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HomeMy Public PortalAbout07) 7C Reso. 17-5238 Lighting and Maintenance District Assessment rates for FY 2017-18AGENDA ITEM 7.C. ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE: March 7, 2017 TO : Th e Ho norab le Ci ty Cou nci l FROM: Brya n Cook , City Ma nager By: Tracey L. Hause , A dministrative Services Director SUBJECT : ADOPTION OF RESOLUTION NO. 17-5238 ORDERING THE ENGINEER'S REPORT TO ESTABLISH LIGHTING AND MAINTENANCE DISTRICT ASSESSMENT RATES FOR FISCAL YEAR (FY) 2017-18 RECOMMENDATION: Th e C ity Cou nci l is requested t o adopt Resolution No. 17-5238 (Attachme nt "A ") o rd e rin g th e pre pa rati on of th e Lightin g a nd M ai nte nan ce Assessment District An nua l Eng i neer's Repo rt (E ngin eer's Repo rt) f o r FY 2017-18. BACKGROUND: 1. On June 19, 1979 , t he City Co un c il adopted Resolution No. 79-1825 creating the Citywide Lighti ng Assessmen t Di strict pursuant t o the State of California Lighting a nd Landscape A ct of 1972. 2. On May 7, 1991, t he City Co un ci l adopted Reso lution No . 91-3048 amending the existing Citywide Li ghting Assess me nt District to incl ude a ma intenance zone, t hereby crea t ing th e Temple City Li g ht in g and Ma inte nance District for t he purpose of fu nd in g oth er e li gible prog ra ms, incl udi ng traffic s ignal and t re e maintenance services . 3 . O n Novembe r 5, 1996, Ca liforni a vote rs approved Proposition 218, also known as "The Rig ht to Vote on Taxes Act ", w hich pro hibits the le vy of any new assessments o r in c rease in existi ng assessme nt rates w ithout property owner approva l. The local agency m ust distinguish between general and direct benefit and sha ll o nl y assess fo r direct benefit. At tha t ti me parks w e re considered to be a general be nefit. 4 . On July 1, 1997 , the Ci ty d isco ntin ued assessments for park maintenance opera ti o ns . Th e pa rk mai nte na nce prog ram is currently funded through the Ge ne ra l Fund . City Council March 7 , 2017 Page 2 of 3 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 February 14 , 2013, the City issued a Request for Qualifications (RFQ) for Lighting and Landscape District Assessment services . 7 . On March 1, 2013 , the City received two Statements of Qualifications from David Taussig & Associates , Inc . and Harris & Associates which included a cost to complete the services of $15 ,000 and $8 ,500 respectively . 8 . On March 19 , 2013, the City Council , with their action of ordering the preparation of the Engineer's Report for the City's Lighting and Maintenance District for FY 2013-14 , approved the use of Harris & Associates for report preparation . 9 . On February 4 , 2014 , th e City Council , with their action of ordering the preparation of the Engineer's Report for the City's Lighti ng and Ma i ntenance Distric t for FY 2014-15 , approved the use of Harris & Associates for report preparation. 10. On February 3, 2015 , the City Council , with the i r action of ordering the preparation of the Engineer's Report for the City's Lighting and Maintenance District for FY 2015-16, approved the use of Harris & Associates for report preparation . 11 . On February 16 , 2016 , the City Council , with their action of ordering the preparation of the Engineer's Report for the City 's Lighting and Maintenance District for FY 2016-17 , approved the use of Harris & Associates for report preparation . 12 . On January 31, 2017 , the City received a proposal from Harris and Associates for report preparation for FY 2017-18 (Attachment "8 "). The scope of services of the Harris & Associates Consulting Services Agreement provided for a lump sum fee of $8 ,500 , plus a not to exceed amount of $750.00 per year for reimbursable expenses related to the insurance endorsements required by the City . ANALYSIS: Pursuant to the 1972 State Lighting and Landscape Act, an engineer's report must be prepared for each fiscal year in which assessments are levied and collected for the City's Lighting and Maintenance District (District). The Engineer's Report identifies eligible program expenditures , establishes the District's operating budget , updates individual property assessments , and documents the City's compliance w ith all applicable laws. Staff has prepared the appropriate resolution ordering the Engineer's Report for City Council's review and adoption . In prev ious years , the City has utilized Harris & Associates to complete this Engineer's Report and provide other similar assessment services . However, staff was aware of the --------------------------·---- City Council March 7 , 2017 Page 3 of 3 City Council's desire to solicit for proposals of qualifications for these services periodically (i .e ., every five years) to ensure competitive pricing and quality services. Since it was anticipated th e scope of services would be less than $25 ,000 , staff requested informal RFQ in accordance with th e City's Pu rc hasing Ordinance in February, 2013 . Harris and Associates prov ided a competitive quote of $8 ,500 . As a result of their competitive cost and qual ity of work , staff negotiated and execu ted a Consulting Services Agreem e nt with Harris & Associate to comp lete the Engineer's Re port for FY 2013-14, FY 2014 -15 , FY 20 15-16 and FY 2016 -17 . Staff is recommend i ng the City continue with Harris & Associate s for preparation of the FY 2017-18 Engineer's Report. Staff will plan to co mplete a RFQ process in early 2018 calendar year. CITY STRATEGIC GOALS: Adoption of Reso lution No . 17 -5238 ordering th e required Engineer's Report for the City's Lighting and Mainten an ce District fo r FY 2017-18 , will further the City's Strategic Goal to promote Good Governance . FISCAL IMPACT: The City Council , as part of the FY 2016-17 City Budget, approved an appropriation of $9 ,000 for the engineering work and related report . ATTACHMENT: A. Resolution No . 17-5238 B . Proposal for Assessment Engineering Services for Citywide Landscape and Lighting District for FY 2017-18 ATTACHMENT A RESOLUTION NO. 17-5238 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 (FY) 2017-18 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 Div ision 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 Cityw ide Lighting Assessment District to include a ma intenance zone , thereby creating the Temple City Lighting and Maintenance District for the purpose of funding other eligible program s , includ ing 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 Light in g 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 & Assoc iates is hereby ordered to prepare and appropriately file the engineer's report required to determine and ad ju st the City of Temple City Lighting and Maintenance Dis trict assessments for FY 2017-18 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 Ta xes 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 FY 2017-18 Assessments ." r----~-----~----- Resolution No . 17-5238 March 7 , 2017 Page 2 of2 SECTION 4. The City Clerk shall certify to the adoption of th is Resolution . PASSED , APPROVED , AND ADOPTED on this 7th day of March , 2017 . Vincent Yu , Mayor ATIEST: City Clerk I, City Clerk of the City of Temple City , hereby certify that the foregoing resolution , Resolution No. 17-5238 was adopted by the City Council of the City of Temple City at a regular meeting held on the 7th day of March , 2017 , by the following vote : AYES: NOES : ABSENT: ABSTAIN : City Clerk January 31, 2017 •• •• Ms. Tracey L. Hause Administrative Services Director City of Temple City 9701 Las Tunas Dr. Temple City, CA 91780 Harris & Associates ... Shaping the Future. One Project ot a Tim e . Re : Proposal for Assessment Engineering Services for the Citywide lighting and Maintenance District for FY 2017-18 Dear Tracey, ATTACHMENT B Per the City's Request we ar e provi ding this proposal for Assessment Engineering Services for the City's Lighting and Ma intenance District. These services i nclude the annual adm inistrati on and levy services for Fiscal Year 2017-18 for t h e City's existing Lighting and Maintenance Dis tri ct previously establ ishe d pursuant to the Landscaping and Lighting Act of 1972. Attached please find an Exhib it A, for attachment to a mutually agreeable contract, showi ng our proposed Scope of Services , Schedule , Project Team and Estimated Fees . Our t eam looks forwa rd to continuing our working relationship with the City of Temple City. We wou ld welcome the opportunity to furth er d is cuss our proposal if you have any questions or comments . Since r ely , Harris & Associates fo:~U-- Vice Pre sident, Public Fi nan ce 22 Executive Park , Suite 200 Irvine , Californi a 92614 (949) 655-3900 fax (949 ) 655-3995 WeAreHarris .com EXHIBIT A City of T e mple City January 31, 2017 Assess ment En gi neering Servic es Citywide lighting a nd Mainte nanc e District -FY 2017-18 Page 1 of 3 Scope of Services Annual Adm inistration I Asses sment levy Services Provisions of the Landsca pi ng and Lighting Act of 1972 will be used in completing the work. This scope of work is based o n the assumption that ther e will be no increases i n assessment rates as defined by Article XI l iD of the California Constitution (Proposition 218) and the Proposition 218 Omnibus Implementation Act. Add it iona lly, this scope assumes that one (1) Engineer's Report will be provided . 1. Res earch . Obtain all avai l able information from the City regard i ng 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 num b ers and land use information. 2. Meeti ngs and Coordination. Meet with City staff to rev iew the district, r ece ive budgets and confirm schedule ; conduct one st atus meet i ng in conjunction with the draft Eng ineer's Report and one for the final Engineer's Report, if requ i red ; attend the City Council meetings considering th e Resolut ions of Intention and the p ublic hearings, and provide technical support and answer quest ions. Total of up to five (5) meetings. 3. Enginee r's Re port. Prepare the Engineer's Report setting the annua l assessment rates for the next fiscal year based on budget estimates from Ci t y. Furnish electronic PDF copies of the draft Report for rev iew and comment. Furnish one elec t ronic copy in PD F form, up to twenty (5) copies of the finalized Report and one copy of the Preliminary Assessment Ro ll for process ing 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 inclus ion of assessments on the property tax bi ll s. Submit the roll to the County and , after re ceipt of the County's exception report, make any required corrections. Deliver up to two (2) bound copies of the accepted Assessment Rolls to the City and a copy of the electron ic file . The following is a pre liminary schedule for the annual assessment levy proceedings , which shows a pub lic hearing for the ann ual assessments being held in late June . This sc h edule may b e revised as needed by the City. Preliminary Annual Assessment Levy Proce ss Sch e dul e EXHIBIT A City of Temple City January 31 , 2017 Assessment Engineering Service s Citywid e lighting and Maintenance Di strict-FY 2017-18 Page 2 of 3 Responsibilities of the City • Secure qualified lega l coun sel to provi de legal ad vice to the City and Assessment Engineer . • Pro vi de resolutions re qu ired by t he City Council and a Illegal notices, and schedu le and agendize City Council meetings and hearings as required und er the Act . • Provid e the Assessmen t Eng inee r with budgets for all improvements to be maintained . • Pro vide access to record s and data for land use data, including electronic map f i les , and any other pertinent info rmation. Project Team Each of our team members has extensive assessment engineering an d spec ial financing experience. They thorough ly understand the provisi ons and i mplication s of Prop . 218, and have p rov id ed special and general benefit analys es for all t y pes of improvements. Asse ss ment Engineer-K. Dennis Klingelhofer, P.E. is a reg istered Professiona l Engi neer in the State of Californ ia an d will be the assessme nt eng inee r. He has over 30 years of assessment and financ ial engineeri ng experience consulting to cities, counti es and special dist r ic ts th roughout th e State of California . He ha s ass isted agencies with the analysis o f special be nefit from vario us types of improvements , in accordance with the requirements of Article XII ID of the California State Constitution {Pro position 218). He has p repare d En ginee r's Rep orts and Assessment Diagra ms, and has assisted with prese ntat ions t o City Co un cil s and property owners, t he prepara t ion and mai li ng of notices and ballots, and ballot tabulation . Project Manager-Carol Hill will be t he project m ana ger and w ill b e respons i ble for coordi nating all aspects of the project, mainta ining a close lia ison with the City and ensur ing the City sat isfact ion with the services. She will be t he main point of commun icat ion between the project team and the City and will di rect the activities of the project. Ms. Hill has over 14 years of assessmen t and finan cial engineeri ng experi ence, and has been res ponsible for the t ec hn ical aspects of Pub li c Financing Districts pu rsuant to the Mun icipal Improvement Act of 1913, th e La nd sca pe a nd Li ghting Act of 1972, Mello-Roos Comm u nity Facil ity Di stri ct s, Fire Supp res sion Assessments, Non -M e llo-Roo s Specia l Tax Dis t ricts, and Rea ssessmen t /Refunding Di str icts per th e 1984 Act, as we ll as property-re l at ed user f ees. Additional staff will be utili zed as necessa ry under the direct su pervision of M s. Hill. Proposed Fee Based upon our understanding of the scope of services and our experi ence on si mil ar projects, Harris & Associates will provide these service s for a lum p sum fee of $8,500 per year plus a n ot to exceed $750 per y ea r fo r reim bursa ble expenses re lated to th e in surance e ndorseme nts requ i red by the City . --------- EXHIBIT A City of Temple City January 31, 2017 Assessment Engineering Services Citywide Lighting and Maintenance District-FY 2017-18 Page 3 of 3 Addition al Serv ices will be p erformed for a mutually agreeable fee and in accordance with our current sche dul e of the hourly ra t es. Most indirect expenses (such as mileage, duplicating and post age) are incl uded i n the l ump sum fees shown above, except as noted . Invoices for these services will be subm itted monthly for ser vices pro vid ed in the previous month and shall be paid w ithin 30 days of rece i pt.