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HomeMy Public PortalAbout7H Resolution No. 1-4725 Ordering the Engineer's Report to establish Lighting and Maintenance District Assessment Rates for FY 11-12AGENDA ITEM 7.H. PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: March 15, 2011 TO: The Honorable City Council FROM: Jose E. Pulido, City Manag4 By: Cathy Burroughs, Director of Parks and Recreation SUBJECT: ADOPTION OF RESOLUTION NO. 11-4725 ORDERING THE ENGINEER'S REPORT TO ESTABLISH LIGHTING AND MAINTENANCE DISTRICT ASSESSMENT RATES FOR FISCAL YEAR 2011-12 AND ACCEPTANCE OF PROPOSAL FROM HARRIS & ASSOCIATES FOR ASSESSMENT ENGINEERING SERVICES RECOMMENDATION: The City Council is requested to: a) adopt Resolution No. 11-4725 ordering the preparation of the Lighting and Maintenance Assessment District annual engineer's report for FY 2011-12; and b) accept the proposal submitted by Harris & Associates for Assessment Engineering Services for the Citywide Lighting and Maintenance District. BACKGROUND: 1. On June 19, 1979, the City Council adopted Resolution No. 79-1825 creating the Citywide Lighting Assessment District pursuant to the State of California Lighting and Landscape Act of 1972. 2. On May 7, 1991, the City Council adopted Resolution No. 91-3048 amending the existing Citywide Lighting Assessment District to include a maintenance zone, thereby creating the Temple City Lighting and Maintenance District for the purpose of funding other eligible programs, including traffic signal and tree maintenance services. 3. On November 5, 1996, California voters approved Proposition 218, also known as "The Right to Vote on Taxes Act", which prohibits the levy of any new assessments or increase in existing assessment rates without property owner approval. The local agency must distinguish between general and direct benefit and shall only assess for direct benefit. At that time parks were considered to be a City Council March 15, 2011 Page 2 general benefit. 4. On July 1, 1997, the City discontinued assessments for park maintenance operations. The park maintenance program is currently funded through the general fund. 5. On March 16, 1999, the City Council adopted Resolution No. 99-3737 extending the duration of the Lighting District for an additional 20 years through 2019. 6. On March 4, 2011, the City received a Proposal for Assessment Engineering Services for the Citywide Lighting and Maintenance District for Fiscal Year (FY) 2011-12, FY 2012-12, and FY 2013-14 from Harris & Associates. ANALYSIS: Annually, the City Council determines the Lighting and Maintenance District assessment rates, which provide funding for citywide street lighting, tree maintenance, and traffic signal maintenance programs. Pursuant to the 1972 State Lighting and Landscape Act, an engineer's report must be prepared for each Fiscal Year (FY) in which assessments are levied and collected for the City's Lighting and Maintenance District. The engineer's report identifies eligible program expenditures, establishes the Districts operating budget, updates individual property assessments, and documents the City's compliance with all applicable laws. Staff has prepared the appropriate resolution ordering the engineer's report for Council's review and adoption. In previous years the City has used the services of Harris & Associates to prepare the engineer's report for the Lighting and Maintenance District. Harris & Associates has submitted a proposal for Assessment Engineering Services for the Lighting and Maintenance District. The fee for the engineering services remains at its current level of $8,500 per year for the next three years. If the City Council accepts the proposal from Harris & Associates, a Consultant Services Agreement will be brought back for approval. CONCLUSION: The City Council is requested to adopt Resolution No. 11-4725 ordering the required engineer's report for the City's Lighting and Maintenance District for FY 2011-12 and to accept the proposal from Harris & Associates for Assessment Engineering Services. FISCAL IMPACT: The City Council as part of the Fiscal Year (FY) 2010-11 City Budget approved an appropriation of $9,000 for the engineering work and related report. City Council March 15, 2011 Page 3 ATTACHMENTS: A. Resolution No. 11-4725 B. Harris & Associates Proposal for Assessment Engineering Services for the Citywide Lighting and Maintenance District for FY 2011-12, FY 2012-13, and FY 2013-14 RESOLUTION NO. 11-4725 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING THE ENGINEER'S REPORT REQUIRED TO LEVY THE LIGHTING AND MAINTENANCE DISTRICT ANNUAL ASSESSMENTS FOR FISCAL YEAR 2011/2012 WHEREAS, on June 19, 1979, the City Council of the City of Temple City adopted Resolution No. 79-1825 creating the Citywide Lighting Assessment District, pursuant to the State of California Lighting and Landscape Act of 1972, as contained in Division 15 of the Streets and Highways Code of the State of California; and WHEREAS, the City Council, on May 7, 1991, adopted Resolution No. 91-3048 amending the existing Citywide Lighting Assessment District to include a maintenance zone, thereby creating the Temple City Lighting and Maintenance District for the purpose of funding other eligible programs, including traffic signal and tree maintenance services; and WHEREAS, the City Council, on March 16, 1999, adopted Resolution No. 99-3737 extending the duration of the Camellia Lighting District for an additional 20 years through 2019, per §18062 of the Streets and Highways Code of the State of California; and WHEREAS, the Lighting and Landscape Act of 1972 requires the preparation of an engineer's report to determine and adjust annual assessment rates for the Lighting and Maintenance District. NOW THEREFORE, the City Council of the City of Temple City does hereby resolve as follows: SECTION 1. The engineering firm of Harris and Associates, or another qualified engineering firm as selected by the City, is hereby ordered to prepare and appropriately file the engineer's report required to determine and adjust the City of Temple City Lighting and Maintenance District assessments for fiscal year 2011/2012 in accordance with Article 4 of the Lighting and Landscape Act of 1972. SECTION 2. The engineer's report shall reflect provisions and related assessment rate adjustment in compliance with Proposition 218, also referred to as "The Right to Vote on Taxes Act," as approved by the voters of the State of California on November 5, 1996. SECTION 3. The report shall be titled: "Engineer's Report for the City of Temple City Lighting and Maintenance District Fiscal Year 2011/2012 Assessments." SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 11-4725 March 15, 2011 Page 2 PASSED, APPROVED, AND ADOPTED on this 15th day of March 2011. MAYOR ATTEST: City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 11-4725, was adopted by the City Council of the City of Temple City at a regular meeting held on the 15th day of March 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Harris & Associates, Shaping the Future, One Project at a Time March 4, 2011 Ms. Monica Molina Financial Services Manager City of Temple City 9701 Las Tunas Dr Temple City, CA 91780 Re: Proposal for Assessment Engineering Services for the Citywide Lighting and Maintenance District for FY 2011.12, FY 2012-13, and FY 2013-14 Dear Monica, Per the City's Request we are providing this proposal for Assessment Engineering Services for the City's Lighting and Maintenance District. These services include the annual administration and levy services for the next 3 years starting with FY 2011-12 for the City's existing Lighting and Maintenance District previously established pursuant to the Landscaping and Lighting Act of 1972. Attached please find an Exhibit A, for attachment to a mutually agreeable contract, showing our proposed Scope of Services, Schedule, Project Team and Estimated Fees. Our team looks forward to continuing our working relationship with the City of Temple City. We would welcome the opportunity to further discuss our proposal if you have any questions or comments. Sincerely, Harris & Associates Joan E. Cox, PE Vice President Manager of Financial Engineering Q:IProposalsltemple citylLLMD Adminlllmd admn 11-12 to 13-14 4marll.doc 34 Executive Park, Suite 150, Irvine, California 92614 (949) 655-3900 FAX (949) 655-3995 www.harris-assoc.com EXHIBIT A City of Temple City March 4, 2011 Proposal for Assessment Engineering Services Citywide Lighting and Maintenance District — FY 201'1.12, FY 2012-13, and FY 2013-14 Page 1 of 3 Scope of Services Annual Administration ! Assessment Levy Services Provisions of the Landscaping and Lighting Act of 1972 will be used in completing the work. This scope of work is based on the assumption that there will be no increases in assessment rates as defined by Article XIIID of the California Constitution (Proposition 218) and the Proposition 218 Omnibus Implementation Act. Additionally, this scope assumes that one (1) Engineer's Report will be provided. 1. Research. Obtain all available information from the City regarding the district, including the current assessment databases, electronic map files from the City, a listing of projected expenditures and revenues and any additional information. Update the current database files with the latest Assessor's parcel numbers and land use information. 2. Meetings and Coordination. Meet with City staff to review the district, receive budgets and confirm schedule; conduct one status meeting in conjunction with the draft Engineer's Report and one for the final Engineer's Report, if required; attend the City Council meetings considering the Resolutions of Intention and the public hearings, and provide technical support and answer questions. Total of up to five (5) meetings. 3. Engineer's Report. Prepare the Engineer's Report setting the annual assessment rates for the next fiscal year based on budget estimates from City. Furnish up to three (3) copies of the draft Report for review and comment. Furnish one electronic copy in PDF form, up to twenty (20) copies of the finalized Report and one copy of the Preliminary Assessment Roll for processing and filing. 4. Submittal to County. After confirmation of assessments, prepare an Assessment Roll in electronic format, as required by the County Auditor -Controller for inclusion of assessments on the property tax bills. Submit the roll to the County and, after receipt of the County's exception report, make any required corrections. Deliver up to two (2) hard copies of the accepted Assessment Rolls to the City and a copy of the electronic file. The following is a preliminary schedule for the annual assessment levy proceedings, which shows a public hearing for the annual assessments being held in late June. This schedule may be revised as needed by the City. Preliminary Annual Assessment Levy Process Schedule Task Notice to Proceed / Initial Meeting Est. Date mid Mar -11 Feb I Marl Apr ■ May Jun Jul Aug Research and Database Update late Mar -11 Receive Budgets from City late Mar -11 Draft Engineer's Reports early Apr -11 Review comments with City mid Apr -11 Final Engineer's Reports early May -11 Resolution of Intention 17 -May -11 1 Public Hearing 21 -Jun -11 1 Submittal to County by10-Aug-11 Q:1Proposalsltemple city\LLMD Admin111md admen 11-12 l0 13-14 4marl l.doc Harris & Associates- EXHIBIT A City of Temple City March 4, 2011 Proposal for Assessment Engineering Services Citywide Lighting and Maintenance District — FY 2011-12, FY 2012-13, and FY 2013-14 Page 2 of 3 Responsibilities of the City • Secure qualified legal counsel to provide legal advice to the City and Assessment Engineer. • Provide resolutions required by the City Council and all legal notices, and schedule and agendize City Council meetings and hearings as required under the Act. • Provide the Assessment Engineer with budgets for all improvements to be maintained. • Provide access to records and data for land use data, including electronic map files, and any other pertinent information. Project Team Each of our team members has extensive assessment engineering and special financing experience. They thoroughly understand the provisions and implications of Prop. 218, and have provided special and general benefit analyses for all types of improvements. Additionally, this team successfully levied over $56.6 million in assessments, fees and taxes on approximately one million parcels for the FY 2010-11 proceedings. Project Manager - Joan E. Cox, PE will be the project manager and will be responsible for coordinating all aspects of the project, maintaining a close liaison with the City and ensuring the City satisfaction with the services. She will be the main point of communication between the project team and the City and will direct the activities of the project. Ms. Cox is a registered Professional Engineer in the State of California and has over 30 years of assessment and financial engineering experience consulting to cities, counties and special districts throughout the State of California. She has assisted agencies with the analysis of special benefit from various types of improvements, in accordance with the requirements of Article X1IID of the Califomia State Constitution (Proposition 218). She has prepared Engineer's Reports and Assessment Diagrams, and has assisted with presentations to City Councils and property owners, the preparation and mailing of notices and ballots, and ballot tabulation. Throughout her 30 years of experience, Ms. Cox has developed a reputation for providing complete and thorough reports, and meeting project deadlines and legally required timeframes. Project Analyst - Carol J. Hill is responsible for the technical aspects of the annual administration and formation processes, and will provide technical support for the project. This includes researching and updating the current database with the new Assessor's data, providing database analysis and summary information, processing the assessment notices and ballots, and coordinating with the County Auditor -Controller's offices for assessment submittals for inclusion on the property tax bills. Ms. Hill has 9 years of experience and has also been involved in the preparation and updating of Assessment Diagrams and Boundary Maps using AutoCAD and ArcG1S applications. Q:1Proposalsltemple city\LLMD Adminlllmd admn 11-12 to 13-14 4mar11.doc Harris & Associates. EXHIBIT A City of Temple City March 4, 2011 Proposal for Assessment Engineering Services Citywide Lighting and Maintenance District — FY 201142, FY 2012.13, and FY 2013-14 Page 3 of 3 Proposed Fee Based upon our understanding of the scope of services and our experience on similar projects, Harris & Associates will provide these services for a lump sum fee of $8,500 per year for the next three years. Additional Services will be performed for a mutually agreeable fee and in accordance with our current schedule of the hourly rates Most indirect expenses (such as mileage, duplicating and postage) are included in the lump sum fees shown above, except as noted. Invoices for these services will be submitted monthly for services provided in the previous month and shall be paid within 30 days of receipt. Q:\Proposals\temple city\LLMD Admin111md admn 11-12 to 13-14 4marll.doc H! Hams & Associates.