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CC 2024-06-25_10c Directing the Levy Annual Assessment DistrictsItem 10.c. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director SUBJECT: Adoption of Resolutions Directing the Levy of the Annual Assessments for the Parkside Village and Grace Lane Assessment Districts and the Arroyo Grande Landscaping and Lighting Assessment District No. 1, Within Tract 1769, for Fiscal Year 2024-2025 DATE: June 25, 2024 RECOMMENDATION: 1) Conduct a public hearing for the levy and collection of assessments for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1 within Tract 1769; 2) Adopt a Resolution directing the levy of the annual assessment for the Parkside Village Assessment District pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections 22500 et. seq.) for Fiscal Year 2024-25; 3) Adopt a Resolution directing the levy of the annual assessment for the Grace Lane Assessment District pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections 22500 et. seq.) for Fiscal Year 2024-25; and 4) Adopt a Resolution directing the levy of the annual assessment for the Arroyo Grande Landscaping and Lighting Assessment District No. 1 within Tract 1769, pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections 22500 et. seq.) for Fiscal Year 2024-25. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: By adopting the Resolutions, $56,298 will be collected for Fiscal Year 202 4-25 for the three assessment districts to provide landscaping and other specified maintenance. The assessments are placed on the affected property owner’s property tax bill each year. BACKGROUND: At the May 28, 2024, City Council meeting, the City Council approved the Engineer’s Reports and adopted Resolutions declaring its intention to levy and collect assessments for the Parkside Village Assessment District, Grace Lane Assessment District, and the Arroyo Grande Landscaping and Lighting Assessment District No. 1 within Tract No. 1769, and setting a public hearing for June 25, 2024. The anticipated assessments are as follows: Page 256 of 267 Item 10.c. City Council Adoption of Resolutions Directing the Levy of the Annual Assessments for the Parkside Village and Grace Lane Assessment Districts and the Arroyo Grande Landscaping and Lighting Assessment District No. 1, Within Tract 1769, for Fiscal Year 2024-2025 June 25, 2024 Page 2  For the Parkside Village Assessment District, the proposed annual assessments are $446 or $734 per parcel for a total of $43,966 annually.  For the Grace Lane Assessment District, the proposed annual assessments are $460 for 19 parcels and $148 for 4 parcels ($8,740 + $592) for an annual total of $9,332.  For the Landscaping and Lighting Assessment District No. 1, within Tract 1769, the total proposed annual assessment is $100 per parcel for an annual total of $3,000. ANALYSIS OF ISSUES: The California Streets and Highways Code Sections 22500 et seq., (California Landscape and Lighting Act of 1972) (Act), establishes one of the processes by which local governmental agencies form assessment districts to finance the costs and expenses of landscaping and lighting public areas. The final process includes a public hearing, which allows all interested parties to hear and be heard. After the public hearing, the City Council may adopt Resolutions (Attachments 1, 2, and 3) confirming the assessments, which constitute the levy of the assessments for the 2024-25 fiscal year. Upon fulfilling these requirements, the City must submit the Resolutions to the County of San Luis Obispo for inclusion of the assessments on the Fiscal Year 2024-25 property tax roll. The fees collected for each assessment district fund items such as monthly landscape maintenance, annual fire suppression/fuel reduction, savings for anticipated drainage structure maintenance and improvements, and general landscaping cleanup projects, as needed. Section 4 of each associated Engineer’s Report provides a description of improvements Residents in the Parkside Village Assessment District have requested the replacement of the existing playground equipment and other improvements in the park area of that district. Staff agrees that the condition of the playground necessitates replacement. As part of the Capital Improvement Project process, Staff has begun coordination meetings with residents intended to obtain consensus for the general project request, then user needs, and conceptual design points. Using the results of these neighborhood meetings, a more focused conceptual design and cost estimates will be developed and reviewed to create a preliminary project before the bidding and awarding of the project. This project is not anticipated to increase assessment fees and costs are expected to be well with the district’s total budget. Additionally, the annual engineer’s evaluation and report for the Parkside Village Assessment District for Fiscal Year 2024-25 analyzed this maintenance project to existing improvements/the playground area. The engineer's report found the cost and replacement reasonable and needed. Page 257 of 267 Item 10.c. City Council Adoption of Resolutions Directing the Levy of the Annual Assessments for the Parkside Village and Grace Lane Assessment Districts and the Arroyo Grande Landscaping and Lighting Assessment District No. 1, Within Tract 1769, for Fiscal Year 2024-2025 June 25, 2024 Page 3 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt Resolutions approving the levy to collect the annual assessments for the Parkside Village Assessment District, Grace Lane Assessment District and Arroyo Grande Landscaping and Lighting Assessment District No. 1 within Tract 1769 for Fiscal Year 2024-25; or 2. Modify and adopt the Resolutions; or 3. Provide staff other direction. ADVANTAGES: Adoption of the Resolutions will be in compliance with the Act and allow the City to move forward with the process to collect assessments and perform the work identified in the Engineer’s Report for each assessment district. DISADVANTAGES: No disadvantages for the proposed actions have been identified for this fiscal year. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. The Resolutions adopted by the City Council on May 28, 2024, declaring its intention to levy and collect annual assessments for all three (3) Assessment Districts in Fiscal Year 2024-25 were published in The New Times on Friday, June 14, 2024. ATTACHMENTS: 1. Proposed Resolution – Parkside Village 2. Proposed Resolution – Grace Lane 3. Proposed Resolution – District 1, Tract 1769 Page 258 of 267 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED TO THE PARKSIDE VILLAGE ASSESSMENT DISTRICT FOR FISCAL YEAR 2024-2025 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 (“District”) under Part 2 of Division 15 of the California Streets and Highways Code 22500- 22679 (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 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 Farroll 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 improvement including the water separator on Lot 25 and French drain)s) along the East boundary of Tract 2310-2; and WHEREAS, the City Council, at its meeting of May 28th, 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 District. WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, an Engineer’s Report entitled Parkside Village Assessment District Fiscal Year 2024-25, (“Engineer’s Report”) has been prepared and filed with the City Clerk and approved by the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, and the boundaries of the proposed assessments upon assessable lots and parcels of land. 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. That the City Council hereby declares that it is its intention to seek the annual levy ATTACHMENT 1 Page 259 of 267 RESOLUTION NO. PAGE 2 of assessments for the District pursuant to Streets and Highways Code Chapter 3, Section 22624 et seq., over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 202 4-2025 within the boundaries of the District described herein and in more detail within the Engineer’s Report. 3. The improvements to be maintained are specified in the Engineer’s Report, no substantial changes are proposed to be made to the existing improvements and the assessment is not proposed to increase from the prior year. 4. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of assessments for the improvements related thereto in accordance with Streets and Highways Code Section 22628. 5. That notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, June 25, 2024 at 6:00 p.m. or as soon thereafter as feasible at the City Council Chambers, 215 E. Branch Street, Arroyo Grande, California, 93420 or via teleconference as follows: Zoom Meeting: https://us02web.zoom.us/j/86752345420; or by Telephone: 1-669-900-6833; 1-346- 248-7799. 6. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of notices. 7. That the action is categorically exempt from the California Environmental Quality Act under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (State CEQA Guidelines, § 15302.) On motion of Council Member ______________, seconded by Council Member ________________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Page 260 of 267 RESOLUTION NO. PAGE 3 The foregoing Resolution was passed and adopted this 25th day of June, 2024. 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 Page 261 of 267 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED TO THE GRACE LANE ASSESSMENT DISTRICT FOR FISCAL YEAR 2024-2025 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 (“District”) under Part 2 of Division 15 of the California Streets and Highways Code sections 22500-22679 (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 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 improvement for Lots 16 through 19; and WHEREAS, the City Council, at its meeting of May 28th, 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 District; and WHEREAS the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, an Engineer’s Report entitled Grace Lane Assessment District Fiscal Year 2024-25, (“Engineer’s Report”) has been prepared and filed with the City Clerk and approved by the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the assessment District, and the proposed assessments upon assessable lots and parcels of land within the District. 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. ATTACHMENT 2 Page 262 of 267 RESOLUTION NO. PAGE 2 2. That the City Council hereby declares that it is its intention to seek the annual levy of assessments for the District pursuant to Streets and Highways Code section 22624 et seq., over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2024-2025 within the boundaries of the District described herein and in more detail within the Engineer’s Report. 3. That the improvements to be maintained are specified in the Engineer’s Report, no substantial changes are proposed to be made to the existing improvements and the assessment is not proposed to increase from the prior year. 4. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of proposed assessments for the improvements related thereto in accordance with Streets and Highways Code section 22628 et seq. 5. That notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, June 25th, 2024 at 6:00 p.m. or as soon thereafter as feasible at the City Council Chambers, 215 E. Branch Street, Arroyo Grande, California, 93420 or via teleconference as follows: Zoom Meeting: https://us02web.zoom.us/j/86752345420; or by Telephone: 1-669-900-6833; 1-346- 248-7799. 6. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of notices. 7. That the action is categorically exempt from the California Environmental Quality Act under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (State CEQA Guidelines, § 15302.) On motion of Council Member __________________, seconded by Council Member _________________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Page 263 of 267 RESOLUTION NO. PAGE 3 The foregoing Resolution was passed and adopted this 25th day of June 2024. 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 Page 264 of 267 ATTACHMENT 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED TO THE ARROYO GRANDE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769, FOR FISCAL YEAR 2024-2025 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 (“District”), within Tract 1769, under Part 2 of Division 15 of the California Streets and Highways Code sections 22500-22679 (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, improvements in the District include but are not limited to: landscaping and ornamental vegetation in the public rights of way; and WHEREAS, the City Council, at its meeting of May 28th, 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 District. WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, an Engineer’s Report entitled Parkview, Landscaping District 1 Tract 1769 Fiscal Year 2024-25, (“Engineer’s Report”) has been prepared and filed with the City Clerk and approved by the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the assessment District, and the proposed assessments upon assessable lots and parcels of land within the District. 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. That the City Council hereby declares that it is its intention to seek the annual levy of assessments for the District pursuant to Streets and Highways Code section 22624 et seq., over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2024-2025 within the boundaries of the Page 265 of 267 RESOLUTION NO. PAGE 2 District described herein and in more detail within the Engineer’s Report. 3. The improvements to be maintained are specified in the Engineer’s Report, no substantial changes are proposed to be made to th e existing improvements and the assessment is not proposed to increase from the prior year. 4. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of proposed assessments for the improvements related thereto in accordance with Streets and Highways Code section 22628 et seq. 5. That notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, June 25, 2024 at 6:00 p.m. or as soon thereafter as feasible at the City Council Chambers, 215 E. Branch Street, Arroyo Grande, California, 93420 or via teleconference as follows: Zoom Meeting: https://us02web.zoom.us/j/86752345420; or by Telephone: 1-669-900-6833; 1-346- 248-7799. 6. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of notices. 7. That the action is categorically exempt from the California Environmental Quality Act under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially t he same purpose and capacity as the structure replaced. (State CEQA Guidelines, § 15302.) On motion of Council Member _____________, seconded by Council Member ________________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 25th day of June 2024 Page 266 of 267 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 Page 267 of 267