AGREEMENT FOR PROFESSIONAL SERVICES
Job -Order Pavement Repairs Contract
This Agreement is made on June 20, 2023, by and between Main Line Engineering Construction, Inc., a California Corporation ("Contractor"), and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of construction services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is two (2) years, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law.
Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing miscellaneous pavement repairs services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."
2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."
2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated
3. Contractor's Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City.
The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Main Line Engineering Construction, Inc.
Attn: Ariel Arroyo, CEO
116 E. College, Suite A
Lompoc, CA 93436
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be Atty. Rev. 2021
2
effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 3 Atty. Rev. 2021
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
MAIN LINE ENGINEERING
CONSTRUCTION, INC., A California
Corporation
CITY OF SANTA MARIA, a political
subdivision of the State of California
By: ARIEL ARROYO By: JASON STILWELL
CEO City Manager
Atty. Rev. 2021
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
4 APPROVED AS TO FORM:
City Attorney
Risk Manager
EXHIBIT "A"
SERVICES TO BE PERFORMED
Sawcutting (S)
S -1-a Sawcut (3" Thick Base Bid)
Payment for the sawcut of hot mix asphalt (3" thick base bid) shall be paid per lineal foot (LF). This item includes sawcutting existing hot mix asphalt and/or concrete at a nominal 3" thickness.
S -1-b Sawcut (1" Thick Increment, greater than 3")
Payment for thicker pavement sections shall be paid per lineal foot (LF) in 1" increments, greater than the 3" thick base bid. This item includes sawcutting existing hot mix asphalt and/or concrete greater than the 3" thick base bid.
Demolition (D)
D -1-a, D -1-b, and D -1-c Demolition and Disposal (3" Thick Base Bid) Payment for Demolition and Disposal (3" Thick Base Bid) of existing pavement sections (hot mix asphalt and/or concrete, aggregate base and earth) shall be paid per square foot (SF). This item includes all cost associated in the removal and disposal of existing pavement sections. Note: this bid item will be used with bid items S -1-a and S -1-b Sawcut.
D -1-d Demolition and Disposal (1" Thick Increment, greater than 3") Payment for Demolition and Disposal (1" Thick Increment, greater than 3") of existing pavement sections (hot mix asphalt and/or concrete, aggregate base and earth) shall be paid per square foot (SF) in 1" increments, greater than the 3" thick Base Bid. This item includes all cost associated in the removal and disposal of existing pavement sections.
Note: this bid item will be used with bid items S -1-a and S -1-b Sawcut.
Aggregate Base (AB)
AB -1-a, AB -1-b, AB -1-c, AB -1-d, and AB -1-e Furnish, Place and Compact Class II Aggregate Base (4" Thick Base Bid)
Payment for Furnish, Place and Compact Class II Aggregate Base (4" Thick Base Bid) shall be paid per square foot (SF). This item includes all cost associated with furnishing, placing, and compacting Class II Aggregate.
AB -1-f Furnish, Place and Compact Class II Aggregate Base (1 Thick increment, greater than 4")
Payment for Furnish, Place and Compact Class II Aggregate Base (1" Thick increment, greater than 3" shall be paid per square foot (SF) in 1" increments, greater than the 4" thick Base Bid. This item includes all cost associated with furnishing, placing, and compacting Class II Aggregate.
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Taper Grind (TG)
TG -1-a, TG -1-b, and TG -1-c, Demolition and Disposal by Taper Grind (3" Thick, 20' wide Base Bid
Payment for Demolition and Disposal by Taper Grinding of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF). This work shall consist of furnishing all labor, equipment, supplies, materials, and supervision necessary to complete all operations associated with performing a Taper Grind 3" Thick to 0" Thick, over a 20' width.
TG -1-d, Demolition and Disposal by Taper Grind (1" Thick increment greater than 3", 20' wide Base Bid
Payment for Demolition and Disposal by Taper Grinding (1" Thick Increment, greater than 3") of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF). This work shall consist of furnishing all labor, equipment, supplies, materials, and supervision necessary to complete all operations associated with performing a Taper Grind 1" Thick increments greater than 3") to 0" Thick, over a 20' width.
Grinding (G)
G -1-a, G -1-b, and G -1-c Demolition and Disposal by Grinding (3" Thick Base Bid) Payment for Demolition and Disposal by Grinding (3" Thick Base Bid) of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF). This item includes all cost associated in the removal and disposal by grinding of existing pavement sections.
G -1-d Demolition and Disposal by Grinding (1" Thick Increment, greater than 3") Payment for Demolition and Disposal by Grinding (1" Thick Increment, greater than 3") of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF) in 1" increments, greater than the 3" thick Base Bid. This item includes all cost associated in the removal and disposal by grinding of existing pavement sections.
Leveling Course (LC)
LC -1-a, LC -1-b, and LC -1-c Leveling Course (1" Hot Mix Asphalt Paving, Type A 1/2"agg.)
Measurement and payment for this item shall be on a per square foot (SF) basis. The unit price shall pay for all costs of "1" Hot Mix Asphalt Paving (1/2" Type A) (Leveling Course). The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals for recompacting aggregate base or subgrade; applying tack coat; and placing, spreading, and compacting asphalt concrete as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer.
Atty. Rev. 2021
Pavement Reinforcement
PG -1-a Paving Grid (Class II, with 1" Openings) and Paving Fabric, respectively.
Payment for Furnish and Place paving fabric shall be paid per square foot (SF). This work shall consist of furnishing all labor, equipment, supplies, materials, and supervision necessary to complete all operations associated with the installation of pavement reinforcing grid under or between asphalt concrete overlays. Tack coat is included in the payment for paving grid.
PF-1-a Paving Fabric
Payment for Furnish and Place paving fabric shall be paid per square foot (SF). This work shall consist of furnishing all labor, equipment, supplies, materials, and supervision necessary to complete all operations associated with the installation of pavement reinforcing fabric under or between asphalt concrete overlays. Tack coat is included in the payment for paving fabric.
Production Paving (PP)
PP -1-a, PP -1-b, and PP -1-c Furnish, Place and Compact Hot Mix Asphalt (3" Thick Base Bid)
Payment for Furnish, Place and Compact Hot Mix Asphalt (3" Thick Base Bid) shall be paid per (SF) square foot. Payment for thicker section of hot mix asphalt shall be paid by the base bid plus price per square foot of 1" thick increment under Bid Item No. PP - 1 -d. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals for recompacting aggregate base or subgrade; applying tack coat; and placing, spreading, and compacting asphalt concrete as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer.
PP -1-d Furnish, Place and Compact Hot Mix Asphalt (1" Thick Increment, greater than 3")
Payment for Furnish, Place and Compact Hot Mix Asphalt (1" Thick Increment, greater than 3") shall be paid per (SF) square foot in 1" increments, greater than the 3" thick Base Bid. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals for recompacting aggregate base or subgrade; applying tack coat; and placing, spreading, and compacting asphalt concrete as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer. This bid item will be used with bid items PP -1-a, PP -1-b, and PP -1-c.
Dig Out (DO)
DO -1-a, DO -1-b, and DO -1-c Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid)
Payment for Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid) of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF). This item includes all cost associated in the removal and disposal by grinding of existing pavement sections, and hot mix asphalt placement, finishing and other cost associated to install hot mix asphalt Atty. Rev. 2021
for production paving complete in place, as shown on the plans or directed by the Engineer.
DO -1-d Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (3" Thick Increment, greater than 6")
Payment for Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (3" Thick increments, greater than the 6" Base Bid) of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF).
This item includes all cost associated in the removal and disposal by grinding of existing pavement sections, and hot mix asphalt placement, finishing and other cost associated to install hot mix asphalt for production paving complete in place, as shown on the plans or directed by the Engineer. This bid item will be used with bid items DO -1-a, DO -1-b, and DO -1-c.
Grind in Pace (GiP)
GiP-1-a, GiP-1-b, GiP-1-c Grind In Place (6" Thick Base Bid) Measurement and payment for this item shall be on a per square foot (SF) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to grind existing Hot Mixed Asphalt, spread to grade, remove excess, grindings, and compact in place.
Shoulder Backing (SB)
SB-1-a Shoulder Backing
Measurement and payment for this item shall be on a per square foot (SF) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to spread to grade, remove excess, grindings, and compact in place.
Adjustments to Grade
MW -1-a Remove, Replace, and Adjust Monument Well to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary for removal, disposal, replacement, installation, and adjustment to grade of monument well, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal of the existing monument well prior to construction, and installing a monument well at final grade after grading and/or paving operations.
WV -1-a Remove, Replace, and Adjust Water Valve Box to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary for removal, disposal, replacement, installation, and adjustment to grade of water valve boxes, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal and Atty. Rev. 2021
disposing of the existing water valve box prior to construction, and installing a new water valve box at final grade after grading and/or paving operations. This item also includes protecting valve risers during construction, and shortening or extending valve risers as appropriate.
SC -1-a Remove, Replace, and Adjust Sewer Cleanout Box to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals necessary for removal, disposal, replacement, installation, and adjustment to sewer cleanout, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal and disposal of the sewer cleanout box prior to construction, and installing a sewer cleanout box at final grade after grading and/or paving operations. This item also includes protecting risers during construction, and shortening or extending piping as appropriate.
SS -1-a Remove, Replace, and Adjust Sanitary Sewer Manhole to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary for removal, disposal, replacement, installation, and adjustment to sewer manhole, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal of the existing sewer manhole frame and cover to construction, and installing a sewer manhole frame and cover at final grade after grading and/or paving operations. This item also includes protecting risers during construction, and shortening or extending rings as appropriate.
S -1-a Remove, Replace, and Adjust Sewer Manhole to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary for removal, disposal, replacement, installation, and adjustment to sewer manhole, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal of the existing sewer manhole frame and cover to construction, and installing a sewer manhole frame and cover at final grade after grading and/or paving operations. This item also includes protecting risers during construction, and shortening or extending rings as appropriate.
Traffic Control (TC)
Payment for standard traffic control as needed shall be included in various unit prices of the project. Standard traffic control for any single project shall include up to the following:
8 Vinyl Signs (of appropriate type for the given project) with Stands 100 24" Traffic Cones with Reflective Bands
50 Class 1 Barricades
50 Class 1 Barricades with flashers
4 Class 3 Barricades
50 Delineators with Reflective Bands
Atty. Rev. 2021
-- Paper Traffic Signage as Needed
All other traffic control shall be paid per Section 9-1.03, "Force Account", of the Standard Specifications except those for which there is a specific bid item.
TC-1-a Changeable Message Sign
Payment for Changeable Message Sign, when required by the Engineer, shall be paid per day (Day). This item includes material, labor, equipment, and other cost associated to furnish, place, operate and maintain changeable message boards as required.
TC-2-a Flag person
Payment for Flag person, when required by the Engineer, shall be paid per hour (Hr).
This item includes 50% of the cost for labor, equipment and other cost associated to furnish competent flag person(s) during construction operations.
PL -1-a Premium Labor
Payment for Premium Labor on City projects shall be paid as an adjustment factor percentage (AF%) to the Total Base Bid. This item includes all costs associated with premium labor. Premium labor is defined as labor required by the City to be performed outside approved weekday (M -F) construction hours. Approved construction hours are limited to 7:00 am to 7:00 pm Monday through Friday, 8:00 am to 6:00 pm Saturday and 10:00 am to 5:00 pm Sunday. Contractors wishing to perform labor outside approved construction hours may do so at the written authorization of the City but may not apply the premium labor adjustment factor percentage (AF%) to such work.
Atty. Rev. 2021
EXHIBIT "B"
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task.
The aggregate not -to -exceed fee for all tasks provided during the initial one-year term of the Agreement shall be $4,000,000.00.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Contractor shall present the bill for charges by the second day of the month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Atty. Rev. 2021
Item No.
Quantity
Increment
Unit
Description
Unit Price
SAWCUTTING (S)
S -1-a
N/A
LF
Sawcut (3" Thick Base Bid)
S 3.60
S -1-b
N/A
LF
Sawcut (1" Thick Increment, greater than 3")
S 0.67
DEMOLITION (D)
D -1-a
1 - 5,000
SF
HMA Demolition and Disposal (3" Thick Maximum)
S 2.76
D -1-b
5,001 + 10,000
SF
HMA Demolition and Disposal (3" Thick Maximum)
S 2.17
D -1-c
10,001 +
SF
HMA Demolition and Disposal (3" Thick Maximum)
S 1.81
D -1-d
NIA
SF
HMA Demolition and Disposal (1" Thick Increment greater than 3") S 0.52
AGGREGATE BASE (AB)
AB -1-a
1 - 5,000
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 2.40
AB -1-b
5,001 - 10,000
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 2.17
AB -1-c
10,001 - 50,000
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 1.96
AB -1-d
50,001 - 100,000
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 1.76
AB -1-e
100,001 +
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 1.56
AB -1-f
N/A
SF
Furnish, Place, and Compact Class 11 Aggregate Base (1" Thick Increment, greater than 4")
S 0.21
TAPER GRIND (TG)
TG -1-a
1 - 50,000
SF
Demolition and Disposal by Taper Grinding (3" Thick, 20' wide Base Bid) S 1.20
TG -1-b
50,001 - 100,000
SF
Demolition and Disposal by Taper Grinding (3" Thick, 20' wide Base Bid) S 0.98
TG -1-c
100,001 +
SF
Demolition and Disposal by Taper Grinding (3" Thick, 20' wide Base Bid) S 0.84
TG -1-d
N/A
SF
Demolition and Disposal by Taper Grinding (1" Thick Increment greater than 3", 20' wide Base Bid)
S 0.32
GRINDING (G)
G -1-a
1 - 50,000
SF
Demolition and Disposal by Grinding (3" Thick Maximum)
S 2.10
G -2-b
50,001 - 100,000
SF
Demolition and Disposal by Grinding (3" Thick Maximum)
S 1.7(1
G -3-c
100,001 +
SF
Demolition and Disposal by Grinding (3" Thick Maximum)
S 1.36
G -3-d
N/A
SF
Demolition and Disposal by Grinding (1" Thick Increment, greater than 3") S (1.32
LEVELING COURSE (LC)
LC -1-a
1 - 50,000
SF
Leveling Course (1" Hot Mix Asphalt Paving, Type 1/2" agg.) S 1.71
LC -1-b
50,001 - 100,000
SF
Leveling Course (1" Hot Mix Asphalt Paving, Type 1/2" agg.) S 1.38
LC -1-c
100,001 +
SF
Leveling Course (1" Hot Mix Asphalt Paving, Type 1/2" agg.) S 1.13
PAVEMENT REINFORCEMENT
PG -1-a
10,001 +
SF
Paving Grid (Class 11, with 1" Openings)
S_. )n
PF-1-a
10,001 +
SF
Paving Fabric
S 0.93
PRODUCTION PAVING (PP)
PP -1-a
1 - 50,000
SF
Furnish, Place, and Compact Hot Mix Asphalt (3" Thick Base Bid) $ 3.96
PP -1-b
50,001 - 100,000
SF
Furnish, Place, and Compact Hot Mix Asphalt (3" Thick Base Bid) $ 3.72
PP -1-c
100,001 +
SF
Furnish, Place, and Compact Hot Mix Asphalt (3" Thick Base Bid) $ 3.66
Atty. Rev. 2021
PP -1-d
N/A
SF I
Furnish, Place and Compact Hot Mix Asphalt (1" Thick Increment, greater than 3") $ 0.93
DIG OUT (DO)
DO -1-a
1 - 50,000
SF
Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid)
$ 984
DO -1-b
50,001 - 100,000
SF
Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid)
$ 8.10
DO -1-c
100,001 +
SF
Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid)
$ 7.80
DO -1-d
N/A
SF
Demolition and Disposal by Grinding, Fumish, Place and Compact Hot Mix Asphalt (3" Thick Increment, greater than 6")
$ 3.60
GRIND IN PLACE
GiP-1-a
1 - 50,000
SF
Grind In Place (6" Thick Base Bid)
S 1.14
GiP-1-b
50,001 - 100,000
SF
Grind In Place (6" Thick Base Bid)
S 1.08
GiP-1-c
100,001 +
SF
Grind In Place (6" Thick Base Bid)
S 1.03
GiP-1-d
N/A
SF
Grind In Place (1" Thick Increment, greater than 6")
S 0.27
SHOULDER BACKING
SB-1-a
1 - 50,000
SF
Shoulder Backing (3' wide)
S 2.06
ADJUSTMENTS TO GRADE
MW -1-a
1-50
EA
Remove, Replace, and Adjust Monument Well to Grade
S 2,100.0(1
WV -1-a
1-50
EA
Remove, Replace, and Adjust Water Valve Box to Grade
S 1,950.00
CO -1-a
1-50
EA
Remove, Replace, and Adjust Sewer Cleanout Box to Grade S 1,950.0(1
SS -1-a
1-50
EA
Remove, Replace, and Adjust Sanitary Sewer (SS) Frame and Grate to Grade S2,800.0()
SD -1-a
1-50
EA
Remove, Replace, and Adjust, Storm Drain (SD) Frame and Grate to Grade S 2,800.0(1
TRAFFIC CONTROL (TC)
TC-1-a
N/A
Day
Changeable Message Sign
S 250.00
TC-2-a
N/A
Hr
Flag person
S 165.00
Atty. Rev. 2021
EXHIBIT "C"
INSURANCE
INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Fomi Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
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2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
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a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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AGREEMENT FOR PROFESSIONAL SERVICES
Job -Order Pavement Repairs Contract
This Agreement is made on June 20, 2023, by and between R. Burke Corporation, a California Corporation ("Contractor"), and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of construction services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is two (2) years, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law.
Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing miscellaneous pavement repairs services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."
2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."
2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated
3. Contractor's Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City.
The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
R. Burke Corporation
Attn: Robert E Burke
P.O. Box 957
San Luis Obispo, CA 93406
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be Atty. Rev. 2021
2
effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 3 Atty. Rev. 2021
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
R. BURKE CORPORATION, A CITY OF SANTA MARIA, a political California Corporation subdivision of the State of California By: ROBERT E BURKE By: JASON STILWELL
President City Manager
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
4 Atty. Rev. 2021
EXHIBIT "A"
SERVICES TO BE PERFORMED
Sawcutting (S)
S -1-a Sawcut (3" Thick Base Bid)
Payment for the sawcut of hot mix asphalt (3" thick base bid) shall be paid per lineal foot (LF). This item includes sawcutting existing hot mix asphalt and/or concrete at a nominal 3" thickness.
S -1-b Sawcut (1" Thick Increment, greater than 3")
Payment for thicker pavement sections shall be paid per lineal foot (LF) in 1" increments, greater than the 3" thick base bid. This item includes sawcutting existing hot mix asphalt and/or concrete greater than the 3" thick base bid.
Demolition (D)
D -1-a, D -1-b, and D -1-c Demolition and Disposal (3" Thick Base Bid) Payment for Demolition and Disposal (3" Thick Base Bid) of existing pavement sections (hot mix asphalt and/or concrete, aggregate base and earth) shall be paid per square foot (SF). This item includes all cost associated in the removal and disposal of existing pavement sections. Note: this bid item will be used with bid items S -1-a and S -1-b Sawcut.
D -1-d Demolition and Disposal (1" Thick Increment, greater than 3") Payment for Demolition and Disposal (1" Thick Increment, greater than 3") of existing pavement sections (hot mix asphalt and/or concrete, aggregate base and earth) shall be paid per square foot (SF) in 1" increments, greater than the 3" thick Base Bid. This item includes all cost associated in the removal and disposal of existing pavement sections.
Note: this bid item will be used with bid items S -1-a and S -1-b Sawcut.
Aggregate Base (AB)
AB -1-a, AB -1-b, AB -1-c, AB -1-d, and AB -1-e Furnish, Place and Compact Class II Aggregate Base (4" Thick Base Bid)
Payment for Furnish, Place and Compact Class II Aggregate Base (4" Thick Base Bid) shall be paid per square foot (SF). This item includes all cost associated with furnishing, placing, and compacting Class II Aggregate.
AB -1-f Furnish, Place and Compact Class II Aggregate Base (1 Thick increment, greater than 4")
Payment for Furnish, Place and Compact Class II Aggregate Base (1" Thick increment, greater than 3" shall be paid per square foot (SF) in 1" increments, greater than the 4" thick Base Bid. This item includes all cost associated with furnishing, placing, and compacting Class II Aggregate.
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Taper Grind (TG)
TG -1-a, TG -1-b, and TG -1-c, Demolition and Disposal by Taper Grind (3" Thick, 20' wide Base Bid
Payment for Demolition and Disposal by Taper Grinding of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF). This work shall consist of furnishing all labor, equipment, supplies, materials, and supervision necessary to complete all operations associated with performing a Taper Grind 3" Thick to 0" Thick, over a 20' width.
TG -1-d, Demolition and Disposal by Taper Grind (1" Thick increment greater than 3", 20' wide Base Bid
Payment for Demolition and Disposal by Taper Grinding (1" Thick Increment, greater than 3") of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF). This work shall consist of furnishing all labor, equipment, supplies, materials, and supervision necessary to complete all operations associated with performing a Taper Grind 1" Thick increments greater than 3") to 0" Thick, over a 20' width.
Grinding (G)
G -1-a, G -1-b, and G -1-c Demolition and Disposal by Grinding (3" Thick Base Bid) Payment for Demolition and Disposal by Grinding (3" Thick Base Bid) of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF). This item includes all cost associated in the removal and disposal by grinding of existing pavement sections.
G -1-d Demolition and Disposal by Grinding (1" Thick Increment, greater than 3") Payment for Demolition and Disposal by Grinding (1" Thick Increment, greater than 3") of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF) in 1" increments, greater than the 3" thick Base Bid. This item includes all cost associated in the removal and disposal by grinding of existing pavement sections.
Leveling Course (LC)
LC -1-a, LC -1-b, and LC -1-c Leveling Course (1" Hot Mix Asphalt Paving, Type A 1 /2"agg.)
Measurement and payment for this item shall be on a per square foot (SF) basis. The unit price shall pay for all costs of "1" Hot Mix Asphalt Paving (1/2" Type A) (Leveling Course). The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals for recompacting aggregate base or subgrade; applying tack coat; and placing, spreading, and compacting asphalt concrete as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer.
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Pavement Reinforcement
PG -1-a Paving Grid (Class II, with 1" Openings) and Paving Fabric, respectively.
Payment for Furnish and Place paving fabric shall be paid per square foot (SF). This work shall consist of furnishing all labor, equipment, supplies, materials, and supervision necessary to complete all operations associated with the installation of pavement reinforcing grid under or between asphalt concrete overlays. Tack coat is included in the payment for paving grid.
PF-1-a Paving Fabric
Payment for Furnish and Place paving fabric shall be paid per square foot (SF). This work shall consist of furnishing all labor, equipment, supplies, materials, and supervision necessary to complete all operations associated with the installation of pavement reinforcing fabric under or between asphalt concrete overlays. Tack coat is included in the payment for paving fabric.
Production Paving (PP)
PP -1-a, PP -1-b, and PP -1-c Furnish, Place and Compact Hot Mix Asphalt (3" Thick Base Bid)
Payment for Furnish, Place and Compact Hot Mix Asphalt (3" Thick Base Bid) shall be paid per (SF) square foot. Payment for thicker section of hot mix asphalt shall be paid by the base bid plus price per square foot of 1" thick increment under Bid Item No. PP - 1 -d. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals for recompacting aggregate base or subgrade; applying tack coat; and placing, spreading, and compacting asphalt concrete as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer.
PP -1-d Furnish, Place and Compact Hot Mix Asphalt (1" Thick Increment, greater than 3")
Payment for Furnish, Place and Compact Hot Mix Asphalt (1" Thick Increment, greater than 3") shall be paid per (SF) square foot in 1" increments, greater than the 3" thick Base Bid. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals for recompacting aggregate base or subgrade; applying tack coat; and placing, spreading, and compacting asphalt concrete as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer. This bid item will be used with bid items PP -1-a, PP -1-b, and PP -1-c.
Dig Out (DO)
DO -1-a, DO -1-b, and DO -1-c Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid)
Payment for Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid) of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF). This item includes all cost associated in the removal and disposal by grinding of existing pavement sections, and hot mix asphalt placement, finishing and other cost associated to install hot mix asphalt Atty. Rev. 2021
for production paving complete in place, as shown on the plans or directed by the Engineer.
DO -1-d Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (3" Thick Increment, greater than 6")
Payment for Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (3" Thick increments, greater than the 6" Base Bid) of existing pavement sections (hot mix asphalt, aggregate base and earth) shall be paid per square foot (SF).
This item includes all cost associated in the removal and disposal by grinding of existing pavement sections, and hot mix asphalt placement, finishing and other cost associated to install hot mix asphalt for production paving complete in place, as shown on the plans or directed by the Engineer. This bid item will be used with bid items DO -1-a, DO -1-b, and DO -1-c.
Grind in Pace (GiP)
GiP-1-a, GiP-1-b, GiP-1-c Grind In Place (6" Thick Base Bid) Measurement and payment for this item shall be on a per square foot (SF) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to grind existing Hot Mixed Asphalt, spread to grade, remove excess, grindings, and compact in place.
Shoulder Backing (SB)
SB-1-a Shoulder Backing
Measurement and payment for this item shall be on a per square foot (SF) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to spread to grade, remove excess, grindings, and compact in place.
Adjustments to Grade
MW -1-a Remove, Replace, and Adjust Monument Well to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary for removal, disposal, replacement, installation, and adjustment to grade of monument well, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal of the existing monument well prior to construction, and installing a monument well at final grade after grading and/or paving operations.
WV -1-a Remove, Replace, and Adjust Water Valve Box to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary for removal, disposal, replacement, installation, and adjustment to grade of water valve boxes, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal and Atty. Rev. 2021
disposing of the existing water valve box prior to construction, and installing a new water valve box at final grade after grading and/or paving operations. This item also includes protecting valve risers during construction, and shortening or extending valve risers as appropriate.
SC -1-a Remove, Replace, and Adjust Sewer Cleanout Box to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals necessary for removal, disposal, replacement, installation, and adjustment to sewer cleanout, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal and disposal of the sewer cleanout box prior to construction, and installing a sewer cleanout box at final grade after grading and/or paving operations. This item also includes protecting risers during construction, and shortening or extending piping as appropriate.
SS -1-a Remove, Replace, and Adjust Sanitary Sewer Manhole to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary for removal, disposal, replacement, installation, and adjustment to sewer manhole, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal of the existing sewer manhole frame and cover to construction, and installing a sewer manhole frame and cover at final grade after grading and/or paving operations. This item also includes protecting risers during construction, and shortening or extending rings as appropriate.
S -1-a Remove, Replace, and Adjust Sewer Manhole to Grade Measurement and payment for this item shall be on a per each (EA) basis. The work shall include, but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary for removal, disposal, replacement, installation, and adjustment to sewer manhole, complete in place, in accordance with the plans and specifications, and as directed by the Engineer. This work also includes removal of the existing sewer manhole frame and cover to construction, and installing a sewer manhole frame and cover at final grade after grading and/or paving operations. This item also includes protecting risers during construction, and shortening or extending rings as appropriate.
Traffic Control (TC)
Payment for standard traffic control as needed shall be included in various unit prices of the project. Standard traffic control for any single project shall include up to the following:
8 Vinyl Signs (of appropriate type for the given project) with Stands 100 24" Traffic Cones with Reflective Bands
50 Class 1 Barricades
50 Class 1 Barricades with flashers
4 Class 3 Barricades
50 Delineators with Reflective Bands
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-- Paper Traffic Signage as Needed
All other traffic control shall be paid per Section 9-1.03, "Force Account", of the Standard Specifications except those for which there is a specific bid item.
TC-1-a Changeable Message Sign
Payment for Changeable Message Sign, when required by the Engineer, shall be paid per day (Day). This item includes material, labor, equipment, and other cost associated to furnish, place, operate and maintain changeable message boards as required.
TC-2-a Flag person
Payment for Flag person, when required by the Engineer, shall be paid per hour (Hr).
This item includes 50% of the cost for labor, equipment and other cost associated to furnish competent flag person(s) during construction operations.
PL -1-a Premium Labor
Payment for Premium Labor on City projects shall be paid as an adjustment factor percentage (AF%) to the Total Base Bid. This item includes all costs associated with premium labor. Premium labor is defined as labor required by the City to be performed outside approved weekday (M -F) construction hours. Approved construction hours are limited to 7:00 am to 7:00 pm Monday through Friday, 8:00 am to 6:00 pm Saturday and 10:00 am to 5:00 pm Sunday. Contractors wishing to perform labor outside approved construction hours may do so at the written authorization of the City but may not apply the premium labor adjustment factor percentage (AF%) to such work.
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EXHIBIT "B"
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task order will be created under this Master Agreement for the completion of each task.
The aggregate not -to -exceed fee for all tasks provided during the initial one-year term of the Agreement shall be $4,000,000.00.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Contractor shall present the bill for charges by the second day of the month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
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Item No.
Quantity
Increment
Unit
Description
Unit Price
SAWCUTTING (S)
S -1-a
N/A
LF
Sawcut (3" Thick Base Bid)
S 5.00
S -1-b
N/A
LF
Sawcut (1" Thick Increment, greater than 3")
S 2.00
DEMOLITION (D)
D -1-a
1 - 5,000
SF
HMA Demolition and Disposal (3" Thick Maximum)
S 5.00
D -1-b
5,001 + 10,000
SF
HMA Demolition and Disposal (3" Thick Maximum)
S 5.00
D -1-c
10,001 +
SF
HMA Demolition and Disposal (3" Thick Maximum)
S 5.00
D -1-d
NIA
SF
HMA Demolition and Disposal (1" Thick Increment greater than 3") 5 2.00
AGGREGATE BASE (AB)
AB -1-a
1 - 5,000
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 6.(x1
AB -1-b
5,001 - 10,000
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 6.00
AB -1-c
10,001 - 50,000
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 6.00
AB -1-d
50,001 - 100,000
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 6.00
AB -1-e
100,001 +
SF
Furnish, Place, and Compact Class 11 Aggregate Base (4" Thick Base Bid) S 6.00
AB -1-f
N/A
SF
Furnish, Place, and Compact Class 11 Aggregate Base (1" Thick Increment, greater than 4")
S 100
TAPER GRIND (TG)
TG -1-a
1 - 50,000
SF
Demolition and Disposal by Taper Grinding (3" Thick, 20' wide Base Bid) S 3.00
TG -1-b
50,001 - 100,000
SF
Demolition and Disposal by Taper Grinding (3" Thick, 20' wide Base Bid) S 3.00
TG -1-c
100,001 +
SF
Demolition and Disposal by Taper Grinding (3" Thick, 20' wide Base Bid) S 3.00
TG -1-d
N/A
SF
Demolition and Disposal by Taper Grinding (1" Thick Increment greater than 3", 20' wide Base Bid)
S 1.00
GRINDING (G)
G -1-a
1 - 50,000
SF
Demolition and Disposal by Grinding (3" Thick Maximum)
S 3.00
G -2-b
50,001 - 100,000
SF
Demolition and Disposal by Grinding (3" Thick Maximum)
S 3.00
G -3-c
100,001 +
SF
Demolition and Disposal by Grinding (3" Thick Maximum)
S 3.00
G -3-d
N/A
SF
Demolition and Disposal by Grinding (1" Thick Increment, greater than 3") 5 1.0(1
LEVELING COURSE (LC)
LC -1-a
1 - 50,000
SF
Leveling Course (1" Hot Mix Asphalt Paving, Type 1/2" agg.) >2.00
LC -1-b
50,001 - 100,000
SF
Leveling Course (1" Hot Mix Asphalt Paving, Type 1/2" agg.)
52.00 LC -1-c
100,001 +
SF
Leveling Course (1" Hot Mix Asphalt Paving, Type 1/2" agg.)
52.0(1
PAVEMENT REINFORCEMENT
PG -1-a
10,001 +
SF
Paving Grid (Class 11, with 1" Openings)
S 3.0(1
PF-1-a
10,001 +
SF
Paving Fabric
S 1.0(1
PRODUCTION PAVING (PP)
PP -1-a
1 - 50,000
SF
Furnish, Place, and Compact Hot Mix Asphalt (3" Thick Base Bid) $ 7.00
PP -1-b
50,001 - 100,000
SF
Furnish, Place, and Compact Hot Mix Asphalt (3" Thick Base Bid) $ 7.00
PP -1-c
100,001 +
SF
Furnish, Place, and Compact Hot Mix Asphalt (3" Thick Base Bid) $ 7.00
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PP -1-d
N/A
SF
Furnish, Place and Compact Hot Mix Asphalt (1" Thick Increment, greater than 3") $ 3.00
DIG OUT (DO)
DO -1-a
1 - 50,000
SF
Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid)
$ 25.00
DO -1-b
50,001 - 100,000
SF
Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid)
$ 25.00
DO -1-c
100,001 +
SF
Demolition and Disposal by Grinding, Furnish, Place and Compact Hot Mix Asphalt (6" Thick Base Bid)
$ 25.00
DO -1-d
N/A
SF
Demolition and Disposal by Grinding, Fumish, Place and Compact Hot Mix Asphalt (3" Thick Increment, greater than 6")
$ 15.00
GRIND IN PLACE
GiP-1-a
1 - 50,000
SF
Grind In Place (6" Thick Base Bid)
$ 3.00
GiP-1-b
50,001 - 100,000
SF
Grind In Place (6" Thick Base Bid)
S 2.50
GiP-1-c
100,001 +
SF
Grind In Place (6" Thick Base Bid)
S 2.50
GiP-1-d
N/A
SF
Grind In Place (1" Thick Increment, greater than 6")
S 2.00
SHOULDER BACKING
SB-1-a
1 - 50,000
SF
Shoulder Backing (3' wide)
, , ),
ADJUSTMENTS TO GRADE
MW -1-a
1-50
EA
Remove, Replace, and Adjust Monument Well to Grade
S 1,500.0(1
WV -1-a
1-50
EA
Remove, Replace, and Adjust Water Valve Box to Grade
S 1,500.00
CO -1-a
1-50
EA
Remove, Replace, and Adjust Sewer Cleanout Box to Grade S 1,500.00
SS -1-a
1-50
EA
Remove, Replace, and Adjust Sanitary Sewer (SS) Frame and Grate to Grade 52,100.00
SD -1-a
1-50
EA
Remove, Replace, and Adjust, Storm Drain (SD) Frame and Grate to Grade S 2,100.0(1
TRAFFIC CONTROL (TC)
TC-1-a
N/A
Day
Changeable Message Sign
5 500.00
TC-2-a
N/A
Hr
Flag person
S 125.00
Atty. Rev. 2021
EXHIBIT "C"
INSURANCE
INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Fomi Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Atty. Rev. 2021
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
Atty. Rev. 2021
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Atty. Rev. 2021
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $4,000,000 FOR MUNICIPAL IMPROVEMENTS JOB -ORDER PAVEMENT REPAIRS TO V. LOPEZ JR. & SONS, INC.
WHEREAS, the City maintains approximately 53,000,000 square feet of pavement throughout the City, and needs additional resources to make repairs to existing street segments and emergency repairs; and
WHEREAS, on April 11, 2023, the City issued a Formal Bid for Job -Order Pavement Repairs for pavement repairs within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on May 20, 2023, the City received three (3) proposals from firms that perform this work; and
WHEREAS, staff reviewed the bids received and determined that V. Lopez Jr. & Sons, Inc., satisfied the requirements and was deemed a qualified firm to provide the needed on -call Job -Order Pavement Repair services; and WHEREAS, the firm will provide services on an on -call, as -needed, and project - specific basis as defined by the City. All task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the unit rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. That a Professional Services Agreement for on -call Job -Order Pavement Repair services is awarded to V. Lopez Jr. & Sons, Inc., for a term of two years with an annual fee not to exceed $4,000,000, annually; and
2. That the City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required.
3. The Chief Deputy 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 Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 20th day of June 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $4,000,000 FOR MUNICIPAL
IMPROVEMENTS JOB -ORDER PAVEMENT REPAIRS TO MAIN LINE
ENGINEERING CONSTRUCTION, INC.
WHEREAS, the City maintains approximately 53,000,000 square feet of pavement throughout the City, and needs additional resources to make repairs to existing street segments and emergency repairs; and
WHEREAS, on April 11, 2023, the City issued a Formal Bid for Job -Order Pavement Repairs for pavement repairs within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on May 20, 2023, the City received three (3) proposals from firms that perform this work; and
WHEREAS, staff reviewed the bids received and determined that Main Line Engineering Construction, Inc., satisfied the requirements and was deemed a qualified firm to provide the needed on -call Job -Order Pavement Repair services; and WHEREAS, the firm will provide services on an on -call, as -needed, and project - specific basis as defined by the City. All task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the unit rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. That a Professional Services Agreement for on -call Job Order Pavement Repair services is awarded to Main Line Engineering Construction, Inc., fora term of two years with an annual fee not to exceed $4,000,000, annually; and
2. That the City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required.
3. The Chief Deputy 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 Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 20th day of June 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $4,000,000 FOR MUNICIPAL IMPROVEMENTS JOB -ORDER PAVEMENT REPAIRS TO R. BURKE CORPORATION
WHEREAS, the City maintains approximately 53,000,000 square feet of pavement throughout the City and needs additional resources to make repairs to existing street segments and emergency repairs; and
WHEREAS, on April 11, 2023, the City issued a Formal Bid for Job -Order Pavement Repairs for pavement repairs within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on May 20, 2023, the City received three (3) proposals from firms that perform this work; and
WHEREAS, staff reviewed the bids received and determined that R. Burke Corporation satisfied the requirements and was deemed a qualified firm to provide the needed on -call Job -Order Pavement Repair services; and WHEREAS, the firm will provide services on an on -call, as -needed, and project - specific basis as defined by the City. All task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the unit rate schedule included in the agreement; and,
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. That a Professional Services Agreement for on -call Job -Order Pavement Repair services is awarded to R. Burke Corporation for a term of two years with an annual fee not to exceed $4,000,000, annually; and
2. That the City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required.
3. The Chief Deputy 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 Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 20th day of June 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
2
FOR THE COUNCIL MEETING OF JUNE 20, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Recreation & Parks
SUBJECT: Adoption of Engineer's Reports and Intent to Levy and Collect the 2023 — 2024 Landscape Assessments
Description:
The City Council will consider the annual Engineer's Reports for the City's Landscape Maintenance Districts and special benefit zones, and setting the public hearing to consider the annual Districts' assessments.
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATIONS:
1. Adopt a Resolution approving the Engineer's Reports for the 2023-24 Landscape Maintenance Districts and Special Benefit Zones assessment proceedings.
2. Adopt a Resolution declaring the intent to levy and collect the landscape maintenance assessments for Fiscal Year 2023-24, and setting a Public Hearing for July 18, 2023, to consider the proposed assessments for the Landscape Maintenance Districts and 19 Special Benefit Zones.
BACKGROUND:
During the 1980s, the City of Santa Maria established four geographic Landscape Maintenance Districts with Broadway and Stowell serving as the center point. The four "Master Districts" consist of the following: South Miller Street/South College Drive Landscape Maintenance District created by Resolution 81-298 on August 4, 1981; Northwest Landscape Maintenance District by Resolution 88-154 on December 20, 1988; Northeast Landscape Maintenance District by Resolution 89-51 on May 2, 1989; and Southwest Landscape Maintenance District by Resolution 89-50 on May 2, 1989. The creation of these districts enabled the City of Santa Maria to levy and collect assessments for the purposes of maintaining the public landscaping and parks, and for nuisance abatement within each district.
Within the "Master Districts," there are currently 19 Special Benefit Zones (SBZ). Each SBZ was created at the time when a new development was built, to provide for the perpetual maintenance of additional public improvements associated with the
development of each project. These public improvements include retention basins, parks, sidewalks, graffiti abatement, pest abatement, street trees, and all public thoroughfare landscaping. The cost for maintaining the public improvements varies, based on the type and extent of public improvements in each subdivision. This cost is distributed among all assessed properties within the specific SBZ and collected annually through property taxes.
Under the Landscaping and Lighting Act of 1972 ("the Act"), the City is authorized to provide and maintain landscaping, public lighting, appurtenant facilities, and park and recreational improvements. By following the procedures set out in the Act, as well as Proposition 218 and its implementing legislation, the City can assess property owners for the special benefit received from installing and maintaining these improvements.
The process of assessing property for improvements under the Act has several steps. A typical first step is annexing property into a particular part of the City's system under the Act and setting the assessment for the first fiscal year. This is accomplished through the consent of the current property owner(s) and action of the City Council pursuant to an Engineer's Report. The Engineer's Report correctly apportions the costs of specific property according to the special benefit received. If properties receive additional benefits, they are placed into a "zone" that receives a particularized assessment amount accordingly for the additional special benefit received.
Assessment law, in particular Proposition 218, allows only the special benefit received by properties to be assessed. General benefits received by the public are not recoverable using assessments. The Engineer's Reports apportion or spread the special benefit amounts to the properties to be assessed.
DISCUSSION:
In the fall of 2020, the City entered into an agreement with a financial consultant to update the Engineer's Report format, detailed information, and exhibits. Now with the modernized report, City Public Works and Recreation and Parks staff have taken on the task of preparing the report. The recommended City Council actions are 1) adopting a Resolution approving the Engineer's Reports for assessment proceedings; and 2) declaring the intent to levy and collect the property tax assessments for each of the four Landscape Maintenance Districts and the SBZs, and setting a public hearing for July 18, 2023, to consider the proposed landscape assessments for approval.
City staff has determined that the annual Consumer Price Index CPI rose by 4.9 percent in calendar year 2022, requiring that the 2023 district and SBZ assessments be increased by 4.9 percent to keep pace with increased costs.
Effective July 1, 2023, the City's contractor, J.D. Humann Company, has will increased its fees by 3 percent due to the CPI. These increasing costs continue to impact the ability for of the current assessment level to meet the cost of operations. 2
The proposed assessments are intended to provide adequate funding for district operations over the next fiscal year and are consistent with past City Council actions.
The action before the City Council not only authorizes the levying and collection of the property tax assessment for the Landscape Maintenance Districts and the SBZs, but also authorizes the transfer of funds out from the appropriated reserves in order to finance operational costs (unanticipated expenses or project overages) in the districts during the next fiscal year.
Alternative(s)
The City Council has the option to not approve the Engineer's Reports.
Fiscal Considerations
The Engineer's Reports (Attachments A -D) present the specific financing related to each of the Landscape Maintenance District Assessments for the "Master Districts" and the SBZs. To summarize, the Landscape Maintenance Districts and the SBZs generate approximately $5.1 million in revenue to fund direct maintenance services and district operation costs. This revenue is collected from approximately 10,070 residential and 675 commercial properties located within a district.
Impact to the Community
Landscaping along the City's major arterials and surrounding residential and commercial developments in the City is a positive indication of the fine quality of life in Santa Maria and its aesthetic appeal. Accordingly, the City's landscaping provides for the community's enjoyment, neighborhood cohesiveness, and beauty. The assessments herein provide for perpetual care of these public areas and safeguard the assets of surrounding property owners.
During FY 2022-23, the Landscape Maintenance District staff faced major challenges primarily related to the ongoing drought and the States requirement to abandon all non - sports turf such as grassy parkways. Staff efforts and expenses were focused on materials, planning, managing, and funding turf conversion to low-water use landscaping.
Attachment A: Engineer's Report -Northwest
Attachment B: Engineer's Report -Northeast
Attachment C: Engineer's Report -South Miller Street/South College Drive Attachment D: Engineer's Report -Southwest
Attachment E: Affected Properties by the Proposed Assessments Attachment F: Boundary Map of Assessment Districts
3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, APPROVING THE ENGINEER'S REPORTS FOR THE 2023-24
LANDSCAPE MAINTENANCE DISTRICTS AND SPECIAL BENEFIT ZONES
ASSESSMENT PROCEEDINGS
WHEREAS, the City Council of the City of Santa Maria, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Section 22500, et seq. of the Streets and Highways Code) initiated proceedings and ordered the preparation of an Engineer's Report for the assessment of certain property annexed to the Northeast, Northwest, Southwest, and South Miller Street/South College Drive Landscape Maintenance Districts, and the associated Special Benefit Zones; and WHEREAS, the Engineer's Reports were prepared as directed by the City Council; and
WHEREAS, the City Council has reviewed the Engineer's Reports as presented and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, are in accordance with the benefits received for the work to be performed; and
WHEREAS, the City Council accepts these assessments as the basis on which to provide service to the Northeast, Northwest, Southwest, and South Miller Street/South College Drive Landscape Maintenance Districts, and the 19 Special Benefit Zones.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. That the above recitals are true and correct.
2. That the Engineer's Reports, as presented, are hereby approved on a preliminary basis, and are ordered to be filed in the Office of the City Clerk of the City of Santa Maria as a permanent record and to remain open to public inspection.
3. That the necessary adjustments reflected in the Engineer's Reports shall be made to the City of Santa Maria 2023-24 Budget Allocations for each Landscape Maintenance District and Special Benefit Zone, and that the City Manager, or designee, is authorized to make the necessary inter -fund transfers to landscape maintenance district operational budgets.
4. The Chief Deputy 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 Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
'U
S. Department of Labor. Bureau of Labor Statistics for Urban Los Angeles -Long Beach -Anaheim. CA areas — includes Santa Maria.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 20th day of June 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
Atty. Rev. 2020
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA DECLARING THE INTENT TO LEVY AND COLLECT THE LANDSCAPE MAINTENANCE ASSESSMENTS FOR FISCAL YEAR 2023-24, AND SETTING A PUBLIC HEARING FOR JULY 18, 2023, TO CONSIDER THE
PROPOSED ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICTS AND 19 SPECIAL BENEFIT ZONES
WHEREAS, the City Council proposes to initiate proceedings for the assessment of property annexed to the Northeast, Northwest, Southwest, and South Miller Street/South College Drive Landscape Maintenance Districts and the 19 Special Benefit Zones ("Districts"), pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972 (Section 22500, et seq. of the Streets and Highways Code); and WHEREAS, by the terms of Resolution Nos. 1994-96, 1994-97, 1994-98, and 1994-99, dated June 7, 1994, the City Council previously adopted a formula for annual adjustment of assessments based on the Consumer Price Index Figures of the U.S.
Department of Labor, Bureau of Labor Statistics for Urban Los Angeles -Long Beach - Anaheim, CA areas.'
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. That the above recitals are true.
2. That it is the intention of this legislative body to levy and collect assessments for Fiscal Year 2023-24 to fund the costs and expenses for the maintenance of retention basins, parks, sidewalks and public thoroughfare landscaping, street trees, graffiti abatement, pest abatement, and all other public landscaping.
3. The City Manager, or designee, is authorized and directed to receive and appropriate assessments as reported in the Engineer's Reports on Attachments A -D of the Council Agenda Report and are incorporated herein by reference; and are hereby authorized and directed to reallocate said appropriations and estimated revenues to reflect the final assessments as determined by the County of Santa Barbara.
4. The City Manager, or designee, is hereby authorized to approve the transfer of funds from appropriated reserve accounts for the purpose of covering operational costs when needed.
5. That the assessment districts affected by this Resolution of Intention are distinctively designated as follows: Northeast, Northwest, South Miller 1 U. S. Department of Labor. Bureau of Labor Statistics for Urban Los Angeles -Long Beach -Anaheim. CA areas — includes Santa Maria.
Street/South College Drive, and Southwest Landscape Maintenance Districts, and the 19 Special Benefit Zones, which are described in Attachment "E" and shown on the map as Attachment "F" of the Council Agenda Report and are incorporated herein by reference.
6. That said work will provide a special and direct benefit to the properties as described in the Engineer's Reports previously approved by the City Council.
7. That notice is hereby given that a public hearing on the questions of the proposed assessments is hereby scheduled at 5:30 p.m. in the City Council Chambers which is located at 110 East Cook Street in Santa Maria, California, on Tuesday, July 18, 2023.
8. That direction is also given to provide notice of the public hearing pursuant to Streets and Highways Code Sections 22552 and 22553.
9. That the Engineer's Reports pertaining to the proposed proceedings are on file with the Chief Deputy City Clerk and should be referred to for a full and detailed description of the improvements, Landscape Maintenance District Boundaries, any Special Benefit Zones therein, and the proposed assessments upon assessable lots and parcels of land within the Districts.
10. The Chief Deputy 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 Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 20th day of June 2023.
ATTEST: Mayor
APPROVED AS TO FORM:
Chief Deputy City Clerk
2 City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
a
AMMON
01TY7
Annual Engineer's Report
Fiscal Year 2023/2024
Northwest Landscape Maintenance Assessment District No. DS -9 Incorporating Special Benefit Zones:
• Cherry Blossom
0 North Preisker Ranch
Intent Meeting: June 20, 2023
Public Hearing: July 18, 2023
City of Santa Maria
110 E. Cook Street
Santa Maria, CA 93454
Prepared by: Neville Smeda, Business Program Leader
ENGINEER'S REPORT AFFIDAVIT
This Report and the enclosed descriptions, budgets and diagram outline the proposed improvements and assessments for Landscape Maintenance Assessment District No. DS -9 in the City of Santa Maria for Fiscal Year 2023/2024, which includes each lot, parcel, and subdivision of land within said District, as the same existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Santa Barbara County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this
By:
l day of MAY , 2023.
J
AJ r2),,,
David Beas, PE# 56437
-2-
Table of Contents
INTRODUCTION - 4 -
Report Content and Annual Proceedings - 4 -
PART I — PLANS AND SPECIFICATIONS - 8 -
Zones of Benefit - 9 -
Part II — Method of Apportionment - 11 -
Benefit Analysis 12 -
Assessment Methodology 14 -
Part III — Estimate of Costs 16 -
Annual Inflationary Adjustment (Assessment Range Formula) 18 - Part IV — District/Zone Diagrams 19 -
District Boundary Diagram 20 -
District Improvement Diagram (Northern Section) 21 -
District Improvement Diagram (Southern Section) 22 -
Cherry Blossom Special Benefit Zone 23 -
North Preisker Ranch Special Benefit Zone 24 -
Part V - Assessment Rolls 25 -
-3-
ra
INTRODUCTION
The City of Santa Maria ("City"), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ("1972 Act") and in accordance with the provisions of the California State Constitution, Article XIIID ("California Constitution") annually levies and collects special assessments for the City's maintenance assessment district designated as Northwest Landscape Maintenance Assessment District No. DS -9 (hereafter referred to as "District") to fund in whole or in part the maintenance and operation of landscaping improvements that provide special benefits to properties within the District.
The City Council on December 20, 1988, established the formation of the Northwest Landscape Maintenance District No. DS -9 for the purpose of financing the continued maintenance of the landscaping within the northwest quadrant of the City.
In accordance with the 1972 Act, the District also utilizes special benefit zones ("Zones") to address variations in the nature, location, and extent of the improvements that provide special benefits to specific parcels and developments within the District. Within the boundaries of the District, some parcels may be assigned to a special benefit zone, each of which is associated with specific improvements that provide special benefit to properties within that Zone that are in addition to the improvements proportionally shared by properties throughout the District.
For Fiscal Year 2023/2024 in addition to the shared District improvements and assessments, parcels within the following Zones may be assessed for local improvements specific to the parcels and developments within each respective Zone:
• Cherry Blossom Special Benefit Zone,
• North Preisker Ranch Special Benefit Zone,
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 2023/2024. This Report outlines the District improvements, the special benefit zones, the method of apportionment, and 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 2023/2024. The annual assessments to be levied on properties within the District provide a source of funding to fund in whole or in part, the continued operation and maintenance of the landscaping improvements and services to be provided by the District for the properties within the District and specified Zones for which the properties receive special benefits.
Each fiscal year, the City establishes the District's assessments based on an estimate of the costs to maintain, operate and service the authorized District improvements and based upon available revenues -4-
including assessment revenues, fund balances, general benefit contributions and any additional City contributions from available sources. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District 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; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements within the District plus each benefit Zone (if applicable) are allocated to the benefiting properties within the District and respective Zones as applicable, using a weighted method of apportionment (refer to Assessment Methodology in Section I I, 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. Thus, each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
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 City Council will by Resolution, order the improvements to be made and confirm the levy and collection of assessments for Fiscal Year 2023/2024 pursuant to the 1972 Act. The assessments as approved will be submitted to the Santa Barbara County 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 2023/2024.
Part I — Plans and Specifications: This section contains a general description of the District, special benefit zones ("Zones"), and the improvements and services that provide special benefits to the parcels within the District. The improvements, appurtenant facilities, and services that provide special benefits to the properties within the District and for which parcels are assessed may include, but not limited to the installation and maintenance of landscaping improvements within the public right-of-way of streets within the District, retention basins, parks, public facilities and related amenities as well as associated operational and incidental expenses, and the collection of fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conjunction with these general descriptions, a visual depiction of the improvements may be provided in the District Diagrams contained in Part IV of this Report. More detailed information regarding the specific -S-
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plans and specifications associated with the District improvements and Zone improvements are on file in the City Engineer's Office and by reference are made part of this Report.
Part 11— Method of Apportionment: This section includes a discussion of the special and general benefits associated with the improvements to be provided within the District (Benefit Analysis). This section of the Report also outlines the basis upon which the estimated costs to provide such improvements has been apportioned to each parcel of land therein in proportion to the special benefits to be received. (the method of calculating each property's proportional special benefit assessment). This method of apportionment is consistent with the previously approved and adopted method of apportionment for the District.
Part III — Estimate of Costs: Identifies the estimated annual funding costs (Budgets) required for the maintenance and operation of the improvements in the District and Zones authorized by the 1972 Act and deemed appropriate to support the improvements, including, but not limited to, annual maintenance and service expenses, utility costs, and related incidental expenses. For fiscal year 2023/2024 annual contract maintenance costs have increased by three percent (3%). Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. In addition to the general benefit costs, the City may provide additional funding to support the maintenance and operation of the improvements considered to be of special benefit, but City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues.
This section also identifies and outlines an Assessment Range Formula (inflationary adjust) previously approved and adopted for the District assessments that provides for an annual adjustment to the maximum assessment rates, which establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.
Part IV — District/Zone Diagrams: This section of the Report contains a series of diagrams showing the boundaries of the District and Zones for Fiscal Year 2023/2024 which incorporate the parcels determined to receive special benefits from the District improvements. These diagrams may also provide a visual depiction of the location of the improvements being maintained. The lines and dimensions of each lot, parcel, and subdivision of land contained in the District and Zone diagrams are inclusive of the parcels listed in "Part V - 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 incorporate 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 and Zones.
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Part V — Assessment Roll: The assessment amounts to be levied and collected in fiscal year 2023/2024 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 Assessment Roll for fiscal year 2023/2024 has been filed electronically with the City Clerk rather than displayed in this Report and by reference the listing of the Assessor's Parcel Numbers and the corresponding assessment amounts are made part of this Report.
Note: If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Engineer's 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 this Engineer's 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. -7-
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PART I - PLANS AND SPECIFICATIONS
The purpose of this District is to provide in part through annual assessments, funding for the installation, operation, and maintenance of landscaping improvements in specified parkways, medians, and roundabouts in the public right-of-way including street trees, and landscaping within specified public areas and public facilities including storm water retention basins that control subdivision water runoff, parks, and easements.
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone therein may incorporate various local landscaping improvements and related amenities that were either installed in direct connection with the development of properties within the District and each respective Zone or were installed for the benefit of those properties resulting from property development or potential development of those properties and are considered necessary elements for the development of such properties to their full and best use and these improvements are maintained and serviced for the special benefit of real property within the District and/or Zones. The work to be performed within the District and each respective Zone 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.
Improvements provided within the District and/or Zone may include but are not limited to landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side -panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and local parks within each respective Zone. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• irrigation and drainage systems;
• structural amenities such as monuments, specialty or ornamental lighting, block walls, retaining walls, or other fencing associated with the landscape areas; • hardscapes including mulch, decomposed granite surfaces, stamped concrete, and pavers; • recreational amenities within parks or greenbelts that may include benches, play structures, picnic or other recreational facilities, signage, and related appurtenances.
The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, removal, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or landscape drainage systems; and repair or replacement of hardscape improvements including sidewalks and recreational amenities. The Recreation and Parks Office shall authorize and schedule such maintenance and servicing as needed and based on available District and/or Zone funding.
Reference is made to the plans and specifications currently on file at the City Engineer's Office relating to the design, recommended materials, and level of maintenance concerning the facilities to be maintained. -8-
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The plans show plant species, size, and their location. Specifications for the improvements comply with the Standard Specifications of the Public Works Department, the 2019 California Building Code, and the Recreation and Parks Department Landscape and Irrigation Standards. For Fiscal Year 2023/2024 the improvements maintained within the District and for which parcels receive special benefits include but is not limited to the following:
NW LANDSCAPE MAINTENANCE DISTRICT No. DS -9
TOTAL SQFT.
Hidden Pines — easement frontage 400-600 Hidden Pines Way 21,011
Oak Valley —Taylor frontage (does not include school); Rancho Verde, Via Establo to Blosser, North Railroad at the 1900 block between Rancho Verde
97,275
and Taylor
Blosser Medians —100 North Blosser Road and 1100 West Main Street 2,392
Villas de la Sara — West Morrison and Oakley Avenue
6,340
Riverside Estates — frontage on Preisker Lane and Hidden Pines Way 8,412
Parkside —frontage on Preisker, parking lot, and playground 9,912
Parkside Basin— grassy basin at Portland Drive and Preisker 20,776
100 West Main Street — median
1,944
Railroad Median -Paved median
600
Cook Street Annex & Fire Station 1
9,945
Bradley Channel Multi -Purpose Trail — from Railroad to Preisker Park -all paved 14,000
Sanchez School — area from black rod iron fence to 3 feet east of the sidewalk on Depot 12,120
Blosser/Donovan Median — on Blosser south -paved median 1,610
Southeast corner of Depot and Morrison
1,500
Downtown medians — Broadway Medians from Fester Street going south to the front of the Library; East and West Cook Street Medians; South Pine Street from Main Street to Cook Street; East Main Street Medians; 100 North McClelland Median; South Miller Medians from main Street to Cook Street
21,022
TCW — mall perimeter, some interior, and Ruffoni parking lot including Heritage Walk 88,352
Total Northwest Landscape Maintenance District No. DS -9 355,715
Zones of Benefit
In accordance with the 1972 Act, this District utilizes Zones to address variations in the nature, location, and extent of improvements that provide special benefits to specific parcels and developments within the District. Each Zone is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Zone.
For Fiscal Year 2023/2024 the District includes two (2) designated Zones. The boundaries of each Zone are based on the improvements to be maintained and the relationship and proximity of the developments and -9-
properties that derive special benefits from those specific improvements. The following is a brief description and summary of the improvements associated within each Zone and for which parcels receive special benefits:
Cherry Blossom Special Benefit Zone
Improvements associated with the Cherry Blossom Special Benefit Zone include landscaped medians, landscaped open space, the park site, and specialty lighting associated with the frontages on Railroad and Hidden pines totaling and estimated 51,900 square feet of improvements.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Zone Assessment for fiscal year 2023/2024 will be $486.02 per assessor parcel number. This Zone assessment is imposed only upon parcels that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Cherry Blossom Special Benefit parcels are also assessed the Northwest Landscape Maintenance District residential assessment of $166.23 per assessment unit as detailed in Method of Apportionment provided in Part 11 of this Report.
North Preisker Ranch Special Benefit Zone
Improvements associated with the North Preisker Ranch Special Benefit Zone include landscaped roundabouts, landscaped medians, landscaped open space, the park site, and specialty lighting associated with the frontages on Atlantic, Blosser (both sides), Canal (both sides), Railroad (up to wall), Boxcar and Caboose, path on Eagleton, both roundabouts and all entry medians totaling and estimated 243,867 square feet of improvements.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The North Preisker Ranch Special Benefit Zone Assessment for fiscal year 2023/2024 will be $341.88 per assessor parcel number. This Zone assessment is imposed only upon parcels that receive a special benefit over and above general benefits provided to other parcels located in the District.
The North Preisker Ranch Special Benefit parcels have both commercial and residential components. These parcels are also assessed either the Northwest Landscape Maintenance District residential assessment of $158.46 per assessment unit or the commercial assessment of $507.03 per APN or tenant space as detailed in the Method of Apportionment provided in Part II of this Report.
Note: A visual depiction of the general location of the landscape improvement areas for the District and Zone boundaries are provided on the District Diagrams provided in Part IV of this Report. -10-
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Part 11 e Method of Apportionment
Legislative Requirements for Assessments
The estimated costs to provide the proposed improvements for Fiscal Year 2023/2024 have been identified and allocated to properties within the District and the Zones therein based on special benefit, consistent with the requirements of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution). The improvements provided by this District and for which properties are assessed are identified as local landscaping improvements in specified parkways, medians, and roundabouts in the public right-of-way including street trees, and landscaping within specified public areas and public facilities including storm water retention basins, parks, easements, and related amenities. The formulas used for calculating assessments and the designation of Zones 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 the improvements based on a determination of the proportional special benefits to each parcel.
Provisions of the 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 landscape 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."
Provisions of the California Constitution
In addition to the provisions of the 1972 Act, the Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:
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."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
Special Benefits
The ongoing maintenance of landscaped areas within the District as addressed in this Report, provide aesthetic benefits to the properties and a more pleasant environment to walk, drive, live, and/or work.
The primary function of these landscape 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 were constructed and installed and/or were facilitated by the development or potential development of properties within the District and each respective Zone. In addition, the District provided landscaping improvements are an integral part of the physical environment associated with the parcels in the District and/or respective Zones and the proportional direct effect that trees, shrubs, and groundcover have on real property within the district including localized wind reduction; erosion control; storm water capture; noise attenuation; visual screening; ultraviolet light and glare reduction; and odor reduction are a direct and particular benefit to the properties in proximity to those improvements.
While some of the improvements may in part be visible to properties outside the District or Zone, collectively if these various improvements are not properly maintained, it is the parcels within the District and/or respective Zone (as may be applicable), that would be aesthetically burdened or environmentally impacted. Additionally, much of the landscaping within the street right-of-way serve as both a physical buffer as well as a sound reduction buffer between the roadways and the properties in the District and serve as a pleasant aesthetic amenity that enhances the approach to the parcels.
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 were primarily installed in connection with the development of properties therein or are improvements that would otherwise be shared by and required for development of properties in the -12-
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District or Zone. It is also evident that the maintenance these improvements and the level of maintenance provided has a direct and particular impact (special benefit) only to 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 no direct quantifiable benefit to the public at large or properties outside the District and/or Zones.
In the absence of a special funding District or Zones, the City would typically be obligated to provide only limited (as needed) tree management, weed abatement, rodent control, and erosion control services for the landscape areas currently maintained within the District. This baseline level of service (general benefit level of service) would most likely provide for periodic servicing of the improvement areas on an as -needed basis to ensure public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways, and potential property damage resulting from erosion or fire hazards. However, this baseline level of service would clearly result in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance provided in the District and funded by the special benefit assessments In addition to the baseline level of service general benefit, 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 associated with the districtwide improvements, including minimization of dust and debris, and air pollution reduction.
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 this Report we assume these types of benefits to be general benefits, albeit general benefits that are extremely difficult to quantify. Therefore, on behalf of all parcels not assessed by a landscape maintenance district, yet deriving some level of general benefit from the District's landscaped improvements, the City has historically and will continue to contribute from the general fund a General Benefit Contribution that equals or exceeds the costs attributable to the baseline general benefit costs and indirect/incidental general benefit costs for the districtwide shared improvement areas as shown in the Estimate of Costs (Part I II of this Report) as the "City General Benefit Contribution". -13-
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Assessment Methodology
To assess benefits equitably it is necessary to calculate each property's proportional share of the special benefits conferred by the funded improvements and service. The method utilized to determine assessments is called the "method of apportionment" or formula of cost spread ("spread formula"). Assessment Units ("AU"), often referred to as the Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The AU or 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 which may include but is not limited to land use and property size.
The method of apportionment originally developed for this District was based on an assessment spread formula appropriate for the various land uses, identifiable property characteristics and improvements within the District and utilizes an assigned number of comparative dwelling units for residential, non-residential, and undeveloped properties.
The majority of parcels within the District are residential parcels and the improvements are maintained to provide a uniform benefit within the boundaries of the District. Therefore, each dwelling unit, whether an apartment or single family residence is given a base value of one (1) unit.
Parcels in other land use categories were then evaluated and rated by comparison with the basic unit.
The assignment of unit values is based primarily on the intensity of land use and its comparison to the base unit. Two unit values have been assigned: a residential efficiency unit, 500 square feet or less, at 50 percent of the residential unit value and a commercial efficiency unit defined at 1200 square feet per commercial charge.
Land Use Classifications
Every parcel within the District is assigned a land use classification based on available parcel information obtained from the County Assessor's Office. It has been determined that a parcel use and size are the appropriate factors necessary to identify and calculate the proportional special benefits conveyed to each property within the District for the cost of improvements associated with that property. The following are typical site land uses described in Title 12 of the Santa Maria Municipal Code and their proposed Assessment Units. This list includes the majority of parcel uses within the City of Santa Maria and is applied in the calculation of the 2023/2024 fiscal year assessments.
A summary of the applied Equivalent Benefit Units (EBUs) for the various land use classifications within the District is shown in the following table:
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LAND USE
ASSESSMENT UNITS
Residential
• Single Family Residential
• Two Family Residential
• Condominium/Townhouse
• Apartment Residential
• Mobile Home Parks
• Efficiency Unit
Commercial
• Small, Single Tenant
• Efficiency Unit > 1,200 SF
• Vacant > 10,000 SF
• Commercial Centers
• Major Shopping Centers
Trade/Services
• Commercial/Professional Office
• Vacant > 25,000 SF
• Mid -Size Office
• Major Office Buildings
• Hospital/Large Medical Offices
Industrial
• Small Industrial
• Vacant > 50,000 SF
• Medium Industrial
• Major Industrial
Exempt
• Open Space/Common Areas, Public Facilities, Parks,
Redevelopment Agency
1 Unit per property
1 Unit per dwelling
1 Unit per dwelling
1 Unit per dwelling
1 Unit per dwelling
.5 Unit per dwelling
1 Unit per property
1 Unit per 1,200 SF
1 Unit per property
4 Units per property
7 Units per property
1 Unit per property
1 Unit per property
4 Units per property
7 Units per property
7 Units per property
1 Unit per property
1 Unit per property
4 Units per property
7 Units per property
0 Units per property
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Part 111 — Estimate of Costs
The following budgets outline the estimated costs to maintain and service the various landscaping improvements described in this Report for Fiscal Year 2023/2024.
The budgeted expenses outlined in the following pages for the District and the Zones therein reflect the estimated annual expenses required to support and maintain the improvements to be provided for fiscal year 2023/2024. The estimated annual expenses provided in the budgets are considered to be appropriate full -service level costs. These full -service expenses, minus the general benefit expenses (Expenses not assessed and identified as the City's financial obligation to support the improvements) result in the amount of funding the property owners should reasonably be assessed to fully fund their proportional special benefit from the improvements to be maintained ("Special Benefit Expenses").
CITY OF SANTA MARIA
NORTHWEST LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. DS -9
ESTIMATED BUDGET
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$71,350
$ 74,850
Contract, Supplies, Renovation
119,746
125,611
Administration
230,816
242,126
Total Expenditures
$421,912
$442,587
ESTIMATED REVENUES
Special Assessment
$312,007
$327,296
City General Benefit Contribution
$109,905
$115,291
Total Revenues
$421,912
$442,587
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CHERRY BLOSSOM SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$25,450
$26,697
Contract, Supplies, Renovation
$27,456
$28,801
Administration
$8,112
$8,510
Total Expenditures
$61,018
7 $64,008
ESTIMATED REVENUES
Special Benefit Assessment
$61,018
$64,008
Total Revenues
$61,018
$64,008
NORTH PREISKER RANCH SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$65,902
$69,132
Contract, Supplies, Renovation
$119,918
$126,744
Administration
$30,714
$32,219
Total Expenditures
$216,534
r
$228,095
ESTIMATED REVENUES
Special Benefit Assessment
$216,534
$228,095
Total Revenues
$216,534
$228,095
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Annual Inflationary Adjustment (Assessment Range Formula) Pursuant to Article XIIID of the California Constitution (Proposition 218), any "new or increased assessments" require certain noticing and balloting requirements. However, Government Code Section 54954.6(a) provides that a "new or increased assessment" does not include "an assessment which 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." This definition of a new or increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.
As previously adopted and approved by the City Council, each fiscal year the maximum assessment rates established for the improvements in the previous fiscal year for the District and each Zone may be adjusted by the percentage increase of the Local Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for the Los Angeles- Riverside -Orange County Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.
Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12 -month period between the current year and of the previous year as of January of each succeeding year. This percentage difference shall then establish the range of increase to the maximum assessment rates allowed. If the percentage change in the CPI is negative, the maximum assessment rates shall not be adjusted from the previous fiscal year (unchanged). Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.
The percentage change in CPI from December 2021 to December 2022 as reported by the U.S. Bureau of Labor Statistics was 4.9 percent. Therefore, the maximum assessment rates for fiscal year 2023/2024 will be increased by 4.9 percent over the maximum assessment rates for fiscal year 2022/2023. -18-
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Part IV — District/Zone Diagrams
The following section contains a series of diagrams showing the boundaries of Santa Maria Landscape Maintenance Assessment District No. DS -9 and the Zones therein for Fiscal Year 2023/2024. In addition to depicting the boundaries of the Zones, the diagrams also provide a visual depiction of the general location of the improvement areas being funded and maintained within the District and Zones. All parcels that will receive a special benefit from the improvements provided within the District and each respective Zone consist of the lots, parcels and subdivisions of land within the boundaries of the District and/or Zones as depicted by these diagrams and the lines and dimensions of those lots, parcels and subdivisions of land shall be those lines and dimensions shown on the Santa Barbara County Assessor's parcel maps for the current fiscal year and by reference the Santa Barbara County Assessor's parcel maps are incorporated herein and made part of this Report. These diagrams along with the Assessment Roll incorporated in Part V of this Report constitute the District Assessment Diagram for Fiscal Year 2023/2024. - 19 -
District Boundary Diagram
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District Improvement Diagram (Southern Section)
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Improvements map
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Cherry Blossom Special Benefit Zone
- 23 -
City of Santa Maria
Special Benefit Zone
Cherry Blossom
_ Parkway/Streetscape/Greenbelt
- Median
- Trail I Walkway/Pathway
_ Cherry Blossom SBZ
North Preisker Ranch Special Benefit Zone
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City of Santa Maria
Special Benefit Zone
N. Preisker Ranch
Pa rkw aylStreetsca pelGreen be tt
- Median
Park/ Playground
N. Preisker Ranch SBZ
Part V - Assessment Rolls
Due to the number of parcels in the District, the Assessment Roll for fiscal year 2023/2024 (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 identified the parcels within the District that are assessed for special benefits and their corresponding assessment amount(s) for fiscal year 2023/2024. 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 2023/2024. - 25 -
cIW.!)FLNTA mARAIL\
Annual Engineer's Report
Fiscal Year 2023/2024
Northeast Landscape Maintenance Assessment District No. DS -10 Incorporating Special Benefit Zones:
• Rivergate Roemer
• Suey and Donovan
• Donovan Estates
• La Ventana
Intent Meeting: June 20, 2023
Public Hearing: July 18, 2023
City of Santa Maria
110 E. Cook Street
Santa Maria, CA 93454
Prepared by: Neville Smeda, Business Program Leader
Pont I tiQ of AA')
ENGINEER'S REPORT AFFIDAVIT
This Report and the enclosed descriptions, budgets and diagram outline the proposed improvements and assessments for Landscape Maintenance Assessment District No. DS -10 in the City of Santa Maria for Fiscal Year 2023/2024, which includes each lot, parcel, and subdivision of land within said District, as the same existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Santa Barbara County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this t % day of
By:
4 David Beas, PE# 56437
2023.
-2-
Table of Contents
INTRODUCTION - 4 -
Report Content and Annual Proceedings - 4 -
PART1— PLANS AND SPECIFICATIONS - 8 -
Zones of Benefit 10 -
Part II — Method of Apportionment 13 -
Benefit Analysis 14 -
Assessment Methodology 16 -
Part III — Estimate of Costs 18 -
Annual Inflationary Adjustment (Assessment Range Formula) - 21 - Part IV — District/Zone Diagrams 22 -
District Boundary Diagram - 23 -
District Improvement Diagram (Northern Section) 24 -
District Improvement Diagram (Southern Section) 25 -
Suey and Donovan Special Benefit Zone 26 -
Rivergate Roemer Special Benefit Zone 27 -
Donovan Estates Special Benefit Zone 28 -
La Ventana Special Benefit Zone 29 -
Part V - Assessment Rolls 30 -
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INTRODUCTION
The City of Santa Maria ("City"), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ("1972 Act") and in accordance with the provisions of the California State Constitution, Article XIIID ("California Constitution") annually levies and collects special assessments for the City's maintenance assessment district designated as Northeast Landscape Maintenance Assessment District No. DS -10 (hereafter referred to as "District") to fund in whole or in part the maintenance and operation of landscaping improvements that provide special benefits to properties within the District.
The City Council on May 2, 1989, established the formation of the Northeast Landscape Maintenance District No. DS -10 for the purpose of financing the continued maintenance of the landscaping within the northeast quadrant of the City.
In accordance with the 1972 Act, the District also utilizes special benefit zones ("Zones") to address variations in the nature, location, and extent of the improvements that provide special benefits to specific parcels and developments within the District. Within the boundaries of the District, some parcels may be assigned to a special benefit zone, each of which is associated with specific improvements that provide special benefit to properties within that Zone that are in addition to the improvements proportionally shared by properties throughout the District.
For Fiscal Year 2023/2024 in addition to the shared District improvements and assessments, parcels within the following Zones may be assessed for local improvements specific to the parcels and developments within each respective Zone:
• Suey and Donovan Special Benefit Zone,
• Rivergate Roemer Special Benefit Zone,
• Donovan Estates Special Benefit Zone,
• La Ventana Special Benefit Zone,
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 2023/2024. This Report outlines the District improvements, the special benefit zones, the method of apportionment, and 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 2023/2024. The annual assessments to be levied on properties within the District provide a source of funding to fund in whole or in part, the continued operation and maintenance of the landscaping improvements and services to be provided by the District for the properties within the District and specified Zones for which the properties receive special benefits. -4-
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Each fiscal year, the City establishes the District's assessments based on an estimate of the costs to maintain, operate and service the authorized District improvements and based upon available revenues including assessment revenues, fund balances, general benefit contributions and any additional City contributions from available sources. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District 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; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements within the District plus each benefit Zone (if applicable) are allocated to the benefiting properties within the District and respective Zones as applicable, using a weighted method of apportionment (refer to Assessment Methodology in Section I I, 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. Thus, each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
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 City Council will by Resolution, order the improvements to be made and confirm the levy and collection of assessments for Fiscal Year 2023/2024 pursuant to the 1972 Act. The assessments as approved will be submitted to the Santa Barbara County 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 2023/2024.
Part I — Plans and Specifications: This section contains a general description of the District, special benefit zones ("Zones"), and the improvements and services that provide special benefits to the parcels within the District. The improvements, appurtenant facilities, and services that provide special benefits to the properties within the District and for which parcels are assessed may include, but not limited to the installation and maintenance of landscaping improvements within the public right-of-way of streets within the District, retention basins, parks, public facilities and related amenities as well as associated operational and incidental expenses, and the collection of fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In -5-
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conjunction with these general descriptions, a visual depiction of the improvements may be provided in the District Diagrams contained in Part IV of this Report. More detailed information regarding the specific plans and specifications associated with the District improvements and Zone improvements are on file in the City Engineer's Office and by reference are made part of this Report.
Part 11— Method of Apportionment: This section includes a discussion of the special and general benefits associated with the improvements to be provided within the District (Benefit Analysis). This section of the Report also outlines the basis upon which the estimated costs to provide such improvements has been apportioned to each parcel of land therein in proportion to the special benefits to be received. (the method of calculating each property's proportional special benefit assessment). This method of apportionment is consistent with the previously approved and adopted method of apportionment for the District.
Part 111 — Estimate of Costs: Identifies the estimated annual funding costs (Budgets) required for the maintenance and operation of the improvements in the District and Zones authorized by the 1972 Act and deemed appropriate to support the improvements, including, but not limited to, annual maintenance and service expenses, utility costs, and related incidental expenses. For fiscal year 2023/2024 annual contract maintenance costs have increased by three percent (3%). Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. In addition to the general benefit costs, the City may provide additional funding to support the maintenance and operation of the improvements considered to be of special benefit, but City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues.
This section also identifies and outlines an Assessment Range Formula (inflationary adjust) previously approved and adopted for the District assessments that provides for an annual adjustment to the maximum assessment rates, which establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.
Part IV — District/Zone Diagrams: This section of the Report contains a series of diagrams showing the boundaries of the District and Zones for Fiscal Year 2023/2024 which incorporate the parcels determined to receive special benefits from the District improvements. These diagrams may also provide a visual depiction of the location of the improvements being maintained. The lines and dimensions of each lot, parcel, and subdivision of land contained in the District and Zone diagrams are inclusive of the parcels listed in "Part V - 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 incorporate 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 and Zones.
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Part V — Assessment Roll: The assessment amounts to be levied and collected in fiscal year 2023/2024 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 Assessment Roll for fiscal year 2023/2024 has been filed electronically with the City Clerk rather than displayed in this Report and by reference the listing of the Assessor's Parcel Numbers and the corresponding assessment amounts are made part of this Report.
Note: If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Engineer's 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 this Engineer's 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. -7-
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PART I - PLANS AND SPECIFICATIONS
The purpose of this District is to provide in part through annual assessments, funding for the installation, operation, and maintenance of landscaping improvements in specified parkways, medians, and roundabouts in the public right-of-way including street trees, and landscaping within specified public areas and public facilities including storm water retention basins that control subdivision water runoff, parks, and easements.
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone therein may incorporate various local landscaping improvements and related amenities that were either installed in direct connection with the development of properties within the District and each respective Zone or were installed for the benefit of those properties resulting from property development or potential development of those properties and are considered necessary elements for the development of such properties to their full and best use and these improvements are maintained and serviced for the special benefit of real property within the District and/or Zones. The work to be performed within the District and each respective Zone 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.
Improvements provided within the District and/or Zone may include but are not limited to landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side -panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and local parks within each respective Zone. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• irrigation and drainage systems;
• structural amenities such as monuments, specialty or ornamental lighting, block walls, retaining walls, or other fencing associated with the landscape areas; • hardscapes including mulch, decomposed granite surfaces, stamped concrete, and pavers; • recreational amenities within parks or greenbelts that may include benches, play structures, picnic or other recreational facilities, signage, and related appurtenances.
The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, removal, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or landscape drainage systems; and repair or replacement of hardscape improvements including sidewalks and recreational amenities. The Recreation and Parks Office shall authorize and schedule such maintenance and servicing as needed and based on available District and/or Zone funding.
Reference is made to the plans and specifications currently on file at the City Engineer's Office relating to the design, recommended materials, and level of maintenance concerning the facilities to be maintained. -8-
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The plans show plant species, size, and their location. Specifications for the improvements comply with the Standard Specifications of the Public Works Department, the 2019 California Building Code, and the Recreation and Parks Department Landscape and Irrigation Standards. For Fiscal Year 2023/2024 the improvements maintained within the District and for which parcels receive special benefits include but is not limited to the following:
NE LANDSCAPE MAINTENANCE DISTRICT No. DS -10
TOTAL SQFT.
Emerald Park —Shrubs on College near Donovan
8,893
Emerald Basin — Grassy basin on College near Donovan
11,547
Donovan Medians
9,504
Riverside Terrace —1800 block of Bayview Drive, open space on Seaward and around Basin on Kathryn
134,777
Riverside Basin — Grassy basin on Kathryn
24,686
Shields/Cochiolo —1600 block Suey Road - frontage on Suey and Donovan, frontage on Antone and Floyd Court
61,476
Suey Basin — Grassy basin on Suey near Antone
14,774
Sierra Vista —frontage on Panther and Centennial, basin at the corner of Panther and Centennial and the breezeway off Mammoth
40,000
Rowland Estates —Shrubs and playground.
12,332
Rowland Basin — includes weedy basin
4,656
Canyon Homes —1400 East Donovan Road entrance
3,764
Olive Garden —1200 South Bradley median
2,900
Hancock College — 800 South Bradley median
3,064
Bradley Easement — south of Main Street to Jones Street 14,718
Transit Center
70,993
Hancock Terrace Bike Path -Miller to College
30,000
800 E Jones median -Paved island
462
Pepper Tree Medians— north of Donovan Road on Broadway
3,456
Stowell Road Easement — east of Miller Street
13,492
Alvin Overpass
59,513
North Bradley Ivy— Fester Junior High easement area
15,493
Donovan/Miller Median
10,310
Via Rubio —Jewel Street only
4,836
Donovan Overpass
67,751
Pepperwood Median
1,819
East Main Street & 101 -weedy shoulders
7,301
Bradley at Elks
22,310
Downtown medians — Broadway Medians from Fester Street going south to the front of the Library; East and West Cook Street Medians; South Pine Street from Main Street to Cook Street; East Main Street Medians; 100 North McClelland Median; South Miller Medians from Main Street to Cook Street
21,022
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TCE - mall perimeter includes bus turnout, theater, Macy's parking lot and pocket park at Main & Broadway
186,393
Fire Station # 5
32,997
Total Northeast Landscape Maintenance District No. DS -10 895,239
Zones of Benefit
In accordance with the 1972 Act, this District utilizes Zones to address variations in the nature, location, and extent of improvements that provide special benefits to specific parcels and developments within the District. Each Zone is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Zone.
For Fiscal Year 2023/2024 the District includes four (4) designated Zones. The boundaries of each Zone are based on the improvements to be maintained and the relationship and proximity of the developments and properties that derive special benefits from those specific improvements. The following is a brief description and summary of the improvements associated within each Zone and for which parcels receive special benefits:
Suey and Donovan Special Benefit Zone
Improvements associated with the Suey and Donovan Special Benefit Zone include the landscaped medians on Donavan between Suey and Suey Crossing totaling an estimated 33,725 square feet of which 40 percent is hardscape (13,490 square feet) and 60 percent is irrigated turf, trees, and shrubs (20,235 square feet).
Maintenance costs include labor, equipment, plant materials and supplies, renovation, utility costs, and District administration. The Suey and Donovan Special Benefit Zone Assessment for fiscal year 2023/2024 will be $286.40 per dwelling unit. This Zone assessment is imposed only upon parcels that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Suey and Donovan Special Benefit parcels are also assessed the Northeast Landscape Maintenance District residential assessment of $284.40 per assessment unit or the commercial assessment of $708.50 per APN or tenant space as detailed in Method of Apportionment provided in Part 11 of this Report.
Rivergate Roemer Special Benefit Zone
The developments in the Rivergate Roemer Special Benefit Zone include College Estates 1 and II, Princess Estates I, II and III, and River Oaks North. Improvements for the Rivergate Roemer Special Benefit Zone include the landscaped medians, landscaped open space, the park site/basin, and specialty lighting associated with the medians and frontage easements of River Oaks North, College Estates, and Princess - 10 -
Estates including Seaward, Paden, Carlotti, Borges, the Bradley Channel, and the walled area behind the homes on Mariah totaling an estimated 163,936 square feet of improvement area.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Rivergate Roemer Special Benefit Zone Assessment will be $251.09 per parcel for fiscal year 2023/2024. This Zone assessment is imposed only upon parcels that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Rivergate Roemer Special Benefit parcels are also assessed the Northeast Landscape Maintenance District residential assessment of $286.40 per assessment unit or the commercial assessment of $708.50 per APN or tenant space as detailed in Method of Apportionment provided in Part 11 of this Report.
Donovan Estates Special Benefit Zone
The improvements that are associated with the Donovan Estates Special Benefit Zone include the public easement areas along Donovan Road frontage (25,586 square feet), the park site and retardation basin (11,652 square feet) collectively totaling an estimated 37,238 square feet of improvements that includes the maintenance of the tot lot, street trees, and anti -graffiti measures as necessary.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Donovan Estates Special Benefit Zone Assessment will be $315.43 per parcel for fiscal year 2023/2024. This Zone assessment is imposed only upon parcels that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Donovan Estates Special Benefit Zone parcels are also assessed the Northeast Landscape Maintenance District residential assessment of $286.40 per assessment unit as detailed in Method of Apportionment provided in Part 11 of this Report.
La Ventana Special Benefit Zone
The developments in this zone include La Ventana and Legacy. The improvements that are associated with La Ventana Special Benefit Zone include the public easement frontage areas along Main Street and Panther Drive to Willingham, Dressler, interior street enhancements and shrub portion of basin (106,042 square feet) and the weedy portion of the retention basin (45,112 square feet) collectively totaling an estimated 151,154 square feet of improvements that includes the maintenance of specialty lighting, street trees, and anti -graffiti measures as necessary.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The La Ventana Special Benefit Zone Assessment for fiscal year 2023/2024 will be $445.71 per assessor parcel number. This Zone assessment is imposed only upon parcels that receive a special benefit over and above general benefits provided to other parcels located in the District.
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The La Ventana Special Benefit Zone parcels are also assessed the Northeast Landscape Maintenance District residential assessment of $286.40 per assessment unit or tenant space as detailed in Method of Apportionment provided in Part II of this Report.
Note: A visual depiction of the general location of the landscape improvement areas for the District and Zone boundaries are provided on the District Diagrams provided in Part IV of this Report. - 12 -
Part 11 e Method of Apportionment
Legislative Requirements for Assessments
The estimated costs to provide the proposed improvements for Fiscal Year 2023/2024 have been identified and allocated to properties within the District and the Zones therein based on special benefit, consistent with the requirements of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution). The improvements provided by this District and for which properties are assessed are identified as local landscaping improvements in specified parkways, medians, and roundabouts in the public right-of-way including street trees, and landscaping within specified public areas and public facilities including storm water retention basins, parks, easements, and related amenities. The formulas used for calculating assessments and the designation of Zones 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 the improvements based on a determination of the proportional special benefits to each parcel.
Provisions of the 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 landscape 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."
Provisions of the California Constitution
In addition to the provisions of the 1972 Act, the Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:
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"; - 13 -
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."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
Special Benefits
The ongoing maintenance of landscaped areas within the District as addressed in this Report, provide aesthetic benefits to the properties and a more pleasant environment to walk, drive, live, and/or work.
The primary function of these landscape 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 were constructed and installed and/or were facilitated by the development or potential development of properties within the District and each respective Zone. In addition, the District provided landscaping improvements are an integral part of the physical environment associated with the parcels in the District and/or respective Zones and the proportional direct effect that trees, shrubs, and groundcover have on real property within the district including localized wind reduction; erosion control; storm water capture; noise attenuation; visual screening; ultraviolet light and glare reduction; and odor reduction are a direct and particular benefit to the properties in proximity to those improvements.
While some of the improvements may in part be visible to properties outside the District or Zone, collectively if these various improvements are not properly maintained, it is the parcels within the District and/or respective Zone (as may be applicable), that would be aesthetically burdened or environmentally impacted. Additionally, much of the landscaping within the street right-of-way serve as both a physical buffer as well as a sound reduction buffer between the roadways and the properties in the District and serve as a pleasant aesthetic amenity that enhances the approach to the parcels.
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 were primarily installed in connection with the development of properties therein or are improvements that would otherwise be shared by and required for development of properties in the -14-
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District or Zone. It is also evident that the maintenance these improvements and the level of maintenance provided has a direct and particular impact (special benefit) only to 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 no direct quantifiable benefit to the public at large or properties outside the District and/or Zones.
In the absence of a special funding District or Zones, the City would typically be obligated to provide only limited (as needed) tree management, weed abatement, rodent control, and erosion control services for the landscape areas currently maintained within the District. This baseline level of service (general benefit level of service) would most likely provide for periodic servicing of the improvement areas on an as -needed basis to ensure public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways, and potential property damage resulting from erosion or fire hazards. However, this baseline level of service would clearly result in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance provided in the District and funded by the special benefit assessments In addition to the baseline level of service general benefit, 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 associated with the districtwide improvements, including minimization of dust and debris, and air pollution reduction.
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 this Report we assume these types of benefits to be general benefits, albeit general benefits that are extremely difficult to quantify. Therefore, on behalf of all parcels not assessed by a landscape maintenance district, yet deriving some level of general benefit from the District's landscaped improvements, the City has historically and will continue to contribute from the general fund a General Benefit Contribution that equals or exceeds the costs attributable to the baseline general benefit costs and indirect/incidental general benefit costs for the districtwide shared improvement areas as shown in the Estimate of Costs (Part I II of this Report) as the "City General Benefit Contribution". -15-
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Assessment Methodology
To assess benefits equitably it is necessary to calculate each property's proportional share of the special benefits conferred by the funded improvements and service. The method utilized to determine assessments is called the "method of apportionment" or formula of cost spread ("spread formula"). Assessment Units ("AU"), often referred to as the Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The AU or 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 which may include but is not limited to land use and property size.
The method of apportionment originally developed for this District was based on an assessment spread formula appropriate for the various land uses, identifiable property characteristics and improvements within the District and utilizes an assigned number of comparative dwelling units for residential, non-residential, and undeveloped properties.
The majority of parcels within the District are residential parcels and the improvements are maintained to provide a uniform benefit within the boundaries of the District. Therefore, each dwelling unit, whether an apartment or single family residence is given a base value of one (1) unit.
Parcels in other land use categories were then evaluated and rated by comparison with the basic unit.
The assignment of unit values is based primarily on the intensity of land use and its comparison to the base unit. Two unit values have been assigned: a residential efficiency unit, 500 square feet or less, at 50 percent of the residential unit value and a commercial efficiency unit defined at 1200 square feet per commercial charge.
Land Use Classifications
Every parcel within the District is assigned a land use classification based on available parcel information obtained from the County Assessor's Office. It has been determined that a parcel use and size are the appropriate factors necessary to identify and calculate the proportional special benefits conveyed to each property within the District for the cost of improvements associated with that property. The following are typical site land uses described in Title 12 of the Santa Maria Municipal Code and their proposed Assessment Units. This list includes the majority of parcel uses within the City of Santa Maria and is applied in the calculation of the 2023/2024 fiscal year assessments.
A summary of the applied Equivalent Benefit Units (EBUs) for the various land use classifications within the District is shown in the following table:
- 16 -
LAND USE
ASSESSMENT UNITS
Residential
• Single Family Residential
• Two Family Residential
• Condominium/Townhouse
• Apartment Residential
• Mobile Home Parks
• Efficiency Unit
Commercial
• Small, Single Tenant
• Efficiency Unit > 1,200 SF
• Vacant > 10,000 SF
• Commercial Centers
• Major Shopping Centers
Trade/Services
• Commercial/Professional Office
• Vacant > 25,000 SF
• Mid -Size Office
• Major Office Buildings
• Hospital/Large Medical Offices
Industrial
• Small Industrial
• Vacant > 50,000 SF
• Medium Industrial
• Major Industrial
Exempt
• Open Space/Common Areas, Public Facilities, Parks,
Redevelopment Agency
1 Unit per property
1 Unit per dwelling
1 Unit per dwelling
1 Unit per dwelling
1 Unit per dwelling
.5 Unit per dwelling
1 Unit per property
1 Unit per 1,200 SF
1 Unit per property
4 Units per property
7 Units per property
1 Unit per property
1 Unit per property
4 Units per property
7 Units per property
7 Units per property
1 Unit per property
1 Unit per property
4 Units per property
7 Units per property
0 Units per property
- 17 -
Part 111 — Estimate of Costs
The following budgets outline the estimated costs to maintain and service the various landscaping improvements described in this Report for Fiscal Year 2023/2024.
The budgeted expenses outlined in the following pages for the District and the Zones therein reflect the estimated annual expenses required to support and maintain the improvements to be provided for fiscal year 2023/2024. The estimated annual expenses provided in the budgets are considered to be appropriate full -service level costs. These full -service expenses, minus the general benefit expenses (Expenses not assessed and identified as the City's financial obligation to support the improvements) result in the amount of funding the property owners should reasonably be assessed to fully fund their proportional special benefit from the improvements to be maintained ("Special Benefit Expenses").
CITY OF SANTA MARIA
NORTHEAST LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. DS -10
ESTIMATED BUDGET
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$108,500
$113,817
Contract, Supplies, Renovation
$292,486
$282,758
Administration
$278,000
$291,622
Total Expenditures
$678,986
$688,197
ESTIMATED REVENUES
Special Assessment
$490,238
490,200
City General Benefit Contribution
$188,748
$197,997
Total Revenues
$678,986
$688,197
- 18 -
SUEY AND DONOVAN SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$0
$0
Contract, Supplies, Renovation
$5,942
$6,215
Administration
$2,634
$2,764
Total Expenditures
$8,576
$8,979
ESTIMATED REVENUES
Special Benefit Assessment
$8,576
$8,979
Total Revenues
$8,576
$8,979
RIVERGATE ROEMER SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$28,450
$29,844
Contract, Supplies, Renovation
$58,596
$64,529
Administration
$15,832
$16,608
Total Expenditures
$102,878
$110,981
ESTIMATED REVENUES
Special Benefit Assessment
$102,878
$110,981
Total Revenues
$102,878
$110,981
DONOVAN ESTATES SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$250
$263
Contract, Supplies, Renovation
$13,421
$14,045
Administration
$2,597
$2,725
Total Expenditures
$16,268
$17,033
ESTIMATED REVENUES
Special Benefit Assessment
$16,268
$17,033
Total Revenues
$16,268
$17,033
- 19 -
LA VENTANA SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$10,750
$11,277
Contract, Supplies, Renovation
$72,420
$76,666
Administration
$15,163
$15,906
Total Expenditures
$98,333
$103,849
ESTIMATED REVENUES
Special Benefit Assessment
$98,333
$103,849
Total Revenues
$98,333
$103,849
- 20 -
Annual Inflationary Adjustment (Assessment Range Formula) Pursuant to Article XIIID of the California Constitution (Proposition 218), any "new or increased assessments" require certain noticing and balloting requirements. However, Government Code Section 54954.6(a) provides that a "new or increased assessment" does not include "an assessment which 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." This definition of a new or increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.
As previously adopted and approved by the City Council, each fiscal year the maximum assessment rates established for the improvements in the previous fiscal year for the District and each Zone may be adjusted by the percentage increase of the Local Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for the Los Angeles- Riverside -Orange County Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.
Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12 -month period between the current year and of the previous year as of January of each succeeding year. This percentage difference shall then establish the range of increase to the maximum assessment rates allowed. If the percentage change in the CPI is negative, the maximum assessment rates shall not be adjusted from the previous fiscal year (unchanged). Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.
The percentage change in CPI from December 2021 to December 2022 as reported by the U.S. Bureau of Labor Statistics was 4.9 percent. Therefore, the maximum assessment rates for fiscal year 2023/2024 will be increased by 4.9 percent over the maximum assessment rates for fiscal year 2022/2023. -21-
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Part IV — District/Zone Diagrams
The following section contains a series of diagrams showing the boundaries of Santa Maria Landscape Maintenance Assessment District No. DS -10 and the Zones therein for Fiscal Year 2023/2024. In addition to depicting the boundaries of the Zones, the diagrams also provide a visual depiction of the general location of the improvement areas being funded and maintained within the District and Zones. All parcels that will receive a special benefit from the improvements provided within the District and each respective Zone consist of the lots, parcels and subdivisions of land within the boundaries of the District and/or Zones as depicted by these diagrams and the lines and dimensions of those lots, parcels and subdivisions of land shall be those lines and dimensions shown on the Santa Barbara County Assessor's parcel maps for the current fiscal year and by reference the Santa Barbara County Assessor's parcel maps are incorporated herein and made part of this Report. These diagrams along with the Assessment Roll incorporated in Part V of this Report constitute the District Assessment Diagram for Fiscal Year 2023/2024. - 22 -
District Boundary Diagram
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Streets
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Special Benefit Zones
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- Rivergate/Roemer
Suey/Donovan SBZ
-23-
District Improvement Diagram (Northern Section)
SANTA MARIA
NE DISTRICT - North Section
Improvements map
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-24-
District Improvement Diagram (Southern Section)
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- 25 -
Suey and Donovan Special Benefit Zone
- 26 -
City of Santa Maria
Special Benefit Zone
Suey/Donovan
Median
Suey/Donovan SBZ SBZ
Rivergate Roemer Special Benefit Zone
- 27 -
City of Santa Maria
Special Benefit Zone
Rivergate/Roemer
Parkway/Slreetscape/Greenbelt
_ Median
Park/ Playground
Trail / Walkway/Pathway
Roads/Parking
Drainage Channel/Basin
Rivergate/Roemer SBZ
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- 28 -
City of Santa Maria
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- 29 -
Part V - Assessment Rolls
Due to the number of parcels in the District, the Assessment Roll for fiscal year 2023/2024 (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 identified the parcels within the District that are assessed for special benefits and their corresponding assessment amount(s) for fiscal year 2023/2024. 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 2023/2024. - 30 -
F S
Annual Engineer's Report
Fiscal Year 2023/2024
Southeast South Miller and South College Drive Landscape Maintenance Assessment District No. DS -6
Incorporating Special Benefit Zones:
• Crossroads Commercial
• Crossroads Residential
• Bradley Square
• Enos Ranch Commercial
• Enos Ranch Residential
Intent Meeting: June 20, 2023
Public Hearing: July 18, 2023
City of Santa Maria
110 E. Cook Street
Santa Maria, CA 93454
Prepared by: Neville Smeda, Business Program Leader
ENGINEER'S REPORT AFFIDAVIT
This Report and the enclosed descriptions, budgets and diagram outline the proposed improvements and assessments for Landscape Maintenance Assessment District No. DS -6 in the City of Santa Maria for Fiscal Year 2023/2024, which includes each lot, parcel, and subdivision of land within said District, as the same existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Santa Barbara County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this
By:
day of
David Beas, PE# 56437
-2-
Table of Contents
INTRODUCTION - 4 -
Report Content and Annual Proceedings - 4 -
PART I — PLANS AND SPECIFICATIONS - 8 -
Zones of Benefit 10 -
Part II — Method of Apportionment 13 -
Benefit Analysis 14 -
Assessment Methodology 16 -
Part III — Estimate of Costs 18 -
Annual Inflationary Adjustment (Assessment Range Formula) 21 - Part IV — District/Zone Diagrams 22 -
District Boundary Diagram 23 -
District Improvement Diagram (Northern Section) 24 -
District Improvement Diagram (Southern Section) 25 -
Crossroads Commercial Special Benefit Zone 26 -
Crossroads Residential Special Benefit Zone 27 -
Bradley Square Special Benefit Zone 28 -
Enos Ranch Commercial and Residential Special Benefit Zone 29 - Part V - Assessment Rolls 30 -
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INTRODUCTION
The City of Santa Maria ("City"), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ("1972 Act") and in accordance with the provisions of the California State Constitution, Article XIIID ("California Constitution") annually levies and collects special assessments for the City's maintenance assessment district designated as Southeast South Miller Street and College Drive Landscape Maintenance Assessment District No. DS -6 (hereafter referred to as "District") to fund in whole or in part the maintenance and operation of landscaping improvements that provide special benefits to properties within the District.
The City Council on August 4, 1981, established the formation of the Southeast South Miller Street and South College Drive Landscape Maintenance District No. DS -6 for the purpose of financing the continued maintenance of the landscaping within the southeast quadrant of the City.
In accordance with the 1972 Act, the District also utilizes special benefit zones ("Zones") to address variations in the nature, location, and extent of the improvements that provide special benefits to specific parcels and developments within the District. Within the boundaries of the District, some parcels may be assigned to a special benefit zone, each of which is associated with specific improvements that provide special benefit to properties within that Zone that are in addition to the improvements proportionally shared by properties throughout the District.
For Fiscal Year 2023/2024 in addition to the shared District improvements and assessments, parcels within the following Zones may be assessed for local improvements specific to the parcels and developments within each respective Zone:
• Crossroads Commercial Special Benefit Zone,
• Crossroads Residential Special Benefit Zone,
• Bradley Square Special Benefit Zone,
• Enos Ranch Commercial Special Benefit Zone,
• Enos Ranch Residential Special Benefit Zone,
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 2023/2024. This Report outlines the District improvements, the special benefit zones, the method of apportionment, and 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 2023/2024. The annual assessments to be levied on properties within the District provide a source of funding to fund in whole or in part, the continued -4-
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operation and maintenance of the landscaping improvements and services to be provided by the District for the properties within the District and specified Zones for which the properties receive special benefits.
Each fiscal year, the City establishes the District's assessments based on an estimate of the costs to maintain, operate and service the authorized District improvements and based upon available revenues including assessment revenues, fund balances, general benefit contributions and any additional City contributions from available sources. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District 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; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements within the District plus each benefit Zone (if applicable) are allocated to the benefiting properties within the District and respective Zones as applicable, using a weighted method of apportionment (refer to Assessment Methodology in Section I I, 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. Thus, each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
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 City Council will by Resolution, order the improvements to be made and confirm the levy and collection of assessments for Fiscal Year 2023/2024 pursuant to the 1972 Act. The assessments as approved will be submitted to the Santa Barbara County 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 2023/2024.
Part I — Plans and Specifications: This section contains a general description of the District, special benefit zones ("Zones"), and the improvements and services that provide special benefits to the parcels within the District. The improvements, appurtenant facilities, and services that provide special benefits to the properties within the District and for which parcels are assessed may include, but not limited to the installation and maintenance of landscaping improvements within the public right-of-way of streets within -5-
the District, retention basins, parks, public facilities and related amenities as well as associated operational and incidental expenses, and the collection of fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conjunction with these general descriptions, a visual depiction of the improvements may be provided in the District Diagrams contained in Part IV of this Report. More detailed information regarding the specific plans and specifications associated with the District improvements and Zone improvements are on file in the City Engineer's Office and by reference are made part of this Report.
Part II — Method of Apportionment: This section includes a discussion of the special and general benefits associated with the improvements to be provided within the District (Benefit Analysis). This section of the Report also outlines the basis upon which the estimated costs to provide such improvements has been apportioned to each parcel of land therein in proportion to the special benefits to be received. (the method of calculating each property's proportional special benefit assessment). This method of apportionment is consistent with the previously approved and adopted method of apportionment for the District.
Part II I — Estimate of Costs: Identifies the estimated annual funding costs (Budgets) required for the maintenance and operation of the improvements in the District and Zones authorized by the 1972 Act and deemed appropriate to support the improvements, including, but not limited to, annual maintenance and service expenses, utility costs, and related incidental expenses. For fiscal year 2023/2024 annual contract maintenance costs have increased by three percent (3%). Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. In addition to the general benefit costs, the City may provide additional funding to support the maintenance and operation of the improvements considered to be of special benefit, but City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues.
This section also identifies and outlines an Assessment Range Formula (inflationary adjust) previously approved and adopted for the District assessments that provides for an annual adjustment to the maximum assessment rates, which establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.
Part IV — District/Zone Diagrams: This section of the Report contains a series of diagrams showing the boundaries of the District and Zones for Fiscal Year 2023/2024 which incorporate the parcels determined to receive special benefits from the District improvements. These diagrams may also provide a visual depiction of the location of the improvements being maintained. The lines and dimensions of each lot, parcel, and subdivision of land contained in the District and Zone diagrams are inclusive of the parcels listed in "Part V - 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 incorporate all subsequent subdivisions, lot -line adjustments, or parcel changes therein. Reference is hereby made to the Santa -6-
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Barbara County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District and Zones.
Part V — Assessment Roll: The assessment amounts to be levied and collected in fiscal year 2023/2024 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 Assessment Roll for fiscal year 2023/2024 has been filed electronically with the City Clerk rather than displayed in this Report and by reference the listing of the Assessor's Parcel Numbers and the corresponding assessment amounts are made part of this Report.
Note: If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Engineer's 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 this Engineer's 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. -7-
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PART I - PLANS AND SPECIFICATIONS
The purpose of this District is to provide in part through annual assessments, funding for the installation, operation, and maintenance of landscaping improvements in specified parkways, medians, and roundabouts in the public right-of-way including street trees, and landscaping within specified public areas and public facilities including storm water retention basins that control subdivision water runoff, parks, and easements.
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone therein may incorporate various local landscaping improvements and related amenities that were either installed in direct connection with the development of properties within the District and each respective Zone or were installed for the benefit of those properties resulting from property development or potential development of those properties and are considered necessary elements for the development of such properties to their full and best use and these improvements are maintained and serviced for the special benefit of real property within the District and/or Zones. The work to be performed within the District and each respective Zone 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.
Improvements provided within the District and/or Zone may include but are not limited to landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side -panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and local parks within each respective Zone. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• irrigation and drainage systems;
• structural amenities such as monuments, specialty or ornamental lighting, block walls, retaining walls, or other fencing associated with the landscape areas; • hardscapes including mulch, decomposed granite surfaces, stamped concrete, and pavers; • recreational amenities within parks or greenbelts that may include benches, play structures, picnic or other recreational facilities, signage, and related appurtenances.
The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, removal, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or landscape drainage systems; and repair or replacement of hardscape improvements including sidewalks and recreational amenities. The Recreation and Parks Office shall authorize and schedule such maintenance and servicing as needed and based on available District and/or Zone funding.
Reference is made to the plans and specifications currently on file at the City Engineer's Office relating to the design, recommended materials, and level of maintenance concerning the facilities to be maintained. -8-
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The plans show plant species, size, and their location. Specifications for the improvements comply with the Standard Specifications of the Public Works Department, the 2019 California Building Code, and the Recreation and Parks Department Landscape and Irrigation Standards. For Fiscal Year 2023/2024 the improvements maintained within the District and for which parcels receive special benefits include but is not limited to the following:
SE LANDSCAPE MAINTENANCE DISTRICT No. DS -6
TOTAL SQFT.
Miller Medians — all medians south of Stowell Road
48,441
Lincoln Oaks —1400 to 1500 South Miller on west side going south on Miller Street 98,885
Arbor Ridge —1500 South Miller on west side going south on Miller Street to Battles Road 13,649
Newlove Frontage —South Miller east and west side from Battles to Newlove Lane and behind fence
41,040
Las Palmas— 1800 South Miller on west side going south on Miller Street from south of Newlove to corner of Inger Street
10,821
Driftwood Gardens —1400 and 1500 South Miller easements and vines on Battles 21,576
Driftwood Gardens Basin —at Enos and Miller
72,071
Driftwood Meadows —1800 and 1900 South Miller easements from Inger to Daniels on east side of Miller Street and basin on Inger
26,664
Driftwood Meadows Basin —at Inger and Miller
53,800
Celebration -1900 South Miller easements from Inger to Daniels on west side of Miller Street 1,460
First Christian Church —1500 South College median by cemetery 6,731
Toys R Us & Edwards —1400 to 1500 South Bradley medians 7,650
East Betteravia Medians — east of Broadway to Miller Street and east of Miller Street to end of Government Buildings, does not include Crossroads
13,989
Food 4 Less/Lucky Medians — 2400 block South Broadway
7,000
Casa Bonita — 2200 South Miller easements and Centerpoint easements (vines on walls) 9,217
Harvest Ranch — San Ysidro and Miller Street frontages, medians on Capistrano and bike path off La Purisima
12,490
Harvest Ranch Basin —at San Ysidro and Miller Streets
6,009
Toby Villas Basin -2500 South Miller
48,889
Toby Ranch — 2300 South Miller easement and East McCoy to end of street 59,454
Los Cabos (Rancho San Ysidro) — 2500 South Miller easements, vines located on San Ysidro from Miller Street going east bound to end of road and on San Ysidro 13,304
Los Cabos Basin —at McCoy and Miller
68,013
Knightbridge — 2500 South Miller easement, west -side of Miller Street 25,096
Santa Maria Way and South Miller Medians — intersection medians 10,252
Rolling Hills -3100 Santa Maria Way easements and medians, small and large basins on Dauphin Street No mowing/edging
37,914
Rolling Hills Basins -Two basins along Santa Maria Way
11,436
Sunrise Hills — easements on both north and south sides of Sunrise Drive east of Maramonte Park, medians on South College Street south of Sunrise Drive to McCloud Street and easement on both east and west sides of South College Street from Sunrise Drive to McCloud Street 137,203
-9-
Battles Bike Path
115,554
New Love Extension
4,520
Arborwalk — frontage on Miller north of McCoy Lane
23,356
Mission Creek median — Santa Maria Way south of Sunrise Drive 2,030
Betteravia Business Plaza — Daniel Street and Betteravia past the commercial 7,581
Oak Creek Condos — frontage on Miller
8,063
South Broadway Medians — south of Stowell to Betteravia 34,387
South College median north of Santa Maria Way —Paved median 3,762
Total Southeast Landscape Maintenance District No. DS -6 1,062,307
Zones of Benefit
In accordance with the 1972 Act, this District utilizes Zones to address variations in the nature, location, and extent of improvements that provide special benefits to specific parcels and developments within the District. Each Zone is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Zone.
For Fiscal Year 2023/2024 the District includes seven (7) designated Zones. The boundaries of each Zone are based on the improvements to be maintained and the relationship and proximity of the developments and properties that derive special benefits from those specific improvements. The following is a brief description and summary of the improvements associated within each Zone and for which parcels receive special benefits:
Crossroads Commercial Special Benefit Zone
Improvements associated with the Crossroads Commercial Special Benefit Zone include the public landscape easements that include medians on East Betteravia (east of government buildings), the medians on College, and the medians on Bradley; the roundabouts on College and Bradley (estimated 115,180 square feet); the Crossroads Bike Path (estimated 43,141 square feet); Crossroads Basin at College and Southside (estimated 366,187 square feet); Parcel 27 basin bottom (estimated 46,154 square feet); and Betteravia Road off -ramps at Highway 101 (estimated 95,105 square feet); collectively totaling an estimated 37,238 square feet of improvements that includes the maintenance of street trees and recreational elements within the drainage basins.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Crossroads Commercial Special Benefit Zone Assessment for fiscal year 2023/2024 will be $229,394 calculated based on the proportionate area each parcel occupies within the special benefit zone. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District. - 10 -
The Crossroads Commercial parcels are also assessed the South Miller Street/South College Drive (Southeast) Landscape Maintenance District commercial assessment of $531.89 per assessment unit as detailed in Method of Apportionment provided in Part 11 of this Report.
Crossroads Residential Special Benefit Zone
The Crossroads Cottages 1 and 11 and the Crossroads Estates subdivisions comprise the Crossroads Residential Special Benefit Zone. Improvements associated with the Crossroads Residential Special Benefit Zone include an estimated 94,117 square feet of landscaped easements, landscaped drainage swale, landscaped bike trail, landscaped park sites, and specialty lighting.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Zone Assessment for fiscal year 2023/2024 will be $484.69 per assessment unit or tenant space. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
Crossroads Residential parcels are also assessed the South Miller Street/South College Drive (Southeast) Landscape Maintenance District residential assessment of $131.16 per assessment unit as detailed in Method of Apportionment provided in Part 11 of this Report.
Bradley Square Special Benefit Zone
Improvements associated with the Bradley Square Special Benefit Zone include the roundabout at McCoy and College; the roundabout at Bradley and McCoy; the frontage along McCoy Lane up to the proposed on -ramp; the frontage landscaping along Crossroads Lane, Bradley Road, College to Sunrise, San Ysidro, and Lewis Road; the medians on College; Fire Station 4 landscaping; park frontage along Hawkins, Leahy and Forbes, Leo Trujillo area and entire MPT adjacent to 101. Collectively, these improvement areas total an estimated 350,028 square feet.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Bradley Square Special Benefit Zone Assessment for fiscal year 2023/2024 will be $317.53 per assessor parcel number or tenant space. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Bradley Square Special Benefit Zone parcels are also assessed the South Miller Street/South College Drive (Southeast) Landscape Maintenance District residential assessment of $131.16 per assessment unit as detailed in Method of Apportionment provided in Part 11 of this Report.
Enos Ranch Special Benefit Zone (Commercial and Residential)
Collectively the Enos Ranch Commercial Special Benefit Zone and Enos Ranch Residential Special Benefit Zone benefit from the maintenance of improvements which provide special benefits to parcel with the zone(s) which may include but is not limited to the public landscape easements on Betteravia Road medians and north side, Bradley Rd and College from Betteravia to Battles including medians, both sides of Meehan and Shepard, the south side of Battles along the bike path, the pedestrian path from Inger to College and areas along the Southbound Hwy. 101 offramp(estimated 277,197 square feet); Enos Ranch basin and adjacent landscaped slope(estimated 140,804 square feet). Collectively, the Enos Ranch improvements total an estimated 418,001 square feet. Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. • Enos Ranch Commercial Special Benefit Zone: Many retail businesses, restaurants, and car dealerships comprise this Special Benefit Zone. The Enos Ranch Special Benefit Zone accounts for costs to maintain improvements which provide special benefits to parcels within the zone. The Enos Ranch Commercial Special Benefit Zone Assessment for fiscal year 2023/2024 will be $167,840 calculated based on the proportionate area each parcel occupies within the special benefit zone. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Enos Ranch parcels are also assessed the South Miller Street/South College Drive (Southeast) Landscape Maintenance District commercial assessment of $531.89 per APN or tenant space as detailed in Method of Apportionment provided in Part II of this Report. • Enos Ranch Residential Special Benefit Zone: The Easton Apartments comprise this residential Special Benefit Zone. The Enos Ranch Special Benefit Zone accounts for costs to maintain improvements which provide special benefits to parcels within the zone. Improvements associated with this Special Benefit Zone include the signature ten foot landscaped parkways, tree lined roadways, landscaped medians, and the historic Smith -Enos House and park site.
The Enos Ranch Residential Special Benefit Zone Assessment for fiscal year 2023/2024 will be $192.67 per assessor parcel number or tenant space. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Enos Ranch parcels are also assessed the South Miller Street/South College Drive (Southeast) Landscape Maintenance District residential tenant space assessment of $131.16 per residential unit as detailed in Method of Apportionment provided in Part II of this Report.
Note: A visual depiction of the general location of the landscape improvement areas for the District and Zone boundaries are provided on the District Diagrams provided in Part IV of this Report. -12-
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Part 11 e Method of Apportionment
Legislative Requirements for Assessments
The estimated costs to provide the proposed improvements for Fiscal Year 2023/2024 have been identified and allocated to properties within the District and the Zones therein based on special benefit, consistent with the requirements of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution). The improvements provided by this District and for which properties are assessed are identified as local landscaping improvements in specified parkways, medians, and roundabouts in the public right-of-way including street trees, and landscaping within specified public areas and public facilities including storm water retention basins, parks, easements, and related amenities. The formulas used for calculating assessments and the designation of Zones 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 the improvements based on a determination of the proportional special benefits to each parcel.
Provisions of the 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 landscape 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."
Provisions of the California Constitution
In addition to the provisions of the 1972 Act, the Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:
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"; - 13 -
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."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
Special Benefits
The ongoing maintenance of landscaped areas within the District as addressed in this Report, provide aesthetic benefits to the properties and a more pleasant environment to walk, drive, live, and/or work.
The primary function of these landscape 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 were constructed and installed and/or were facilitated by the development or potential development of properties within the District and each respective Zone. In addition, the District provided landscaping improvements are an integral part of the physical environment associated with the parcels in the District and/or respective Zones and the proportional direct effect that trees, shrubs, and groundcover have on real property within the district including localized wind reduction; erosion control; storm water capture; noise attenuation; visual screening; ultraviolet light and glare reduction; and odor reduction are a direct and particular benefit to the properties in proximity to those improvements.
While some of the improvements may in part be visible to properties outside the District or Zone, collectively if these various improvements are not properly maintained, it is the parcels within the District and/or respective Zone (as may be applicable), that would be aesthetically burdened or environmentally impacted. Additionally, much of the landscaping within the street right-of-way serve as both a physical buffer as well as a sound reduction buffer between the roadways and the properties in the District and serve as a pleasant aesthetic amenity that enhances the approach to the parcels.
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 were primarily installed in connection with the development of properties therein or are improvements that would otherwise be shared by and required for development of properties in the -14-
ra
District or Zone. It is also evident that the maintenance these improvements and the level of maintenance provided has a direct and particular impact (special benefit) only to 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 no direct quantifiable benefit to the public at large or properties outside the District and/or Zones.
In the absence of a special funding District or Zones, the City would typically be obligated to provide only limited (as needed) tree management, weed abatement, rodent control, and erosion control services for the landscape areas currently maintained within the District. This baseline level of service (general benefit level of service) would most likely provide for periodic servicing of the improvement areas on an as -needed basis to ensure public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways, and potential property damage resulting from erosion or fire hazards. However, this baseline level of service would clearly result in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance provided in the District and funded by the special benefit assessments In addition to the baseline level of service general benefit, 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 associated with the districtwide improvements, including minimization of dust and debris, and air pollution reduction.
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 this Report we assume these types of benefits to be general benefits, albeit general benefits that are extremely difficult to quantify. Therefore, on behalf of all parcels not assessed by a landscape maintenance district, yet deriving some level of general benefit from the District's landscaped improvements, the City has historically and will continue to contribute from the general fund a General Benefit Contribution that equals or exceeds the costs attributable to the baseline general benefit costs and indirect/incidental general benefit costs for the districtwide shared improvement areas as shown in the Estimate of Costs (Part I II of this Report) as the "City General Benefit Contribution". -15-
ra
Assessment Methodology
To assess benefits equitably it is necessary to calculate each property's proportional share of the special benefits conferred by the funded improvements and service. The method utilized to determine assessments is called the "method of apportionment" or formula of cost spread ("spread formula"). Assessment Units ("AU"), often referred to as the Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The AU or 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 which may include but is not limited to land use and property size.
The method of apportionment originally developed for this District was based on an assessment spread formula appropriate for the various land uses, identifiable property characteristics and improvements within the District and utilizes an assigned number of comparative dwelling units for residential, non-residential, and undeveloped properties.
The majority of parcels within the District are residential parcels and the improvements are maintained to provide a uniform benefit within the boundaries of the District. Therefore, each dwelling unit, whether an apartment or single family residence is given a base value of one (1) unit.
Parcels in other land use categories were then evaluated and rated by comparison with the basic unit.
The assignment of unit values is based primarily on the intensity of land use and its comparison to the base unit. Two unit values have been assigned: a residential efficiency unit, 500 square feet or less, at 50 percent of the residential unit value and a commercial efficiency unit defined at 1200 square feet per commercial charge.
Land Use Classifications
Every parcel within the District is assigned a land use classification based on available parcel information obtained from the County Assessor's Office. It has been determined that a parcel use and size are the appropriate factors necessary to identify and calculate the proportional special benefits conveyed to each property within the District for the cost of improvements associated with that property. The following are typical site land uses described in Title 12 of the Santa Maria Municipal Code and their proposed Assessment Units. This list includes the majority of parcel uses within the City of Santa Maria and is applied in the calculation of the 2023/2024 fiscal year assessments.
A summary of the applied Equivalent Benefit Units (EBUs) for the various land use classifications within the District is shown in the following table:
- 16 -
LAND USE
ASSESSMENT UNITS
Residential
• Single Family Residential
• Two Family Residential
• Condominium/Townhouse
• Apartment Residential
• Mobile Home Parks
• Efficiency Unit
Commercial
• Small, Single Tenant
• Efficiency Unit > 1,200 SF
• Vacant > 10,000 SF
• Commercial Centers
• Major Shopping Centers
Trade/Services
• Commercial/Professional Office
• Vacant > 25,000 SF
• Mid -Size Office
• Major Office Buildings
• Hospital/Large Medical Offices
Industrial
• Small Industrial
• Vacant > 50,000 SF
• Medium Industrial
• Major Industrial
Exempt
• Open Space/Common Areas, Public Facilities, Parks,
Redevelopment Agency
1 Unit per property
1 Unit per dwelling
1 Unit per dwelling
1 Unit per dwelling
1 Unit per dwelling
.5 Unit per dwelling
1 Unit per property
1 Unit per 1,200 SF
1 Unit per property
4 Units per property
7 Units per property
1 Unit per property
1 Unit per property
4 Units per property
7 Units per property
7 Units per property
1 Unit per property
1 Unit per property
4 Units per property
7 Units per property
0 Units per property
- 17 -
Part 111 — Estimate of Costs
The following budgets outline the estimated costs to maintain and service the various landscaping improvements described in this Report for Fiscal Year 2023/2024.
The budgeted expenses outlined in the following pages for the District and the Zones therein reflect the estimated annual expenses required to support and maintain the improvements to be provided for fiscal year 2023/2024. The estimated annual expenses provided in the budgets are considered to be appropriate full -service level costs. These full -service expenses, minus the general benefit expenses (Expenses not assessed and identified as the City's financial obligation to support the improvements) result in the amount of funding the property owners should reasonably be assessed to fully fund their proportional special benefit from the improvements to be maintained ("Special Benefit Expenses").
CITY OF SANTA MARIA
SOUTHEAST LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. DS -11
ESTIMATED BUDGET
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$177,800
$186,512
Contract, Supplies, Renovation
$170,208
$171,594
Administration
$565,668
$593,386
Total Expenditures
$913,676
$951,492
ESTIMATED REVENUES
Special Assessment
$663,133
$688,672
City General Benefit Contribution
$250,543
$262,820
Total Revenues
$913,676
$951,492
- 18 -
CROSSROADS COMMERCIAL SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$32,300
$33,883
Contract, Supplies, Renovation
$135,927
$167,202
Administration
$26,986
$28,309
Total Expenditures
$195,213
$229,394
ESTIMATED REVENUES
Special Benefit Assessment
$195,213
$229,394
Total Revenues
$195,213
$229,394
CROSSROADS RESIDENTIAL SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$30,380
$31,869
Contract, Supplies, Renovation
$33,831
$35,339
Administration
$11,707
$12,281
Total Expenditures
$75,918
$79,489
ESTIMATED REVENUES
Special Benefit Assessment
$75,918
$79,489
Total Revenues
$75,918
$79,489
BRADLEY SQUARE SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$110,010
$115,401
Contract, Supplies, Renovation
$85,258
$89,625
Administration
$31,274
$32,807
Total Expenditures
$226,542
$237,833
ESTIMATED REVENUES
Special Benefit Assessment
$226,542
$237,833
Total Revenues
$226,542
$237,833
- 19 -
ENOS RANCH COMMERCIAL SBZ
2022/2023*
2023/2024
ESTIMATED EXPENDITURES
Utilities
$1,500
$1,574
Contract, Supplies, Renovation
$152,885
$131,226
Administration
$33,088
$34,710
Total Expenditures
$187,473
$167,510
ESTIMATED REVENUES
Special Benefit Assessment
$187,473
$167,510
Total Revenues
$187,473
$167,510
*the totals reported in 2022/23 were inaccurate; correct total should be $159,686
ENOS RANCH RESIDENTIAL SBZ
2022/2023
2023/2024
ESTIMATED EXPENDITURES
Utilities
$0
$0
Contract, Supplies, Renovation
$68,348
$71,552
Administration
$4,870
$5,109
Total Expenditures
$73,218
$76,661
ESTIMATED REVENUES
Special Benefit Assessment
$73,218
$76,661
Total Revenues
$73,218
$76,661
- 20 -
Annual Inflationary Adjustment (Assessment Range Formula) Pursuant to Article XIIID of the California Constitution (Proposition 218), any "new or increased assessments" require certain noticing and balloting requirements. However, Government Code Section 54954.6(a) provides that a "new or increased assessment" does not include "an assessment which 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." This definition of a new or increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.
As previously adopted and approved by the City Council, each fiscal year the maximum assessment rates established for the improvements in the previous fiscal year for the District and each Zone may be adjusted by the percentage increase of the Local Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for the Los Angeles- Riverside -Orange County Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.
Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12 -month period between the current year and of the previous year as of January of each succeeding year. This percentage difference shall then establish the range of increase to the maximum assessment rates allowed. If the percentage change in the CPI is negative, the maximum assessment rates shall not be adjusted from the previous fiscal year (unchanged). Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.
The percentage change in CPI from December 2021 to December 2022 as reported by the U.S. Bureau of Labor Statistics was 4.9 percent. Therefore, the maximum assessment rates for fiscal year 2023/2024 will be increased by 4.9 percent over the maximum assessment rates for fiscal year 2022/2023. -21-
pi
Part IV — District/Zone Diagrams
The following section contains a series of diagrams showing the boundaries of Santa Maria Landscape Maintenance Assessment District No. DS -6 and the Zones therein for Fiscal Year 2023/2024. In addition to depicting the boundaries of the Zones, the diagrams also provide a visual depiction of the general location of the improvement areas being funded and maintained within the District and Zones. All parcels that will receive a special benefit from the improvements provided within the District and each respective Zone consist of the lots, parcels and subdivisions of land within the boundaries of the District and/or Zones as depicted by these diagrams and the lines and dimensions of those lots, parcels and subdivisions of land shall be those lines and dimensions shown on the Santa Barbara County Assessor's parcel maps for the current fiscal year and by reference the Santa Barbara County Assessor's parcel maps are incorporated herein and made part of this Report. These diagrams along with the Assessment Roll incorporated in Part V of this Report constitute the District Assessment Diagram for Fiscal Year 2023/2024. - 22 -
District Boundary Diagram
City of Santa Maria
SouthEast Landscape Maintenance District
Overview Map
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Special Benefit Zones
▪ Bradely Square
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Enos Ranch Commercial
Enos Ranch Residential
Newlove Garden
_ Sevilla
- 23 -
District Improvement Diagram (Northern Section)
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- 24 -
District Improvement Diagram (Southern Section)
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- 25 -
Crossroads Commercial Special Benefit Zone
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- 26 -
City of Santa Maria
Special Benefit Zone
Crossroads commercial
Parkway/Streetscape/Greenbelt
▪ Median
Park/ Playground
Trail I Walkway/Pathway
▪ Roads/Parking
Drainage Channel/Basin
Crossroads Commercial SBZ
Crossroads Residential Special Benefit Zone
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- 27 -
City of Santa Maria
Special Benefit Zone
Cross Roads Residential
Parkway/StreetscaperGreenbelt
Park/ Playground
Trail / Walkway/Pathway
Drainage ChannelBasin
Crossroads Residential SBZ
Bradley Square Special Benefit Zone
-28-
City of Santa Maria
Special Benefit Zone
Bradely Square
_ Parkway/Streetscape/Greenbelt
_ Median
Park! Playground
Trail I Walkway/Pathway
Bradely Square SBZ
Enos Ranch Commercial and Residential Special Benefit Zone - 29 -
City of Santa Maria
Special Benefit Zone
Enos Ranch Commercial
Parkway/Streetscape/G reenbe It
_ Median
- Drainage ChannelBasin
Enos Ranch Commercial SBZ
Enos Ranch Residential SBZ
Part V - Assessment Rolls
Due to the number of parcels in the District, the Assessment Roll for fiscal year 2023/2024 (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 identified the parcels within the District that are assessed for special benefits and their corresponding assessment amount(s) for fiscal year 2023/2024. 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 2023/2024. - 30 -
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Annual Engineer's Report
Fiscal Year 2023/2024
Southwest Landscape Maintenance Assessment District No. DS -11 Incorporating Special Benefit Zones:
Westgate Ranch
Cherrywood
• Coyway
• Rose Garden Village
• Stowell Center Plaza
• Acquistapace
Village at Westgate Ranch
C-4 Development
Intent Meeting: June 20, 2023
Public Hearing: July 18, 2023
City of Santa Maria
110 E. Cook Street
Santa Maria, CA 93454
Prepared by: Neville Smeda, Business Program Leader
ENGINEER'S REPORT AFFIDAVIT
This Report and the enclosed descriptions, budgets and diagram outline the proposed improvements and assessments for Landscape Maintenance Assessment District No. DS -11 in the City of Santa Maria for Fiscal Year 2023/2024, which includes each lot, parcel, and subdivision of land within said District, as the same existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Santa Barbara County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this
day of
M &NI , 2023.
J
By: �-•—
David Beas, PE# 56437
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Table of Contents
INTRODUCTION - 4 -
Report Content and Annual Proceedings - 4 -
PART1— PLANS AND SPECIFICATIONS - 8 -
Zones of Benefit 10 -
Part II — Method of Apportionment 14 -
Benefit Analysis 15 -
Assessment Methodology - 17 -
Part III — Estimate of Costs 19 -
Annual Inflationary Adjustment (Assessment Range Formula) - 23 - Part IV — District/Zone Diagrams 24 -
District Boundary Diagram 25 -
District Improvement Diagram (Northern Section) 26 -
District Improvement Diagram (Southern Section) 27 -
Westgate Ranch Special Benefit Zone 28 -
Cherrywood Special Benefit Zone 29 -
Coyway Special Benefit Zone 30 -
Rose Garden Village Special Benefit Zone - 31 -
Stowell Center Plaza Special Benefit Zone 32 -
Acquistapace Special Benefit Zone 33 -
Village at Westgate Ranch Special Benefit Zone 34 -
C-4 Development Special Benefit Zone - 35 -
Part V - Assessment Rolls - 36 -
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INTRODUCTION
The City of Santa Maria ("City"), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ("1972 Act") and in accordance with the provisions of the California State Constitution, Article XIIID ("California Constitution") annually levies and collects special assessments for the City's maintenance assessment district designated as Southwest Landscape Maintenance Assessment District No. DS -11 (hereafter referred to as "District") to fund in whole or in part the maintenance and operation of landscaping improvements that provide special benefits to properties within the District.
The City Council on May 2, 1989, established the formation of the Southwest Landscape Maintenance District No. DS -11 for the purpose of financing the continued maintenance of the landscaping within the southwest quadrant of the City.
In accordance with the 1972 Act, the District also utilizes special benefit zones ("Zones") to address variations in the nature, location, and extent of the improvements that provide special benefits to specific parcels and developments within the District. Within the boundaries of the District, some parcels may be assigned to a special benefit zone, each of which is associated with specific improvements that provide special benefit to properties within that Zone that are in addition to the improvements proportionally shared by properties throughout the District.
For Fiscal Year 2023/2024 in addition to the shared District improvements and assessments, parcels within the following Zones may be assessed for local improvements specific to the parcels and developments within each respective Zone:
• Westgate Ranch Special Benefit Zone,
• Cherrywood Special Benefit Zone,
• Coyway Special Benefit Zone,
• Rose Garden Village Special Benefit Zone,
• Stowell Center Plaza Special Benefit Zone,
• Acquistapace Special Benefit Zone,
• Village at Westgate Ranch Special Benefit Zone,
• C-4 Development Special Benefit Zone,
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 2023/2024. This Report outlines the District improvements, the special benefit zones, the method of apportionment, and proposed assessments to be levied in connection with the special benefits the properties will receive from the maintenance and -4-
servicing of the District improvements for Fiscal Year 2023/2024. The annual assessments to be levied on properties within the District provide a source of funding to fund in whole or in part, the continued operation and maintenance of the landscaping improvements and services to be provided by the District for the properties within the District and specified Zones for which the properties receive special benefits.
Each fiscal year, the City establishes the District's assessments based on an estimate of the costs to maintain, operate and service the authorized District improvements and based upon available revenues including assessment revenues, fund balances, general benefit contributions and any additional City contributions from available sources. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District 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; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements within the District plus each benefit Zone (if applicable) are allocated to the benefiting properties within the District and respective Zones as applicable, using a weighted method of apportionment (refer to Assessment Methodology in Section I I, 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. Thus, each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
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 City Council will by Resolution, order the improvements to be made and confirm the levy and collection of assessments for Fiscal Year 2023/2024 pursuant to the 1972 Act. The assessments as approved will be submitted to the Santa Barbara County 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 2023/2024.
Part I — Plans and Specifications: This section contains a general description of the District, special benefit zones ("Zones"), and the improvements and services that provide special benefits to the parcels within the District. The improvements, appurtenant facilities, and services that provide special benefits to the -5-
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properties within the District and for which parcels are assessed may include, but not limited to the installation and maintenance of landscaping improvements within the public right-of-way of streets within the District, retention basins, parks, public facilities and related amenities as well as associated operational and incidental expenses, and the collection of fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conjunction with these general descriptions, a visual depiction of the improvements may be provided in the District Diagrams contained in Part IV of this Report. More detailed information regarding the specific plans and specifications associated with the District improvements and Zone improvements are on file in the City Engineer's Office and by reference are made part of this Report.
Part II — Method of Apportionment: This section includes a discussion of the special and general benefits associated with the improvements to be provided within the District (Benefit Analysis). This section of the Report also outlines the basis upon which the estimated costs to provide such improvements has been apportioned to each parcel of land therein in proportion to the special benefits to be received. (the method of calculating each property's proportional special benefit assessment). This method of apportionment is consistent with the previously approved and adopted method of apportionment for the District.
Part II I — Estimate of Costs: Identifies the estimated annual funding costs (Budgets) required for the maintenance and operation of the improvements in the District and Zones authorized by the 1972 Act and deemed appropriate to support the improvements, including, but not limited to, annual maintenance and service expenses, utility costs, and related incidental expenses. For fiscal year 2023/2024 annual contract maintenance costs have increased by three percent (3%). Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. In addition to the general benefit costs, the City may provide additional funding to support the maintenance and operation of the improvements considered to be of special benefit, but City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues.
This section also identifies and outlines an Assessment Range Formula (inflationary adjust) previously approved and adopted for the District assessments that provides for an annual adjustment to the maximum assessment rates, which establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.
Part IV — District/Zone Diagrams: This section of the Report contains a series of diagrams showing the boundaries of the District and Zones for Fiscal Year 2023/2024 which incorporate the parcels determined to receive special benefits from the District improvements. These diagrams may also provide a visual depiction of the location of the improvements being maintained. The lines and dimensions of each lot, parcel, and subdivision of land contained in the District and Zone diagrams are inclusive of the parcels listed in "Part V - Assessment Roll" of this Report and the corresponding County Assessor's Parcel Maps m
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for said parcels as they existed at the time this Report was prepared and shall incorporate 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 and Zones.
Part V — Assessment Roll: The assessment amounts to be levied and collected in fiscal year 2023/2024 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 Assessment Roll for fiscal year 2023/2024 has been filed electronically with the City Clerk rather than displayed in this Report and by reference the listing of the Assessor's Parcel Numbers and the corresponding assessment amounts are made part of this Report.
Note: If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Engineer's 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 this Engineer's 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. -7-
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PART I - PLANS AND SPECIFICATIONS
The purpose of this District is to provide in part through annual assessments, funding for the installation, operation, and maintenance of landscaping improvements in specified parkways, medians, and roundabouts in the public right-of-way including street trees, and landscaping within specified public areas and public facilities including storm water retention basins that control subdivision water runoff, parks, and easements.
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone therein may incorporate various local landscaping improvements and related amenities that were either installed in direct connection with the development of properties within the District and each respective Zone or were installed for the benefit of those properties resulting from property development or potential development of those properties and are considered necessary elements for the development of such properties to their full and best use and these improvements are maintained and serviced for the special benefit of real property within the District and/or Zones. The work to be performed within the District and each respective Zone 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.
Improvements provided within the District and/or Zone may include but are not limited to landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side -panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and local parks within each respective Zone. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• irrigation and drainage systems;
• structural amenities such as monuments, specialty or ornamental lighting, block walls, retaining walls, or other fencing associated with the landscape areas; • hardscapes including mulch, decomposed granite surfaces, stamped concrete, and pavers; • recreational amenities within parks or greenbelts that may include benches, play structures, picnic or other recreational facilities, signage, and related appurtenances.
The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, removal, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or landscape drainage systems; and repair or replacement of hardscape improvements including sidewalks and recreational amenities. The Recreation and Parks Office shall authorize and schedule such maintenance and servicing as needed and based on available District and/or Zone funding.
Reference is made to the plans and specifications currently on file at the City Engineer's Office relating to the design, recommended materials, and level of maintenance concerning the facilities to be maintained. -8-
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The plans show plant species, size, and their location. Specifications for the improvements comply with the Standard Specifications of the Public Works Department, the 2019 California Building Code, and the Recreation and Parks Department Landscape and Irrigation Standards. For Fiscal Year 2023/2024 the improvements maintained within the District and for which parcels receive special benefits include but is not limited to the following:
SW LANDSCAPE MAINTENANCE DISTRICT No. DS -11
TOTAL SQFT.
Terrace Park — 500 to 600 West Carmen Lane. This includes the frontage on Carmen, both sides of Depot, and the slope at the end of Depot, but not the area that extends behind the homes (it is the responsibility of the HOA).
14,401
Fire Station II — 400 West Carmen Lane frontage and interior, including easement on South Thornburg Street & slope
7,631
West Betteravia Median — 100 block West Betteravia Road 1,200
Country Club Village II I —frontage on West McCoy Lane, entry medians, La Costa Basin/Marilyn Stanley Park, La Costa Breezeway — across from the basin/park site - breezeway off Castlerock leading to Hagerman bike trail
135,986
Foxenwoods Country Club Estates — 800 to 1100 West McCoy Lane 47,401
Santa Barbara Research Median — median on South Blosser Road 2,392
Skyway Drive Medians — all medians on Skyway Drive
104,031
Battles Bike Path — west of Broadway
14,000
Santa Maria Police Department
10,750
SMAT Station
32,715
Blending Station — Fairway and Skyway Drive
1,940
Paseo del Sol — frontages on South Westgate, South A, Carmen and West Via Rosa, and medians on Betteravia
56,103
Paseo del Sol Basin —at Carmen and A Street (empty trash cans) 45,572
Hagerman Bike Path - west of Hagerman Complex — paved path 68,800
Westridge — frontages and median on Carmen and basin/playground 44,613
Westridge Basin —along Via Rosa
37,240
Skyway and Foster Road Bike Path -paved path
106,984
Medians on Betteravia east and west of Blosser
9,968
Blosser/Stowell Medians -Paved medians
5,104
South Broadway Medians — south of Stowell to Betteravia 34,387
Parkland Cottages - McCoy frontage
10,943
Union Valley Parkway
512,222
Union Valley open space
40,075
Foxenwoods Estates
30,000
VTC Frontage
11,076
Dal Porto
3,006
Total Southwest Landscape Maintenance District No. DS -11 1,388,540
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Zones of Benefit
In accordance with the 1972 Act, this District utilizes Zones to address variations in the nature, location, and extent of improvements that provide special benefits to specific parcels and developments within the District. Each Zone is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Zone.
For Fiscal Year 2023/2024 the District includes eleven (11) designated Zones. The boundaries of each Zone are based on the improvements to be maintained and the relationship and proximity of the developments and properties that derive special benefits from those specific improvements. The following is a brief description and summary of the improvements associated within each Zone and for which parcels receive special benefits:
Westgate Ranch Special Benefit Zone
Improvements associated with the Westgate Ranch Special Benefit Zone include the public landscape easement frontages on Battles, A Street, Westgate, Carmen, Sonya and Blosser, the medians on Carmen and the roundabout by the school and both multi -purpose trails and parkways along Park totaling an estimated 367,536 square feet of improvements.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Westgate Ranch Special Benefit Zone Assessment for fiscal year 2023/2024 will be $394.02 per assessor parcel number or tenant space. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Westgate Ranch Special Benefit parcels are assessed the Southwest Landscape Maintenance District residential assessment of $255.77 per assessment unit as detailed in Method of Apportionment provided in Part II of this Report.
Cherrywood Special Benefit Zone
Improvements associated with the Cherrywood Special Benefit Zone include the public landscape easement frontages on Carmen, Depot, Sonya and Thornburg, the pathway on Flora, and the pocket park on Thornburg totaling an estimated 22,151 square feet of improvements.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Cherrywood Special Benefit Zone Assessment for fiscal year 2023/2024 will be $403.36 per assessor parcel number. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
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The Cherrywood Special Benefit Zone parcels are also assessed the Southwest Landscape Maintenance District residential assessment of $255.77 per assessment unit as detailed in Method of Apportionment provided in Part II of this Report.
Coyway Special Benefit Zone
The Coyway subdivision consists of 12 commercial parcels. Improvements associated with the Coyway Special Benefit Zone include the public landscape easement at the corner of W. McCoy and Professional Parkway (an estimated 21,726 square feet) and the landscaped storm water retention basin (an estimated 13,349 square feet) totaling an estimated 35,075 square feet of improvements.
Maintenance costs include labor, equipment, plant materials and supplies, renovation, utility costs, and District administration. The Coyway Special Benefit Zone Assessment for fiscal year 2023/2024 will be $127,184 calculated based on the proportionate area each parcel occupies within the special benefit zone.
This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Coyway Special Benefit Zone parcels are also assessed the Southwest Landscape Maintenance District commercial assessment of $531.89 per parcel as detailed in Method of Apportionment provided in Part II of this Report.
Rose Garden Village Special Benefit Zone
The improvements that are associated with the Rose Garden Village Special Benefit Zone include the median on Blosser Road, the public easement frontages on Battles, Sonya, Biscayne, Western, Pergola, Provance, the multi -purpose trail, the park site, basin, and the street trees within the Zone totaling an estimated 310,157 square feet of improvements.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Rose Garden Village Special Benefit Zone Assessment for FY 2023/2024 will be $461.08 per assessor parcel number or tenant space. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Rose Garden Village Special Benefit Zone parcels are also assessed the Southwest Landscape Maintenance District residential assessment of $255.77 per assessment unit as detailed in Method of Apportionment provided in Part II of this Report.
Acquistapace Special Benefit Zone
The improvements that are associated with the Acquistapace Special Benefit Zone at build out will include the median on Blosser Road, the public easement frontages on Sonya, Carmen, Western, Pergola, Biscayne, m
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Blosser, the multi -purpose trail, and the open space (Lot 170) (an estimated 129,217 square feet), as well as the Sonya Basin (grassy park site/basin) located along Sonya (an additional 268,935 square feet), and the street trees within the Zone collectively totaling an estimated 398,152 square feet of improvements.
Maintenance costs include labor, equipment, plant materials and supplies, renovation, graffiti removal, utility costs, and District administration. The Acquistapace Special Benefit Zone Assessment for fiscal year 2023/2024 will be $287.73 per assessor parcel number. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Acquistapace Special Benefit Zone parcels are also assessed the Southwest Landscape Maintenance District residential assessment of $255.77 per assessment unit or tenant space as detailed in Method of Apportionment provided in Part 11 of this Report.
Stowell Center Plaza Special Benefit Zone
The Stowell Center Plaza owners will be assessed $531.89 per typical 2,500 square feet of retail space.
These funds will be used for re -payment of a loan to resurface the parking lot; parking lot maintenance; trash pickup; cleaning public sidewalks, parking lot lighting/other electrical service and landscape maintenance. This assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Stowell Center Plaza Special Benefit Zone parcels are also assessed the Southwest Landscape Maintenance District commercial assessment of $531.89 per parcel as detailed in Method of Apportionment provided in Part 11 of this Report.
Village at Westgate Ranch Special Benefit Zone
The improvements associated with the Village at Westgate Ranch Special Benefit Zone include the public easement areas along the street frontages on Blosser Road, La Brea Avenue, Battles Road, Westgate Road, Marsala Avenue, and Sonya Lane (an estimated 345,107 square feet), as well as the Battles linear basin bottom from Blosser to the county flood control basin (an estimated 92,529 square feet), and the street trees within the Zone collectively totaling an estimated 437,636 square feet of improvements.
Maintenance costs include labor, equipment, plant materials and supplies, graffiti removal, renovation, utility costs, and District administration. The Village at Westgate Ranch Special Benefit Zone assessments for fiscal year 2023/2024 will be $494.84 per assessor parcel number or tenant space. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The Village at Westgate Ranch Special Benefit Zone parcels are also assessed the Southwest Landscape Maintenance District residential assessment of $255.77 per assessment unit as detailed in Method of Apportionment provided in Part 11 of this Report.
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C-4 Development Special Benefit Zone
This subdivision currently consists of six (6) professional services parcels including the retention basin. At build out there will be two (2) two-story office buildings, two (2) one-story commercial buildings, and one (1) commercial building for recreational vehicle storage. The improvements associated with the C-4 Development Special Benefit Zone include the landscape storm water retention basin at McCoy totaling an estimated 32,609 square feet.
Maintenance costs include labor, equipment, plant materials and supplies, renovation, utility costs, and District administration. The C-4 Development Special Benefit Zone Assessment for fiscal year 2023/2024 will be $20,553 and assessed on percentage of square footage of each assessor parcel number. This Zone assessment is imposed only upon parcels within the Zone that receive a special benefit over and above general benefits provided to other parcels located in the District.
The C-4 Development Special Benefit Zone parcels are also assessed the Southwest Landscape Maintenance District commercial assessment of $531.89 per parcel as detailed in Method of Apportionment provided in Part 11 of this Report.
Note: A visual depiction of the general location of the landscape improvement areas for the District and Zone boundaries are provided on the District Diagrams provided in Part IV of this Report. -13-
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Part 11 e Method of Apportionment
Legislative Requirements for Assessments
The estimated costs to provide the proposed improvements for Fiscal Year 2023/2024 have been identified and allocated to properties within the District and the Zones therein based on special benefit, consistent with the requirements of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution). The improvements provided by this District and for which properties are assessed are identified as local landscaping improvements in specified parkways, medians, and roundabouts in the public right-of-way including street trees, and landscaping within specified public areas and public facilities including storm water retention basins, parks, easements, and related amenities. The formulas used for calculating assessments and the designation of Zones 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 the improvements based on a determination of the proportional special benefits to each parcel.
Provisions of the 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 landscape 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."
Provisions of the California Constitution
In addition to the provisions of the 1972 Act, the Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:
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"; - 14 -
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."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
Special Benefits
The ongoing maintenance of landscaped areas within the District as addressed in this Report, provide aesthetic benefits to the properties and a more pleasant environment to walk, drive, live, and/or work.
The primary function of these landscape 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 were constructed and installed and/or were facilitated by the development or potential development of properties within the District and each respective Zone. In addition, the District provided landscaping improvements are an integral part of the physical environment associated with the parcels in the District and/or respective Zones and the proportional direct effect that trees, shrubs, and groundcover have on real property within the district including localized wind reduction; erosion control; storm water capture; noise attenuation; visual screening; ultraviolet light and glare reduction; and odor reduction are a direct and particular benefit to the properties in proximity to those improvements.
While some of the improvements may in part be visible to properties outside the District or Zone, collectively if these various improvements are not properly maintained, it is the parcels within the District and/or respective Zone (as may be applicable), that would be aesthetically burdened or environmentally impacted. Additionally, much of the landscaping within the street right-of-way serve as both a physical buffer as well as a sound reduction buffer between the roadways and the properties in the District and serve as a pleasant aesthetic amenity that enhances the approach to the parcels.
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 were primarily installed in connection with the development of properties therein or are improvements that would otherwise be shared by and required for development of properties in the -15-
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District or Zone. It is also evident that the maintenance these improvements and the level of maintenance provided has a direct and particular impact (special benefit) only to 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 no direct quantifiable benefit to the public at large or properties outside the District and/or Zones.
In the absence of a special funding District or Zones, the City would typically be obligated to provide only limited (as needed) tree management, weed abatement, rodent control, and erosion control services for the landscape areas currently maintained within the District. This baseline level of service (general benefit level of service) would most likely provide for periodic servicing of the improvement areas on an as -needed basis to ensure public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways, and potential property damage resulting from erosion or fire hazards. However, this baseline level of service would clearly result in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance provided in the District and funded by the special benefit assessments In addition to the baseline level of service general benefit, 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 associated with the districtwide improvements, including minimization of dust and debris, and air pollution reduction.
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 this Report we assume these types of benefits to be general benefits, albeit general benefits that are extremely difficult to quantify. Therefore, on behalf of all parcels not assessed by a landscape maintenance district, yet deriving some level of general benefit from the District's landscaped improvements, the City has historically and will continue to contribute from the general fund a General Benefit Contribution that equals or exceeds the costs attributable to the baseline general benefit costs and indirect/incidental general benefit costs for the districtwide shared improvement areas as shown in the Estimate of Costs (Part I II of this Report) as the "City General Benefit Contribution". -16-
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Assessment Methodology
To assess benefits equitably it is necessary to calculate each property's proportional share of the special benefits conferred by the funded improvements and service. The method utilized to determine assessments is called the "method of apportionment" or formula of cost spread ("spread formula"). Assessment Units ("AU"), often referred to as the Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The AU or 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 which may include but is not limited to land use and property size.
The method of apportionment originally developed for this District was based on an assessment spread formula appropriate for the various land uses, identifiable property characteristics and improvements within the District and utilizes an assigned number of comparative dwelling units for residential, non-residential, and undeveloped properties.
The majority of parcels within the District are residential parcels and the improvements are maintained to provide a uniform benefit within the boundaries of the District. Therefore, each dwelling unit, whether an apartment or single family residence is given a base value of one (1) unit.
Parcels in other land use categories were then evaluated and rated by comparison with the basic unit.
The assignment of unit values is based primarily on the intensity of land use and its comparison to the base unit. Two unit values have been assigned: a residential efficiency unit, 500 square feet or less, at 50 percent of the residential unit value and a commercial efficiency unit defined at 1200 square feet per commercial charge.
Land Use Classifications
Every parcel within the District is assigned a land use classification based on available parcel information obtained from the County Assessor's Office. It has been determined that a parcel use and size are the appropriate factors necessary to identify and calculate the proportional special benefits conveyed to each property within the District for the cost of improvements associated with that property. The following are typical site land uses described in Title 12 of the Santa Maria Municipal Code and their proposed Assessment Units. This list includes the majority of parcel uses within the City of Santa Maria and is applied in the calculation of the 2023/2024 fiscal year assessments.
A summary of the applied Equivalent Benefit Units (EBUs) for the various land use classifications within the District is shown in the following table:
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