A2226.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
May 16, 2022
TO: City Council
FROM: Department of Public Works
SUBJECT: ADOPTION OF RESOLUTIONS INITIATING THE FY 2022-23 ASSESSMENT PROCESS FOR LANDSCAPE DISTRICT NO. 1
STAFF RECOMMENDATION
It is recommended that the City Council initiate the Landscape District No. 1 assessment process for FY 2022-23 by adopting the following resolutions in the following sequence:
1. Resolution No. 2022-22 (page 5) evidencing the City Council’s intent to levy assessments;
2. Resolution No. 2022-23 (page 7) approving the Engineer’s Report;
3. Resolution No. 2022-24 (page 8) setting the public hearing to consider the levy of assessments for June 13, 2022.
BACKGROUND AND OVERVIEW
In 1973, the City created Landscape District No. 1 to provide for the continued maintenance of enriched landscaping along arterial streets and other prominent areas, a goal of the City’s General Plan. The District is operated under the authority of the State Landscaping and Lighting Act of 1972. Since the formation of Landscape District No. 1, a total of 99 zones have been placed into the District.
There are 48 active zones (one of which encompasses all City -controlled areas, Zone 39) and 51 contingency fallback zones.
Active zones are maintained by the City and funded through assessments to the property owners within each active zone and $200,000 from the General Fund. Fallback zones are generally maintained by homeowners associations and/or the property owners. The City has the authority to convert the fallback zones to active status in the event they are not maintained to City standards. It has thus far not been necessary for the City to assume maintenance responsibilities for any fallback zones. However, if the City were to convert a fallback zone to active status, the initiation of assessments to cover the maintenance costs would be subject to the property owner voting requirements of Proposition 218.
AGENDA ITEM NO.
Consent (7)
FINDINGS AND ALTERNATIVES
Historically, t he cost to maintain the landscape district exceeds the revenue from assessments. In FY 1999- 00, the City Council approved the establishment of a Landscape Zones Augmentation Fund to offset the deficit. These funds were needed to augment balances in existing zones to ensure that funds cover the landscaping costs for all zones at the end of each fiscal year. However, with increasing maintenance and utility costs and improvements required for repair and replacement of aging irrigation equipment and backflow devices in the landscape zones, the augmentation amount has continued and is currently funded at a not-to-exceed amount of $200,000.
Staff continues to take steps and explore opportunities to reduce costs . The landscape maintenance contracts have been modified with new maintenance requirements and specifications for landscape maintenance services by reducing the frequency of certain tasks and applications required under the contract, while maintaining the aesthetics of the City’s landscaping. Staff continually implements measures to reduce costs, including utilizing smart irrigation controllers and low water use plantings when plant replacements have been necessary. Additionally, staff has begun to modify Landscape Zones by removing high water use plant material and replacing with decorative ground cover, low- water use plants, and drip irrigation systems. An example of this is on the east side of Galena Avenue between the 118 Freeway and Alamo Street.
It is anticipated that new water restrictions adopted by the City Council during its May 9, 2022 meeting will positively affect the “Utilities” costs in the assessment zones. In zones where turf is present and irrigation is reduced to one day per week, the water usage and costs in these z ones are expected to see a decrease. Further, staff is seeking turf - replacement rebates from Metropolitan Water District for turf removal projects in several zones. While the assessment rates have remained unchanged for many years , staff anticipates the water restrictions, turf removal, and changes to the plant material will positively impact the overall financial performance of the zones.
Moving forward to further reduce costs, staff will be more aggressive in replacing plants, foliage, and trees using low water use options, or the implementation of hardscape when deemed appropriate. These measures, including the replacement of plant material with ground cover, wood chips, and bark, will be implemented within the existing budget.
Initiation of FY
2022-23 Assessment Process
The Engineer’s Report (Attachment A, page 10) has been prepared for the purpose of initiating the assessment process. This report shows the proposed assessment of each zone, the projected cost, including the recommended essential improvements, the es
timated beginning balances, and the projected ending balances . A v icinity map of the various landscape zones is also attached (Exhibit 1, page 36).
It is customary that the public hearing to consider the proposed assessments be held annually in June. Adoption of the attached resolutions will provide evidence of the City A2226.SR.JD
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Council’s intent to levy assessments, approve the Engineer’s Report, and set the date of the required public hearing. It is recommended that the public hearing be set for June 13, 2022. This will allow sufficient time to meet the Ventura County Tax Assessor’s deadline set for the first week of July to ensure collection of the assessments on the County property tax roll.
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here is no change to the current assessments proposed for FY 2022-23. It is recommended that the City Council initiate the Landscape District No. 1 assessment process for FY 2022-23.
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he following alternatives are available to the City Council:
1. Initiate the Landscape District No. 1 ass essment process for FY 2022-23 by adopting the following resolutions in the following sequence:
a. Resolution No. 2022-2 2 evidencing the City Council’s intent to levy assessments;
b. Resolution No. 2022-23 approving the Engineer’s Report; c. Resolution No. 2022-2 4 setting the public hearing to c onsider the levy of assessments for June 13, 2022;
2. Provide other direction to staff.
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taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I
move to initiate the Landscape District No. 1 assessment process for FY 2022-23 by adopting the following resolutions in the following sequence:
1. Resolution No. 2022-22 evidencing the City Council’s intent to levy assessments;
2. Resolution No. 2022-23 approving the Engineer’s Report; and
3. Resolution No. 2022- 24 setting the public hearing to consider the levy of assessments for June 13, 2022.
SUMMARY
A
doption of the attached Resolutions will provide evidence of the City Council’s intent to levy assessments, approve the Engineer’s Report, and set the date of the required public hearing to consider the assessments on June 13, 2022. This will initiate the Landscape District No. 1 assessment process for FY 2022-23 to provide maintenance of enriched landscaping along arterial streets and other prominent areas. 3 A2226.SR.JD
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Ronald K. Fuchiwaki
Public Works Director
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repared by: Lisett Bautista, Senior Management Analyst INDEX Page
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esolution No. 2022-22 ........................................................................ 5 Resolution No. 2022-23 ........................................................................ 7 Resolution No. 2022-24 ........................................................................ 8 Attachment A – Engineer’s Report ..................................................... 10 Exhibit 1 – Map of Landscape Zones ................................................. 36 4 A2226.RES.JD
RESOLUTION NO. 2022-22
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY PURSUANT TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972, EVIDENCING
THE COUNCIL'S INTENTION TO LEVY ASSESSMENTS FOR
THE 2022-23 FISCAL YEAR ON THOSE LOTS WITHIN SIMI
VALLEY LANDSCAP E DISTRICT NO. 1, DESCRIBING THE
PROPOSED IMPROVEMENTS, AND ORDERING THE
ENGINEER TO PREPARE AND FILE A REPORT
W
HEREAS, Chapter 3 of Part 2 of Division 15 of the Streets and Highways Code (beginning at Section 22620) contains the provisions applicable to the levy of annual assessments after the formation of an assessment district; and W
HEREAS, Section 22622 requires the legislative body to adopt a resolution which generally describes the proposed new improvements or substantial changes in existing improvements and to order the Engineer to prepare or file a report; such resolution of intention being the first step in levying assessments for the Fiscal Year 2022-23; and
W
HEREAS, Section 22525 of the Streets and Highways Code defines “improvement” to mean (in part) one or any combination of: (a) the installation or planting of landscaping; (b) the installation or construction of statuary, fountains, and other ornamental structures and facilities; (d) the installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalk s, or paving, or water, irrigation, drainage, or electrical facilities; (f) the maintenance or servicing, or both, of any of the foregoing, and any improvement authorized by subdivision (i); (h) the acquisition of any existing improvement otherwise authorized pursuant to this section.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
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ECTION 1. The City Council, by adopting this resolution, evidences its intention to levy assessments for the Fiscal Year 2022-23 upon those lots or parcels of land included within Simi Valley Landscape District No. 1.
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ECTION 2. The improvements proposed to be financed by the levy of assessments for the Fiscal Year 2022-23 are generally described as follows, subject, however, to the findings and recommendations of the Engineer's Report: The servicing and maintenance of landscaping, water lines, sidewalks, irrigation, and/or drainage facilities.
5 RE S NO. 2022-22
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SECTION 3 . The Engineer is hereby ordered to prepare a report in accordance with the provisions of Article 4 of Chapter 1 of Part 2 of Division 15 of the Streets & Highways Code of the State and to file such report with the City Clerk for submission to this body.
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ECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED
and ADOPTED this 16th day of May 2022.
A
ttest:
Lucy Blanco, City Clerk Keith L Mashburn, Mayor of the City of Simi Valley, California
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pproved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager Ronald K. Fuchiwaki
Public Works Director
6 A2226.RES.JD
RESOLUTION NO. 2022-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY, APPROVING THE ENGINEER'S REPORT FOR
SIMI VALLEY LANDSCAPE DISTRICT NO. 1
WHEREAS, on May 16, 2022, the City Council of the City of Simi Valley has heretofore duly adopted its Resolution No. 2022-22 initiating proceedings in the matter of the City Council declaring its intention to levy the assessment for Fiscal Year 2022-23 describing the improvements within the proposed area, and ordering the Engineer to prepare and file a report , all of wh ich is pursuant to and in accordance with the provisions of the Landscape and Lighting Act of 1972 (Part 2 of Division 15, beginning at Section 22500 of the Streets & Highways Code of the State of California), hereinafter referred to as "said Act"; and
WHEREAS, said Engineer has prepared and filed said report with the City Clerk for submission to the City Council, all in accordance with said Act (Section 22565, et seq.).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. The City Council has examined and duly considered said report, hereby finds the contents of said report to be sufficient, and hereby approves said report in each and all respects, as filed, without change or modification.
SECTION 2. The report, as so approved, shall constitute the Engineer's Report for all subsequent proceedings with respect to the zones listed in said report of Simi Valley Landscape District No. 1, for the purposes and pursuant to the provisions of said Act.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 16th day of May 2022.
Attest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
Ronald K. Fuchiwaki
Public Works Director
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RESOLUTION NO. 2022-24
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY, DECLARING ITS INTENTION, PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972, TO LEVY
AND COLLECT ASSESSMENTS ON THOSE LOTS OR
PARCELS WITHIN SIMI VALLEY LANDSCAPE DISTRICT
NO. 1, DESCRIBING TH E IMPROVEMENTS AND THEIR
LOCATION, AND FIXING A TIME AND PLACE FOR AND
GIVING NOTICE OF A PUBLIC HEARING BY THE CITY
COUNCIL ON THE QUESTION OF THE LEVY OF PROPOSED
ASSESSMENTS FOR THE FISCAL YEAR 2022-23
W
HEREAS, on May 16th, 2022, the City Council of the City of Simi Valley has heretofore duly adopted Resolution No. 2022-22, proposing and initiating proceedings for the levying of assessments for the Fiscal Year 2022-23 upon those lots or parcels included within Simi Valley Landscape District No. 1, and in the following mentioned Engineer's Report, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Part 2 of Division 15, beginning at Section 22500 of the Streets & Highways Code of the State of California, hereinafter referred to as "said Act"), describing the improvements proposed to be carried out during the Fiscal Year 2022-23 within the area, ordering the Engineer to prepare a report, and setting forth such other matters as may be required by law; and
W
HEREAS, thereafter said Engineer duly prepared and filed a report pursuant to and in accordance with the provisions of said Act (Section 22565, et seq.), and the City Council thereafter examined and considered said Report, and duly adopted its Resolution No. 2022-xx, approving the Engineer's Report in all respects.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
S
ECTION 1. The City Council hereby declares its intention to order, levy, and collect assessments on the lots included within Simi Valley Landscape District No. 1, the net amount of such assessments to be apportioned among the several lots or parcels, to be received by each such lot or parcel, all as provided by said Act.
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ECTION 2. The improvements to be provided by the levy of assessments for the Fiscal Year 2022-23 shall consist of the installation of planting and of landscaping, the installation or construction of water lines, sprinklers, irrigation systems, and other facilities necessary or convenient for the maintenance or servicing of such landscaping, and the maintenance and servicing of any and all of the foregoing.
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ECTION 3 . The proposed levy of assessments for the Fiscal Year 2022-23 heretofore has been designated as in the Engineer's Report. 8 RES NO. 2022-24
A2226.RES.JD
SECTION 4. Reference is hereby made to the report of the Engineer on file in the Office of the City Clerk, City Hall, City of Simi Valley, and which is open to public inspection for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, the proposed assessments upon assessable lots and parcels of land within the assessment district and the zones contained therein, and other particulars with respect to said District.
SECTION 5
. Notice is hereby given that, on the 13th day of June, 2022 at the hour of 6:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers of the City Council in City Hall, 2929 Tapo Canyon Road in the City of Simi Valley, any and all interested persons may appear before the City Council and be heard on the question of the levy of the proposed Fiscal Year 2022-23 assessments on the lots within the Simi Valley Landscape District No. 1; that the aforesaid time and place is hereby fixed for said hearing by said City Council; that prior to the conclusion of said hearing, any interested person may file a written protest with the City Clerk, stating any and all grounds of objection to the levy of the proposed assessments, or any other objection with respect to such District.
SECTION 6. The City Clerk is hereby directed to give notice of said hearing in the form and manner provided for in Section 22626 of the Landscaping and Lighting Act of 1972.
SECTION 7. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 16th day of May 2022.
Attest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
Ronald K. Fuchiwaki
Public Works Director
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35 EXHIBIT 1
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