City Council
MEETING DATE: 2/10/2016
TITLE:
Title
Contract for an Assessment Engineer to Evaluate the Cost and Feasibility of a City-wide Landscaping and Maintenance District
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FROM:
Tami E. Scott, Administrative Services Director
RECOMMENDATION:
Authorize staff to engage David Taussig & Associates to provide assessment engineering services and to review the potential formation of a City-Wide Landscape and Maintenance District for the purpose of financing, on an on-going basis, the costs and expenses of constructing street improvements, park development and the maintenance, operation and servicing of improvements, prepare an Engineer’s Report; and authorize the City Manager to enter into and execute a contract with DTA in the amount not to exceed $126,500 consistent with the staff report.
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BACKGROUND:
The City Council directed staff to look at potential methods of generating a long term funding source of stable, annual revenues. These future funds will be used for Capital Improvement Projects providing a public benefit for the residents of Cathedral City. The primary goal is to determine the assessment capacity of the community to maintain its streets. In addition, a variety of projects such as the Festival Park, Dog Park, North City Park, a passive park, pickleball courts, and street improvements could be included.
DISCUSSION:
The Landscape and Lighting Act of 1972 (Streets and Highways Section 22500-22679) allows local governmental agencies to form Landscape and Lighting Maintenance Districts for the purpose of financing the costs and expenses of improvements and maintenance, operation and servicing of improvements. Assessment Districts, as previously discussed, are not as viable an option because unless there is assurance bonds (debt) will be issued, which would be secured by the assessments to finance facilities, the collections of such assessment would have to occur within 30 days of billing, which is not feasible. Collections are not allowed on an annual basis like current assessment districts. If we approach this on a pay-as -you go basis, the Landscape and Lighting Act of 1972 is a better approach.
Improvement means one or any combination of the following:
(a) The installation or planting of landscaping
(b) The installation or construction of statuary, fountains, and other ornamental structures and facilities.
(c) The installation or construction of public lighting facilities, including but not limited to traffic signals.
(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.
(e) The installation of park or recreational improvements, including, but not limited to, all of the following:
(a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
(b) Lights, playground equipment, play courts, and public restrooms.
(f) The maintenance or servicing, or both, of any of the foregoing.
(g) The acquisition of land for park, recreational, or open-space purposes.
(h) The acquisition of any existing improvement otherwise authorized pursuant to this section.
(i) The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvements, including:
(a) Repair, removal, or replacement of all or any part of any improvement.
(b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, and other solid waste.
(d) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
The City would conduct a study, cause the preparation of an engineer’s report and propose the formation of a district and the levy of assessments. Affected property owners are then notified and a public hearing is held. In order to approve the levy of assessments by the district, a majority vote of affected property owners through an assessment balloting procedure is required. Once approved, assessments will be placed on property tax bills each year to pay for the improvements and services.
Assessments that pay for ongoing services will continue as long as the services are provided.
A city-wide Landscape, Lighting and Maintenance would provide a secure source of funding for the types of projects described above. An “assessment” would be for any levy or charge upon real property by an agency for a special benefit conferred upon the real property. The special benefit must be a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.
The scope of the Engineering services proposal also includes adopting a Resolution of Intention to form a City wide Landscape Maintenance District, distributing mail ballots to the community, and tabulating ballots at the conclusion of a public hearing. The ballots are weighted according to the proportional financial obligation of each parcel. If there is a majority protest, the City cannot impose the assessment.
A Request for Proposal (RFP) was done and two responses were received. In evaluating those proposals, staff determined David Taussig and Associates (DTA) was the most comprehensive and competitive proposal that best met the City’s timeline and needs.
FISCAL IMPACT:
The Professional Services cost for the Assessment Engineering Study will be $91,500. The printing, assembling and mailing of the ballots, if the Council decides to proceed, will be $35,000. These costs will be charged to 100-911-8601, General Fund Non-Departmental.
ATTACHMENTS:
Proposal