roy Santos, City Attorney
RESOLUTION NO. 2022-4872
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING DECLARING ITS
INTENT TO LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE
RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2022/23
WHEREAS, the City Council has, by previous Resolutions formed said special maintenance district, and has initiated proceedings for Fiscal Year 2022/23, pursuant to the provisions of the “Landscape and Lighting Act of 1972” (the “1972 Act”), being Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) that provides for the levy and collection of assessments by Monterey County to pay for the annual maintenance and servicing costs of all improvements and facilities related thereto. Said special maintenance district is known and identified as Riverview Gardens Landscape Maintenance District (hereafter referred to as the “District”); and, WHEREAS, the City Council has retained Harris & Associates (“Harris”) for the purpose of assisting with the annual levy of the District and to prepare and file an Engineer’s Report (the “Report”) for the District, in accordance with the 1972 Act; and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL, FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE 1972 ACT, AS FOLLOWS:
Section 1 Intention: The City Council hereby declares that it is its intention to seek the annual levy of the District pursuant to the 1972 Act, over and including the land within the District boundaries and to levy and collect assessments on all benefitting land to pay the annual costs of the maintenance and servicing of the improvements located within the District. The City Council finds that the public’s best interest requires such levy and collection.
Section 2 District Boundaries: The boundaries of the District are described in the Report. Please refer to the Report for a full and complete description of the specific boundaries and diagram.
Section 3 Description of Improvements: The improvements within the District may include, but are not limited to: turf, shrubs, plants and trees, landscaping, irrigation and drainage systems, graffiti removal, masonry walls, and associated appurtenances within the public rights-of-way or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and/or satisfactory operating condition.
Section 4 Proposed Assessment Amounts: For Fiscal Year 2022/23, the proposed assessments are shown in the Report. Said Report also details any changes or increases in the annual assessments.
Exhibit 3
Section 5 Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the 1972 Act.
Section 6 Notice: The City Council shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the Public Hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City for the posting of notices. All interested persons shall be afforded the opportunity to hear and be heard.
Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday June 21, 2022 at 7:00 p.m. at City Hall, located at 212 South Vandenhurst Avenue, King City.
Section 8 The City Clerk is hereby authorized and directed to give notice of said Public Hearing as provided by the 1972 Act.
PASSED AND ADOPTED at a regular meeting of the City Council this 10th day of May 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
______________________________
Mike Lebarre, Mayor
ATTEST:
___________________________
Steven Adams, City Clerk
APPROVED AS TO FORM:
___________________________
Roy Santos, City Attorney
CITY OF KING
PRELIMINARY ENGINEER’S REPORT
FISCAL YEAR 2022-23
RIVERVIEW GARDENS LANDSCAPE
MAINTENANCE DISTRICT
May 2022
PREPARED BY
Harris & Associates
22 Executive Park, Suite 200
Irvine, CA 92614
www.weareharris.com
EXHIBIT 4
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
TABLE OF CONTENTS
STATEMENT OF ASSESSMENT ENGINEER….……………………………………………………………..1 PART 1 – PLANS AND SPECIFICATIONS……………………………………………………………………..3 PART 2 – ESTIMATE OF COSTS………………………………………………………………………………….4 PART 3 – ASSESSMENT DIAGRAM…………………………………………………………………………….7 PART 4 – METHOD OF APPORTIONMENT………………………………………………………………...8 APPENDIX A – ASSESSMENT ROLL…………………………………………………………………………..12 APPENDIX B – DISTRICT DIAGRAM.………………………………………………………………………...15 Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
1 STATEMENT OF ASSESSMENT ENGINEER
AGENCY: CITY OF KING
PROJECT: RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT TO: THE CITY COUNCIL
CITY OF KING
STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2022-23
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council for the Riverview Gardens Landscape Maintenance District of the City of King to provide landscaping services for each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2022-23.
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) (“Act”), Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of King’s Resolution being adopted by the City Council for the:
RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT
(Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report consisting of the following four (4) parts and Appendices:
PART 1
Description of Improvements: This part provides a general description of improvements maintained in the District. Plans and specifications for the improvements are on file with the City and are hereby made a part of this Report by reference.
PART 2
Estimate of Cost: This part contains the cost estimate of the proposed maintenance including incidental costs and expenses for Fiscal Year 2022-23.
PART 3
District Diagram: This part incorporates a Diagram of the District showing the external boundaries of the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Monterey County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagram is filed under separate cover with the office of the City Clerk. A copy of the District Diagram is included herein as Appendix B.
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
2 PART 4
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the District in proportion to the estimated special benefits to be received. The costs and expenses of the District have been assessed upon the parcels of land within the boundaries of District pursuant to the initial methodology established Resolution No. 3757 approved on the 19 th day of May, 1998.
Appendices
Appendix A – Assessment Roll
Appendix B – District Diagram
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.
DATED this day of , 2022
_______________________________________
Alison Bouley P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
3 PART 1 – PLANS AND SPECIFICATIONS
The District was formed for the purpose of ensuring the ongoing operation, maintenance and servicing of certain landscape improvements within the boundaries of the District. Said improvements are detailed below under “Improvements and Services Provided”.
The Riverview Gardens Landscape Maintenance District is within the boundaries of the City and is located south of Willow Street, east of San Antonio Drive, and generally north of King City high school.
The District is comprised of the residential development known as Riverview Gardens and includes forty-five (45) developed single-family residential parcels.
The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file with the City and are incorporated herein by reference.
IMPROVEMENTS AND SERVICES PROVIDED
The following are the specific improvements maintained and serviced within the District:
• Landscape maintenance along the Willow Street frontage, including ground cover, shrubs, trees and irrigation system. Landscaping total approximately 12,275 square feet. • Masonry wall maintenance, including graffiti abatement at the entrance to the tract. Masonry wall is 300 linear feet by 6 feet high.
• Utilities including water and electricity for landscaping.
Maintenance includes all necessary repair, service, and replacement of improvements, including the masonry wall, water and electrical energy to run the irrigation system, fertilizer, weeding, debris removal, etc.
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
4 PART 2 – ESTIMATE OF COST
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs of the District have been prepared based on the estimated and recent historical costs of the District.
The estimated 2022-23 District budget is shown below.
ESTIMATE OF COST
DIRECT COSTS
Utility – Water and Electricity $3,438.77
Supplies – Irrigation 265.00
Contract Services – Landscape Maintenance (12,275 sf @0.46/sf) (ex: tree & shrub maintenance and replacement, sprinkler repairs, etc.) 5,698.56
Masonry Wall – Maintenance and Graffiti Abatement 180.00 Professional Services – Public Works (inspection & oversight) 530.00 Direct Costs Sub-Total $10,112.33
ADMINISTRATIVE COSTS
Professional Services – Engineer’s Report Preparation $1,500.00 City Administration Fee (10% of Direct Costs) 1,011.23
County Administration Fee (0.25% of Balance to Assessment) 49.68 Rounding Adjustment (to make an even penny for tax roll purposes) 0.00 Administrative Costs Sub-Total $2,560.91
SUBTOTAL DIRECT AND ADMINISTRATIVE COSTS $12,673.24
Operating Reserve Collection/(Reduction) $3,897.25
Capital Reserve Collection/(Reduction) 3,302.41
TOTAL BALANCE TO ASSESSMENT $19,872.90
Total Assessable Parcels/Units 45
ASSESSMENT PER PARCEL/UNIT $441.62
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
5 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments or to fund costs which are greater than revenue from the assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. Estimated beginning and ending fund balances for Fiscal Year 2022-23 are shown in the following table.
Section 22569 (a) of the 1972 Act allows the District assessments to “…include a reserve (Operating Reserve) which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to receive its apportionment of special assessments and tax collections from the county, whichever is later.”
DISTRICT FUND BALANCES
OPERATING RESERVE FUND
Estimated Reserve Fund Beginning Balance as of July 1, 2022 $2,439.37 Operating Reserve Collection/(Reduction) – Fiscal Year 2022-23 3,897.35 Estimated Reserve Fund Balance Ending June 30, 2023 $6,336.72
CAPITAL RESERVE FUND
Estimated Reserve Fund Beginning Balance as of July 1, 2022 $0.00 Operating Reserve Collection/(Reduction) – Fiscal Year 2022-23 3,302.41 Estimated Reserve Fund Balance Ending June 30, 2023 $3,302.41 Operating Reserve collections will continue until such time as the fund balance reaches approximately 50% of the annual budget. This is necessary to fund the District costs for the first 6 months of the fiscal year. After the Operating Reserve has been fully funded (50% of annual costs), any future collections will be to maintain the fund balance at the proper level (approximately 50% of the annual costs).
Capital Reserve collection is intended for the eventual replacement of the masonry wall at the entrance of the development. Masonry walls typically have an expected useful life of approximately 30 years. The wall was installed in 1998, leaving approximately seven years of useful life, as of Fiscal Year 2022-23. The allowable District assessment is insufficient for Capital Reserve collections at this time, but future budgets may include amounts to contribute to the replacement of the masonry wall.
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
6 DESCRIPTION OF COST ESTIMATE ITEMS
• Utility – Water & Electricity: The costs to provide water and electrical utilities for the landscaping improvements within the District.
• Supplies – Irrigation: The costs to replace batteries providing electrical power to the irrigation system.
• Contract Services – Landscape Maintenance: The contracting costs associated with performing the landscape maintenance duties associated with the improvements within the District. In Fiscal Year 2021-22 the City hired a landscape contractor to perform these services. Annual costs will be adjusted to reflect the actual contract costs in future years. • Masonry Wall: Costs associated with the maintenance of the masonry wall, including graffiti removal, painting and repairs. This cost is currently equal to $0.10/sf, but may be adjusted as necessary to cover actual costs.
• Professional Services Special – Public Works: Costs associated with individuals within the Public Works Department who contribute time to inspection of the improvements, and oversight of the work performed by the landscape contractor.
• Professional Services – Engineer: The contracting costs associated with hiring a consultant for the preparation of an engineer’s report, resolutions, staff reports, notices, assessment roll and budget. • City Administration Fee: Costs associated with individual City Staff and Management (City Clerk, City Council, City Manager, Finance Director, City Engineer, etc.) who contribute time to the annual administration and oversight of the District, and totals 10% of Direct Costs. This may include but is not limited to, preparation for and attendance of meetings, legal counsel, printing, preparation and posting of public notices, mailing, budgeting, etc.
• County Administration Fee – The County costs related to placement of the annual assessment charges onto the tax roll and the generation of annual tax bills related thereto. This charge is 0.25% of the total amount levied for the District.
• Contingency – This item includes costs related to the unplanned repair or replacement of any of the improvements, including the irrigation system.
• Operating Reserve Collection/(Contribution): This item shows any collections which adds to the Operating Reserve Fund balance, or contributions made from the Operating Reserve Fund, to offset the annual budget.
• Capital Reserve Collection/(Contribution): Collections for replacement costs related to the masonry wall, irrigation system and trees at the end of their useful life or due to accident or natural disaster. • Estimated Reserve Fund Balances: These items show the estimated Operating and Capital Reserve Fund amounts at the beginning and end of the fiscal year. The estimated ending balance reflects any collections or reductions from the estimated beginning balance.
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
7 PART 3 – ASSESSMENT DIAGRAM
A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City, and is hereby made a part hereof by reference.
A copy of the assessment diagram for the District is included in Appendix B of the Report.
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
8 PART 4 – METHOD OF APPORTIONMENT
General
Street and Highways Code Section 22573 requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
— Streets and Highways Code Section 22573
The 1972 Act permits the designation of areas of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will received different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." In November 1996, the voters of California adopted Proposition 218, which has been codified as Articles XIIIC and XIIID of the California Constitution. Proposition 218 imposed a number of substantive and procedural requirements on taxes, assessments, and property-related fees imposed by local governments in California.
The method of apportionment described in this Report, and confirmed by the City Council, utilizes commonly accepted engineering practices established pursuant to the 1972 Act and the California Constitution for the allocation of special benefit assessments. The calculation of assessments is based upon the parcel type and the services and improvements provided to equitably apportion the costs based on the special benefit received by each lot or parcel. The special benefit received by each lot or parcel is over and above any general benefit conferred upon said lots or parcels or to the public at large.
SPECIAL BENEFIT
The improvements and associated costs have been allocated to the assessable properties within the District based upon the special benefit received by those properties. The improvements for which the properties are assessed have been identified as necessary, were installed and are being maintained as part of the development plans specifically for each tract. As such, the improvements and continuing maintenance and servicing of those improvements are strictly the obligation of the properties within the District.
General Benefit
Although the improvements may be visible to passersby or to the public at large, the improvements were installed as a requirement of the development of the tract and are for the sole benefit of those properties. It has been determined therefore, any access or use by properties or individuals outside the District is completely incidental and the costs of operating, maintaining and servicing said improvements therefore provides no measurable benefit to outside properties or individuals.
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
9 Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable parcel or unit receives distinct and special benefits from the improvements and services provided, including the visual desirability provided by well-maintained landscaping. In accordance with Article XIII D, Section 4 of the California Constitution:
“Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large” The special benefits associated with local landscaping improvements are specifically:
• Enhanced desirability of properties due to proximity and accessibility of the improvements. • Improved aesthetic appeal provided by a positive representation of the development, neighborhood and the community.
• Reduced vandalism and other criminal activity.
ASSESSMENT RANGE FORMULA
It is generally recognized that most budgetary items will be impacted by inflation in future years. In accordance with the California Constitution, Section 53739 (b)(1), assessments “may be adjusted for inflation pursuant to a clearly defined formula…” A formula for an inflationary adjustment is therefore included as part of the maximum assessment for this District and was approved by the property owner(s) at the time of formation. The formula, as described below, allows for annual adjustments to the budget and the assessments.
To impose a new assessment or increased assessment in excess of the Maximum Assessment Rate for the current fiscal year, as provided by the following Assessment Range Formula, the City must comply with the provisions of the California Constitution, Article XIII D, Section 4c that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners must approve the proposed new or increased assessment via a property owner protest balloting process before any such new or increased assessment can be imposed.
A protest occurs when, at the public hearing, the returned assessment ballots opposed to the new or increased assessment outweigh the returned ballots in favor of the new or increased assessment, weighting those assessment ballots by the financial obligation of each parcel.
The definition of new or increased assessments includes any assessment which, 1) did not previously exist or, 2) exceeds a previously approved assessment amount or assessment range formula. Any assessment range formula must have been previously adopted by the agency and approved by the property owners.
ASSESSMENT METHODOLOGY
The benefit formula used to determine the financial obligation for each parcel is based on the improvements benefitting the parcels, as well as the use, or type, of each parcel that benefits from said improvements. One of the more common approaches to fairly distributing District costs to the benefitting parcels in maintenance districts such as this utilizes a methodology referred to as the “Per Parcel” method of apportionment. This method, as confirmed by the City Council at the time the District was formed, identifies the fact that all the parcels in the District, each being single family residential, benefit equally from the improvements provided by the District.
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
10 The initial maximum assessment for this District was established at the time of formation and was assessed for the first time during the 1998-99 fiscal year. That initial maximum assessment was $221.72 per parcel. This initial maximum assessment has been adjusted each subsequent fiscal year by the following Assessment Range Formula:
• The Maximum Assessment Rate allowed each fiscal year (the “Adjusted Maximum Assessment Rate”) shall be based on the initial maximum assessment established in Fiscal Year 1998-99, adjusted annually by the Bureau of Labor Statistics, Consumer Price Index for the month of April, All Urban Consumers, (“CPI”) for the San Francisco/Oakland/Hayward area. Should the Bureau of Labor Statistics revise or discontinue the preparation of such index, the City reserves the right to use such revised index or a comparable system to determine fluctuations in the annual cost of living.
• Each fiscal year, the CPI shall be applied to the Maximum Assessment Rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment Rate for the current fiscal year. • If the proposed annual assessment rate (levy per parcel) for the any year is less than or equal to the Adjusted Maximum Assessment Rate established for that fiscal year then the proposed annual assessment is not considered an increased assessment.
Beginning in the second fiscal year after the formation of the District (1999-00) and each fiscal year since, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate has been established for each fiscal year using the Assessment Range Formula described above. Based on the April CPI shown in the table below, the Maximum Assessment Rate for the upcoming fiscal year (2022-23) shall be $441.63*. The Adjusted Maximum Assessment Rate has been calculated independent of the annual budget and proposed assessment rate for the given fiscal year. As stated above, if the proposed annual assessment for any fiscal year does not exceed the Adjusted Maximum Assessment Rate for that year, it is not considered to be an increased assessment under the terms of Proposition 218.
The table on the following page shows the annual April CPI increase, the Adjusted Maximum Assessment and the Actual Annual Assessment each year since the formation of the District:
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
11 *April 2022 CPI was not available at the time this Report was produced and presented to the City Council. 6% was used as an estimate, which will allow the City Council to reduce the approved assessment rate at the Public Hearing without violating Proposition 218. Per Assessment Law, the City Council may reduce the preliminarily approved assessment rate but may not increase it over what was published in the Notice of Public Hearing. The actual April CPI and the appropriate change to the Adjusted Maximum Assessment will be updated for the Public Hearing and final approval of this Report.
The City assessed the parcels in the District for the first time in seven years, in Fiscal Year 2019-20, due to the fact that there were no improvements being maintained. The improvements have now been installed and are being maintained and serviced.
Fiscal April CPI Adjusted Max. Proposed
Year CPI % Calculation Assessment Assessment
1998-99 N/A N/A $221.72 $221.72
1999-00 4.60% 1.046000000 $231.92 $221.72
2000-01 3.80% 1.038000000 $240.73 $213.60
2001-02 5.80% 1.058000000 $254.69 $229.92
2002-03 2.10% 1.021000000 $260.04 $229.92
2003-04 2.20% 1.022000000 $265.76 $114.96
2004-05 0.50% 1.005000000 $267.09 $114.96
2005-06 2.10% 1.021000000 $272.70 $114.96
2006-07 3.20% 1.032000000 $281.43 $114.96
2007-08 3.30% 1.033000000 $290.72 $114.96
2008-09 2.90% 1.029000000 $299.15 $114.96
2009-10 0.80% 1.008000000 $301.54 $25.00
2010-11 1.70% 1.017000000 $306.67 $25.00
2011-12 2.80% 1.028000000 $315.25 $25.00
2012-13 2.10% 1.021000000 $321.87 $0.00
2013-14 2.40% 1.024000000 $329.60 $0.00
2014-15 2.80% 1.028000000 $338.83 $0.00
2015-16 2.40% 1.024000000 $346.96 $0.00
2016-17 2.70% 1.027000000 $356.33 $0.00
2017-18 3.80% 1.038000000 $369.87 $0.00
2018-19 3.20% 1.032000000 $381.70 $0.00
2019-20 4.00% 1.040000000 $396.97 $213.60
2020-21 1.11% 1.011102405 $401.38 $401.38
2021-22 3.80% 1.038000000 $416.63 $416.62
2022-23 6.00% 1.060000000 $441.63 $441.62
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
12 APPENDIX A – ASSESSMENT ROLL
Parcel Identification for each lot or parcel within the District shall be based on available parcel maps and other property data from the Monterey County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.
A listing of parcels assessed within the District for Fiscal Year 2022-23, along with the corresponding assessment amounts, is included on the following page. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report.
Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights-of-way; common areas; landlocked parcels; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment.
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
13 APN
Parcel
Type Units
2022-23 Maximum
Assessment Rate
2022-23 Proposed
Assessment Rate
2022-23 Proposed
Assessment
026-072-001 SFR 1.00 $441.63 $441.62 $441.62
026-072-002 SFR 1.00 $441.63 $441.62 $441.62
026-072-003 SFR 1.00 $441.63 $441.62 $441.62
026-072-004 SFR 1.00 $441.63 $441.62 $441.62
026-072-005 SFR 1.00 $441.63 $441.62 $441.62
026-072-006 SFR 1.00 $441.63 $441.62 $441.62
026-072-007 SFR 1.00 $441.63 $441.62 $441.62
026-072-008 SFR 1.00 $441.63 $441.62 $441.62
026-072-009 SFR 1.00 $441.63 $441.62 $441.62
026-072-010 SFR 1.00 $441.63 $441.62 $441.62
026-072-011 SFR 1.00 $441.63 $441.62 $441.62
026-072-012 SFR 1.00 $441.63 $441.62 $441.62
026-072-013 SFR 1.00 $441.63 $441.62 $441.62
026-072-014 SFR 1.00 $441.63 $441.62 $441.62
026-072-015 SFR 1.00 $441.63 $441.62 $441.62
026-072-016 SFR 1.00 $441.63 $441.62 $441.62
026-072-017 SFR 1.00 $441.63 $441.62 $441.62
026-072-018 SFR 1.00 $441.63 $441.62 $441.62
026-072-019 SFR 1.00 $441.63 $441.62 $441.62
026-072-020 SFR 1.00 $441.63 $441.62 $441.62
026-072-021 SFR 1.00 $441.63 $441.62 $441.62
026-072-022 SFR 1.00 $441.63 $441.62 $441.62
026-072-023 SFR 1.00 $441.63 $441.62 $441.62
026-072-024 SFR 1.00 $441.63 $441.62 $441.62
026-072-025 SFR 1.00 $441.63 $441.62 $441.62
026-072-026 SFR 1.00 $441.63 $441.62 $441.62
026-072-027 SFR 1.00 $441.63 $441.62 $441.62
026-072-028 SFR 1.00 $441.63 $441.62 $441.62
026-072-029 SFR 1.00 $441.63 $441.62 $441.62
026-072-030 SFR 1.00 $441.63 $441.62 $441.62
026-072-031 SFR 1.00 $441.63 $441.62 $441.62
026-072-032 SFR 1.00 $441.63 $441.62 $441.62
026-072-033 SFR 1.00 $441.63 $441.62 $441.62
026-072-034 SFR 1.00 $441.63 $441.62 $441.62
026-072-035 SFR 1.00 $441.63 $441.62 $441.62
026-072-036 SFR 1.00 $441.63 $441.62 $441.62
026-072-037 SFR 1.00 $441.63 $441.62 $441.62
026-072-038 SFR 1.00 $441.63 $441.62 $441.62
026-072-039 SFR 1.00 $441.63 $441.62 $441.62
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
14 APN
Parcel
Type Units
2022-23 Maximum
Assessment Rate
2022-23 Proposed
Assessment Rate
2022-23 Proposed
Assessment
026-072-040 SFR 1.00 $441.63 $441.62 $441.62
026-072-041 SFR 1.00 $441.63 $441.62 $441.62
026-072-042 SFR 1.00 $441.63 $441.62 $441.62
026-072-043 SFR 1.00 $441.63 $441.62 $441.62
026-072-044 SFR 1.00 $441.63 $441.62 $441.62
026-072-045 SFR 1.00 $441.63 $441.62 $441.62
026-072-046 EXE 0.00 $441.63 $441.62 $0.00
026-072-047 EXE 0.00 $441.63 $441.62 $0.00
026-072-048 EXE 0.00 $441.63 $441.62 $0.00
TOTALS: 45.00 $19,872.90
SFR = Single Family Residence
EXE = Landscape easement
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2022-23
15 APPENDIX B – ASSESSMENT DIAGRAM
Item No. 9 (H)
REPORT TO THE CITY COUNCIL
DATE: MAY 10, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDMENT TO FINANCIAL
INCENTIVES FOR AFFORDABLE HOUSING PROJECTS
RECOMMENDATION:
It is recommended the City Council adopt a Resolution modifying the program for providing financial incentives for affordable housing projects.
BACKGROUND:
At the May 25, 2021 meeting, the City Council adopted a Resolution establishing a program for providing financial incentives for affordable housing projects.
Amendments were approved by the City Council on August 10, 2021. Staff is now recommending an additional amendment due to an issue identified by the City Attorney’s Office.
The City is experiencing a significant housing shortage and has a particular need for increased availability of affordable housing. It is also needed to meet regional housing need allocations required by the State. Addressing the City’s housing needs was approved by the City Council as one of the City’s major budget priorities, and staff has been involved in an outreach effort to potential developers and property owners to encourage new projects. Affordable housing projects are normally not financially viable without government subsidies. As a result, requests for financial assistance are almost always made to the City when an affordable housing project is proposed.
DISCUSSION:
The incentives are limited to projects that are 100% low, very low or extremely low income with the exception of a manager’s unit. One of the incentives included in the program was a grant of $1,250 per unit from King City Community Power (KCCP) to assist with the costs of installation of solar energy equipment.
RESOLUTION NO. ________
A RESOLUTION OF CITY COUNCIL OF CITY OF KING, CALIFORNIA
APPROVING AN AFFORDABLE HOUSING FINANCIAL INCENTIVE PROGRAM WHEREAS, a significant housing shortage exists in King City, which negatively impacts quality of life and the ability to promote strong families, results in overcrowding, creates social and law enforcement problems, restricts job growth and economic development, increases homelessness, and results in substandard living conditions; and
WHEREAS, there is an urgent need for more affordable housing to address the needs of disadvantaged households in King City; and
WHEREAS, additional affordable housing units are needed for the City to meet the goals of the Housing Element of its General Plan and to address its share of the Regional Housing Needs Assessment as established by the State of California Department of Housing and Community Development (HCD); and
WHEREAS, financial subsidies are necessary to make the development of affordable housing economically viable; and
WHEREAS, financial incentives for affordable housing is an important marketing tool to attract proposed development of new affordable housing projects; and WHEREAS, local financial support is necessary for proposed affordable housing projects to compete for State tax credits and other State and Federal grant programs; and WHEREAS, an established program of financial incentives for affordable housing projects will help ensure the City responds to requests for financial assistance in a consistent and fair manner; and
WHEREAS, making affordable quality housing available for everyone benefits the entire community by addressing issues created by the lack of housing, improves quality of life, reduces overcrowding, supports local workforce needs, and reduces the need and costs for social programs; and WHEREAS, the City has prepared an analysis of development impact fees and determined that there are reduced impacts from affordable housing projects that justify proposed reductions in some of the City’s fees for the construction of low, very low and extremely low-income units.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of King, California that a program is hereby established making financial incentives available to proposed projects for construction of low, very low and extremely low- income households as defined by the State of California and County of Monterey and restricted for a minimum of 55 years through a regulatory agreement, which shall include the following:
1. For projects consisting of 100% low, very low and extremely low-income units, excluding the manager’s unit(s), up to $4,000 per unit up to a maximum of 50 units per project may be provided from Permanent Local Housing Allocation (PLHA) funds awarded to the City through a lowinterest loan agreement of up to 55 years compliant with all requirements of HCD and other Federal and State regulations, which shall be contingent upon the availability of funding to the City after other commitments for PLHA funding have been met.
2. For projects consisting of 100% low, very low and extremely low-income units, excluding the manager’s unit(s), a grant of up to $1,000 per unit up to 50 units per project may be awarded from City affordable housing in-lieu fee funds, contingent upon the availability of non-committed funding.
3. Based upon the findings of the Affordable Housing Development Impact Fee Adjustment Analysis prepared by the City, the City’s Master Fee Schedule shall include the following reductions and development impact fees for low, very low and extremely low income units:
Impact Fees for Projects Vested as of August 21, 2010:
Law Enforcement Facilities - 20% reduction $199.33
Fire Protection Facilities - 0% reduction $692.64
Bridges, Signals and Thoroughfares - 23% reduction $1,066.65 Storm Drainage Facilities - 0% reduction $246.92
General Government Facilities - 20% reduction $606.23
Library Expansion Facilities - 20% reduction $427.01
Public Meeting Facilities - 20% reduction $603.48
Aquatic Center Facilities - 20% reduction $597.08
Park and Open Space Acquisition - 20% reduction $3,146.33 Impact Fees for Projects Vested after August 21, 2010:
Law Enforcement Facilities – 20% reduction $107.90
Fire Protection Facilities – 0% reduction $533.80
Bridges, Signals and Thoroughfares – 23% reduction $1,476.32 Storm Drainage Facilities – 0% reduction $475.00
General Government Facilities – 20% reduction $466.00
Wastewater Collection System – 20% reduction $1,166.98
Wastewater Treatment Plant – 20% reduction $2,143.89
Public Meeting Facilities – 20% reduction $821.60
Aquatic Center Facilities – 20% reduction $296.80
Park and Open Space Acquisition – 20% reduction $1,441.00
4. Additional funding assistance may be considered if received by, or approved for, the City from other Federal, State and other grant programs.
5. The City may allocate additional funding for projects serving special need populations, including, but not limited to, homeless and individuals with disabilities.
6. This program is intended to provide guidelines for determining financial assistance, but approval of any request shall require an agreement approved by the City Council. Approval shall be discretionary based upon the City Council’s decision, availability of funding at the time the request is submitted, and the needs addressed by the proposed project.
PASSED AND ADOPTED at a regular meeting of the City Council on the 25 th day of May,
2021, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_________________________________
Mike LeBarre, Mayor
ATTEST:
_________________________________
Steven Adams, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: MAY 10, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF SOUTH SALINAS VALLEY BROADBAND
AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the Mayor to execute a Joint Exercise of Powers Agreement creating the South Salinas Valley Broadband Authority; 2) appoint a Director and Alternate to the Board of Directors; and 3) appropriate $25,000 from the General Fund unappropriated fund balance for the operation of the Joint Powers Authority (JPA).
BACKGROUND:
Broadband infrastructure and services available to King City and the Salinas Valley area are currently deficient. The services that are available are not economically viable for many of the community’s residents. This deficiency makes it difficult for Salinas Valley youth to compete academically with areas that have a higher level of broadband access and impacts the City’s economic development efforts. The problem has become more serious during the pandemic as the dependence on online education and services has increased.
Discussions have been underway for the past year regarding opportunities to partner with the other Salinas Valley cities to increase the competitiveness of obtaining grant funding for broadband infrastructure projects. Partnering with our neighboring communities could also help make a fiberoptic trunkline expansion project more feasible. Funding opportunities have recently become available, and formation of a broadband JPA is recommended at this time.
DISCUSSION:
The Golden State Connect Authority (GSCA) has been formed for the purpose of increasing access to reliable, affordable high-speed internet for rural area residents and businesses. The Authority is a JPA comprised of 38 rural counties.
CITY COUNCIL
CONSIDERATION OF SOUTH SALINAS VALLEY BROADBAND AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
MAY 10, 2022
PAGE 2 OF 3
In July 2021, the Governor signed Senate Bill 156, which established a $6 billion investment in internet infrastructure to help bridge the digital divide facing rural and underserved areas. Supervisor Chris Lopez currently serves on the GSCA Board of Directors Executive Committee.
The initial step for the GSCA will be to make funding available to help member counties develop strategic plans. They will then be pursuing pilot projects to install internet fiber utilizing an open access, public benefit, municipal model beginning with select initial locations. The City could access planning funding on its own, but it would be drastically insufficient to fund what will require a high-cost capital project. By partnering with the other South Monterey County jurisdictions, it will enable the County and cities to pool funding to create an integrated plan and help the region better compete for pilot project funding.
The proposed JPA would consist of the City of King, City of Greenfield, City of Soledad, City of Gonzales, and County of Monterey. Each governing board will appoint one Director and an Alternate to the JPA Board of Directors, which will each have equal voting authority. An Executive Director will either be appointed from one of the jurisdictions or contracted. The initial preference under consideration is to contract with the Monterey Bay Economic Partnership (MBEP) to assist with the administration and coordination of the organization. The other jurisdictions will be considering approval of the agreement during this month. It has been reviewed and supported by County Supervisor Lopez and each of the mayors.
King City could be the greatest benefactor of this effort. A fiber trunkline has already been installed to Soledad. One of the objectives of this effort will be to extend that line to Greenfield and King City. Once installed, the JPA will have options of partnering with other providers to offer service or to establish some form of a regional public utility. Either way, it will provide the jurisdictions control over pricing and service levels to ensure low-cost high-quality internet service can be available to all area residents.
COST ANALYSIS:
The initial cost to participate in the JPA will be $25,000 to fund administration, which according to the agreement will fund the organization through FY 2023-24.
The cost will require an appropriation from the General Fund balance. Additional costs may occur when project funding is pursued, but the City will not be committing to any expenditure beyond the $25,000 at this time.
Exhibit 1