A2342.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
M
ay 1, 2023
TO
: City Council
F
ROM: Department of Public Works
S
UBJECT: ADOPTION OF RESOLUTIONS INITIATING THE FY 2023 -24 ASSESSMENT PROCESS FOR LANDSCAPE DISTRICT NO. 1
STAFF RECOMMENDATION
I
t is recommended that the City Council initiate the Landscape District No. 1 assessment process for FY 2023-24 by adopting the following resolutions in the following sequence:
1. R es
olution No. 2023- 19 (page 5) evidencing the City Council’s intent to levy assessments;
2. R es
olution No. 2023-20 (page 7) approving the Engineer’s Report;
3. R es
olution No. 2023-21 (page 8) setting the public hearing to consider the levy of assessments for May 15, 2023.
BACKGROUND AND OVERVIEW
I
n 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 L andscaping 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.
A
ctive zones are maintained by the City and funded through assessments to the property owners within each active zone and for FY 2023-24 Includes $400,000 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 (10)
A2342.SR.JD
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, augmentation funds have been reduced annually, and 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 for FY23-24 is $400,000.
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 still 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. However , costs continue to exceed the property assessments , which have not increased since 1973.
Water restrictions adopted by the City Council this past year, has also positively affected the “Utilities” costs in the assessment zones. In zones where turf is present and irrigation is reduced, the water usage and costs in these zones have seen a decrease. Further, staff has sought out turf replacement rebates from Metropolitan Water District for turf removal projects in several zones.
Moving forward to further reduce costs, s taff will continue to be aggressive in r eplacing 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 2023-24 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 estimated beginning balances, and the projected ending balances. A vicinity 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 May or June. Adoption of the attached R esolutions 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. It is recommended that the public hearing be set for May 15, 2023. 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.
2 A2342.SR.JD
There is no change to the current assessments proposed for FY 2023-24 . It is recommended that the City Council initiate the Landscape District No. 1 assessment process for FY 2023-24.
The following alternatives are available to the City Council:
1. Initiate the Landscape District No. 1 assessment process for FY 2023-24 by adopting the following resolutions in the following sequence:
a. R esolution No. 2023 -19 evidencing the City Council’s intent to levy assessments;
b. R esolution No. 2023-20 approving the Engineer’s Report;
c. R esolution No. 2023-21 setting the public hearing to consider the levy of assessments for May 15, 2023;
2. Provide other direction to staff.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to initiate the Landscape District No. 1 assessment process for FY 202 3-24 by adopting the following resolutions in the following sequence:
1. R esolution No. 2023-19 evidencing the City Council’s intent to levy assessments;
2. R esolution No. 2023-20 approving the Engineer’s Report; and
3. R esolution No. 2023- 21 setting the public hearing to consider the levy of assessments for May 15, 2023.
3 A2342.SR.JD
SUMMARY
Adoption 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 May 15 , 2023. This will initiate the Landscape District No. 1 assessment process for FY 2023-24 to provide maintenance of enriched landscaping along arterial streets and other prominent areas.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Laurie Vollmer, Deputy Director Public Works (Administration)
INDEX Page
Resolution No. 2023-19 ........................................................................ 5 Resolution No. 2023-20 ........................................................................ 7 Resolution No. 2023-21 ........................................................................ 8 Attachment A – Engineer’s Report ..................................................... 10 Exhibit 1 – Map of Landscape Zones ................................................. 36 4 A2342.RES.JD
RESOLUTION NO. 2023-19
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 2023-24 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
WHEREAS, Chapter 3 of Part 2 of Division 15 of the Streets and Highways Code (beginning at Section 22620) contains the provisions applicable t o the levy of annual assessments after the formation of an assessment district; and
WHEREAS, 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 2023-24; and
WHEREAS, 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, sidewalks , 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council, by adopting this resolution, evidences its intention to levy assessments for the Fiscal Year 2023-24 upon those lots or parcels of land included within Simi Valley Landscape District No. 1.
SECTION 2. The improvements proposed to be financed by the levy of assessments for the Fiscal Year 2023-24 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 RES NO. 2023-19
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 of California and to file such report with the City Clerk for submission to this body.
SECTION 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 1st day of May 2023.
Attest:
Lucy Blanco, City Clerk Fred D. Thomas, 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
6 A2342.RES.JD
RESOLUTION NO. 2023-20
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 1, 2023, the City Council of the City of Simi Valley has heretofore duly adopted its Resolution No. 2023-19 initiating proceedings in the matter of the City Council declaring its intention to levy the assessment for Fiscal Year 2023-24 describing the impr ovements within the proposed area, and ordering the Engineer to prepare and file a report, all of which 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 A ct"; 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 C lerk shall certify to the adoption of this r esolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED
and ADOPTED this 1st day of May 2023.
A
ttest:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
A
pproved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager Ronald K. Fuchiwaki
Public Works Director
7 RESOLUTION NO. 2023-21
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 2023-24
WHEREAS, on May 1, 2023, the City Council of the City of S imi Valley has heretofore duly adopted Resolution No. 2023-19, proposing and initiating proceedings for the levying of assessm ents for the Fiscal Year 2023-24 upon those lots or parc els included within Simi V alley Landscape Dis trict No. 1, and in the following mentioned Engineer's Report, purs uant 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 impr ovements proposed to be car ried out during the Fiscal Year 2023-24 within the area, ordering the Engineer to prepare a report, and setting forth such other matters as may be required by law; and WHEREAS, 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. 2023-xx, approving the Engineer's Report in all respects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 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.
SECTION 2. The improvements to be provided by the levy of assessments for the Fiscal Year 2023-24 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.
SECTION 3 . The propos ed levy of asse ssments f or the Fiscal Y ear
2023-24 heretofore has been designated as in the Engineer's Report.
A2342.RES.JD
8 RES NO. 2023-21
A2342.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 15th day of May, 2023 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 2023-24 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 1st day of May 2023.
Attest:
Lucy Blanco, City Clerk Fred D. Thomas, 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
9 ATTACHMENT A
CITY OF SIMI VALLEY
SIMI VALLEY LANDSCAPE DISTRICT NO. 1
ENGINEER’S REPORT
ON
ASSESSMENTS FOR ZONES NO. 2, 3, 4, 5
7, 9, 12,13,14A,14B,15,16,17,18,19,20,21,22, 24,25,26,28,29,31, 32, 34, 35, 37, 41A, 41B, 42, 45, 51, 55, 61, 62, 64, 65, 74, 83, 85, 95, 96, 99, 100, 104, AND
108 FOR
FISCAL YEAR 2023-24
DEPARTMENT OF PUBLIC WORKS
May 1, 2023
10 Section 1: Authority for Report:
This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highway Code, State of California (Landscaping and Lighting Act of 1972).
Section 2: Maintenance:
The landscaping consists of trees, shrubs, and groundcover. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including:
a. Repair, removal, or replacement of all or any part of any improvement.
b. Providing the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
c. Removal of trimmings, rubbish, debris, and other solid waste.
Section 3: Plans and Specifications:
Plans and specifications for the landscape installation have been prepared by the developers and have been approved as part of the tract improvement plans in conformance with the conditions of approval.
The specifications for the maintenance contracts hav e been prepared by the Landscape District for Fiscal Year 2023-24. The plans and specifications, the assessment diagrams, and specifications for maintenance are, by reference, made a part of this report to the same extent as if said plans and specifications, assessment diagrams, and maintenance specifications were attached hereto. The aforementioned are all on file with the City Clerk.
Section 4: Order of Events:
1. The City Council adopts a Resolution of Intention to levy annual assessments; adopts a resolution approving the Engineer’s Report; and adopts a resolution setting a public hearing.
2. Notice of hearing published as outlined in Sections 22552, 22553, and 22626 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
3. The City Co uncil conducts a public hearing, considers all testimony, and determines if and how assessments are to be levied.
4. The diagram and assessments are to be filed with the County in accordance with Section 22641 for assessments levied.
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 EXHIBIT 1
36