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CC 2024-05-14_09e Adopt Ord - Assessment Districts MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director SUBJECT: Consider Adoption of Resolutions Ordering the Preparation and Filing of District, Grace Lane Assessment District, and Landscaping and Lighting District No. 1, Within Tract 1769, for Fiscal Year DATE: May 14, 2024 RECOMMENDATION: 1) Adopt Resolutions -25; and 2) Determine to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: For Fiscal Year (FY) 2024-25 the total budgets for the three subject Assessment Districts are proposed to be: Parkside Village Assessment District $ 284,680 Grace Lane Assessment District $ 16,135 Landscaping and Lighting Assessment District No. 1 (Tract 1769) $ 7,100 BACKGROUND: The California Landscape and Lighting Act of 1972 (California Streets and Highways assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas. Accordingly, the City formed the following three separate assessment districts in compliance with the Act: Item 9.e. City Council Consider Adoption of Resolutions Ordering the Preparation and Filing of Annual District, Grace Lane Assessment District, and Landscaping and Lighting District No. 1, Within Tract 1769, for Fiscal Year May 14, 2024 Page 2 Tract Number Assessment District Name Date formed Tract 2310 Parkside Village Assessment District November 8, 2005 Tract 2236 Grace Lane Assessment District November 28, 2006 Tract 1769 LLD No. 1 (Tract 1769) May 12, 1992 The Act requires that the City complete the following process each fiscal year in order to levy and collect assessments: 1. Adopt a Resolution describing any proposed new improvements or any substantial changes in existing improvements and ordering preparation and filing of an 2. levy and collect assessments under the subject assessment districts for the upcoming fiscal year. It also states whether the assessment is proposed to change from the previous year and sets a date, hour, and place for a public hearing. 3. Conduct the public hearing affording all interested parties the opportunity to hear and be heard. 4. Adopt a Resolution confirming the assessment, which constitutes the levy of the assessments for FY 2024-25. Upon fulfillment of these requirements, the City must submit the Resolution confirming the assessments to the County of San Luis Obispo for inclusion on the FY 2024-25 property tax roll. ANALYSIS OF ISSUES: The first step in the statutorily prescribed process contained in the Act requires that the City adopt a Resolution describing any proposed new improvements or any substantial Report. The subject assessment districts are largely responsible for covering expenses related to maintaining the public landscaping within the defined boundaries of the separate districts. No new improvements or substantial changes in existing improvements are proposed for the Grace Lane or Tract 1769 Assessment Districts for FY 2024-25. However, the Parkside Village Assessment District replacement. This smaller pocket park playground, which is on Parkside Village property, is not considered a new improvement since it is replacing an older playground and is not considered a substantial change to existing improvements since the size of the park will remain the same and will not be expanded. Parkside has a fund balance of $489,296 as of June 30, 2023 to accommodate a project of this size. Staff has communicated with a Item 9.e. City Council Consider Adoption of Resolutions Ordering the Preparation and Filing of Annual District, Grace Lane Assessment District, and Landscaping and Lighting District No. 1, Within Tract 1769, for Fiscal Year May 14, 2024 Page 3 representative of the Parkside neighborhood to begin developing expectations of the playground project. Further neighborhood consensus building will begin in the next few months. Staff will work with the consulting engineer to develop an estimated cost. ALTERNATIVES: 1. Adopt Resolutions ordering the preparation and filing of Annual Engineers Reports for the Parkside Village Assessment District, Grace Lane Assessment District and Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2024-25; 2. Modify and adopt the Resolutions; 3. Do not adopt the Resolutions; or 4. Provide other directions to staff. ADVANTAGES: Adoption of the Resolutions describing the existing improvements and ordering the eport will comply with California Streets and Highways Code, Section 22622 and is the first step required in the levy of assessments. DISADVANTAGES: No disadvantages for this proposed action have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Adopting the resolutions is not a project to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: Government Code Section 54954.2. ATTACHMENTS: 1. Proposed Resolution Grace Lane 2. Proposed Resolution Parkside Village 3. Proposed Resolution Landscaping and Lighting District No. 1 Tract 1769 Item 9.e. ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEERS REPORT FOR THE GRACE LANE ASSESSMENT DISTRICT FOR FISCAL YEAR 2024-2025 WHEREAS, the owner (Vista Roble, LLC) of Lots 1 through 19, Tract 2236, petitioned the City to form a maintenance assessment district, commonly referred to as the Grace Lane Assessment District to provide a means to finance the costs of maintenance, operation, and service of certain specified improvements; and WHEREAS, on November 28, 2006, the City Council of the City of Arroyo Grande adopted Resolution No. 3976 ordering the formation of the Grace Lane Assessment District under Part 2 of Division 15 of the California Streets and Highways Code section 22500 et seq. (Landscape and Lighting Act of 1972), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and WHEREAS, the said improvements in the Grace Lane Assessment District include, but are not limited to: 1) a pedestrian trail across the open space property (Lot B) including, but not limited to, the existing informal hiking trail currently passing through Lot B, signage, fencing; 2) common areas and facilities, including but not limited to the open space parcels and drainage facilities; 3) open space and maintenance thereof in accordance with fuel modification specifications as described in Mitigation Measure No. 15 in Resolution No. 3732 of the City Council of the City of Arroyo Grande; and 4) a private drive and associated improvements for Lots 16 through 19; and WHEREAS, in order to levy and collect an annual assessment for the Grace Lane Assessment District, it is necessary for the City to comply with Streets and Highways Code, Section 22620 et seq.; and WHEREAS, Streets and Highways Code Section 22622 requires the City to adopt a Resolution that generally describes any proposed new improvements or any substantial changes in existing report; and WHEREAS, the City Council, at its meeting of May 14 2024, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for the Grace Lane Assessment District; and WHEREAS, this Resolution is not a project subject to the California Environmental RESOLUTION NO. PAGE 2 reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. Pursuant to Streets and Highways Code Section 22622, the City Council determines that no new improvements or any substantial changes in existing improvements are proposed within the boundaries of the Grace Lane Assessment District in Fiscal Year 2024-25. 3. The City Council orders the preparation and filing of an EReport for the Grace Lane Assessment District in accordance with Streets and Highways Code Section 22565 et seq. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: th The foregoing Resolution was passed and adopted this 14 day of May, 2024. RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY ATTACHMENT 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEERS REPORT FOR THE PARKSIDE VILLAGE ASSESSMENT DISTRICT FOR FISCAL YEAR 2024-2025 WHEREAS, the owner (Parkside Village, LLC) of Lots 1 through 67, Tract 2310, requested the City form an assessment district, commonly referred to as the Parkside Village Assessment District to provide a means to finance the costs of maintenance, operation, and service of certain specified improvements; and WHEREAS, on November 8, 2005, the City Council of the City of Arroyo Grande adopted Resolution No. 3888 ordering the formation of the Parkside Village Assessment District under Part 2 of Division 15 of the California Streets and Highways Code section 22500 et seq. (Landscape and Lighting Act of 1972), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and WHEREAS, the said improvements in the Parkside Village Assessment District include but are not limited to: landscaping bordering Farroll Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12 and 13 of Phase 1, mini park pedestrian pathway easement and drainage basin; fencing, gates and walls bordering Farrol Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12 and 13, park and drainage basin; the pathway easement, lighting and all improvements between lots 1, 2, and 3 between Dixson Street and the mini park, the mini park and all improvements to include walkways, play area, benches and basketball court on Lot 24; the drainage retention basin and all improvements including the water separator on Lot 25 and French drains along the East boundary of Tract 2310-2; and WHEREAS, in order to levy and collect an annual assessment for the Parkside Village Assessment District, it is necessary for the City to comply with Streets and Highways Code, Section 22620 et seq.; and WHEREAS, Streets and Highways Code Section 22622 requires the City to adopt a Resolution that generally describes any proposed new improvements or any substantial report; and WHEREAS, the City Council, at its meeting of May 14, 2024, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for the Parkside Village Assessment District; and RESOLUTION NO. PAGE 2 WHEREAS, this Resolution is not a project subject to the California Environmental reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. Pursuant to Streets and Highways Code Section 22622, the City Council determines that no new improvements or any substantial changes in existing improvements are proposed within the boundaries of the Parkside Village Assessment District in Fiscal Year 2024-25. 3. The City Council orders the preparation and filing of an EReport for the Parkside Village Assessment District in accordance with Streets and Highways Code Section 22565 et seq. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: th the foregoing Resolution was passed and adopted this 14 day of May 2024. RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY ATTACHMENT 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEERS REPORT FOR THE ARROYO GRANDE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769, FOR FISCAL YEAR 2024-2025 WHEREAS, the property owners of Arroyo Grande, Tract 1769, petitioned the City to form a landscaping and lighting assessment district, commonly referred to as Landscaping and Lighting Assessment District No. 1, within Tract 1769, to provide means to finance the costs of maintenance, operation, and service of certain specified improvements; and WHEREAS, on May 12, 1992, the City Council of the City of Arroyo Grande adopted Resolution No. 2932 ordering the formation of Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, under Part 2 of Division 15 of the California Streets and Highways Code section 22500 et seq. (Landscape and Lighting Act of 1972), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and WHEREAS, said improvements in the Landscaping and Lighting Assessment District No. 1 include but are not limited to: landscaping and ornamental vegetation in the public rights of way; and WHEREAS, in order to levy and collect an annual assessment for Landscaping and Lighting Assessment District No. 1, it is necessary for the City to comply with Streets and Highways Code, Section 22620 et seq.; and WHEREAS, Streets and Highways Code Section 22622 requires the City to adopt a Resolution that generally describes any proposed new improvements or any substantial report; and WHEREAS, the City Council, at its meeting of May 14, 2024, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for Landscaping and Lighting Assessment District No. 1, within Tract 1769; and WHEREAS, this Resolution is not a project subject to the California Environmental reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) RESOLUTION NO. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. Pursuant to Streets and Highways Code Section 22622, the City Council determines that no new improvements or any substantial changes in existing improvements are proposed within the boundaries of Landscaping and Lighting Assessment District No. 1, within Tract 1769 in Fiscal Year 2024-25. 3. The City Council orders the preparation and filing Landscaping and Lighting Assessment District No. 1, within Tract 1769, in accordance with Streets and Highways Code Section 22565 et seq. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: th The foregoing Resolution was passed and adopted this 14 day of May 2024. RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY