CITY OF SANTA CLARITA CITY COUNCIL / BOARD OF LIBRARY TRUSTEES JOINT REGULAR MEETING AGENDA. How to Address the City Council

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1 CITY OF SANTA CLARITA CITY COUNCIL / BOARD OF LIBRARY TRUSTEES JOINT REGULAR MEETING Tuesday, May 26, :00 PM City Council Chambers Valencia Blvd. Santa Clarita, CA AGENDA PUBLIC FINANCING AUTHORITY No New Business How to Address the City Council You may address the Council during Public Participation on any matter within the Council's jurisdiction that is not listed on the agenda. Each person wishing to speak should prepare a presentation of not more than three (3) minutes. Public Participation speaker's cards must be submitted to the City Clerk BEFORE this portion of the meeting begins. Public Participation takes place before the consideration of the agenda items and following the consideration of agenda items. However, each person will be allowed to speak only one time during Public Participation per meeting. Anyone wishing to address an item on the agenda should fill out a speaker's card and submit it to the City Clerk BEFORE the Mayor announces the item. Each person addressing the Council is given three (3) minutes to speak indicated by a colored light system on the Council dais; a green light appears when the speaker begins; a yellow light appears when 30 seconds remain and a red light appears when time has expired. Comments should be complete at this time. Each presentation may not exceed three (3) minutes. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, (661) Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR ADA Title II)

2 INVOCATION Boydston CALL TO ORDER ROLL CALL FLAG SALUTE EXECUTIVE MEETING This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be needed. Council will also discuss each individual item during the course of the meeting with the exception of the Consent Calendar, which may be approved in its entirety by one motion, unless there is a request to pull an item for discussion. No action will be taken on public agenda items during the Executive Meeting. APPROVAL OF AGENDA Mayor to inquire whether there are any changes to the Agenda or if any member of the Council or the public would like to pull for discussion, any item on the Consent Calendar. AWARDS AND RECOGNITIONS Proclaim May as Bicycle Month in Santa Clarita PRESENTATIONS Presentation on Southern California Air Quality Management District (SCAQMD) Programs PUBLIC PARTICIPATION This time has been set aside for the public to address the City Council on items NOT listed on the agenda. The City Council will not act upon these items at this meeting other than to review and/or provide direction to staff. All speakers must submit a speaker s card to the City Clerk PRIOR to the beginning of this portion of the meeting. Thirty minutes are allotted for public input at this time. The FIRST TEN people to submit a speaker card prior to the beginning of Public Participation will be heard. Speaker cards will be accepted beginning at 5:45 p.m. Any speaker cards received once the first speaker has begun will be heard at the end of the meeting regardless if the ten person limit has been met. Speakers may not exceed three (3) minutes and may only be heard once per meeting under Public Participation. Page 2

3 STAFF COMMENTS COMMITTEE REPORTS/COUNCILMEMBER COMMENTS CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine and will be enacted by one motion by the City Council. The items are not individually discussed by the City Council unless a request is made by a member of the public or the Council, in which case, the item(s) will be removed from the Consent Calendar and will be considered separately. 1. APPROVAL OF MINUTES - The minutes of the Joint City Council and Board of Library Trustees meeting are submitted for approval. RECOMMENDED ACTION: City Council and Board of Library Trustees: Approve the minutes of the May 12, 2015, special and regular meetings. 2. READING OF ORDINANCE TITLES - Government Code Section requires that all ordinances be read in full prior to Council taking action on the ordinance. By listing the ordinance title on the Council agenda, Council may determine that the title has been read. RECOMMENDED ACTION: City Council determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading. 3. SECOND READING AND ADOPTION OF THE LOW IMPACT DEVELOPMENT (LID) ORDINANCE - Second reading and adoption of the Low Impact Development (LID) Ordinance as a requirement of the City's Municipal Stormwater Permit. RECOMMENDED ACTION: City Council conduct a second reading and adopt an ordinance entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE CITY OF SANTA CLARITA MUNICIPAL CODE CHAPTER STANDARD URBAN STORMWATER MITIGATION PLAN IMPLEMENTATION BY INCORPORATING LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON CERTAIN DEVELOPMENT PROJECTS. Page 3

4 ANNUAL OVERLAY AND SLURRY SEAL PROGRAM, PROJECT M AWARD CONSTRUCTION CONTRACT FOR THE OVERLAY PORTION - The Annual Overlay project is an integral part of the City of Santa Clarita's pavement management program. Each year, streets are evaluated and identified for the need of pavement preservation and rehabilitation treatments. RECOMMENDED ACTION: City Council: 1. Approve the plans and specifications for the overlay portion of the Annual Overlay and Slurry Seal Program, Project M Award the construction contract to Sully-Miller Contracting Company in the amount of $5,562,500 and authorize a contingency in the amount of $1,687,500, for a total contract amount not to exceed $7,250, Authorize an expenditure in the amount of $401,464 to Twining, Inc., for a professional services contract to provide for project inspection and materials testing. 4. Authorize an increased expenditure in the amount of $50,000 to the existing professional services contract with Pavement Engineering, Inc., for construction management support and project design support services during construction. 5. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval ANNUAL OVERLAY AND SLURRY SEAL PROGRAM, PROJECT M AWARD CONSTRUCTION CONTRACT FOR THE SLURRY SEAL PORTION - The Annual Slurry Seal project is an integral part of the City of Santa Clarita s pavement management program. Each year, streets are evaluated and identified for the need for pavement preservation and preventative maintenance treatments. RECOMMENDED ACTION: City Council: 1. Approve the plans and specifications for the slurry seal portion of the Annual Overlay and Slurry Seal Program, Project M Award the construction contract to Intermountain Slurry Seal, Inc., in the amount of $1,241,004 and authorize a contingency in the amount of $124,101 for a total contract amount not to exceed $1,365, Authorize an expenditure in the amount of $61,252 to Twining, Inc., for a professional services contract to provide for project inspection and materials testing. Page 4

5 4. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. 6. ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS - The City of Santa Clarita's residential and commercial solid waste services are provided by Waste Management and Burrtec Waste Industries, Inc. Per the approved Franchise Agreements, franchised solid waste haulers may submit a request for a rate adjustment by April 1 for consideration. RECOMMENDED ACTION: City Council: 1. Adopt a resolution for the Fourth Amendment to the Amended and Restated Agreement between the City of Santa Clarita and USA Waste of California, Inc. (DBA Waste Management), for residential solid waste management services allowing an adjustment in their residential rates by 4.13 percent based on the formula outlined in their Franchise Agreement, and authorize the City Manager to execute the amended agreement, subject to City Attorney approval. 2. Adopt a resolution for the Third Amendment to the Amended and Restated Agreement between the City of Santa Clarita and Burrtec Waste Industries, Inc., for commercial solid waste management services allowing an adjustment in rates by 4.22 percent based on the formula outlined in their Franchise Agreement, and authorize the City Manager to execute the amended agreement, subject to City Attorney approval. 7. COMMUNITY FACILITIES DISTRICT - VISTA CANYON RANCH LLC - The proposed formation of the Community Facilities District (CFD) is consistent with the City s Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements adopted on October 11, RECOMMENDED ACTION: City Council: 1. Adopt a resolution approving a Deposit and Reimbursement Agreement relating to the proposed City of Santa Clarita Community Facilities District No (Vista Canyon) and the retention of certain professional firms in connection therewith. 2. Adopt a reimbursement resolution to allow for the reimbursement of expenditures made prior to the issuance of obligations issued for certain public facilities within a proposed City-formed community facilities district. Page 5

6 8. ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS - This required procedural matter orders, approves, and sets the Public Hearing for the annual levy of the Drainage Benefit Assessment Areas, Landscape Maintenance Districts, Streetlight Maintenance District, Golden Valley Ranch Open Space Maintenance District, and the Tourism Marketing District. RECOMMENDED ACTION: City Council: 1. Adopt Resolutions initiating proceedings for the levy and collection of assessments for Fiscal Year for the Landscape Maintenance Districts, Drainage Benefit Assessment Areas, Streetlight Maintenance District, and the Golden Valley Ranch Open Space Maintenance District. 2. Adopt Resolutions declaring the City's intention to levy assessments, preliminarily approve Engineer's Reports for the Special Districts, and set a public hearing for June 9, Adopt the annual report for the Tourism Marketing District (TMD) and a Resolution of Intent to continue a business improvement area in the City of Santa Clarita to be designated as the Tourism Marketing District, and set a public hearing for June 9, ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE PRESERVATION DISTRICT - Consideration and adoption of resolutions associated with the annual process of ordering, approving, and setting the public hearing on the annual levy of the Open Space Preservation District is required by the Landscaping and Lighting Act of RECOMMENDED ACTION: City Council: 1. Adopt a resolution initiating proceedings for the levy and collection of assessments within the Open Space Preservation District for Fiscal Year Adopt a resolution declaring the City's intention to levy assessments, preliminarily approve an Engineer's Report in connection with the Open Space Preservation District for Fiscal Year , and set a public hearing for June 9, Page 6

7 10. ANNUAL LEVY OF SPECIAL DISTRICTS FOR LANDSCAPE MAINTENANCE DISTRICT T1, ZONES T23 AND T23A - This required procedural matter orders, approves, and sets the Public Hearing for the annual levy of the Landscape Maintenance District T1, Zones T23 and T23A. RECOMMENDED ACTION: City Council: 1. Adopt a resolution initiating proceedings for the levy and collection of assessments for Fiscal Year for Landscape Maintenance District T1, Zones T23 and T23A. 2. Adopt a resolution declaring the City's intention to levy assessments, preliminarily approve Engineer's Report, and set a public hearing for June 9, CHECK REGISTER NO. 10 FOR THE PERIOD 04/17/15 THROUGH 04/30/15 AND 05/07/15. ELECTRONIC FUNDS TRANSFERS FOR THE PERIOD 04/21/15 THROUGH 05/07/15. - Check Register No.10 for the Period 04/17/15 through 04/30/15 and 05/07/15. Electronic Funds Transfers for the Period 04/21/15 through 05/07/15. RECOMMENDED ACTION: City Council approve and ratify for payment the demands presented in Check Register No. 10. PUBLIC PARTICIPATION This time has been set aside for any speakers that have turned in speaker cards and were not heard in the first thirty minutes allotted to address the City Council on items that are NOT on the agenda. No further speaker cards will be accepted once Public Participation begins. Speakers may not address items that have been considered this evening. Speaker cards may not be submitted relating to any items listed on the agenda. STAFF COMMENTS ADJOURNMENT In memory of George Pederson FUTURE MEETINGS The next Joint Regular Meeting / of the City Council will be held Tuesday, June 9, 2015, at 6:00 p.m. in the Council Chambers, 1st floor of City Hall, Valencia Blvd., Santa Clarita, CA. Page 7

8 CERTIFICATION I, Kevin Tonoian, City Clerk, do hereby certify that I am the duly appointed and qualified City Clerk for the City of Santa Clarita and that on May 21, 2015, between the hours of 9:00 a.m. and 5:00 p.m., the foregoing agenda was posted at City Hall and the Santa Clarita Sheriff's Station. Kevin Tonoian City Clerk Santa Clarita, California Page 8

9 1 Agenda Item: 1 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: APPROVAL OF MINUTES Administrative Services Kevin Tonoian RECOMMENDED ACTION City Council and Board of Library Trustees: Approve the minutes of the May 12, 2015, special and regular meetings. BACKGROUND The minutes from the previous City Council and Joint City Council/Board of Library Trustees meetings are submitted for approval. ALTERNATIVE ACTION Amendments to the minutes may be approved as necessary. FISCAL IMPACT None by this action. ATTACHMENTS May 12, 2015 Draft Minutes Special Meeting May 12, 2015 Draft Minutes Regular Meeting Page 1 Packet Pg. 8

10 1.a City Council Special Meeting ~ Minutes ~ Tuesday, May 12, :30 PM City Council Chambers CALL TO ORDER The meeting was called to order at 5:30 p.m. by Mayor Marsha McLean. ROLL CALL All Councilmembers were present. CLOSED SESSION Joseph Montes, City Attorney, advised of the need to conduct a Closed Session for the purpose of holding a: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Government Code Section (d)(4) - Initiation of litigation, two matters RECESS TO CLOSED SESSION Mayor McLean recessed the meeting to Closed Session at 5:31 p.m. RECONVENE TO OPEN SESSION Mayor McLean reconvened the meeting to at 6:04 p.m. CITY ATTORNEY ANNOUNCEMENT City Attorney Montes announced that no action was taken in Closed Session that was required to be reported. ADJOURN Mayor McLean adjourned the meeting at 6:04 p.m. ATTEST: MAYOR Attachment: May 12, 2015 Draft Minutes Special Meeting (1286 : APPROVAL OF MINUTES) CITY CLERK Packet Pg. 9

11 1.b CITY OF SANTA CLARITA City Council / Board of Library Trustees Joint Regular Meeting ~ Minutes ~ Tuesday, May 12, :00 PM City Council Chambers INVOCATION Mayor McLean delivered the invocation. CALL TO ORDER Mayor/President McLean called to order the regular joint meeting of the City Council/Board of Library Trustees at 6:05 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Mayor McLean led the flag salute. EXECUTIVE MEETING This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be needed. Council will also discuss each individual item during the course of the meeting with the exception of the Consent Calendar, which may be approved in its entirety by one motion, unless there is a request to pull an item for discussion. No action will be taken on public agenda items during the Executive Meeting. APPROVAL OF AGENDA Motion by Kellar, second by Acosta, to approve the agenda. Hearing no objections, it was so ordered. AWARDS AND RECOGNITIONS Mayor McLean and Council recognized Grace Lim, Jordan Brackin, and Matt Rubinowitz, the three winners of the Sister Cities Annual Young Artists and Authors Showcase and presented them with certificates. Attachment: May 12, 2015 Draft Minutes Regular Meeting (1286 : APPROVAL OF MINUTES) PRESENTATIONS Southern California Edison Representative Anna Frutos-Sanchez presented Council with a rebate check for $176,000 and Gold Recognition from the Community Energy Partnership for proactive energy efficiency and management. Packet Pg. 10

12 1.b PUBLIC PARTICIPATION Addressing the Council was Elaine Ballace regarding mobile homes; Alan Ferdman, representing the Canyon Country Advisory Committee, regarding the Regional Water Quality Control Board and the Supplemental Environmental Project for Shangri-La; Frank Dalessandro, representing Community Sports Foundation, regarding a feasibility study for construction of a roller hockey rink; Jennifer Bledsoe, Cory Evans, Ryan Haslam, and Stu Blair, regarding a roller hockey rink. One written comment card was received regarding the Mobile Home Rent Adjustment ordinance. STAFF COMMENTS Councilmember Weste inquired and City Attorney Joseph Montes responded regarding legal constraints of Council pertaining to the mobile home rent adjustment ordinance. Councilmember Weste indicated her support for evaluating opportunities for an outdoor roller hockey rink. Councilmember Boydston indicated his support of researching the feasibility of an outdoor roller rink; and requested clarification on the Regional Water Quality Board agreement from City Manager Ken Striplin. Mayor McLean requested staff gather information from Mr. Dalessandro regarding a feasibility study for a roller hockey rink. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Boydston reported he spoke against Assembly Bill 278 during the meeting of the Local Government Committee at the April 29, 2015, League of California Cities Legislative Day Program; and encouraged residents to attend the May 14 Classic Car Show and the May 21 Senses on Main event in Downtown Newhall. Mayor Pro Tem Kellar commented on the passing of former Santa Clarita Mayor George Pederson and requested the Council adjourn a future meeting in his memory. Councilmember Acosta commented on his attendance of the recent Southern California Association of Governments annual conference where regional transportation projects and issues were discussed; and invited residents to attend the Portraits of Fallen Memorial exhibit opening on May 16 through July 11 at the Valencia Town Center, stating additional information is available at Councilmember Weste commented on the upcoming Memorial Day event on May 25 at Eternal Valley to pay tribute to servicemen; commented on the well-attended Islander Festival at Hart Park; discussed her and Mayor McLean s attendance at the "We Build" event for Habitat for Humanity benefiting the Habitat for Heroes homes; discussed her attendance of the Rim of the Valley Corridor Special Resources Study at Hart Park on May 5, 2015, and an F-35 Lightning II interactive cockpit demonstrator event with Congressman Steve Knight on May 7 at FMI Aerostructures in Santa Clarita; and commented on the Portraits of the Fallen Memorial exhibit. Attachment: May 12, 2015 Draft Minutes Regular Meeting (1286 : APPROVAL OF MINUTES) Page 2 Packet Pg. 11

13 1.b Mayor McLean commented on the new Old Town Newhall Farmers Market opening on May 9 where vendors offered organic options and kid friendly activities; commented on the recent Southern California Association of Governments meeting, indicating she had the opportunity to network and connect with individuals who have a lot to say about what happens here in Santa Clarita including representatives from the California High Speed Rail Authority who took notice of the recent well-attended North Los Angeles County Communities Protection Coalition meeting held in Santa Clarita; requested residents to attend the upcoming California High Speed Rail Authority community meeting on June 1, 2015 at the Santa Clarita Sports Complex Activities Center from 5:00 pm to 8:00 pm; referenced the upcoming Amgen Tour of California Stage 5 finish bicycle race on May 14, 2015; and shared that the U.S. Postal Service will be opening a new post office on Lyons Avenue, close to the old location. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Dante Acosta, Councilmember SECONDER: TimBen Boydston, Councilmember AYES: Acosta, Boydston, Kellar, Weste, McLean ITEM 1 APPROVAL OF MINUTES The minutes of the Joint City Council and Board of Library Trustees meeting are submitted for approval. RECOMMENDED ACTION: City Council and Board of Library Trustees: Approve the minutes of the April 28, 2015, special and regular meetings. ITEM 2 READING OF ORDINANCE TITLES Government Code Section requires that all ordinances be read in full prior to Council taking action on the ordinance. By listing the ordinance title on the Council agenda, Council may determine that the title has been read. RECOMMENDED ACTION: City Council determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading. ITEM 3 PURCHASE OF A 2015 FORD CNG F-650 TRUCK WITH PB B-3 PATCH TRUCK UNIT AND A 2015 FORD F-650 CREW CAB AND CHASSIS (CNG) PHENIX LIFTBED TRUCK Consideration of purchase of a Patch Truck Unit and a Liftbed Truck for the Streets Division. Attachment: May 12, 2015 Draft Minutes Regular Meeting (1286 : APPROVAL OF MINUTES) Page 3 Packet Pg. 12

14 1.b RECOMMENDED ACTION: City Council: 1. Approve the purchase of a 2015 Ford CNG F-650 with PB B-3 Patch Truck Unit from Nixon-Egli Equipment Company using National Joint Powers Alliance (NJPA) contract # FRM in an amount not to exceed $203, Approve the purchase of a 2015 Ford CNG F-650 Crew Cab and Chassis (CNG) Phenix Liftbed Truck from National Auto Fleet Group using National Joint Powers Alliance (NJPA) contract # NAF in an amount not to exceed $135, Authorize the City Manager or designee to execute the contract and associated documents subject to City Attorney approval. ITEM 4 SECOND READING AND ADOPTION OF AMENDMENTS TO THE CITY S MUNICIPAL CODE TO INCLUDE: AMENDING CHAPTER 5.08 (MASSAGE); AND ADDING CHAPTER 35 (AGGRESSIVE SOLICITATION) TO TITLE 11 City Council to conduct second reading and consider adoption of the proposed amendments to Chapter 5.08 (Massage) and the addition of Chapter 35 (Aggressive Solicitation) of the Santa Clarita Municipal Code. RECOMMENDED ACTION: City Council: 1. Adopt an ordinance entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 5.08 (MASSAGE) OF THE SANTA CLARITA MUNICIPAL CODE. 2. Adopt an ordinance entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING CHAPTER 35 TO TITLE 11, PUBLIC PEACE AND WELFARE, OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING AGGRESSIVE SOLICITATION AND SOLICITATION AT SPECIFIC LOCATIONS. Adopted Ordinance No (amending Chapter 5.08), and Ordinance No (amending Chapter 35 to Title 11). Attachment: May 12, 2015 Draft Minutes Regular Meeting (1286 : APPROVAL OF MINUTES) Page 4 Packet Pg. 13

15 1.b ITEM 5 TREE MAINTENANCE SERVICE REQUEST CONTRACT Approve and award a two-year tree-maintenance service contract to Stay Green, Inc. for contractual tree maintenance for a total not to exceed $631,488 to continue addressing residents tree-service requests in a timely manner. RECOMMENDED ACTION: City Council: 1. Award a two-year tree maintenance service contract to Stay Green, Inc. for contractual tree maintenance in the amount of $526,240, and authorize an annual contingency in the amount of $52,624, (a total of $105,248 for two years) for a total two-year contract in an amount not to exceed $631, Authorize the City Manager or designee to execute all contracts and associated documents, or modify the awards in the event issues of impossibility of performance arise, contingent upon the appropriation of funds by the City Council in the annual budget for such Fiscal Year; execute up to three, one-year renewal options not to exceed the annual bid amount, plus Consumer Price Index (CPI) adjustments; and execute all documents subject to City Attorney approval. ITEM 6 CITY OF SANTA CLARITA'S FISCAL YEAR STATEMENT OF INVESTMENT POLICY AND OTHER POST-EMPLOYMENT BENEFITS (OPEB) TRUST INVESTMENT GUIDELINES Per California Government Code Section 53646, the City Treasurer may annually present the City's Investment Policy to the City Council to reaffirm or make any changes to the existing policy. RECOMMENDED ACTION: City Council: 1. Adopt the City of Santa Clarita's Fiscal Year Statement of Investment Policy, and direct staff to submit the policy to the Association of Treasurers United States and Canada (APT US&C) for certification in their annual award program. 2. Adopt the City of Santa Clarita s Other Post-Employment Benefits (OPEB) Trust Investment Guidelines. Attachment: May 12, 2015 Draft Minutes Regular Meeting (1286 : APPROVAL OF MINUTES) Page 5 Packet Pg. 14

16 1.b ITEM 7 CHECK REGISTER NO. 9 FOR THE PERIOD 04/03/15 THROUGH 04/16/15 AND 04/23/15. ELECTRONIC FUNDS TRANSFERS FOR THE PERIOD 04/08/15 THROUGH 04/23/15 Check Register No. 9 for the Period 04/03/15 through 04/16/15 and 04/23/15. Electronic Funds Transfers for the Period 04/08/15 through 04/23/15. RECOMMENDED ACTION: City Council approve and ratify for payment the demands presented in Check Register No. 9. ITEM 8 SUBMISSION OF THE DRAFT ANNUAL ACTION PLAN AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING RECOMMENDATIONS Submission of the Draft Annual Action Plan and Community Development Block Grant (CDBG) Funding Allocation Recommendations as required by the U.S. Department of Housing and Urban Development (HUD). RECOMMENDED ACTION: City Council approve the Draft Annual Action Plan (Action Plan) and the Community Development Block Grant (CDBG) Funding Recommendations contained therein, and authorize the City Manager or designee to execute all required documents, subject to approval of the City Attorney. PUBLIC HEARINGS ITEM 9 FIRST READING OF THE LOW IMPACT DEVELOPMENT (LID) ORDINANCE First reading of the Low Impact Development Ordinance as a requirement of the City's Stateissued Municipal Stormwater Permit. RECOMMENDED ACTION: City Council conduct a public hearing and introduce and pass to a second reading an ordinance entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE CITY OF SANTA CLARITA MUNICIPAL CODE CHAPTER STANDARD URBAN STORMWATER MITIGATION PLAN IMPLEMENTATION BY INCORPORATING LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON CERTAIN DEVELOPMENT PROJECTS. Attachment: May 12, 2015 Draft Minutes Regular Meeting (1286 : APPROVAL OF MINUTES) Mayor McLean opened the public hearing. Deputy City Clerk Susan Caputo reported that all notices required by law have been provided. Environmental Services Manager Travis Lange presented information regarding the item. Page 6 Packet Pg. 15

17 1.b No requests to speak were received. Mayor McLean closed the public hearing. RESULT: MOVER: SECONDER: AYES: NEW BUSINESS APPROVED [UNANIMOUS] TimBen Boydston, Councilmember Bob Kellar, Mayor Pro Tem Acosta, Boydston, Kellar, Weste, McLean ITEM 10 AWARD A CONTRACT FOR SELECTION OF A LAND USE CONSULTANT TO PREPARE AN INDEPENDENT ANALYSIS/REPORT AND EVALUATE THE MASTER'S COLLEGE MASTER PLAN MODIFICATION PROJECT Award contract to Lilley Planning Group to prepare an independent analysis/report and to evaluate the proposed roadway options in the Master's College Master Plan Modification Project. RECOMMENDED ACTION: City Council award a contract to Lilley Planning Group in the amount of $23,090, plus a contingency of $6,910, for a total contract cost of $30,000, and authorize the City Manager or designee to execute the contract and associated documents, subject to City Attorney approval. Mayor McLean recessed the meeting at 7:14 p.m. and reconvened at 7:21 p.m. Councilmember Weste recused herself from participating on this item due to the proximity of her property to the proposed project. Planning Manager Jeff Hogan presented information regarding the item. Councilmember Boydston requested staff to clarify the scope of work concerning evaluation of two alternative road alignments. Planning Manager Jeff Hogan provided a response to Councilmember Boydston's inquiry. RESULT: APPROVED [4 TO 0] MOVER: Dante Acosta, Councilmember SECONDER: Bob Kellar, Mayor Pro Tem AYES: Dante Acosta, TimBen Boydston, Bob Kellar, Marsha McLean RECUSED: Laurene Weste Attachment: May 12, 2015 Draft Minutes Regular Meeting (1286 : APPROVAL OF MINUTES) Page 7 Packet Pg. 16

18 1.b ITEM 11 NAMING OF GOLDEN VALLEY ROAD/STATE ROUTE 14 BRIDGE City Council discuss naming the Golden Valley Road/State Route 14 Bridge in honor of longtime Santa Clarita resident and community leader Connie Worden-Roberts. RECOMMENDED ACTION: City Council discuss and provide direction on the naming of Golden Valley Road/State Route 14 Bridge in honor of Connie Worden-Roberts. Mayor McLean made comment concerning the absence of a formal policy for naming facilities and proposed an alternative to the recommended action by recognizing individuals such as Connie Worden-Roberts within a City Hall Honor Court which tells the story of significant individuals. Councilmember Weste commented on the value of a Court of Honor, the many contributions of Ms. Worden-Roberts, and her support of Mayor Pro-Tem Kellar's interest in naming the Golden Valley Road Bridge after Ms. Worden-Roberts. Mayor Pro-Tem Kellar made remarks about Ms. Worden-Roberts, her legacy, and indicated the appropriateness of naming the Golden Valley Road Bridge in her honor. Addressing the City Council was Sue Nevius, representing the Santa Clarita Chamber of Commerce. Motion to direct staff to initiate efforts with the State requesting the Golden Valley Road/State Route 14 Bridge be named in the honor of Connie Worden-Roberts. RESULT: MOVER: SECONDER: AYES: PUBLIC PARTICIPATION II No additional requests to speak. APPROVED [UNANIMOUS] TimBen Boydston, Councilmember Laurene Weste, Councilmember Acosta, Boydston, Kellar, Weste, McLean ADJOURNMENT Mayor McLean adjourned the meeting at 7:39 p.m. Attachment: May 12, 2015 Draft Minutes Regular Meeting (1286 : APPROVAL OF MINUTES) ATTEST: MAYOR CITY CLERK Page 8 Packet Pg. 17

19 2 Agenda Item: 2 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: READING OF ORDINANCE TITLES Administrative Services Kevin Tonoian RECOMMENDED ACTION City Council determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading. BACKGROUND Government Code Section requires that all ordinances be read in full prior to Council taking action on the ordinance. By listing the ordinance title on the Council meeting agenda, Council may determine that the title has been read. In addition, by placing an item on the Consent Calendar to waive further reading of all ordinances whose titles appear on the public agenda, the reading requirement set forth in the Government Code is satisfied once Council approves the Consent Calendar item. This provides an opportunity to streamline the process and shorten Council meetings and is in compliance with the Government Code regarding the introduction and adoption of ordinances. ALTERNATIVE ACTION The City Attorney or City Clerk would read aloud all ordinance titles prior to Council introducing or adopting any ordinance. FISCAL IMPACT None by this action. Page 1 Packet Pg. 18

20 3 Agenda Item: 3 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: SECOND READING AND ADOPTION OF THE LOW IMPACT DEVELOPMENT (LID) ORDINANCE Public Works Travis Lange RECOMMENDED ACTION City Council conduct a second reading and adopt an ordinance entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE CITY OF SANTA CLARITA MUNICIPAL CODE CHAPTER STANDARD URBAN STORMWATER MITIGATION PLAN IMPLEMENTATION BY INCORPORATING LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON CERTAIN DEVELOPMENT PROJECTS. BACKGROUND On May 12, 2015, the City Council held a Public Hearing and the first reading of this ordinance. Provision of the Municipal Stormwater Permit In late 2012, the State-issued Municipal Stormwater National Pollutant Discharge Elimination System Permit (Permit) became effective. The current version of the Permit contains new requirements related to management of surface water quality that affects the City of Santa Clarita (City). The Permit contains provisions requiring specific development projects to implement Low Impact Development (LID) practices to infiltrate and/or retain and re-use runoff water from precipitation onsite. This ordinance will revise the City s current State-required Standard Urban Stormwater Mitigation Plan (SUSMP) ordinance by requiring specific new development and redevelopment projects to incorporate LID practices into the design of the project. The main purpose of LID is to capture and reduce pollution entering storm drains and affecting local waterways, but includes other benefits, such as enhancing local aquifers and increasing pervious surfaces. Page 1 Packet Pg. 19

21 3 Projects Affected Development projects that will be required to form a SUSMP and incorporate LID are similar to the projects listed in the previous Permit. The development projects that will be required to implement LID are as follows: 1. All projects greater than one acre of disturbed area and add more than 10,000 square feet of impervious surface area. 2. Industrial parks with 10,000 square feet or more of surface area. 3. Commercial malls with 10,000 square feet or more of surface area. 4. Retail gasoline outlets with 5,000 square feet or more of surface area. 5. Restaurants with 5,000 square feet or more of surface area. 6. Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces. 7. Street and road construction of 10,000 square feet or more of impervious surface area. 8. Automotive service facilities with 5,000 square feet or more of surface area. 9. Projects located in, or directly adjacent to, or discharging directly to a Significant Ecological Area (SEA), where the development will: a. Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and b. Create 2,500 square feet or more of impervious surface area. 10. Single-family homes on a graded hillside. 11. Redevelopment of the projects listed above that disturb land and result in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site: a. Where redevelopment results in an alteration to more than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated. b. Where redevelopment results in an alteration of less than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated and not the entire development. c. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways, which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade. d. Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace 10,000 square feet of impervious surface area. Requirements The LID measures under the proposed ordinance require the development projects to be designed Page 2 Packet Pg. 20

22 3 to capture pollutants, limit pollutant loads, and reduce runoff volume to the 85th percentile of a 24-hour storm by minimizing impervious surface areas and controlling runoff through: 1. Infiltration (entry of water into the surface of the soil). 2. Bioretention (reducing stormwater runoff by intercepting rainfall with vegetation, evapotranspiration, and infiltration). 3. Rainfall harvest and use (capturing runoff to provide temporary storage until the harvested water can be used for irrigation). The 85th percentile, 24-hour event is an engineering term that represents the precipitation quantity in a 24-hour period not exceeded in 85 percent of all events. For Santa Clarita, the 85th percentile is approximately 1.00 inch. For a parking lot on a one-acre parcel, which is mostly impervious surface with heavy stormwater runoff, the developer would need to infiltrate 22,809 gallons of water, which is essentially the size of a large swimming pool. Conversely, for a oneacre grassy park with little impervious surface area and little runoff, the developer would need to infiltrate 3,258 gallons of water, which is the size of a typical spa. Development Process As part of the City s development review process, discretionary projects are reviewed and conditioned. Written conditions for development will be provided to the owner, developer, engineer, etc., and if the project falls under the list of applicable developments, an Urban Stormwater Mitigation Plan (USMP) incorporating LID standards will be a condition of development. The applicant will be required to prepare and submit a USMP for review and approval by the City to ensure LID requirements are implemented and comply with the requirements prescribed in the State-issued Permit. This ordinance shall be in effect on January 1, 2016, and apply only to the specified new development or redevelopment projects listed previously. Environmental The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) under Article 19, Categorical Exemptions, Section 15308, Class 8. A Class 8 exemption consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. If approved by City Council, a Notice of Exemption will be filed with the Los Angeles County Clerk. ALTERNATIVE ACTION Other actions, as determined by the City Council. FISCAL IMPACT Undetermined effect on the General Fund for future capital improvement projects to implement LID principles into specified projects including new Green Streets requirements. Page 3 Packet Pg. 21

23 3 ATTACHMENTS Low Impact Development (LID) Ordinance Page 4 Packet Pg. 22

24 3.a ORDINANCE NO. 15- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE CITY OF SANTA CLARITA MUNICIPAL CODE CHAPTER STANDARD URBAN STORMWATER MITIGATION PLAN IMPLEMENTATION BY INCORPORATING LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON CERTAIN DEVELOPMENT PROJECTS WHEREAS, the State of California (State) requires by its Government Code that local jurisdictions adopt the latest State Building Standards Code; and WHEREAS, the City is authorized by Article XI, Section 5 and Section 7, of the State Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety, and general prosperity; and WHEREAS, the federal Clean Water Act establishes Regional Water Quality Control Boards to prohibit the discharge of pollutants in stormwater runoff to waters of the United States; and WHEREAS, the City is a permittee under the California Regional Water Quality Control Board--Los Angeles Region (Regional Board), Order No. R , issued on November 8, 2012, which establishes Waste Discharge Requirements for Municipal Separate Storm Sewer Systems (MS4) Discharges within the Coastal Watersheds of Los Angeles County, except those discharges originating from the City of Long Beach MS4; and WHEREAS, Order No. R contains requirements for municipalities to establish a LID Ordinance to participate in a Watershed Management Program and/or Enhanced Watershed Management Program; and WHEREAS, the Regional Board has adopted Total Maximum Daily Loads (TMDLs) for pollutants, which are numerical limits that must be achieved effectively through LID implementation; and WHEREAS, the City has the authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions, and limitations with respect to any activity that might degrade waters of the State; and WHEREAS, the City is committed to a stormwater management program that protects water quality and water supply by employing watershed-based approaches that balance environmental and economic considerations; and WHEREAS, urbanization has led to increased impervious surface areas resulting in increased water runoff and less percolation to groundwater aquifers, causing the transport of pollutants to downstream receiving waters; and Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 23

25 3.a WHEREAS, it is the intent of the City to expand the applicability of the existing LID requirements by providing stormwater and rainwater LID strategies for all projects for development and redevelopment as defined under Applicability. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter of the Santa Clarita Municipal Code shall be amended in its entirety to read as follows: Sections: Purpose of Chapter Scope and Applicability Definitions Rate of Discharge Subdivision Design Best Management Practices (BMPs) Control of Erosion of Slopes and Channels Signage of Storm Drains Outdoor Storage of Materials Outdoor Trash Storage Areas Maintenance of Best Management Practices Design Standards for Stormwater Pollution Control Requirements Violations Inspections Fees Alternative Compliance Purpose of Chapter. The provisions of this chapter contain requirements for post-construction stormwater activities and facility operations of development and redevelopment projects to comply with the current Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) issued by the California Regional Water Quality Control Board--Los Angeles Region (Order No. R ), which also serves as a National Pollutant Discharge Elimination System (NPDES) Permit under the Federal Clean Water Act (NPDES No. CAS004001), and Waste Discharge Requirements under California law (the Municipal NPDES permit ), lessen the water quality impacts of development by using smart growth practices, and integrate low-impact development (LID) design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest, and use. LID shall be inclusive of previously adopted Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. Nothing in this chapter shall be interpreted to: Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 24

26 3.a A. Infringe any right or power guaranteed by the California Constitution, including any vested property right; or B. Require any action inconsistent with any applicable and lawfully adopted general plan, specific plan, plan amendment, or building code that conforms to the laws of California and the requirements of this chapter; or C. Restrict otherwise lawful land-use except as authorized by the laws of California, subject to the limitations of this chapter Scope and Applicability. Scope: This Section contains requirements for stormwater pollution control measures in development and redevelopment Planning Priority Projects and authorizes the City of Santa Clarita (City) to further define and adopt stormwater pollution control measures, to develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, and to grant alternate compliance as allowed by the Municipal NPDES permit and collect fees from projects granted exceptions. Except as otherwise provided herein, the City shall administer, implement, and enforce the provisions of this Section. Guidance documents supporting implementation of requirements in this Ordinance are hereby incorporated by reference, including SUSMP and the Los Angeles County Low Impact Development Standards Manual, and all future amendments. Applicability: A. All development projects equal to one acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area. B. Single-family hillside homes. C. Industrial parks with 10,000 square feet or more of surface area. D. Commercial malls with 10,000 square feet or more of surface area. E. Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, and ) with 5,000 square feet or more of surface area. F. Retail gasoline outlets with 5,000 square feet or more of surface area. G. Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area. H. Parking lots with 5,000 square feet or more of impervious surface area or with 25 or more parking spaces Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 25

27 3.a I. Street and road construction of 10,000 square feet or more of impervious surface area. J. Projects located in or directly adjacent to, or discharging directly to a Significant Ecological Area (SEA), where the development will: 1. Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and 2. Create 2,500 square feet or more of impervious surface area. K. Redevelopment Projects 1. Land disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site on Planning Priority Project categories. 2. Where redevelopment results in an alteration to more than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated. 3. Where redevelopment results in an alteration of less than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development. 4. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade. 5. Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace 10,000 square feet of impervious surface area. Effective date: This chapter shall take effect on January 1, 2016, and shall apply only to approval of discretionary (within the meaning of the California Environmental Quality Act, Public Resources Code Section et seq.) new development or redevelopment Planning Priority Projects (as those terms are defined this chapter). Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 26

28 3.a Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4, issued by the California Regional Water Quality Control Board--Los Angeles Region, (Order No. R ), or as modified by the State Water Resources Control Board, if defined therein, and if not, by the regulations implementing Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board--Los Angeles (Regional Board), as such permits may be amended from time to time. Automotive Service Facility means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5541, and 5511, provided these facilities have no outside activities or materials that may be exposed to stormwater. (Source: Order No. R ) Basin Plan means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994, and subsequent amendments. (Source: Order No. R ) Best Management Practice (BMP) means any practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water. (Source: Order No. R ) Biofiltration means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term biofiltration as used in this Ordinance, is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board s Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales. (Modified from: Order No. R ) Bioretention means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the Municipal NPDES permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the Municipal NPDES permit as biofiltration. Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 27

29 3.a (Modified from: Order No. R ) Bioswale means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes. (Source: Order No. R ) Clean Water Act (CWA) means the Federal Water Pollution Control Act enacted in 1972, by Public Law , and amended by the Water Quality Act of The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit. Commercial Malls means any development comprised of one or more buildings forming a complex of stores, which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers. (Source: Order No. R ) Construction Activity means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See Routine Maintenance definition for further explanation. Where clearing, grading, or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan. (Source: Order No. R ) Control means to minimize, reduce, or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities. (Source: Order No. R ) Development means construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); industrial, commercial, retail, and other non-residential projects, including public agency projects or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. (Source: Order No. R ) Directly Adjacent means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. (Source: Order No. R ) Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 28

30 3.a Discharge means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance. Disturbed Area means an area that is altered as a result of clearing, grading, and/or excavation. (Source: Order No. R ) Flow-through BMPs means modular, vault type high flow biotreatment devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain. (Modified from: Order No. R ) General Construction Activities Storm Water Permit (GCASP) means the general NPDES permit adopted by the State Board, which authorizes the discharge of stormwater from construction activities under certain conditions. General Industrial Activities Storm Water Permit (GIASP) means the general NPDES permit adopted by the State Board, which authorizes the discharge of stormwater from certain industrial activities under certain conditions. Green Roof means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain. (Source: Order No. R ) Hazardous Material(s) means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code. Hillside means a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25 percent or greater and where grading contemplates cut or fill slopes. (Source: Order No. R ) Hydromodification means the alteration of the hydrologic characteristics of coastal and noncoastal waters, which in turn could cause degradation of water resources. Hydromodification can cause excessive erosion and/or sedimentation rates, causing excessive turbidity, channel aggradation, and/or degradation. (Source: General Construction Activities Stormwater Permit) Impervious Surface means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth. Industrial Park means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 29

31 3.a modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry. (Source: Order No. R ) Infiltration BMP means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement. (Source: Order No. R ) Low Impact Development (LID) means any building and landscape features designed to retain or filter stormwater runoff. (Source: Order No. R ) MS4 means Municipal Separate Storm Sewer System (MS4). The MS4 is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 1. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works, as defined in a. Title 40 of the Code of Federal Regulations (CFR) (b)(8) (Source: Order No. R ). National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA 307, 402, 318, and 405. The term includes an approved program. (Source: Order No. R ) Natural Drainage System means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system. (Source: Order No. R ) New Development means land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. (Source: Order No. R ) Non-Stormwater Discharge means any discharge to a municipal storm drain system not composed entirely of stormwater. (Source: Order No. R ) Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 30

32 3.a Parking Lot means an area or facility for the temporary parking or storage of motor vehicles used for businesses or commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces. (Source: Order No. R ) Planning Priority Projects means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s). (Modified from: Order No. R ) Pollutant means any pollutant defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Sec Pollutants may include, but are not limited to the following: 1. Commercial and industrial wastes (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge). 2. Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and nonmetals such as phosphorus and arsenic). 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease). 4. Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora, or fauna of the State. 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities). 6. Substances having characteristics such as ph less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. Project means all development, redevelopment, and land-disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code 21065). (Source: Order No. R ) Rainfall Harvest and Use means a LID BMP system designed to capture runoff, typically from a roof, but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department. (Source: Order No. R ) Receiving Water means water of the United States into which waste and/or pollutants are or may be discharged. (Source: Order No. R ) Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 31

33 3.a Redevelopment means land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land-disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. (Source: Order No. R ) Restaurant means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812). (Source: Order No. R ) Retail Gasoline Outlet means any facility engaged in selling gasoline and lubricating oils. (Source: Order No. R ) Routine Maintenance means, but is not limited to, projects conducted to: 1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility. 2. Perform as-needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities. 3. Includes road shoulder work, regrading dirt or gravel roadways and shoulders, and performing ditch cleanouts. 4. Replacing existing lines with new materials or pipes and updating facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity. 5. Repair leaks. Routine maintenance does not include construction of new lines (i.e. that are not associated with existing facilities and are not part of a project to update or replace existing lines) or facilities resulting from compliance with applicable codes, standards, and regulations. (Source: Order No. R ) Significant Ecological Areas (SEAs) means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the City of Santa Clarita General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria: 1. The habitat of rare, endangered, and threatened plant and animal species. Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 32

34 3.a 2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis. 3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County. 4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, or migrating grounds and is limited in availability either regionally or within Los Angeles County. 5. Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community. 6. Areas important as game species habitat or as fisheries. 7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County. 8. Special areas (Source: Order No. R ). Site means land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity. (Source: Order No. R ) Storm Drain System means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater. Storm Water or Stormwater means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words. Stormwater Runoff means that part of precipitation (rainfall or snowmelt), which travels across a surface to the storm drain system or receiving waters. SUSMP means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No , NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects. Urban Runoff means surface water flow produced by storm and non-storm events that is shed from both pervious and non-pervious surfaces. Non-storm events that produce urban runoff include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water. Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 33

35 3.a Rate of Discharge. No new development shall increase the peak rate of discharge of stormwater from the developed site if this increase would make downstream erosion more probable Subdivision Design. Unless inconsistent with vested rights, the site design for all subdivisions subject to this chapter, to the maximum extent practicable, shall: A. Concentrate or cluster new development on portions of the site while leaving the remaining land in a natural undisturbed condition; B. Limit clearing and grading of native vegetation to the minimum extent practicable, consistent with the construction of lots, and to allow access and provide fire protection; C. Preserve riparian areas and wetlands Best Management Practices (BMPs). A. On the date the ordinance codified in this chapter takes effect, those BMPs which are listed in the Los Angeles County Low Impact Development (LID) Standards Manual shall be deemed to be incorporated by reference and adopted by this City and shall remain in effect until the City Council shall adopt by resolution a guidebook prepared or recommended by the City Engineer, categorizing development and BMPs for each category. B. The City Engineer may from time to time revise the guidebook, and the City Council may adopt these revisions by resolution. C. No BMP other than a structural or treatment control BMP shall be used in any development regulated under this chapter, unless the guidebook recommends that practice. D. No structural or treatment control BMP may be used in any development regulated under this chapter unless the guidebook recommends that practice Control of Erosion of Slopes and Channels. BMPs used on slopes or channels in new development or redevelopment subject to this chapter shall: A. Convey runoff from tops of slopes; B. Eliminate or reduce flow to natural drainage systems, and for flows which cannot be eliminated, utilize natural drainage systems, rather than artificial drainage systems, to the maximum extent practicable; Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 34

36 3.a C. Stabilize soil at permanent channel crossings; D. Vegetate slopes with native or drought-tolerant species known to control erosion; and E. Dissipate concentrated flows before they enter unlined channels Signage of Storm Drains. In the project area of new development or redevelopment subject to this chapter, a notice that dumping in storm drains and catch basins is illegal shall be: A. Stenciled in paint or other permanent means at all storm drain inlets and catch basins within the project area; B. Posted at all known public accesses to natural or artificial drainage channels within the project area; and C. Maintained to preserve the sign Outdoor Storage of Materials. A. All materials stored outdoors in new development or redevelopment subject to this chapter which, if exposed to stormwater, may reasonably be expected to add pollutants to it, shall be thoroughly isolated from contact: 1. With stormwater, by enclosure in a structure; or 2. With stormwater, by a surrounding curb or other containment structure. B. The storage area must be completely covered: 1. By impermeable paving; and 2. Any structure by an overhead covering that adequately diverts precipitation away from the ground between the material and the surrounding containment structure Outdoor Trash Storage Areas. Except where they serve only single-family residences, solid waste containers in new development or redevelopment subject to this chapter shall be stored in areas that: A. Are isolated from contact with stormwater originating outside the storage area; and B. Are surrounded with a barrier sufficient to prevent all trash and debris from being transported out of the storage area, except during collection. Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 35

37 3.a Maintenance of Best Management Practices. A. Every person applying to the City for discretionary approval of any new development or redevelopment subject to this chapter, as part of that application, in a signed writing, shall agree to maintain any structural or treatment control BMP to be implemented in that development through means such as a covenant running with the land (such as covenants, conditions and restriction, commonly known as CC&Rs), CEQA mitigation measures, conditional use permit or other legal agreement (collectively agreement ). B. The agreement described in subsection (A) of this section shall remain in force until ownership of the developed property has been entirely transferred, and upon transfer, shall be binding on the new owner(s) Design Standards for Stormwater Pollution Control Requirements. The site for every Planning Priority Project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest, and use. A. A new single-family hillside home development shall include mitigation measures to: 1. Conserve natural areas; 2. Protect slopes and channels; 3. Provide storm drain system stenciling and signage; 4. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability or damage building foundations; and 5. Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability or damage building foundations. B. Street and road construction of 10,000 square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F ) to the maximum extent practicable. C. All other Planning Priority Projects shall prepare a LID Plan to comply with the following: 1. Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from: Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 36

38 3.a a. The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or b. The volume of runoff produced from a 0.75 inch, 24-hour rain event, whichever is greater. 2. Minimize hydromodification impacts to natural drainage systems, as defined in the Municipal NPDES Permit, as described below: Violations. a. Projects disturbing an area greater than one acre but less than 50 acres must demonstrate the project is designed to retain onsite, through infiltration, evapotranspiration, and/or harvest and use, the stormwater volume from the runoff of the 95th percentile, 24-hour storm event, or the runoff flow rate, volume, velocity, and duration for the post-development condition for the twoyear, 24-hour rainfall event; or b. Projects disturbing 50 acres or more must demonstrate the project infiltrates onsite at least the runoff from a two-year, 24-hour storm event, or the runoff flow rate, volume, velocity, and duration for the post-development condition for the two-year, 24-hour rainfall event. A. Violation of any provision of this chapter shall be both a misdemeanor and a public nuisance. B. The remedies specified in this chapter shall not exclude any other legal remedy that may be available to the City Inspections. A. The City Engineer and such officers as the City Engineer may designate shall enforce the provisions of this chapter. B. As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of California, enter and make inspections on any property regulated under this chapter Fees. The City Council may establish and fix the amount of fees for services provided under this chapter, as authorized under Sections and of the California Government Code and this code. Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 37

39 3.a Alternative Compliance. Technical Infeasibility - When, as determined by the City Engineer or his/her appointee, 100 percent onsite retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID Plan. The technical infeasibility may result from conditions that may include, but are not limited to: A. The infiltration rate of saturated in-situ soils is less than 0.3 inch per hour, and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv onsite. B. Locations where seasonal high groundwater is within five to ten feet of surface grade; C. Locations within 100 feet of a groundwater well used for drinking water; D. Brownfield development sites or other locations where pollutant mobilization is a documented concern; E. Locations with potential geotechnical hazard; F. Smart growth and infill or redevelopment locations, where the density and/or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement. If partial or complete onsite retention is technically infeasible, the project site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the Municipal NPDES Permit. 1. Additional alternative compliance options, such as offsite infiltration, may be available to the project site. The project site should contact the City Engineer or his/her appointee to determine eligibility. Alternative compliance options are further specified in the Los Angeles County 2014 Low Impact Development Standards Manual (2014 LID Standards Manual). G. The remaining SWQDv that cannot be retained or biofiltered onsite must be treated to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the Municipal NPDES Permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of: inches per hour, or 2. The one-year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater. H. A Multi-Phased Project may comply with the standards and requirements of this section for all of its phases by: (a) designing a system acceptable to the City Engineer to satisfy these standards and requirements for the entire site during the first phase, and (b) implementing Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 38

40 3.a these standards and requirements for each phase of development or redevelopment of the site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase. For purposes of this section, Multi- Phased Project shall mean any Planning Priority Project implemented over more than one phase and the site of a Multi-Phased Project shall include any land and water area designed and used to store, treat, or manage stormwater runoff in connection with the development or redevelopment, including any tracts, lots, or parcels of real property, whether developed or not, associated with, functionally connected to, or under common ownership or control with such development or redevelopment. (Source: Order No. R ) SECTION 2. January 1, This Ordinance shall become effective and in full force on SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. ATTEST: CITY CLERK PASSED, APPROVED, AND ADOPTED this day of May DATE: MAYOR Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 39

41 3.a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 15- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 2015, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 15- and was published in The Signal newspaper in accordance with State Law (G.C ). CITY CLERK Attachment: Low Impact Development (LID) Ordinance [Revision 1] (1267 : SECOND READING OF THE LOW IMPACT DEVELOPMENT (LID) Packet Pg. 40

42 4 Agenda Item: 4 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: ANNUAL OVERLAY AND SLURRY SEAL PROGRAM, PROJECT M AWARD CONSTRUCTION CONTRACT FOR THE OVERLAY PORTION Public Works Damon Letz RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for the overlay portion of the Annual Overlay and Slurry Seal Program, Project M Award the construction contract to Sully-Miller Contracting Company in the amount of $5,562,500 and authorize a contingency in the amount of $1,687,500, for a total contract amount not to exceed $7,250, Authorize an expenditure in the amount of $401,464 to Twining, Inc., for a professional services contract to provide for project inspection and materials testing. 4. Authorize an increased expenditure in the amount of $50,000 to the existing professional services contract with Pavement Engineering, Inc., for construction management support and project design support services during construction. 5. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The Annual Overlay project is an integral part of the City of Santa Clarita s (City) pavement management program. Each year, streets are evaluated and identified for the need of pavement preservation and rehabilitation treatments. The project will resurface streets in various areas of the City (see attached project street list). This treatment will provide a smoother ride for Page 1 Packet Pg. 41

43 4 vehicles, enhance the appearance of the roadway and surrounding area, and extend the life of the roadway for a minimum of 15 years. This year's project is expected to begin construction in June 2015 and be completed by the end of August An invitation to bid was prepared, published three times (March 14, March 15, and March 18, 2015), and posted on the City's website. Plans and specifications were also sent to area plan rooms. Bids were submitted to the City and opened by Purchasing on April 15, The results of the bids are shown below: Company Location Bid Amount Sully-Miller Contracting Company Brea, CA $5,562, Palp, Inc., DBA Excel Paving Company Long Beach, CA $5,598, Toro Enterprises, Inc. Oxnard, CA $5,598, C.A. Rasmussen, Inc. Santa Clarita, CA $5,618, Security Paving Company, Inc. Sylmar, CA $5,735, All American Asphalt Corona, CA $5,968, Granite Construction Company Lancaster, CA $6,964, Staff recommends awarding the construction contract to the lowest responsive bidder, Sully- Miller Contracting Company, who possesses a state contractor license and is in good standing with the State Contractors Board. The bid from Sully-Miller Contracting Company was reviewed for accuracy and conformance to the contract documents and found to be complete. The construction contingency requested will cover the cost for unforeseen site conditions, such as potential utility conflicts, abandoned utilities not shown in record drawings, change order requests made by the contractor, and change orders for additional street resurfacing ordered by the City. Due to the bids being lower than the engineer's estimate, the project will be reviewed during construction to evaluate potential additional work. To ensure efficient and proper procedures in construction inspection and materials testing, costs for these services were anticipated and identified in the original budget, and a request for proposal (RFP) was sent to five qualified engineering firms. The RFP asked firms to identify their relevant experience in similar projects and demonstrate their approach to this project. The City received proposals from four firms by April 15, City Staff reviewed the proposals and based on their evaluations scored the firms on a scale of 100 possible points. Rank Company Score Location Proposal Amount 1 Twining, Inc. 93 Ventura, CA $401, NV5 West, Inc Ventura, CA $388, Pavement Engineering, Inc. 92 San Luis Obispo, CA $381, California Testing Inspection Los Angeles, CA $395, The scoring system was based on the following: recent experience in similar projects, qualification of team and resources, understanding of key development items, quality of proposal and proposed services in relation to the projects scope, scheduling and availability, and references. Based on the City s evaluation process, staff recommends awarding the construction Page 2 Packet Pg. 42

44 4 inspection and materials testing services contract to Twining, Inc., in an amount not to exceed $401,464. Twining s proposal rating is a reflection of their experience with similar projects within the City and due diligence during the preparation of their proposal. California Government Code 4526 prescribes selection of architectural and engineering services to be based on demonstrated competence and professional qualification necessary for the satisfactory performance of the services required and does not authorize the selection of professional architectural and engineering services based on cost. To provide continuity of services through the construction phase of this project, staff recommends retaining the design consultant, Pavement Engineering, Inc., in the amount of $50,000, for professional services to provide project design support during construction. Additional budgeted funds of $485,000 will be utilized for survey, construction management, labor compliance, staff oversight, and miscellaneous project administration costs. Overlay and Slurry Seal Program cost breakdown: Overlay Portion $8,186, Slurry Seal Portion (To be awarded under separate agenda report) $1,540, Total Awarded $9,726, While the City maintains a Support of Local Businesses policy that can be utilized by the City Council when warranted, the City is governed by the California Public Contract Code with regard to public works project procurement. In this type of procurement, the California Public Contract Code does not permit a city to utilize a Support of Local Businesses policy and instead requires the contract be awarded to the lowest responsible bidder. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Funding for the Overlay and Slurry Seal Program was appropriated via the Fiscal Year budget process. Adequate funds exist in expenditure accounts M (Gas Tax), M (Transportation Development Act, Article 8), and M (Measure R Local Return) to award both the overlay contract in an amount not to exceed $7,250,000, including contingency, and the slurry seal contract, which is being awarded via a separate agenda report. Appropriated funds will provide for all anticipated project costs. ATTACHMENTS Project Street List Contract for Sully-Miller Contracting Company (available in the City Clerk's Reading File) Page 3 Packet Pg. 43

45 4.a City of Santa Clarita Annual Overlay Project, M0102A PEI Project No PROJECT STREET LIST Base Bid Arterials 2/24/2015 NEIGHBORHOODS Street Name Begin Location End Location Bouquet Canyon Road Alamogordo Road Centurion Way Newhall Avenue Pine Street Sierra Highway Soledad Canyon Road Langside Avenue Bridge W/O Camp Plenty C11 Street Name Begin Location End Location MACKLIN AV SOUTH END FAIRGLADE ST ALDER PEAK CANVAS ST WINTERDALE DR CANVAS ST WINTERDALE DR ALDER PEAK GOODVALE RD WINTERDALE DR KENROY AVE LAKECREST AV GOODVALE RD NORTH END MACKLIN AV FAIRGLADE ST NEARVIEW DR NEARVIEW DR WINTERDALE DR MACKLIN AV SHADYVIEW DR WINTERDALE DR NORTH END TIARA CT SHADYVIEW DR NORTH END WINTERDALE DR NEARVIEW DR SHADYVIEW DR NORTH WINTERDALE DR BAINBURY ST ALDER PEAK FAIRGLADE ST KENROY AV MACKLIN AV KENROY AV SOLEDAD CANYON RD NORTH END N7 Street Name Begin Location End Location 13TH ST RAILROAD AV ARCH ST ADEN AV OLD ADEN AV S END ARCH ST 12TH ST 13TH ST CLEARDALE STREET QUIGLEY CANYON END OF PAVEMENT MEADVIEW AV PLACERITA CANYON RD OAK ORCHARD RD PLACERITA CANYON RD 12TH ST CAST AV PLACERITOS BL 12TH ST EAST END QUIGLEY CANYON RD PLACERITOS BL CLEARDALE ST Attachment: Project Street List (1227 : ANNUAL OVERLAY AND SLURRY SEAL PROGRAM) Page 1 of 3 2/24/2015 Packet Pg. 44

46 4.a S7 Street Name Begin Location End Location BEN CT WEST END CANTERWOOD DR BENZ RD CANTERWOOD DR COPPER HILL DR CALWOOD ST WEST END ALAMINOS DR CANTERWOOD DR BENZ RD 1465 NORTH OF BENZ RD CONTESSA AV FRANWOOD DR CANTERWOOD DR DAN CT BENZ RD EAST END FRANWOOD DR 0276 FT WEST OF MIST CT ALAMINOS DR JENNY CT WEST END ALAMINOS DR MIST CT FRANWOOD DR NORTH END NEWBIRD DR SHINE DR CALWOOD ST OAKLAR DR SHINE DR CALWOOD ST RAY CT SOUTH END DAN CT SHELTER COVE DR SHINE DR CALWOOD ST SHINE DR WEST END ALAMINOS DR V2N Street Name Begin Location End Location ACACIA CT SOUTH END STARTREE LN ASH CT DEODAR PL EAST END ASPEN CT SOUTH END STARTREE LN AVOCADO PL SOUTH END TAMARACK LN BANYAN PL WEST END SECO CANYON RD BOXWOOD LN STARTREE LN SECO CANYON RD CITRUS PL NORTH END TAMARACK LN DEODAR PL BOXWOOD PL NORTH END FIR CT STARTREE LN NORTH END GUMTREE PL SECO CANYON RD NORTH END MAGNOLIA WY BOXWOOD LN TAMARACK LN RAINTREE LN TAMARACK LN STARTREE LN STARTREE LN TAMARACK LN RAINTREE LN SUGAR PINE WY TAMARACK LN WHITE PINE PL TAMARACK LN SECO CANYON RD NORTH END WHITE PINE PL WEST END AVOCADO PL V6N Street Name Begin Location End Location BIRCH GLEN CR SEQUOIA GLEN DR EAST END CYPRESS RIDGE CR SEQUOIA GLEN DR WEST END MAGNOLIA GLEN DR SEQUOIA GLEN DR SYCAMORE CREEK DR MAPLE RIDGE CR SOUTH END SEQUOIA GLEN DR WILLOW VIEW CR SEQUOIA GLEN DR EAST END SEQUOIA GLEN DR CALVELLO DR PAMPLICO CR V29S Street Name Begin Location End Location KANSAS ST LYONS AV NORTH END OAK ST W END NEWHALL AV Attachment: Project Street List (1227 : ANNUAL OVERLAY AND SLURRY SEAL PROGRAM) N6 Street Name Begin Location End Location CHESTNUT ST LYONS AV NEWHALL AV 6TH ST NEWHALL AV RAILROAD AV 9TH ST MAIN STREET NEWHALL AV WALNUT ST LYONS AV NEWHALL AV MAIN ST 6TH ST ROUNDABOUT Page 2 of 3 2/24/2015 Packet Pg. 45

47 4.a Add Alternates V24S Street Name Begin Location End Location MILL VALLEY RD ORCHARD VILLAGE RD EAST END VIA AVANT AVENIDA FRASCA N END VIA CLASICO AVENIDA FRASCA END VIA DELFINA AVENIDA FRASCA N END VIA RANA AVENIDA FRASCA N END N11 Street Name Begin Location End Location MARKET ST NEWHALL AV CROSS ST Arterial Street Name Begin Location End Location McBean Parkway Magic Mountain Parkway Valencia Boulevard Attachment: Project Street List (1227 : ANNUAL OVERLAY AND SLURRY SEAL PROGRAM) Page 3 of 3 2/24/2015 Packet Pg. 46

48 5 Agenda Item: 5 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: ANNUAL OVERLAY AND SLURRY SEAL PROGRAM, PROJECT M AWARD CONSTRUCTION CONTRACT FOR THE SLURRY SEAL PORTION Public Works Damon Letz RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for the slurry seal portion of the Annual Overlay and Slurry Seal Program, Project M Award the construction contract to Intermountain Slurry Seal, Inc., in the amount of $1,241,004 and authorize a contingency in the amount of $124,101 for a total contract amount not to exceed $1,365, Authorize an expenditure in the amount of $61,252 to Twining, Inc., for a professional services contract to provide for project inspection and materials testing. 4. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The Annual Slurry Seal project is an integral part of the City of Santa Clarita s (City) pavement management program. Each year, streets are evaluated and identified for the need of pavement preservation and preventative maintenance treatments. The project will seal cracks and coat the surface of streets in various areas of the City (see attached project street list). This treatment will provide a smoother ride for vehicles, enhance the appearance of the roadway and surrounding area, and extend the life of the roadway for a minimum of three years. This year's project is expected to begin construction in June 2015 and be completed by the end of August Page 1 Packet Pg. 47

49 5 An invitation to bid was prepared, published three times (March 14, March 15, and March 18, 2015), and posted on the City's website. Plans and specifications were also sent to area plan rooms. Bids were submitted to the City and opened by Purchasing on April 16, The results of the bids confirmed by the City are shown below: Company Location Bid Amount Intermountain Slurry Seal, Inc. Reno, NV $1,241, Pavement Coatings Jurupa Valley, CA $1,286, All American Asphalt Corona, CA $1,290, VSS International West Sacramento, CA $1,302, Staff recommends awarding the construction contract to the lowest responsive bidder, Intermountain Slurry Seal, Inc., who possesses a state contractors license and is in good standing with the State Contractors Board. The bid from Intermountain Slurry Seal, Inc. was reviewed for accuracy and conformance to the contract documents and found to be complete. The construction contingency requested will cover the cost for unforeseen site conditions, such as potential utility conflicts, abandoned utilities not shown in record drawings, change order requests made by the contractor, and change orders for additional street surfacing ordered by the City. To ensure efficient and proper procedures in construction inspection and materials testing, costs for these services were anticipated and identified in the original budget, and a request for proposal (RFP) was sent to five qualified engineering firms. The RFP asked firms to identify their relevant experience in similar projects and demonstrate their approach to this project. The City received proposals from four firms by April 15, City Staff reviewed the proposals and based on their evaluations scored the firms on a scale of 100 possible points. Rank Company Score Location ProposalAmount 1 Twining, Inc 93 Ventura, CA $61, NV5 West, Inc Ventura, CA $60, Pavement Engineering, Inc. 92 San Luis Obispo, CA $62, California Testing Inspection Los Angeles, CA $62, The scoring system was based on the following: recent experience in similar projects, qualification of team and resources, understanding of key development items, quality of proposal and proposed services in relation to the projects scope, scheduling and availability, and references. Based on the City s evaluation process, staff recommends awarding the construction inspection and materials testing services contract to Twining, Inc., in an amount not to exceed $61,252. Twining s proposal rating is a reflection of their experience with similar projects within the City and due diligence during the preparation of their proposal. California Government Code 4526 prescribes selection of architectural and engineering services to be based on demonstrated competence and professional qualification necessary for the Page 2 Packet Pg. 48

50 5 satisfactory performance of the services required and does not authorize the selection of professional architectural and engineering services based on cost. From the project budget, $114,000 will be used for construction management, materials testing, inspection, survey, labor compliance, staff oversight, and miscellaneous project administration costs. Slurry Seal and Overlay Program cost breakdown: Slurry Seal Portion $1,540, Overlay Portion (To be awarded under separate agenda report) $8,186, ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Total Awarded $9,726, Funding for the Overlay and Slurry Seal Program was appropriated via the Fiscal Year budget process. Adequate funds exist in expenditure accounts M (Gas Tax), M (Transportation Development Act, Article 8), and M (Measure R Local Return) to award both the slurry seal contract in an amount not to exceed $1,365,105 including contingency and the overlay contract, which is being awarded via a separate agenda report. Appropriated funds will provide for all anticipated project costs. ATTACHMENTS Project Street List Contract for Intermountain Slurry Seal, Inc. (available in the City Clerk's Reading File) Page 3 Packet Pg. 49

51 5.a City of Santa Clarita Annual Slurry Seal Project, M0102B PEI Project No PROJECT STREET LIST Base Bid 2/24/2015 Arterials NEIGHBORHOODS Street Name Begin Location End Location Copper Hill Drive McBean Parkway Seco Canyon Road C4 Street Name Begin Location End Location FURNIVALL AV SOLEDAD ST 0320 FT NORTH OF SANTA CLARA ST RUETHER AV SOLEDAD CANYON RD SANTA CLARA ST SANTA CLARA ST RUETHER AV FURNIVALL AVE SOLEDAD ST RUETHER AV FURNIVALL AVE C26 Street Name Begin Location End Location LOST CANYON ROAD SAND CANYON END OF PUBLIC MAINT RD LA VEDA AV S END LOST CANYON RD COLHARY CT S END LOST CANYON RD N7 Street Name Begin Location End Location ADEN AV OLD ADEN AV S END CLEARDALE STREET QUIGLEY CANYON END OF PAVEMENT MEADVIEW AV PLACERITA CANYON RD OAK ORCHARD RD PLACERITA CANYON RD 12TH ST CAST AV PLACERITOS BL 12TH ST EAST END QUIGLEY CANYON RD PLACERITOS BL CLEARDALE ST Attachment: Project Street List (1244 : ANNUAL OVERLAY AND SLURRY SEAL, PROJECT M0102) Page 1 of 2 2/24/2015 Packet Pg. 50

52 5.a ALTERNATES C34 Street Name Begin Location End Location BENTLEY MANOR PL MEDLEY RIDGE DR END BIRKEWOOD CT MEDLEY RIDGE DR END CLOVERHURST PL NORTH END SOUTH END CROSS GATE CT BENTLY MANOR PL END FIELDWOOD CT MEDLEY RIDGE DR END GAYLEMONT WY FIELDWOOD CT CLOVERHURST PL GLADESWORTH LN POPLAR POINT LN MEDLEY RIDGE DR INNSBRUCK POINT CT MEDLEY RIDGE DR END MARLEWOOD POINT CT POPLAR POINT LN END MEDLEY RIDGE DR LOST CANYON RD LOST CANYON RD POPLAR POINT LN EAST END FIELDWOOD CT S21 Street Name Begin Location End Location ALTAIR LN GARNET CANYON DR DISCOVERY RIDGE DR CELESTIAL LN DISCOVERY RIDGE DR END EVENING STAR CT DISCOVERY RIDGE DR END GARNET CANYON DR NORTH END CYPRESS DR MOON DUST CT GARNET CANYON DR END MORNING STAR WY DISCOVERY RIDGE DR END ORION LN END ALTAIR LN STARFALL WY END ALTAIR LN SUMMER BREEZE CT END DISCOVERY RIDGE DR WIND FLOWER PL END DISCOVERY RIDGE DR V24S Street Name Begin Location End Location AVENIDA FRASCA VIA BARRA NORTH END VIA BARRA AVENIDA FRASCA VIA PALACIO VIA RANA AVENIDA FRASCA N END Attachment: Project Street List (1244 : ANNUAL OVERLAY AND SLURRY SEAL, PROJECT M0102) Page 2 of 2 2/24/2015 Packet Pg. 51

53 6 Agenda Item: 6 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS Public Works Travis Lange RECOMMENDED ACTION City Council: 1. Adopt a resolution for the Fourth Amendment to the Amended and Restated Agreement between the City of Santa Clarita and USA Waste of California, Inc. (DBA Waste Management), for residential solid waste management services allowing an adjustment in their residential rates by 4.13 percent based on the formula outlined in their Franchise Agreement, and authorize the City Manager to execute the amended agreement, subject to City Attorney approval. 2. Adopt a resolution for the Third Amendment to the Amended and Restated Agreement between the City of Santa Clarita and Burrtec Waste Industries, Inc., for commercial solid waste management services allowing an adjustment in rates by 4.22 percent based on the formula outlined in their Franchise Agreement, and authorize the City Manager to execute the amended agreement, subject to City Attorney approval. BACKGROUND In November 2003, the City Council selected USA Waste of California, Inc. (Waste Management), as the exclusive solid waste hauler for residential services and Burrtec Waste Industries, Inc. (Burrtec) for commercial services. Pursuant to Section 6.3 of their respective agreements, Waste Management and Burrtec may request rate adjustments for their next rate year, July 1, 2015, through June 30, They must submit a request for the adjustment by April 1, 2015, and follow the specific guidelines for a rate increase as outlined in Section 6.4 of the Franchise Agreements. Per Section 6.3 of the Franchise Agreements, Adjustments to the Page 1 Packet Pg. 52

54 6 maximum rates are subject to the approval of the City Council at a publicly noticed City Council meeting, although the City Council's discretion shall be limited to determining, based on substantial evidence, whether the requested maximum rate adjustment meets the requirements as set forth herein. On May 24, 2011, the City of Santa Clarita (City) negotiated additional residential and commercial diversion programs to be added to the Franchise Agreements. The diversion programs included a Super Saver Program, providing a financial incentive for increased recycling and use of smaller waste carts for residents, small recycling carts for businesses lacking space for full-size bins, and litter/abandoned item abatement from the public right-ofway. Waste Management With the addition of the new diversion programs, the City Council authorized the City Manager to execute the Amended and Restated Franchise Agreements to include an extraordinary rate adjustment for rate year This will be the second to last extraordinary rate adjustment for Waste Management with the final adjustment taking place in the rate year Waste Management's extraordinary rate adjustment for rate year is 2.5 percent. The City's review of Waste Management's proposed rate increase determined a 1.63 percent increase is in line with the methodology outlined in the Franchise Agreement. The annual rate cap is limited to 6 percent. This authorized extraordinary rate of 2.5 percent, and the proposed annual rate adjustment of 1.63 percent, will adjust the single-family rate to a total of 4.13 percent. In the letter submitted by Waste Management, dated March 27, 2015, the requested adjustment was calculated to be 4.14 percent. Due to rounding corrections, staff revised the adjustment to 4.13 percent. With the approval of the proposed rate change, the new single-family monthly rate will increase by $0.87 to $21.95 from the current rate of $21.08, effective July 1, Similar collection service in the unincorporated area of the Santa Clarita Valley is currently $22.51 as of July 1, Attached is a summary of the Method of Adjustment for Waste Management for this annual rate adjustment described in Section 6.4 of the Franchise Agreement. Burrtec The City Council also approved an extraordinary rate adjustment of percent for Burrtec for the rate year This extraordinary rate adjustment is the last from the 2011 negotiations. The City's review of Burrtec's proposed rate increase determined a percent increase is in line with the methodology outlined in the Franchise Agreement. The annual rate cap is limited to 6 percent. The annual rate adjustment of percent and extraordinary adjustment of percent will total 4.22 percent, which would be effective July 1, With the approval of the proposed rate change, the new rate for a three-cubic-yard bin, serviced once a week, will increase by $3.49 to $80.46 per month from the current rate of $ Due to rounding corrections, staff revised the adjustment to 4.22 percent from percent, as proposed by Burrtec. Attached is a summary of the Method of Adjustment for Burrtec for this annual rate adjustment described in Section 6.4 of the Franchise Agreement. Page 2 Packet Pg. 53

55 6 ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None ATTACHMENTS Resolution - Waste Management Waste Management Rate Methodology Waste Management Request Letter Resolution - Burrtec Burrtec Rate Methodology Burrtec Request Letter Page 3 Packet Pg. 54

56 6.a RESOLUTION 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FOURTH AMENDMENT OF THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC. (WASTE MANAGEMENT), FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES WHEREAS, the City of Santa Clarita (City) is empowered under Section 7 of Article 11 of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, in partial implementation of Section 7 of Article 11 of the California Constitution, California Public Resources Code Section authorizes the City to determine all aspects of handling of solid waste that are of local concern, including the frequency of collection, means of collection and transportation, level of services and nature, location, and extent of waste handling services; and WHEREAS, on November 20, 2003, the City and USA Waste of California, Inc. (Waste Management), entered into that certain "Agreement Between the City of Santa Clarita and USA Waste of California, Inc., for Residential Solid Waste Management Services" (Agreement); and WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California Inc.; and WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc., Waste Management is entitled to pursue an annual adjustment to its maximum rates for the rate year commencing on July 1, 2015 to June 30, 2016; and WHEREAS, the City and Waste Management desire to amend the Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc., by increasing the maximum rates as outlined in Sections 6.3 and 6.4 of the Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The "Fourth Amendment of the Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc., for Residential Solid Waste Management Services" (Fourth Amendment), a copy of which is attached hereto, is hereby approved. The City Manager is authorized to execute the Fourth Amendment on behalf of the City. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. 1 Attachment: Resolution - Waste Management (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 55

57 6.a ATTEST: PASSED, APPROVED, AND ADOPTED this 26th day of May CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 2 MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: Resolution - Waste Management (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 56

58 6.a FOURTH AMENDMENT OF THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC., (WASTE MANAGEMENT) FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES This FOURTH AMENDMENT OF THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC., (WASTE MANAGEMENT) FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES, (Fourth Amendment) is entered into this day of 2015, between the City of Santa Clarita, California, a California municipal corporation (City) and USA Waste of California, Inc., a California corporation to amend that certain Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc., for Residential Solid Waste Management Services. RECITALS WHEREAS, the City is empowered under Section 7 of Article 11 of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, in partial implementation of Section 7 of Article 11 of the California Constitution, California Public Resources Code Section authorizes the City to determine all aspects of handling of solid waste that are of local concern, including the frequency of collection, means of collection and transportation, level of services and nature, location, and extent of waste handling services; and WHEREAS, on November 20, 2003, the City and USA Waste of California, Inc., (Waste Management) entered into that certain Agreement Between the City of Santa Clarita and USA Waste of California, Inc., (Waste Management) for Residential Solid Waste Management Services ; and WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California Inc.(Waste Management); and WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Waste Management is entitled to pursue an annual adjustment to its maximum rates for the rate year commencing on July 1, 2015; and WHEREAS, the City and Waste Management desire to amend the Amended and Restated Agreement by adjusting the maximum rates as outlined in Section 6.3 and 6.4 of the Amended and Restated Agreement. 3 Attachment: Resolution - Waste Management (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 57

59 6.a NOW, THEREFORE, the City and Waste Management in consideration of their mutual promises, amend the Amended and Restated Agreement as follows: SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be amended to contain the following maximum rates commencing July 1, 2015: Standard Service Rate Reduced Rate for no Greenwaste services Reduced Rate for Super Saver/Senior/Lifeline Customers Mobile Home Service Rate The multi-family rates will be as follows: 4 $21.95 per month $19.87 per month $17.56 per month $16.48 per month Container Number of Weekly Pickups Size yd³ $66.21 $ $ $ $ $ $ yd³ $70.58 $ $ $ $ $ $ yd³ $79.29 $ $ $ $ $ $ yd³ $87.98 $ $ $ $ $ $ Special Services Costs Street Litter Carts $19.46 per set per month Restart Charge $19.81 Refuse Overage Extra Pickup $6.61 per pickup Extra Trash Cart $13.20 per month Locking Bin $13.21 per bin per month Bulk Billing Discount 8% Extra Bulky Item Pickup $26.42 per pickup Additional Bin Cleanings $46.22 per cleaning Extra Bin Empties $46.22 per empty Compactor Rates 2x comparable bin rate Late Fees 1.5% per month Emergency Services $92.47per hour Manure Collection 100% of comparable multifamily bin refuse rate Prepayment Discount One month free with 11 months prepaid SECTION 2. Except as expressly amended herein, all provisions of the Amended and Restated Agreement are and remain in full force and effect. Attachment: Resolution - Waste Management (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 58

60 6.a IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Kenneth W. Striplin City Manager ATTEST: Kevin Tonoian City Clerk APPROVED AS TO FORM: Joseph Montes City Attorney 5 Attachment: Resolution - Waste Management (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 59

61 6.a WASTE MANAGEMENT By: State of California ) ) County of ) [CEO, President, Chairman of the Board or any Vice President] And By: [The Secretary, any assistant secretary, CFO or any assistant treasurer] On before me,, Date Here Insert Name and Title of the Officer Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public 6, Attachment: Resolution - Waste Management (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 60

62 City of Santa Clarita Calculations For Residential Waste (Waste Management) Hauler's Annual Adjustment (FY 2015/2016) Cost Category Weighting Source Rate Adjustment Index Oct Sep 2013 Average Oct Sep 2014 Average Change Percent Change Weighted Change Labor 30% PPI Waste Collection Waste Collection PCU Fuel 5% DOE Clean Cities Alternative Fuel Report, Compressed Natural Gas Relative to Diesel, West Coast Price Quarterly Reports. y.gov/afdc/price_repor t.html Equipment 15% Disposal 25% BLS PPI, Industry, Heavy Duty Truck Manufacturing BLS CPI All Urban Consumers, Garbage and Trash Collection, Not Seasonally Adjusted, US City Average PCU CUUR0000SEHG All Other 25% 50% of BLS CPI All Urban Consumers, Garbage and Trash Collection, Not Seasonally Adjusted, US City Average CUUR0000SEHG Total Standard Methodology 100% 1.63 Previously Approved Extraordinary Adjustment Council Approved on May 24, Packet Pg. 61 Total Rate Adjustment 4.13 Attachment: Waste Management Rate Methodology (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE 6.b

63 6.c Attachment: Waste Management Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE Packet Pg. 62

64 6.c Attachment: Waste Management Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE Packet Pg. 63

65 6.c Attachment: Waste Management Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE Packet Pg. 64

66 6.c Attachment: Waste Management Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE Packet Pg. 65

67 6.c Attachment: Waste Management Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE Packet Pg. 66

68 6.c Attachment: Waste Management Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE Packet Pg. 67

69 6.c Attachment: Waste Management Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE Packet Pg. 68

70 6.d RESOLUTION 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING THE THIRD AMENDMENT OF THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC. (BURRTEC), FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES WHEREAS, the City of Santa Clarita (City) is empowered under Section 7 of Article 11 of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, in partial implementation of Section 7 of Article 11 of the California Constitution, California Public Resources Code Section authorizes the City to determine all aspects of handling of solid waste that are of local concern, including the frequency of collection, means of collection and transportation, level of services and nature, location, and extent of waste handling services; and WHEREAS, on November 20, 2003, the City and Burrtec Waste Industries, Inc. (Burrtec), entered into that certain "Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services"; and WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended and Restated Agreement with Burrtec; and WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Burrtec is entitled to pursue an annual adjustment to its maximum rates for the rate year commencing on July 1, 2015, to June 30, 2016; and WHEREAS, the City and Burrtec desire to amend the Amended and Restated Agreement by increasing the maximum rates as outlined in Sections 6.3 and 6.4 of the Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The "Third Amendment of the Amended and Restated Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services" (Third Amendment), a copy of which is attached hereto is hereby approved. The City Manager is authorized to execute the Third Amendment on behalf of the City. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Attachment: Resolution - Burrtec (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 69

71 6.d PASSED, APPROVED, AND ADOPTED this 26th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: Resolution - Burrtec (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 70

72 6.d THIRD AMENDMENT OF THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES This THIRD AMENDMENT OF THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES, (Third Amendment) is entered into this day of 2015, between the City of Santa Clarita, California, a California municipal corporation (City) and Burrtec Waste Industries Inc., a California corporation (Burrtec) to amend that certain Amended and Restated Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services. RECITALS WHEREAS, the City is empowered under Section 7 of Article 11 of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, in partial implementation of Section 7 of Article 11 of the California Constitution, California Public Resources Code Section authorizes the City to determine all aspects of handling of solid waste that are of local concern, including the frequency of collection, means of collection and transportation, level of services and nature, location, and extent of waste handling services; and WHEREAS, on November 20, 2003, the City and Burrtec Waste Industries, Inc. entered into that certain Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services ; and WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended and Restated Agreement with Burrtec and WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Burrtec is entitled to pursue an annual adjustment to its maximum rates for the rate year commencing on July 1, 2015; and WHEREAS, the City and Burrtec desire to amend the Amended and Restated Agreement by adjusting the maximum rates as outlined in Section 6.3 and 6.6 of the Amended and Restated Agreement. NOW, THEREFORE, the City and Burrtec in consideration of their mutual promises, amend the Amended and Restated Agreement as follows: SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be amended to Attachment: Resolution - Burrtec (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 71

73 6.d contain the following maximum rates commencing July 1, 2015: Number of Weekly Pickups Container Size gal Cart $50.57 $91.01 $ $ $ $ N/A 32-gal Cart $45.20 $81.38 $ $ $ $ N/A 1.5 yd³ $70.71 $ $ $ $ $ $ yd³ $73.57 $ $ $ $ $ $ yd³ $80.46 $ $ $ $ $ $ yd³ $ $ $ $ $ $ $ yd³ $ $ $ $ $ $ $ Number of Weekly Green Waste Pickups Container Size yd³ $60.33 $ $ $ $ $ $ Special Services Locking Bin Commercial Bulky Item Pickup Additional Bin Cleanings Extra Bin Empties Extra Trash Cart Empties Compactor Rates Late Fees Emergency Services Costs $12.44 per bin per month $24.87 per item $43.54 per cleaning $43.54 per bin $30.81 per barrel 2x comparable bin rate 1.5% per month $87.11 per hour SECTION 2. Except as expressly modified in this Third Amendment, all other provisions of the Agreement are and remain in effect. (Signatures on next page) Attachment: Resolution - Burrtec (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 72

74 6.d IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Kenneth W. Striplin City Manager ATTEST: Kevin Tonoian City Clerk APPROVED AS TO FORM: Joseph Montes City Attorney Attachment: Resolution - Burrtec (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 73

75 6.d State of California ) ) County of ) BURRTEC WASTE INDUSTRIES, INC. By: _ [CEO, President, Chairman of the Board or any Vice President] And By: [The Secretary, any assistant secretary, CFO or any assistant treasurer] On before me,, Date Here Insert Name and Title of the Officer Place Notary Seal Above Signature Signature of Notary Republic Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal., Attachment: Resolution - Burrtec (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 74

76 Packet Pg. 75 Cost Category Weighting Source Labor 30% Fuel 5% Equipment 15% Disposal 34% All Other 16% PPI Waste Collection Waste Collection DOE Clean Cities Alternative Fuel Report, Compressed Natural Gas Relative to Diesel, West Coast Price BLS PPI, Industry, Heavy Duty Truck Manufacturing BLS CPI All Urban Consumers, Garbage and Trash Collection, Not Seasonally Adjusted, US City Average 50% of BLS CPI All Urban Consumers, Garbage and Trash Collection, Not Seasonally Adjusted, US City Average Rate Adjustment Index Oct Sep 2013 Average Oct Sep 2014 Average Change Percent Change Weighted Change PCU Quarterly Reports. ergy.gov/afdc/price _report.html PCU CUUR0000SEHG CUUR0000SEHG Total Standard Methodology 100% Previously Approved Extraordinary Adjustment City of Santa Clarita Calculations For Commercial (Burrtec) Waste Hauler's Annual Adjustment (FY 2015/2016) Council Approved on May 24, 2011 Total Rate Adjustment 4.22 Attachment: Burrtec Rate Methodology (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) e

77 6.f Attachment: Burrtec Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 76

78 6.f Attachment: Burrtec Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 77

79 6.f Attachment: Burrtec Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 78

80 6.f Attachment: Burrtec Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 79

81 6.f Attachment: Burrtec Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 80

82 6.f Attachment: Burrtec Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 81

83 6.f Attachment: Burrtec Request Letter (1263 : ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS) Packet Pg. 82

84 7 Agenda Item: 7 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: COMMUNITY FACILITIES DISTRICT - VISTA CANYON RANCH LLC Administrative Services Elena Galvez RECOMMENDED ACTION City Council: 1. Adopt a resolution approving a Deposit and Reimbursement Agreement relating to the proposed City of Santa Clarita Community Facilities District No (Vista Canyon) and the retention of certain professional firms in connection therewith. 2. Adopt a reimbursement resolution to allow for the reimbursement of expenditures made prior to the issuance of obligations issued for certain public facilities within a proposed City-formed community facilities district. BACKGROUND The Vista Canyon project was approved by City Council on April 26, It is a 185-acre multi-use project which consists of up to 1,100 residential units, approximately 950,000 square feet of commercial floor area, a new Metrolink station and bus transfer station, water reclamation plant, and over 21 acres of recreational amenities, including a 10-acre neighborhood park. Resolution No was also approved by City Council on April 26, 2011, which included the Final Conditions of Approval and the Transit Funding Agreement. Final Condition of Approval No. TS8 required the applicant to comply with the requirements of the Transit Funding Agreement, and Transit Funding Agreement Section 4.0 states the following: Vista will create a Community Facilities District ( CFD ) over the commercial properties within the Vista Canyon project. The City agrees to work with and facilitate the formation of this CFD, and Vista commits to allocate 15% of the proceeds of this CFD to construction of the Transit Station. Total proceeds from the CFD are estimated to be between $10 million and $15 million. Page 1 Packet Pg. 83

85 7 City staff has received an application by Vista Canyon Ranch LLC (Developer) for the formation of a community facilities district (District) in connection with the Vista Canyon project for the purpose of financing of a public parking structure and a portion of the transit station (Project). Community Facilities Districts (CFDs) can be formed by cities, school districts, counties, and special districts to finance public improvements. A CFD has the authority to levy a special tax on property (which is in addition to general property taxes), to finance a variety of public improvements or services. If there are more than 12 eligible voters, the special tax must be approved by a two-thirds vote of the registered voters within the CFD; otherwise, the property owners can vote to approve the special tax. A CFD can be formed to finance a wide list of improvements, including roads, sewers, drainage, and parking facilities. The CFD special taxes are secured by a continuing lien and are levied annually against property within the CFD. The annual tax levy is used to pay debt service on bonds or for facilities on a pay-as-you-go basis, or a combination thereof. In the proposed Vista Canyon CFD there is a single property owner so that owner can approve the formation of the CFD. The formation of a community facilities district will require a number of City Council actions. The first action includes the approval of a reimbursement resolution for reimbursement of expenditures made prior to the issuance of the obligations, approval of the Deposit and Reimbursement Agreement relating to the proposed District, and the retention of certain professional firms in connection with the formation of the community facilities district. This preliminary action allows staff and the professional firms to proceed with discussions with the Developer on the proposed CFD. The subsequent actions, which will follow in several months, include the formal City Council approval to form the new CFD, which includes the CFD formation, public hearing, and election process followed some months later by approval of the bond financing documents. The subsequent Council actions will commence after all parties agree to the parameters of the special tax formula and the funding and acquisition agreement are finalized. The formal City Council approval process to create a new CFD takes approximately ninety (90) days. This process includes adopting resolutions of intention (ROI), holding a public hearing (at least 30 days after ROI), conducting an election, and adopting an ordinance levying the special tax. The action to approve the issuance of bonds is not expected until next year. Upon completion of the formation and election process for the District, the City anticipates that the District will issue CFD Special Tax Bonds (Bonds) to finance the reimbursement of costs associated with the parking structure and a portion of the transit station. Certain expenditures with respect to the Project may be paid by the City, the District, or other persons prior to the date of issuance of the Bonds. Approval of the attached reimbursement resolution will provide for such expenditures to be reimbursed from proceeds of the Bonds, if any are issued. The proposed deposit and reimbursement resolution approves the form of a deposit and reimbursement agreement with the Developer. Along with the application the Developer has filed with the City, the Developer will make a deposit of $75,000 to the City toward the costs of Page 2 Packet Pg. 84

86 7 forming the CFD, including the costs of staff and consultant time. The costs of forming the CFD are the responsibility of the Developer. If bonds are issued, the Developer will be reimbursed from the proceeds of the Bonds. The proposed deposit and reimbursement resolution also approves the hiring or appointment of certain consultants to the City in connection with the formation of the CFD and the issuance of the special tax bonds for the CFD: (i) C.M. de Crinis & Co., Inc., Glendale, California, as financial advisor to the City; (ii) the law firm of Norton Rose Fulbright U.S., LLP, Los Angeles, California, as bond and disclosure counsel; and (iii) Harris & Associates, Irvine, California, as special tax consultant. All fees are expected to be paid from the deposit of the Developer or as part of the costs of issuance of the Bonds. The proposed formation of the CFD is consistent with the City s Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements, adopted on October 11, Per the City s policy guidelines, the request for the CFD is solely for the financing of the public parking structure and a portion of the transit station. Additionally, only the commercial property of this project will be assessed and not the owner-occupied residential units. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT No fiscal impact to the City with this action. The costs of forming the CFD are to be borne by the Developer. ATTACHMENTS Resolution - Reimbursement Resolution - Deposit and Reimbursement Agreement Deposit and Reimbursement Agreement Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements Page 3 Packet Pg. 85

87 RESOLUTION NO a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING ITS INTENT THAT A CITY-FORMED COMMUNITY FACILITIES DISTRICT ISSUE OBLIGATIONS FOR CERTAIN PUBLIC FACILITIES AND TO ALLOW FOR THE REIMBURSEMENT OF EXPENDITURES MADE PRIOR TO THE ISSUANCE OF SUCH OBLIGATIONS WHEREAS, the City Council of City of Santa Clarita, California (City) intends to form a community facilities district (District) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act), and further desires and intends that the District finance the acquisition and construction of certain public facilities and related costs (Public Facilities), including, but not limited to, public parking facilities and a portion of the transit station, in connection with the development of a mixed-use project within the District commonly known as Vista Canyon; and WHEREAS, the City expects the District to cause the issuance and sale of bonds, notes, or other obligations, in one or more series, for the purpose of providing financing for the Public Facilities in a principal amount of not to exceed $20,000,000 (Obligations); and WHEREAS, the City expects that certain expenditures relating to the Public Facilities will be incurred and paid from other sources of money made available to the District, the City, the developer, or other persons prior to the issuance of the Obligations (Reimbursable Expenditures); and WHEREAS, the City reasonably expects that a portion of the proceeds of the Obligations will be used to reimburse all or a portion of the Reimbursable Expenditures; NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The City hereby declares its official intent, subject to further approval of the legislative body of the District, to use the proceeds of the Obligations to reimburse Reimbursable Expenditures. It is intended that this Resolution shall constitute a declaration of official intent within the meaning of section of the Treasury Regulations promulgated under Section 150 of the Internal Revenue Code of All of the Reimbursable Expenditures covered by this Resolution were or are to be made not earlier than sixty (60) days prior to the adoption hereof, other than certain de minimis amounts and preliminary expenditures as described in Treas. Reg. Section (f)(2) that are exempt from the 60-day requirement pursuant to Section of the Treasury Regulations. The non-exempt Reimbursable Expenditures covered by this Resolution are eligible for reimbursement, provided the reimbursement occurs not later than eighteen (18) months after the later of the date the original expenditure is made or the date the property is placed in service; but in no event more than three (3) years after the original expenditure is made. Attachment: Resolution - Reimbursement (1277 : Vista Canyon CFD) SECTION 2. The adoption of this Resolution shall not bind the District to proceed with the issuance and sale of the Obligations until and unless all other necessary actions and approvals are taken or received in accordance with all applicable laws. Packet Pg. 86

88 7.a SECTION 3. All actions heretofore taken by the officers, or their respective designees, and the employees and agents of the City, on behalf of the District, in connection with the financing of the Public Facilities are hereby ratified and confirmed. The officers and their designees, the employees and agents of the City, acting on behalf of the District, are hereby authorized to take any and all actions in connection with the financing of the Public Facilities and as may be necessary and consistent with the purposes of this resolution. SECTION 4. This resolution shall take effect immediately upon its adoption. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 26 th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26 th day of May 2015, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: Attachment: Resolution - Reimbursement (1277 : Vista Canyon CFD) ABSENT: COUNCILMEMBERS: CITY CLERK Packet Pg. 87

89 7.b RESOLUTION NO. 15- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT RELATING TO THE PROPOSED CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO (VISTA CANYON) AND THE RETENTION OF CERTAIN PROFESSIONAL FIRMS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Santa Clarita, California (City) intends to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act), to be known as the City of Santa Clarita Community Facilities District No (Vista Canyon) (District); and WHEREAS, Section of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district (including the issuance of bonds thereby); and WHEREAS, the developer with respect to the District intends to make a security deposit with the City to cover certain costs of formation which are eligible for reimbursement upon the sale of bonds by the District from the proceeds of such bonds. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The City Council hereby approves the Deposit and Reimbursement Agreement by and between the City and Vista Canyon Ranch, LLC, in substantially the form presented to the City Council at this meeting. The City Manager or designee are hereby authorized to execute the Deposit and Reimbursement Agreement with such revisions, amendments, and completions as shall be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 2. The firm of C.M. de Crinis & Co., Inc., Glendale, California, is hereby retained as financial advisor in connection with the proposed District and the issuance of bonds, upon such terms and conditions as shall be approved by the City Manager or designee. The law firm of Norton Rose Fulbright U.S., LLP, Los Angeles, California, is hereby retained as bond counsel and disclosure counsel in connection with the proposed District and the issuance of bonds, upon such terms and conditions as shall be approved by the City Manager or designee. The firm of Harris & Associates, Irvine, California, is hereby retained as special tax consultant in connection with the proposed District and the issuance of bonds, upon such terms and conditions as shall be approved by the City Manager or designee. Attachment: Resolution - Deposit and Reimbursement Agreement (1277 : Vista Canyon CFD) Packet Pg. 88

90 7.b SECTION 3. This Resolution shall take effect immediately upon adoption. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 26 th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26 th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: Resolution - Deposit and Reimbursement Agreement (1277 : Vista Canyon CFD) 2 Packet Pg. 89

91 7.c DEPOSIT AND REIMBURSEMENT AGREEMENT THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (Deposit Agreement), dated as of, 2015, is by and between the City of Santa Clarita, California (City) and Vista Canyon Ranch LLC, a California limited liability company, (Owner). RECITALS WHEREAS, the City has determined to initiate proceedings to create a community facilities district designated City of Santa Clarita Community Facilities District No (Community Facilities District) under the Mello-Roos Community Facilities Act of 1982, as amended (Act); and WHEREAS, Owner is the owner of the real property within the proposed Community Facilities District; and WHEREAS, in accordance with City s policy regarding use of the Act, the Owner is required to compensate the City for all costs reasonably incurred in the formation of the Community Facilities District and issuance of bonds for the Community Facilities District; and WHEREAS, Section of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district (including the issuance of bonds thereby); and WHEREAS, Section of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest under all of the following conditions: (a) the proposal to repay the funds is included in both the resolution of intention to establish a community facilities district adopted pursuant to Section of the Act and in the resolution of formation to establish the community facilities district pursuant to Section of the Act (including the issuance of bonds thereby), (b) any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds, without interest; and Attachment: Deposit and Reimbursement Agreement (1277 : Vista Canyon CFD) WHEREAS, the City and the Owner desire to enter into this Deposit Agreement in accordance with Section of the Act in order to provide for the advancement of funds by the Owner to be used to pay costs incurred in connection with the formation of the Community Facilities District and issuance of special tax bonds for the Community Facilities District (Bonds), and to provide for the reimbursement to the Owner of such funds advanced, without interest, from the proceeds of the Bonds. Packet Pg. 90

92 7.c NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. The Deposits and Application Thereof. (a) The Owner has previously deposited with the City the amount of $75,000 (Initial Deposit). The City, by its execution hereof, acknowledges receipt of, and accepts, the Initial Deposit. (b) The Initial Deposit, together with any subsequent deposit required to be made by the Owner pursuant to the terms hereof (collectively, Deposits), are to be used to pay for any costs incurred for any authorized purpose in connection with the formation of the Community Facilities District and the issuance of the Bonds (other than costs, fees and expenses to be paid directly out of the proceeds of the Bonds), including, without limitation, (i) the fees and expenses of any consultants to the City employed in connection with the formation of the Community Facilities District and the issuance of the Bonds, including an engineer, special tax consultant, financial advisor, bond counsel, disclosure counsel and any other consultant reasonably deemed necessary or advisable by the City, (ii) the costs of City appointed appraisals, market absorption and/or feasibility studies and other reports reasonably deemed necessary or advisable by the City in connection with the formation of the Community Facilities District and issuance of the Bonds, (iii) the costs of publication of notices, preparation and mailing of ballots and other costs related to any hearing, election or other action or proceeding undertaken in connection with the formation of the Community Facilities District and issuance of the Bonds, (iv) reasonable charges for City staff time incurred in connection with the formation of the Community Facilities District and the issuance of the Bonds by the Community Facilities District, including a reasonable allocation of City overhead expense related thereto, and (v) any and all other actual costs and expenses incurred by the City in connection with the formation of the Community Facilities District and the issuance of the Bonds (collectively, Initial Costs). The City may draw upon the Deposits from time to time to pay the Initial Costs. (c) If, at any time, the unexpended and unencumbered balance of the Deposits is less than $10,000, the City may request, in writing, that the Owner make an additional deposit in an amount estimated to be sufficient, together with any such unexpended and unencumbered balance, to pay for all Initial Costs. The Owner shall make such additional deposit with the City within two weeks of the receipt by the Owner of the City's written request therefor. If the Owner fails to make any such additional deposit within such two week period, the City may cease all work related to the issuance of the Bonds. Upon payment of the additional deposit, the City shall resume all work related to the issuance of bonds. Attachment: Deposit and Reimbursement Agreement (1277 : Vista Canyon CFD) (d) The Deposits may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain accurate and detailed records as to the expenditure of the Deposits Packet Pg. 91

93 7.c (e) The City shall provide the Owner with a written monthly summary of expenditures made from the Deposits, and the unexpended balance thereof, within ten business days of receipt of the City of a written request therefor submitted by the Owner. The cost of providing any such summary shall be charged to the Deposits. Section 2. Return of Deposits; Reimbursement. (a) As provided in Section of the Act, the approval by the qualified electors of the Community Facilities District of the proposed special tax to be levied therein is a condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto. In accordance with Section of the Act, if the qualified electors of the Community Facilities District do not approve the proposed special tax to be levied therein, the City shall return to the Owner any portion of the Deposits which has not been expended or encumbered to pay Initial Costs by the time of the election on said proposed special tax, without interest. (b) If proceedings for the issuance of the Bonds are terminated, the City shall, within ten business days after official action by the City or the Community Facilities District to terminate said proceedings, return the then unexpended and unencumbered portion of the Deposits to the Owner, without interest. (c) If the Bonds are issued by the Community Facilities District, the City shall reimburse the Owner, without interest, for the portion of the Deposits that has been expended or encumbered, said reimbursement to be made within ten business days after the issuance of such Bonds, solely from the proceeds of such Bonds and only to the extent otherwise permitted under the Act. In addition, the City shall, within ten business days after the issuance of such Bonds, return the then unexpended and unencumbered portion of the Deposits to the Owner, without interest. Section 3. Abandonment of Proceedings. The Owner acknowledges and agrees that the issuance of the Bonds shall be in the sole discretion of the City. No provision of this Deposit Agreement shall be construed as an agreement, promise or warranty of the City to issue the Bonds. Section 4. Deposit Agreement Not Debt or Liability of City. As provided in Section (b) of the Act, this Deposit Agreement does not constitute a debt or liability of the City, but shall constitute a debt and liability of the Community Facilities District upon its formation. The City shall not be obligated to advance any of its own funds to pay Initial Costs or any other costs incurred in connection with the issuance of the Bonds. No member of the City Council of the City and no officer, employee or agent of the City shall to any extent be personally liable hereunder. Attachment: Deposit and Reimbursement Agreement (1277 : Vista Canyon CFD) Packet Pg. 92

94 7.c Section 5. Notices. Any notices, requests, demands, documents, approvals or disapprovals given or sent under this Deposit Agreement from one party to another (collectively, Notices ) may be personally delivered, or deposit with the United States Postal Service or other Postal Service for mailing, postage prepaid, to the address of the other party as stated in this Section, and shall be deemed to have been given or sent at the time of personal delivery or electronic transmission or, if mailed, seventy-two hours following the date of deposit in the course of transmission with the United States Postal Service. Notices shall be sent as follows: If to City: City of Santa Clarita Attn: Director of Administrative Services Valencia Boulevard Santa Clarita, California address: dhernandez@santa-clarita.com If to Owner: Vista Canyon Ranch LLC Attn: Jim Backer Tourney Road, Suite 250 Santa Clarita, California address: JBacker@jsbdev.com Vista Canyon Ranch LLC Attn: Glenn Adamick Tourney Road, Suite 250 Santa Clarita, California address: GAdamick@jsbdev.com With Copy to: Goodwin Procter LLP Attn: Robert M. Haight Jr. 601 South Figueroa Street, Suite 4100 Los Angeles, California address: rhaight@goodwinprocter.com Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, upon the sender s receipt of an appropriate answerback or other written acknowledgement, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Attachment: Deposit and Reimbursement Agreement (1277 : Vista Canyon CFD) Packet Pg. 93

95 7.c Section 6. California Law. This Deposit Agreement shall be governed and construed in accordance with the laws of the State of California. The Parties shall be entitled to seek any remedy available at law and in equity. All legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in an appropriate municipal court in Los Angeles County, or in the United States District Court for the District of California in which Los Angeles County is located. Section 7. Successors and Assigns. This Deposit Agreement may be assigned, in whole or in part, by the Owner to the purchaser of any parcel of land within the proposed Community Facilities District provided, however, such assignment shall not be effective unless and until the City has been notified, in writing, of such assignment. This Deposit Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 8. Counterparts. This Deposit Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. Section 9. Other Agreements. The obligations of the Owner hereunder shall be that of a party hereto. Nothing herein shall be construed as affecting the City s or Owner s rights, or duties to perform their respective obligations, under other agreements, use regulations or subdivision requirements relating to the development. This Deposit Agreement shall not confer any additional rights, or waive any rights given, by either party hereto under any development or other agreement to which they are a party. Section 10. Indemnification. Owner shall assume the defense of, indemnify and save harmless, City and the Community Facilities District, their respective officers and employees, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of Owner with respect to this Deposit Agreement; provided, however, that Owner shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees. Section 11. Entire Agreement. This Deposit Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Deposit Agreement. Section 12. No Third Party Beneficiaries. No person or entity other than the Community Facilities District shall be deemed to be a third party beneficiary hereof, and nothing in this Deposit Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the Community Facilities District, and Owner (and their respective successors and assigns, exclusive of individual homebuyers), any rights, remedies, obligations or liabilities under or by reason of this Deposit Agreement. Attachment: Deposit and Reimbursement Agreement (1277 : Vista Canyon CFD) Section 13. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Deposit Agreement or of Packet Pg. 94

96 7.c any of its terms. Reference to section numbers are to sections in this Deposit Agreement, unless expressly stated otherwise. Section 14. Interpretation. As used in this Deposit Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word including shall be construed as if followed by the words without limitation. This Deposit Agreement shall be interpreted as though prepared jointly by both Parties. Section 15. No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Deposit Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Deposit Agreement. Section 16. Modifications. Any alteration, change or modification of or to this Deposit Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each Party. Section 17. Severability. If any term, provision, condition or covenant of this Deposit Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Deposit Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. Section 18. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Deposit Agreement, and in signing this Deposit Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Deposit Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Deposit Agreement; and, they have freely signed this Deposit Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Deposit Agreement, and without duress or coercion, whether economic or otherwise. Section 19. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Deposit Agreement including, but not limited to, releases or additional agreements. Attachment: Deposit and Reimbursement Agreement (1277 : Vista Canyon CFD) Section 20. Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Deposit Agreement, nor shall any such member, official or employee participate in any decision relating to the Deposit Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested Packet Pg. 95

97 7.c IN WITNESS WHEREOF, the parties hereto have executed this Deposit Agreement as of the date set forth on the first page hereof. FOR OWNER: VISTA CANYON RANCH LLC, a California Limited Liability Company By: JSJ PARTNERS, LLC, a California Limited Liability Company, its Manager By: JSB Development, Inc., a California Corporation, Member James S. Backer, President Date By: Valencia Realty Partners, LLC, a California limited liability Company, Member Stephen F. Valenziano, Member FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: ATTEST: By: City Manager City Clerk Date Date Date Attachment: Deposit and Reimbursement Agreement (1277 : Vista Canyon CFD) APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date Packet Pg. 96

98 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 99

99 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 100

100 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 101

101 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 102

102 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 103

103 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 104

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105 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 106

106 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 107

107 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 108

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112 7.d Attachment: Policy Guidelines Regulating the Use of Public Financing Mechanism to Finance Public Improvements (1277 : Vista Canyon CFD) Packet Pg. 113

113 8 Agenda Item: 8 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS Administrative Services Darin Seegmiller RECOMMENDED ACTION City Council: 1. Adopt Resolutions initiating proceedings for the levy and collection of assessments for Fiscal Year for the Landscape Maintenance Districts, Drainage Benefit Assessment Areas, Streetlight Maintenance District, and the Golden Valley Ranch Open Space Maintenance District. 2. Adopt Resolutions declaring the City's intention to levy assessments, preliminarily approve Engineer's Reports for the Special Districts, and set a public hearing for June 9, Adopt the annual report for the Tourism Marketing District (TMD) and a Resolution of Intent to continue a business improvement area in the City of Santa Clarita to be designated as the Tourism Marketing District, and set a public hearing for June 9, BACKGROUND This required procedural matter orders, approves, and sets the Public Hearing for the annual levy of the following special districts: 1. Landscape Maintenance District (LMD) Nos. 1 and T1, with the exception of Zones T23 and T23A. 2. Drainage Benefit Assessment Areas (DBAA) 3, 6, 18, 19, 20, 22, , , , and Streetlight Maintenance District (SMD) No. 1. Page 1 Packet Pg. 114

114 8 4. Golden Valley Ranch Open Space Maintenance District (GVROSMD). 5. Tourism Marketing District (TMD). The attached Resolutions direct Willdan Financial Services (Willdan) to prepare assessment Engineer's Reports for the City s LMD, DBAA, SMD, and GVROSMD Districts for approval by the City Council. This action also schedules a Public Hearing to consider the Fiscal Year (FY) assessment rates recommended for these special districts, as well as the City s TMD. The proposed special districts actions are authorized by State Law as outlined in Article XIIID of the California Constitution (Proposition 218) and required to levy assessment on properties receiving special benefits. If the recommendations are approved, a Public Hearing for ordering the FY levies will be scheduled for the June 9, 2015, City Council meeting. Descriptions of the four special districts and the Tourism Marketing District follow. Landscape Maintenance District (LMD) Fifty-five financially independent Landscape Maintenance District (LMD) zones are administered by the City. These combined LMD zones, primarily administered through contracts, encompass over 1,300 acres of landscape areas including street medians, parkways, side-panels, 8 parks, numerous monument signs, more than 20 miles of paseos, approximately 60,000 trees, and 46 miles of landscaped medians. Each LMD zone confers a special benefit upon properties through the installation and maintenance of landscape and ornamental features. Approximately 30,000 homes and businesses within LMD zones, comprised of varying size and amenities, financially contribute to supporting these by way of a special assessment appearing on their annual property tax bill. The City takes a very conservative fiscal approach to the management of the zones, has implemented many cost-savings measures, and aggressively rebids landscape contracts to ensure operational costs remain competitive. Where rate escalators have been authorized by parcel owners and are a component of the base rate, the maximum annual assessment rate adjusts automatically. The City Council may levy assessment rates up to or less than the maximum assessment rate. While maximum assessment rates adjust automatically, the actual assessment levied each year must be approved by the City Council as part of a noticed public hearing. For Fiscal Year (FY) , the Annual Consumer Price Index (CPI) increase for the previous year through February 2015 is approximately one-tenth of a percent (0.10%). For FY , staff is recommending the City Council levy less than the maximum allowable rate for 70% (39 of 55) of the City's active Landscape Maintenance District zones. The inclusion of CPI escalators allows the City to maintain and provide a consistent level of landscape service to each of the LMD zones as maintenance costs increase from year to year. CPI escalators also allow the City to be responsive to requests identified by the community for new projects and adequately fund for future capital reserve needs. Page 2 Packet Pg. 115

115 8 In instances where the maximum levied assessment is recommended, these LMD zones do not meet their financial operational and reserve goals and/or do not include a consumer price index escalator which allows operational costs to keep pace with increasing maintenance costs. A detailed LMD Recommended Rate Table, which provides background information and identifies recommended FY assessment levies for each LMD local zone, has been included as an attachment to this report. Assessment rates recommended to the City Council each year are determined on the specific needs of each LMD zone. For a typical LMD zone, contractual maintenance contracts represent 25 percent of the total annual operational cost. The remaining 75 percent, which makes up the operating costs of an LMD zone, funds expenditures which include monitoring services, water and electricity, plant replacements, scheduled and unanticipated repairs, and administration. Each of the City s landscape maintenance contracts includes a provision which allows vendors to request a CPI adjustment if the contracts are renewed into their option years. A typical maintenance contract is two years with three, one-year options. As the State of California enters its fourth year of drought, the responsible management of water during the drought continues to be a priority for our organization. Beginning in 2010, the City upgraded all 550 of our irrigation devices to Smart Controller technology to keep our landscaped medians and neighborhoods throughout the City looking great with minimal watering. The purchase of an additional 80 smart controllers to replace devices in neighborhoods annexed into the City in 2012 were also approved by Council this past March. In response to the July 2014 water restrictions imposed by the State, the City s Landscape Maintenance District operation has further reduced its water usage by an additional 20% and restricted watering to two-days per week from November to March and three-days per week from April to October. Following Governor Brown s April 1, 2015 water declaration and the subsequent actions of the State Water Resources Control Board, Special Districts staff has discontinued watering all remaining turf medians and began modifying the irrigation system to maintain the 1,013 trees located within these medians. By switching to smart controllers, implementing management practices such as year-round, night-time watering and irrigation pauses during seasonably cooler winter months, the City has reduced its total annual water usage by approximately 330 million gallons, saving more than one billion gallons of water during the last four years. During the next several years, the City intends to begin removing all remaining turf from our older medians and replacing it with low-water-use plants. In the next twelve months, priority areas will include Valencia Boulevard, where turf removal is scheduled to begin in early 2016, and Orchard Village Road. Furthermore, a contract to design the turf removal from all remaining medians will come before the Council this summer. Finally, to ensure compliance with the Political Reform Act as contained in Government Code Sections through 91014, a separate agenda item and resolutions have been prepared for proceedings required for LMD Zones T23 and T23A. Page 3 Packet Pg. 116

116 8 Drainage Benefit Assessment Areas (DBAA) Ten DBAAs are administered by the City. Each DBAA benefits properties by preventing groundwater from rising to a point where property damage could occur and/or channeling surface or sub-surface water to drainage areas. Combined, the DBAAs are equipped with 4 pump stations, 5 flow meters, 22 hydroaugers, 35 observation wells, and various surface and subsurface drainage systems. For FY , staff is recommending the City Council levy the maximum allowable rate for 9 of the City's 11 Drainage Benefit Assessment Areas. Streetlight Maintenance District (SMD) The Streetlight Maintenance District (SMD) benefits properties by funding energy and maintenance costs associated with the streetlights and traffic signals. The SMD is comprised of parcels that are part of the original district previously transferred to the City from Los Angeles County and parcels that have been annexed into that district at a later date. There are approximately 18,660 streetlights within the City. To keep up with the increased costs of operating and maintaining the streetlighting system, it is recommended that the City Council apply the maximum levy for each of the proposed rates. Golden Valley Ranch Open Space Maintenance District (GVROSMD) As a condition of project approval, the City Council required the Golden Valley Ranch development to create an open space maintenance district. The Golden Valley Ranch Open Space Maintenance District is comprised of 900 plus acres of natural and undeveloped land, which is administered by the City through contracts for park ranger services. For FY , staff is recommending the City Council levy approximately 35% less than the maximum allowable rate for the Golden Valley Ranch Open Space Maintenance District. Tourism Marketing District (TMD) As part of the 21-Point Business Plan for Progress, the Tourism Marketing District (TMD) was established to provide an assessment of two percent, assessed by local hotels on visitors. These funds are used to market the City of Santa Clarita as a tourism destination and attract highquality, high-economic impact events to the City. The recommended action for the Tourism Marketing District is authorized by the Parking and Business Area Law of 1989 (Section et. seq. of the Streets and Highways Code of the State of California), which permits the City to levy assessments on businesses within a business improvement area and to use such proceeds for the benefit of the businesses within said area. For the Tourism Marketing District, each business in the benefit zone shall pay a charge of two percent of total room rents charged and received from transient hotel guests who do not make the hotel their principal place of residence. ALTERNATIVE ACTIONS Other direction as determined by the City Council Page 4 Packet Pg. 117

117 8 FISCAL IMPACT There is no impact to the General Fund associated with these actions. Adequate funds to prepare the attached Engineer's Reports were previously appropriated by the City Council as part of the FY Annual Budget. ATTACHMENTS LMD FY Initiate Resolution LMD FY Intent Resolution DBAA FY Initiate Resolution DBAA FY Intent Resolution SMD FY Initiate Resolution SMD FY Intent Resolution GVROSMD FY Initiate Resolution GVROSMD FY Intent Resolution TMD FY Intent Resolution LMD FY Recommended Rate Table LMD FY Engineer's Report (available in the City Clerk's Reading File) TMD FY Annual Report (available in the City Clerk's Reading File) DBAA FY Engineer's Report (available in the City Clerk's Reading File) SMD FY Engineer's Report (available in the City Clerk's Reading File) GVROSMD FY Engineer's Report (available in the City Clerk's Reading File) Page 5 Packet Pg. 118

118 8.a RESOLUTION 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR ALL ZONES, WITH THE EXCEPTION OF ZONES T23 AND T23A, WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1 AND T1 FOR FISCAL YEAR WHEREAS, the City Council of Santa Clarita, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), desires to initiate proceedings for Santa Clarita Landscape Maintenance District Nos. 1 and T1 and Zone Nos. 1, 2, 3, 3A, 4, 5, 5A, 6, 7, 7A, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, , T1, T2, T3, T3B, T4, T5, T6, T7, T8, T17, T20, T23-1, T23-2, T23-B, T29, T31, T31-1, T31-1A, T31-2, T33, T44, T46, T47, T48, T51, T52, T62, T65, T65-A, T65-B, T67, T71, and T72 (Districts) and for the levy and collection of assessments within the proposed Districts for Fiscal Year , for the purposes provided therefore in the Act; and WHEREAS, the City Council has retained Willdan Financial Services, for the purpose of assisting with the Annual Levy of the Districts, and to prepare and file a report with the City Clerk in accordance with the Act. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Annual Levy Report: The City Council hereby orders Willdan Financial Services, acting as Assessment Engineer, to prepare and file with the City Clerk the Assessment Engineer s Annual Levy Report concerning the installation, construction, or maintenance of any authorized improvements under the Act, and the levy and collection of assessments for the Districts as required by the provisions of the Assessment Law. SECTION 2. Districts Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Attachment: LMD FY Initiate Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 119

119 8.a PASSED, APPROVED, AND ADOPTED this 26th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: LMD FY Initiate Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 120

120 8.b RESOLUTION 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE CITY S INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING AN ENGINEER S REPORT IN CONNECTION WITH SUCH DISTRICTS, AND APPOINTING A TIME AND PLACE FOR COMMENT (PUBLIC HEARING) ON THE ENGINEER S REPORT FOR ALL ZONES, WITH THE EXCEPTION OF ZONES T23 AND T23A, WITHIN THE CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICTS NOS. 1 AND T1 FOR FISCAL YEAR WHEREAS, the City Council of Santa Clarita, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), desires to initiate proceedings for Santa Clarita Landscape Maintenance District Nos. 1 and T1 and Zone Nos. 1, 2, 3, 3A, 4, 5, 5A, 6, 7, 7A, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, , T1, T2, T3, T3B, T4, T5, T6, T7, T8, T17, T20, T23-1, T23-2, T23-B, T29, T31, T31-1, T31-1A, T31-2, T33, T44, T46, T47, T48, T51, T52, T62, T65, T65-A, T65-B, T67, T71, and T72 (Districts) and for the levy and collection of assessments within the proposed Districts for Fiscal Year , for the purposes provided therefore in the Act; and WHEREAS, the City Council of the City of Santa Clarita (City) is desirous to take proceedings to provide for the annual levy of assessments for Fiscal Year to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said Districts; and WHEREAS, the assessment rates are adequate to maintain the facilities; and WHEREAS, in order to maintain the facilities at a standard acceptable to the City, the assessments within the Districts will need to be levied for Fiscal Year ; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require if the assessment rate is to be increased, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the Districts, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the assessments for Fiscal Year are not proposed to be increased above the approved Consumer Price Index (CPI); and WHEREAS, the CPI has been determined to be 0.10 percent calculated from the annual change in the CPI, during the preceding year ending in February, for All Urban Consumers, and the Los Angeles, Riverside, and Orange County areas; and WHEREAS, notices and Assessment Ballots are not required if assessments are not increased, other than for the amount of the CPI; and Attachment: LMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 121

121 8.b WHEREAS, Willdan Financial Services has prepared a preliminary Engineer s Report (Report) generally containing the following: a. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained. b. An estimate of the cost of the maintenance and/or servicing of the improvements for the Districts for the referenced fiscal year. c. An assessment of the estimated costs of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels within the Districts in proportion to the benefits received. That upon completion of the preparation of said Report, the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. WHEREAS, this City Council has examined and considered the Report, diagram, and assessments, and the proceedings prior thereto. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals: That the above recitals are all true and correct. SECTION 2. Declaration of Intention: That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the installation, replacement, maintenance, and/or servicing of the improvements for the above-referenced Districts. No new improvements or any substantial changes in existing improvements are proposed as a part of these proceedings. SECTION 3. Fiscal Year: That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2015, and ending June 30, SECTION 4. Preliminarily Approves Report: The City Council hereby finds that each and every part of the Engineer s Report is sufficient and the City Council hereby preliminarily approves, passes on, and adopts the Engineer s Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Engineer s Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention. SECTION 5. Districts Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements, and any facilities which are appurtenant to any of the aforementioned, or which are necessary or convenient for the maintenance or servicing thereof. Attachment: LMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 122

122 8.b SECTION 6. Public Hearing: The City Council hereby appoints June 9, 2015, at 6:00 p.m., in the City of Santa Clarita, California, as the time, place, and date of the Public Hearing on the Report. At the hearing, the City Council shall hear and consider all discussion regarding the proposed assessment as described in the Report. SECTION 7. Adoption of Resolution: The City Clerk shall certify to the adoption of this Resolution. ATTEST: PASSED, APPROVED, AND ADOPTED this 26th day of May CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: LMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 123

123 8.c RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OF SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NOS. 3, 6, 18, 19, 20, 22, , , , AND FOR FISCAL YEAR WHEREAS, the City Council of Santa Clarita, California, formed special maintenance districts pursuant to the terms of the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2 of Title 5 of the California Government Code commencing with Section (Act), desires to initiate proceedings for Santa Clarita Drainage Benefit Assessment Area Nos. 3, 6, 18, 19, 20, , , , and (Areas) for the levy and collection of assessment within the proposed Areas for Fiscal Year , for the purposes provided therefore in the Act; and WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the Annual Levy of the Areas, and to prepare and file a report with the City Clerk in accordance with the Act. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Annual Levy Report: The City Council hereby orders Willdan Financial Services, acting as Assessment Engineer, to prepare and file with the City Clerk the Assessment Engineer s Annual Levy Report concerning drainage improvements proposed to be installed and/or maintained, and the levy and collection of assessments for the Areas as required by provisions of the Assessment Law. SECTION 2. Areas Improvements: The maintenance of drainage improvements shall include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the improvements. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Attachment: DBAA FY Initiate Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 124

124 8.c PASSED, APPROVED, AND ADOPTED this 26th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: DBAA FY Initiate Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 125

125 8.d RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE CITY S INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING AN ENGINEER S REPORT, AND APPOINTING A TIME AND PLACE FOR COMMENT (PUBLIC HEARING) ON THE ENGINEER S REPORT FOR THE CITY OF SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NOS. 3, 6, 18, 19, 20, 22, , , , AND FOR FISCAL YEAR WHEREAS, the City Council of the City of Santa Clarita, California, has previously formed a special maintenance district pursuant to the terms of the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1, Division 2, Title 5 of the California Government Code, commencing with Section (Act), said benefit assessment areas known and designated as Drainage Benefit Assessment Area Nos. 3, 6, 18, 19, 20, , , , and (Areas); and WHEREAS, the City Council of the City of Santa Clarita (City) is desirous to take proceedings to provide for the annual levy of assessments for Fiscal Year to provide for the costs and expenses necessary to pay for the maintenance of the drainage benefit improvements in said Areas; and WHEREAS, the assessment rate for Drainage Benefit Assessment Area Nos. 3, 20, , , , and are adequate to maintain the facilities, and Drainage Benefit Assessment Area Nos. 6, 18, and 19 are not adequate to maintain the facilities; and WHEREAS, in order to maintain the facilities at a standard acceptable to the City, the assessments within the Areas will need to be levied for Fiscal Year ; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that if the assessment rate is to be increased, a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Areas, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the assessments for Fiscal Year for Drainage Benefit Assessment Areas Nos. 3, 6, 18, and 19 are not proposed to be increased from the previous year s assessments, as the establishment of these Areas did not include a Consumer s Price Index (CPI) escalation clause; and WHEREAS, the assessments for Fiscal Year for Drainage Benefit Assessment Areas Nos. 20, , , , and are not proposed to be increased above the approved Consumer s Price Index (CPI); and WHEREAS, the CPI has been determined to be 0.10 percent calculated as the annual change in the CPI, during the preceding year ending in February, for All Urban Consumers, for the Los Angeles, Riverside, and Orange County areas; and Attachment: DBAA FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 126

126 8.d WHEREAS, notices and Assessment Ballots are not required if assessments are not increased other than for the amount of the CPI; and WHEREAS, Willdan Financial Services has prepared a preliminary Engineer s Report (Report) generally containing the following: a. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained. b. An estimate of the cost of the maintenance and/or servicing of the improvements for the Areas for the referenced fiscal year. c. An assessment of the estimated costs of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels within the areas in proportion to the benefits received. That upon completion of the preparation of said Report, the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. WHEREAS, this City Council has examined and considered the Report, diagrams, and assessments, and the proceedings prior thereto. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals: That the above recitals are all true and correct. SECTION 2. Declaration of Intention: That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the installation, replacement, maintenance and/or servicing of the improvements for the above referenced Areas. No new improvements or any substantial changes in existing improvements or zones are proposed as a part of these proceedings. SECTION 3. Fiscal Year: That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the Fiscal Year, commencing July 1, 2015, and ending June 30, SECTION 4. Preliminarily Approves Report: The City Council hereby finds that each and every part of the Engineer s Report is sufficient, and the City Council hereby preliminarily approves, passes on, and adopts the Engineer s Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Engineer s Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention. Attachment: DBAA FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 127

127 8.d SECTION 5. Areas Improvements: The maintenance of drainage improvements shall include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the improvements. SECTION 6. Public Hearing: The City Council hereby appoints June 9, 2015, at 6:00 p.m., in the City of Santa Clarita, California as the time, place, and date of the Public Hearing on the Report. At the hearing, the City Council shall hear and consider all discussion regarding the proposed assessment as described in the Report. SECTION 7. Adoption of Resolution: The City Clerk shall certify to the adoption of this Resolution. ATTEST: PASSED, APPROVED, AND ADOPTED this 26th day of May CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: DBAA FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 128

128 8.e RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR STREETLIGHT MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR WHEREAS, the City Council of Santa Clarita, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), desires to initiate proceedings for Santa Clarita Streetlight District Number 1 (District) and for the levy and collection of assessments within the proposed District for Fiscal Year , for the purposes provided therefore in the Act; and WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk in accordance with the Act. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Annual Levy Report: The City Council hereby orders Willdan Financial Services, acting as Assessment Engineer, to prepare and file with the City Clerk the Assessment Engineer s Annual Levy Report concerning the installation, construction, or maintenance of any authorized improvements under the Act, and the levy and collection of assessments for the District as required by the provisions of the Assessment Law. SECTION 2. District Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Attachment: SMD FY Initiate Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 129

129 8.e PASSED, APPROVED, AND ADOPTED this 26th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: SMD FY Initiate Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 130

130 8.f RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE CITY S INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING AN ENGINEER S REPORT, AND APPOINTING A TIME AND PLACE FOR COMMENT (PUBLIC HEARING) ON THE ENGINEER S REPORT FOR THE CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR WHEREAS, the City Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), declares its intention for the Santa Clarita Streetlight Maintenance District No. 1 (District) and for the levy and collection of assessments within the proposed District for the Fiscal Year , for the purposes provided therefore in the Act; and WHEREAS, the City Council of the City of Santa Clarita (City) is desirous to take proceedings to provide for the annual levy of assessments for Fiscal Year to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said District; and WHEREAS, the assessment rate is adequate to maintain the facilities; and WHEREAS, in order to maintain the facilities at a standard acceptable to the City the assessments within the District will need to be levied for Fiscal Year ; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require if the assessment rate is to be increased, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the District, and the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the assessments for Fiscal Year are not proposed to be increased above the approved Consumer's Price Index (CPI) for applicable parcels; and WHEREAS, the CPI has been determined to be 0.10 percent calculated as the annual change in the CPI, during the preceding year ending in February, for All Urban Consumers, for the Los Angeles, Riverside, and Orange County areas; and WHEREAS, notices and Assessment Ballots are not required if assessments are not increased, other than for the amount of the CPI; and WHEREAS, Willdan Financial Services has prepared a preliminary Engineer s Report (Report) generally containing the following: Attachment: SMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 131

131 8.f a. Plans and specifications describing the general nature, location, and extent of the lighting improvements to be maintained. b. An estimate of the cost of the maintenance and/or servicing of the lighting improvements for the District for the referenced fiscal year. c. An assessment of the estimated costs of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the benefits received. That upon completion of the preparation of said Report, the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. WHEREAS, this City Council has examined and considered the Report, diagram, and assessments, and the proceedings prior thereto. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals: That the above recitals are all true and correct. SECTION 2. Declaration of Intention: That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the installation, replacement, maintenance, and/or servicing of the improvements for the above referenced District. No new improvements or any substantial changes in existing improvements or zones are proposed as a part of these proceedings. SECTION 3. Fiscal Year: That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2015, and ending June 30, SECTION 4. Preliminarily Approves Report: The City Council hereby finds that each and every part of the Engineer s Report is sufficient and the City Council hereby preliminarily approves, passes on, and adopts the Engineer s Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Engineer s Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention. SECTION 5. District Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, street lighting improvements and any facilities which are appurtenant to any of the aforementioned, or which are necessary or convenient for the maintenance or servicing thereof. SECTION 6. Public Hearing: The City Council hereby appoints June 9, 2015, at 6:00 p.m., in the City of Santa Clarita, California as the time, place, and date of the Public Hearing on the Report. At the hearing, the City Council shall hear and consider all discussion regarding the proposed assessment as described in the Report. Attachment: SMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 132

132 8.f SECTION 7. Adoption of Resolution: The City Clerk shall certify to the adoption of this Resolution. ATTEST: PASSED, APPROVED, AND ADOPTED this 26th day of May CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: SMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 133

133 8.g RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE GOLDEN VALLEY RANCH OPEN SPACE MAINTENANCE DISTRICT FOR FISCAL YEAR WHEREAS, the City Council of Santa Clarita, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), desires to initiate proceedings for the Golden Valley Ranch Open Space Maintenance District (District) and for the levy and collection of assessments within the proposed District for Fiscal Year , for the purposes provided therefore in the Act; and WHEREAS, the City Council has retained Willdan Financial Services, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Annual Levy Report: The City Council hereby orders Willdan Financial Services, acting as Assessment Engineer, to prepare and file with the City Clerk the Assessment Engineer s Annual Levy Report concerning the installation, construction, or maintenance of any authorized improvements under the Act and the levy and collection of assessments for the District as required by the provisions of the Assessment Law. SECTION 2. District Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Attachment: GVROSMD FY Initiate Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 134

134 8.g PASSED, APPROVED, AND ADOPTED this 26th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: GVROSMD FY Initiate Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 135

135 8.h RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE CITY'S INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING AN ENGINEER'S REPORT IN CONNECTION WITH THE GOLDEN VALLEY RANCH OPEN SPACE MAINTENANCE DISTRICT FOR FISCAL YEAR WHEREAS, under the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), the Golden Valley Ranch Open Space Maintenance District (District) was approved by the property owners in 2004; and WHEREAS, the City Council of the City of Santa Clarita (City) is desirous to take proceedings to provide for the annual levy of assessments for Fiscal Year to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said District; and WHEREAS, the assessment rates are adequate to maintain the facilities; and WHEREAS, in order to maintain the facilities at a standard acceptable to the City, the assessments within the District will need to be levied for Fiscal Year ; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require if the assessment rate is to be increased, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the District, and the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the assessments for Fiscal Year are not proposed to be increased above the approved Consumer Price Index (CPI); and WHEREAS, the CPI has been determined to be 0.10 percent calculated as the annual change in the CPI, during the preceding year ending in February, for All Urban Consumers, for the Los Angeles, Riverside, and Orange County areas; and WHEREAS, notices and assessment ballots are not required if assessments are not increased other than for the amount of the CPI; and WHEREAS, Willdan Financial Services has prepared a preliminary Engineer s Report (Report) generally containing the following: a. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained. Attachment: GVROSMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 136

136 8.h b. An estimate of the cost of the maintenance and/or servicing of the improvements for the District for the referenced fiscal year. c. An assessment of the estimated costs of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the benefits received. That upon completion of the preparation of said Report, the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. WHEREAS, this City Council has examined and considered the Report, diagram, and assessments, and the proceedings prior thereto. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals: That the above recitals are all true and correct. SECTION 2. Declaration of Intention: That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the installation, replacement, maintenance and/or servicing of the improvements for the above-referenced District. No new improvements or any substantial changes in existing improvements are proposed as a part of these proceedings. SECTION 3. Fiscal Year: That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2015, and ending June 30, SECTION 4. Preliminarily Approves Report: The City Council hereby finds that each and every part of the Engineer s Report is sufficient, and the City Council hereby preliminarily approves, passes on, and adopts the Engineer s Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Engineer s Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention. SECTION 5. District Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned, or which are necessary or convenient for the maintenance or servicing thereof. SECTION 6. Public Hearing: The City Council hereby appoints June 9, 2015, at 6:00 p.m., in the City of Santa Clarita, California as the time, place, and date of the Public Hearing on the Report. At the hearing, the City Council shall hear and consider all discussion regarding the proposed assessment as described in the Report. SECTION 7. Adoption of Resolution: The City Clerk shall certify to the adoption of this Resolution. Attachment: GVROSMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 137

137 8.h PASSED, APPROVED, AND ADOPTED this 26th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: GVROSMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 138

138 8.i RESOLUTION NO. 15-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR WITHIN THE SANTA CLARITA TOURISM MARKETING DISTRICT WHEREAS, the City of Santa Clarita (City) is a general law City organized and existing under the laws of the State of California; and WHEREAS, the Parking and Business Improvement Area Law of 1989 (Section et seq. of the Streets and Highways Code of the State of California) authorizes the City to levy assessments on businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City and to use such proceeds for the benefit of businesses within such parking and business improvement area pursuant to said Parking and Business Improvement Area Law of 1989 (hereafter 1989 BID Law); and WHEREAS, the City Council of the City of Santa Clarita on May 25, 2010, pursuant to Ordinance No. 10-4, established the Tourism Marketing District (hereafter TMD) and a Hotel Tourism Marketing Benefit Zone (hereafter Benefit Zone); and WHEREAS, pursuant to Section of the 1989 BID Law, the Advisory Board for the TMD has caused a report (Annual Report) to be prepared and filed with the City Clerk, which describes the improvements and activities for which assessments are to be levied and collected for Fiscal Year , and this Annual Report has been presented to the City Council for review and approval; and WHEREAS, the City Council intends to levy and collect assessments within the Benefit Zone of the TMD for Fiscal Year and by this resolution fixes a time and place for a public hearing to be held by the City Council on the levy of the annual assessment for Fiscal Year pursuant to Section of the 1989 BID Law. NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Declaration of Intention. Pursuant to the 1989 BID Law, the City Council hereby declares its intention to levy and collect assessments on businesses within the Hotel Tourism Marketing Benefit Zone of the TMD for Fiscal Year , which commences July 1, 2015, to pay for the improvements, services and activities authorized by Ordinance No and described in the Annual Report filed with the City Clerk. Attachment: TMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 139

139 8.i SECTION 3. Boundaries. For Fiscal Year , the boundaries of the TMD which includes all of the real property within the City of Santa Clarita; and the Hotel Tourism Marketing Benefit Zone which is inclusive of the hotels now operating in the City and identified and attached hereto as "Exhibit A, shall be unchanged from the boundaries established by Ordinance No SECTION 4. Exemption of Newly Established Business. The City Council proposes to annually levy assessments against all businesses in the Benefit Zone in accordance with the proposed system of assessments as set forth on "Exhibit B" and as such has determined that the assessments on newly established hotels shall commence immediately upon the first day of operation and after the public hearing for inclusion of such property. SECTION 5. Use of Assessment Revenues. That the proposed uses of the revenues derived from charges levied against businesses in the Benefit Zone for Fiscal Year generally include, but are not limited to, the following: a) Promoting the identity of Santa Clarita through financial support of key regional and national events that support tourism and result in an economic impact; and b) Developing and implementing a destination marketing strategy and promotions targeting potential hotel guests; and c) Developing and undertaking an advertising and public relations program focusing on the business and leisure travel trade; and d) Subsidization of high-quality, high-economic impact events; and e) Annual operation expenses including but not limited to annual district administration functions and expenses, printing, postage, and meetings; and f) Support and funding of the Summer Trolley program; and g) Attendance at key meeting and consumer trade shows. SECTION 6. Method of Assessment. In addition to any assessments, fees, charges, or taxes imposed otherwise in the City, the City Council proposes to levy assessments against businesses in the Benefit Zone in Fiscal Year for the purpose of funding the programs, activities, and services that will promote the City and hotels as a tourist destination. A description of the proposed system of assessments is set forth on "Exhibit B," attached hereto and incorporated herein by this reference. SECTION 7. Annual Report. The City Council hereby approves the Annual Report for Fiscal Year as submitted to the City Clerk or as amended herein by City Council direction. Said Annual Report as submitted or amended provides a full and sufficient description of the improvements, services, and activities to be funded by the assessments for Fiscal Year ; the boundaries of the Tourism Marketing District and the Hotel Tourism Marketing Attachment: TMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 140

140 8.i Benefit Zone within the TMD, and the proposed assessments to be levied upon the businesses within the TMD for that fiscal year. Said report as submitted or amended is by reference made part of this resolution. SECTION 8. Public Hearing. A public hearing concerning the Fiscal Year levy of annual assessments for the TMD Benefit Zone will be held on June 9, 2015, at 6:00 p.m., or as soon thereafter as the matter can be heard at the City Council's regularly held meeting, located at Valencia Boulevard, Santa Clarita. At the public hearing, written and oral protests may be presented to the City Council. The form and manner of protests shall comply with Sections and of the 1989 BID Law, which generally establish that if written protests are received from the owners of businesses that will pay 50 percent or more of the assessments to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity, those types of improvements or activities shall be eliminated. Every written protest shall be filed with the Clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. SECTION 9. Notice of Hearing. Pursuant to Section of the 1989 BID Law, the City Clerk is hereby directed to give notice of the public hearing by causing the Resolution of Intention to be published once in a newspaper of general circulation in the City not less than seven days before the public hearing scheduled for June 9, Attachment: TMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 141

141 8.i PASSED, APPROVED, AND ADOPTED this 26th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: TMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 142

142 8.i Exhibit A SANTA CLARITA TOURISM MARKETING DISTRICT HOTEL TOURISM MARKETING BENEFIT ZONE Hotels in Fiscal Year The following is a list of hotels now operating, or proposed to operate, in the Tourism Marketing District, and specifically the Hotel Tourism Marketing Benefit Zone for Fiscal Year Best Western Valencia Inn Wayne Mills Place (Assessor # ) Santa Clarita, CA Holiday Inn Express Wayne Mills Place (Assessor # ) Santa Clarita, CA Courtyard by Marriott Westinghouse Place (Assessor # ) Santa Clarita, CA Embassy Suites Westinghouse Place (Assessor # ) Santa Clarita, CA Hyatt Regency Valencia Town Center Drive (Assessor # ) Santa Clarita, CA Attachment: TMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 143

143 8.i Exhibit B SANTA CLARITA TOURISM MARKETING DISTRICT HOTEL TOURISM MARKETING BENEFIT ZONE Proposed System of Assessment (Methodology) The proposed system of assessments is designed to generate revenue from hotels in the City to provide a method of funding public programs and activities that will promote the City and hotels as a tourist destination. The City's hotels comprise the Benefit Zone and are the only business proposed to be assessed. An annual assessment is to be levied against hotels based on the benefits they derive from the program of activities. Businesses located outside the Benefit Zone (i.e., all non-hotel businesses) would not be assessed as they derive only, at most, an indirect benefit from the program of activities. Any modification to the Benefit Zone or program of activities for which the assessments are proposed to be levied would be subject to notification of all businesses within the Area and a public hearing before the City Council. At such public hearing, the City Council shall hear all protests and receive evidence, including written protests, for and against such modification. Each business in the Benefit Zone shall pay a charge of 2 percent of total room rents charged and received from transient hotel guests who do not make the hotel their principal place of residence. Once the system of charges is established, it cannot be changed without written notice to all businesses in the Area and a public hearing held by the City Council. At such public hearing, the City Council shall hear all protests and receive evidence, including written protests, for and against such changes. Charges will be collected by the City of Santa Clarita, with the funds being remitted to a special fund of the City for expenditure in accordance with its adopted annual budget as presented by the Advisory Committee appointed by the City Council. Attachment: TMD FY Intent Resolution (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) Packet Pg. 144

144 District Zone Description FY 12/13 Applied Rate FY 13/14 Applied Rate FY 14/15 Applied Rate Proposed FY 15/16 Applied Rate FY 15/16 Max Rate Net Applied Rate Change from FY 14/15 FY 14/15 Applied Rate Variance from Maximum Rate Maximum Levied Less than 14/15 Decrease From FY Zones with Zero Assessment Reserve Goal Unmet Rate Increase to Applied Increased Maintenance Scope CPI Zone Formed W/0 Packet Pg Golden Valley Centex $ $ $ $ $ $ Edwards Cinema - Parkways $ $ $ - $ - $ 2, $ - (2,879.02) 1 3 Sierra Heights $ $ $ $ - $ $ (630.00) (661.47) 1 3A Sierra Heights $ $ $ $ - $ $ (25.00) (257.91) 1 4 Via Princessa/Sierra Hwy $ $ $ $ $ $ (94.39) (95.71) 1 5 Sunset Hills $ $ $ $ - $ 1, $ (865.00) (1,211.80) 1 5A Sunset Hills $ $ $ $ - $ $ (583.00) (816.77) 1 6 Canyon Crest $ $ $ $ $ $ - $ (121.87) X 1 7 Creekside $ $ $ $ $ $ (35.51) (37.15) 1 7A Woodlands $ - $ - $ - $ - $ $ - (231.82) $ X X $ X X $ X X X $ X X X $ X X $ X X X $ X X X $ X X $ X X 1 8 Friendly/Sierra $ $ $ $ $ $ - $ (1.38) X 1 15 River Village $ $ $ $ $ $ (90.27) 1 16 Valencia Industrial Center $ $ $ $ $ $ (5.51) (7.94) 1 17 Bouquet/Railroad Ave $ $ $ $ $ $ Town Center / Creekside $ $ $ $ $ $ (63.95) (64.14) 1 19 Bridgeport / Bouquet $ $ $ $ $ $ Golden Valley Ranch - Com $ $ $ $ $ 3, $ - (2,693.49) 1 21 Golden Valley Ranch - Res $ $ $ $ $ 1, $ - (1,630.83) 1 22 HMNMH $ $ $ $ $ $ (74.42) (167.74) 1 23 Montecito $ $ $ $ $ $ Canyon Gate $ $ $ $ - $ $ (250.00) (660.82) 1 25 Valle Di Oro $ $ $ $ $ $ - $ (77.49) X 1 26 Centre Pointe $ $ $ $ $ $ (42.94) (45.41) 1 27 Circle J. Ranch $ $ $ $ $ $ (439.51) (467.26) 1 28 Newhall $ $ $ $ $ $ Villa Metro N/A N/A $ $ $ $ - $ (1.46) X $ X X X X $ X X $ X X $ X X $ X $ X $ X $ X X $ X X $ X X X $ X X $ X X $ X X 1 30 Penlon N/A N/A N/A $ $ $ - $ Major Thoroughfare Medians $ $ $ $ $ $ 0.40 $ - X 1 T2 Old Orchard $ $ $ $ $ $ - $ (5.21) X 1 T3 Valencia Hills $ $ $ $ $ $ - $ (55.10) X 1 T3B Valencia Hills Trees $ $ $ $ $ $ - $ (5.20) X 1 T4 Valencia Meadows $ $ $ $ $ $ - $ (68.61) X 1 T7 Valencia Central & North Valley $ $ $ $ $ $ - $ (7.03) X 1 T20 El Dorado Village $ $ $ $ $ $ T33 Canyon Park $ $ $ $ $ $ - (50.00) 1 T44 Bouquet Canyon $ $ $ $ $ $ T46 Northbridge $ $ $ $ $ $ (60.65) (203.09) $ X X $ X X $ X $ X X Attachment: LMD FY Recommended Rate Table (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) 8.j

145 District Zone Description FY 12/13 Applied Rate FY 13/14 Applied Rate FY 14/15 Applied Rate Proposed FY 15/16 Applied Rate FY 15/16 Max Rate Net Applied Rate Change from FY 14/15 FY 14/15 Applied Rate Variance from Maximum Rate Maximum Levied Less than 14/15 Decrease From FY Zones with Zero Assessment Reserve Goal Unmet Rate Increase to Applied Increased Maintenance Scope CPI Zone Formed W/0 1 T47 Northpark $ $ $ $ $ $ T48 Shadow Hills $ $ $ $ $ $ - $ - X 1 T51 Valencia High School $ $ $ $ $ $ - $ (68.47) X 1 T52 Stonecrest (Lower) $ $ $ $ $ $ T62 Canyon Heights $ $ $ $ $ $ T65 Fair Oaks $ $ $ $ - $ $ (515.00) (956.06) 1 T65A Fair Oaks Ranch $ $ $ $ - $ $ (390.00) (571.05) 1 T65B Fair Oaks Park $ $ $ $ $ $ (0.60) (1.92) $ X X $ X X $ X X $ X X X $ X X X $ X X 1 T67 Miramontes $ $ $ $ $ $ - $ (298.82) X 1 T71 Haskell Canyon Ranch $ $ $ $ $ $ 0.58 $ - X 1 T72 Copperhill 22 $ $ $ $ $ $ - $ (93.14) X T1 T1 Faircliff $ 4, $ 4, $ 4, $ - $ 8, $ (4,000.00) (8,150.88) T1 T5 Valencia Glen $ $ $ $ $ $ - $ (10.11) X T1 T6 Valencia South Valley $ $ $ $ $ $ - $ (6.68) X $ X X X T1 T8 Valencia Summit $ $ $ $ $ $ T1 T17 Rainbow Glen $ $ $ $ $ $ - $ (3.26) X T1 T23 Mountain View Slopes $ $ $ $ $ $ - $ (67.99) X T1 T23-1 Mountain View Slopes $ $ $ $ $ $ - $ (88.63) X T1 T23-2 Mountain View Slopes $ $ $ $ $ $ - $ (88.63) X T1 T23A Mountain View Condos $ $ $ $ $ $ - $ (5.12) X T1 T23B Seco Villas $ $ $ $ $ $ T1 T29 American Beauty $ $ $ $ $ $ - $ (86.13) X T1 T31-1 Shangri-La $ 1, $ 1, $ 1, $ 1, $ 1, $ - $ (32.37) X T1 T31-1A Shangri-La $ $ $ $ $ $ (62.43) T1 T31-2 Shangri-La $ 7, $ 7, $ 7, $ 7, $ 7, $ - $ (202.00) X $ X X $ X X $ X X This table illustrates measurable criteria used to recommend the FY 15/16 LMD rates. The most important criteria is the financial health of each zones reserve. Our goal is to have 50% of a zones' operating cost in "reserve," and identified funds to be used in support of futre capital reserve needs. The City's standard identifies the ratio we strive for in the following formula: total reserve is equal to one year's assessment. Where the reserve meets this criteria, the reserve goal is considered "met" and where the reserve fails to meet this criteria, the reserve goal is considered "unmet." Packet Pg. 146 Attachment: LMD FY Recommended Rate Table (1205 : ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS) 8.j

146 9 Agenda Item: 9 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE PRESERVATION DISTRICT Administrative Services Darin Seegmiller RECOMMENDED ACTION City Council: 1. Adopt a resolution initiating proceedings for the levy and collection of assessments within the Open Space Preservation District for Fiscal Year Adopt a resolution declaring the City's intention to levy assessments, preliminarily approve an Engineer's Report in connection with the Open Space Preservation District for Fiscal Year , and set a public hearing for June 9, BACKGROUND Creation of the Open Space Preservation District (District) was overwhelmingly approved by the property owners of the City of Santa Clarita in July The primary objective of the District is to facilitate the purchase and preservation of undeveloped land in and around the City of Santa Clarita. Since the formation of the District, 2,487 acres have been acquired using District funds, with purchases leveraged with grant funds, land bank mitigation funds, or bridge and thoroughfare funds. The City partners with a number of public entities including Santa Monica Mountains Conservancy, Riverside Land Conservancy, The Trust for Public Land, County of Los Angeles, and Mountains Recreation Conservation Authority. During Fiscal Year (FY) , the District funded acquisitions of another 589 acres of dedicated open space in the Newhall Pass area. Further, during the coming operational year, the District anticipates the acquisition of approximately 60 acres in Quigley Canyon and another 235 acres in the Newhall Pass. Overall, during the past three years, approximately $6 million has Page 1 Packet Pg. 147

147 9 been used to fund significant land purchases, thereby depleting the available bond proceeds. As background, the District was created in a manner which provided the maximum financial ability to facilitate the City s goal of acquiring open space properties to create a green belt surrounding Santa Clarita. Based on the voter-approved ability to adjust the District-applied assessment by $1 annually, debt service payments to service the District s bonds increase in cost annually. By issuing "ascending debt," the City was able to borrow against future assessment rate increases in order to maximize the size of the borrowing. In FY , the District s debt service totaled $823,851.26, while the proposed debt service for FY totals $848, The annual debt servicing of the bond was structured to allow these ascending costs to track, or be off-set, against the voter-approved annual adjustment to the District s assessed levy. In consideration of how the District s debt service was structured, recent and forecasted future property acquisitions, and increased personnel and operational costs to manage the District, it is appropriate for the City Council to consider an adjustment to the applied assessment. For FY , staff is recommending an adjustment in the amount of $1.50 per equivalent benefit unit (EBU) as part of the annual levy of the District. For background purposes, one (1) EBU is equal to one single-family home. This proposed adjustment would increase the applied levy in FY from its current rate of $30 per EBU to $31.50 per EBU. While the current maximum assessment for FY is $32 per EBU and the authorized maximum assessment for FY is $33 per EBU, the City Council has maintained an applied assessment of $30 per EBU since July of The process of ordering, approving, and setting the Public Hearing on the annual levy of the District is required by the Landscaping and Lighting Act of 1972 and allows the City to continue the levying assessments in FY for the purpose of acquiring open space properties. Upon adoption of the attached resolutions, a Public Hearing on ordering the FY levies will be scheduled for June 9, ALTERNATIVE ACTIONS Other direction as determined by City Council. FISCAL IMPACT Adequate funds for the preparation of these reports have been previously approved and appropriated by the City Council as part of the FY Annual Budget process. ATTACHMENTS Open Space Preservation District FY Initiate Resolution Open Space Preservation District FY Intent Resolution Open Space Preservation District FY Engineer's Report (available in the City Clerk's reading file) Page 2 Packet Pg. 148

148 9.a RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR ALL ZONES WITHIN THE OPEN SPACE PRESERVATION DISTRICT FOR FISCAL YEAR WHEREAS, the City Council of Santa Clarita, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), desires to initiate proceedings for the Open Space Preservation District (District) and for the levy and collection of assessments within the proposed District for Fiscal Year , for the purposes provided therefore in the Act; and WHEREAS, the City Council has retained Willdan Financial Services, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Annual Levy Report: The City Council hereby directs Willdan Financial Services, acting as Assessment Engineer, to prepare and file with the City Clerk the Assessment Engineer s Annual Levy Report concerning the installation, construction, or maintenance of any authorized improvements under the Act, and the levy and collection of assessments for the District as required by the provisions of the Assessment Law. SECTION 2. District Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Attachment: Open Space Preservation District FY Initiate Resolution (1210 : ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE Packet Pg. 149

149 9.a ATTEST: PASSED, APPROVED, AND ADOPTED this 26th day of May CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: Open Space Preservation District FY Initiate Resolution (1210 : ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE Packet Pg. 150

150 9.b RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE CITY'S INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING AN ENGINEER'S REPORT IN CONNECTION WITH THE OPEN SPACE PRESERVATION DISTRICT FOR FISCAL YEAR WHEREAS, under the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), the Open Space Preservation District (District) was approved by the property owners in 2007; and WHEREAS, the City Council of the City of Santa Clarita (City) is desirous to take proceedings for the annual levy of assessments for Fiscal Year to provide for the costs and expenses necessary to pay for the maintenance and servicing of the improvements in said District; and WHEREAS, the assessment rates are adequate to maintain and service the facilities; and WHEREAS, in order to maintain and service the facilities at a standard acceptable to the City, the assessments within the District will need to be levied for Fiscal Year ; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require if the assessment rate is to be increased, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the Districts, and the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the assessments for Fiscal Year are not proposed to be increased above the maximum levy of $33.00 per Benefit Unit; and WHEREAS, staff is recommending approval of an applied levy of $31.50 per Benefit Unit for Fiscal Year ; and WHEREAS, notices and Assessment Ballots are not required if assessments are not increased above the maximum levy; and WHEREAS, Willdan Financial Services has prepared a preliminary Engineer s Report (Report) generally containing the following: a. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained. b. An estimate of the cost of the maintenance and/or servicing of the improvements for the District for the referenced fiscal year. Attachment: Open Space Preservation District FY Intent Resolution (1210 : ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE Packet Pg. 151

151 9.b c. An assessment of the estimated costs of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the benefits received. That upon completion of the preparation of said Report, the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. WHEREAS, this City Council has examined and considered the Report, diagram, and assessments, and the proceedings prior thereto. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals: That the above recitals are all true and correct. SECTION 2. Declaration of Intention: That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the installation, replacement, maintenance, and/or servicing of the improvements for the above-referenced District. No new improvements or any substantial changes in existing improvements are proposed as a part of these proceedings. SECTION 3. Fiscal Year: That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the Fiscal Year commencing July 1, 2015, and ending June 30, SECTION 4. Preliminarily Approves Report: The City Council hereby finds each and every part of the Engineer s Report is sufficient, and the City Council hereby preliminarily approves, passes on, and adopts the Engineer s Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Engineer s Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention. SECTION 5. District Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned, or which are necessary or convenient for the maintenance or servicing thereof. SECTION 6. Public Hearing: The City Council hereby appoints June 9, 2015, at 6:00 p.m., in the City of Santa Clarita, California as the time, place, and date of the Public Hearing on the Report. At the hearing, the City Council shall hear and consider all discussion regarding the proposed assessment as described in the Report. SECTION 7. Adoption of Resolution: The City Clerk shall certify to the adoption of this Resolution. Attachment: Open Space Preservation District FY Intent Resolution (1210 : ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE Packet Pg. 152

152 9.b ATTEST: PASSED, APPROVED, AND ADOPTED this 26th day of May CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: Open Space Preservation District FY Intent Resolution (1210 : ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE Packet Pg. 153

153 10 Agenda Item: 10 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: ANNUAL LEVY OF SPECIAL DISTRICTS FOR LANDSCAPE MAINTENANCE DISTRICT T1, ZONES T23 AND T23A Administrative Services Darin Seegmiller RECOMMENDED ACTION City Council: 1. Adopt a resolution initiating proceedings for the levy and collection of assessments for Fiscal Year for Landscape Maintenance District T1, Zones T23 and T23A. 2. Adopt a resolution declaring the City's intention to levy assessments, preliminarily approve Engineer's Report, and set a public hearing for June 9, BACKGROUND This required procedural matter orders, approves, and sets the Public Hearing for the annual levy of the Landscape Maintenance District (LMD) T1, Zones T23 and T23A. The attached Resolutions direct Willdan Financial Services (Willdan) to prepare assessment Engineer's Reports for Landscape Maintenance District (LMD) T1, Zones T23 and T23A for approval by the City Council. This action also schedules a Public Hearing to consider the Fiscal Year (FY) assessment rates recommended for these zones. For Fiscal Year , staff is recommending the City Council levy less than the maximum allowable rate for each of these Landscape Maintenance District zones. The proposed special districts actions are authorized by State Law as outlined in Article XIIID of the California Constitution (Proposition 218) and required to levy assessment on properties receiving special benefits. If the recommendations are approved, a Public Hearing for ordering the Fiscal Year Page 1 Packet Pg. 154

154 10 levies will be scheduled for the June 9, 2015, City Council meeting. ALTERNATIVE ACTIONS Other direction as determined by the City Council. FISCAL IMPACT There is no impact to the General Fund associated with these actions. Adequate funds to prepare the attached Engineer's Report were previously appropriated by the City Council as part of the Fiscal Year Annual Budget. ATTACHMENTS LMD Zones T23 T23A FY Initiate Resolution LMD Zones T23 T23A FY Intent Resolution FY Recommended Rate Table LMD FY Engineer's Report (available in the City Clerk's Reading File) Page 2 Packet Pg. 155

155 10.a RESOLUTION 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR ZONES T23 AND T23A WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. T1 FOR FISCAL YEAR WHEREAS, the City Council of Santa Clarita, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), desires to initiate proceedings for Santa Clarita Landscape Maintenance District No. T1 and Zone Nos. T23 and T23A (Districts) and for the levy and collection of assessments within the proposed Districts for Fiscal Year , for the purposes provided therefore in the Act; and WHEREAS, the City Council has retained Willdan Financial Services, for the purpose of assisting with the Annual Levy of the Districts, and to prepare and file a report with the City Clerk in accordance with the Act. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Annual Levy Report: The City Council hereby orders Willdan Financial Services, acting as Assessment Engineer, to prepare and file with the City Clerk the Assessment Engineer s Annual Levy Report concerning the installation, construction, or maintenance of any authorized improvements under the Act, and the levy and collection of assessments for the Districts as required by the provisions of the Assessment Law. SECTION 2. Districts Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Attachment: LMD Zones T23 T23A FY Initiate Resolution (1272 : ANNUAL LEVY OF SPECIAL DISTRICTS FOR LANDSCAPE Packet Pg. 156

156 10.a PASSED, APPROVED, AND ADOPTED this 26th day of May ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK Attachment: LMD Zones T23 T23A FY Initiate Resolution (1272 : ANNUAL LEVY OF SPECIAL DISTRICTS FOR LANDSCAPE Packet Pg. 157

157 10.b RESOLUTION 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE CITY S INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING AN ENGINEER S REPORT IN CONNECTION WITH SUCH DISTRICTS, AND APPOINTING A TIME AND PLACE FOR COMMENT (PUBLIC HEARING) ON THE ENGINEER S REPORT FOR ZONES T23 AND T23A WITHIN THE CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. T1 FOR FISCAL YEAR WHEREAS, the City Council of Santa Clarita, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), desires to initiate proceedings for Santa Clarita Landscape Maintenance District No. T1 and Zone Nos. T23 and T23A (Districts) and for the levy and collection of assessments within the proposed Districts for Fiscal Year , for the purposes provided therefore in the Act; and WHEREAS, the City Council of the City of Santa Clarita (City) is desirous to take proceedings to provide for the annual levy of assessments for Fiscal Year to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said Districts; and WHEREAS, the assessment rates are adequate to maintain the facilities; and WHEREAS, in order to maintain the facilities at a standard acceptable to the City, the assessments within the Districts will need to be levied for Fiscal Year ; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require if the assessment rate is to be increased, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the Districts, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the assessments for Fiscal Year are not proposed to be increased above the approved Consumer Price Index (CPI); and WHEREAS, the CPI has been determined to be 0.10 percent calculated from the annual change in the CPI, during the preceding year ending in February, for All Urban Consumers, and the Los Angeles, Riverside, and Orange County areas; and WHEREAS, notices and Assessment Ballots are not required if assessments are not increased, other than for the amount of the CPI; and WHEREAS, Willdan Financial Services has prepared a preliminary Engineer s Report (Report) generally containing the following: Attachment: LMD Zones T23 T23A FY Intent Resolution (1272 : ANNUAL LEVY OF SPECIAL DISTRICTS FOR LANDSCAPE Packet Pg. 158

158 10.b a. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained. b. An estimate of the cost of the maintenance and/or servicing of the improvements for the Districts for the referenced fiscal year. c. An assessment of the estimated costs of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels within the Districts in proportion to the benefits received. That upon completion of the preparation of said Report, the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. WHEREAS, this City Council has examined and considered the Report, diagram, and assessments, and the proceedings prior thereto. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals: That the above recitals are all true and correct. SECTION 2. Declaration of Intention: That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the installation, replacement, maintenance, and/or servicing of the improvements for the above-referenced Districts. No new improvements or any substantial changes in existing improvements are proposed as a part of these proceedings. SECTION 3. Fiscal Year: That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the Fiscal Year, commencing July 1, 2015, and ending June 30, SECTION 4. Preliminarily Approves Report: The City Council hereby finds that each and every part of the Engineer s Report is sufficient and the City Council hereby preliminarily approves, passes on, and adopts the Engineer s Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Engineer s Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention. SECTION 5. Districts Improvements: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements, and any facilities which are appurtenant to any of the aforementioned, or which are necessary or convenient for the maintenance or servicing thereof. SECTION 6. Public Hearing: The City Council hereby appoints June 9, 2015, at 6:00 p.m., in the City of Santa Clarita, California, as the time, place, and date of the Public Hearing on the Report. At the hearing, the City Council shall hear and consider all discussion regarding the proposed assessment as described in the Report. Attachment: LMD Zones T23 T23A FY Intent Resolution (1272 : ANNUAL LEVY OF SPECIAL DISTRICTS FOR LANDSCAPE Packet Pg. 159

159 10.b SECTION 7. Adoption of Resolution: The City Clerk shall certify to the adoption of this Resolution. ATTEST: PASSED, APPROVED, AND ADOPTED this 26th day of May CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) MAYOR I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of May 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITYCLERK Attachment: LMD Zones T23 T23A FY Intent Resolution (1272 : ANNUAL LEVY OF SPECIAL DISTRICTS FOR LANDSCAPE Packet Pg. 160

160 District Zone Description FY 12/13 Applied Rate FY 13/14 Applied Rate FY 14/15 Applied Rate Proposed FY 15/16 Applied Rate FY 15/16 Max Rate Net Applied Rate Change from FY 14/15 FY 14/15 Applied Rate Variance from Maximum Rate Maximum Levied Less than 14/15 Decrease From FY Zones with Zero Assessment Reserve Goal Unmet Rate Increase to Applied Increased Maintenance Scope CPI Zone Formed W/0 Packet Pg Golden Valley Centex $ $ $ $ $ $ Edwards Cinema - Parkways $ $ $ - $ - $ 2, $ - (2,879.02) 1 3 Sierra Heights $ $ $ $ - $ $ (630.00) (661.47) 1 3A Sierra Heights $ $ $ $ - $ $ (25.00) (257.91) 1 4 Via Princessa/Sierra Hwy $ $ $ $ $ $ (94.39) (95.71) 1 5 Sunset Hills $ $ $ $ - $ 1, $ (865.00) (1,211.80) 1 5A Sunset Hills $ $ $ $ - $ $ (583.00) (816.77) 1 6 Canyon Crest $ $ $ $ $ $ - $ (121.87) X 1 7 Creekside $ $ $ $ $ $ (35.51) (37.15) 1 7A Woodlands $ - $ - $ - $ - $ $ - (231.82) $ X X $ X X $ X X X $ X X X $ X X $ X X X $ X X X $ X X $ X X 1 8 Friendly/Sierra $ $ $ $ $ $ - $ (1.38) X 1 15 River Village $ $ $ $ $ $ (90.27) 1 16 Valencia Industrial Center $ $ $ $ $ $ (5.51) (7.94) 1 17 Bouquet/Railroad Ave $ $ $ $ $ $ Town Center / Creekside $ $ $ $ $ $ (63.95) (64.14) 1 19 Bridgeport / Bouquet $ $ $ $ $ $ Golden Valley Ranch - Com $ $ $ $ $ 3, $ - (2,693.49) 1 21 Golden Valley Ranch - Res $ $ $ $ $ 1, $ - (1,630.83) 1 22 HMNMH $ $ $ $ $ $ (74.42) (167.74) 1 23 Montecito $ $ $ $ $ $ Canyon Gate $ $ $ $ - $ $ (250.00) (660.82) 1 25 Valle Di Oro $ $ $ $ $ $ - $ (77.49) X 1 26 Centre Pointe $ $ $ $ $ $ (42.94) (45.41) 1 27 Circle J. Ranch $ $ $ $ $ $ (439.51) (467.26) 1 28 Newhall $ $ $ $ $ $ Villa Metro N/A N/A $ $ $ $ - $ (1.46) X $ X X X X $ X X $ X X $ X X $ X $ X $ X $ X X $ X X $ X X X $ X X $ X X $ X X 1 30 Penlon N/A N/A N/A $ $ $ - $ Major Thoroughfare Medians $ $ $ $ $ $ 0.40 $ - X 1 T2 Old Orchard $ $ $ $ $ $ - $ (5.21) X 1 T3 Valencia Hills $ $ $ $ $ $ - $ (55.10) X 1 T3B Valencia Hills Trees $ $ $ $ $ $ - $ (5.20) X 1 T4 Valencia Meadows $ $ $ $ $ $ - $ (68.61) X 1 T7 Valencia Central & North Valley $ $ $ $ $ $ - $ (7.03) X 1 T20 El Dorado Village $ $ $ $ $ $ T33 Canyon Park $ $ $ $ $ $ - (50.00) 1 T44 Bouquet Canyon $ $ $ $ $ $ T46 Northbridge $ $ $ $ $ $ (60.65) (203.09) $ X X $ X X $ X $ X X Attachment: FY Recommended Rate Table (1272 : ANNUAL LEVY OF SPECIAL DISTRICTS FOR LANDSCAPE MAINTENANCE DISTRICT T1, ZONES T23 AND T23A) 10.c

161 District Zone Description FY 12/13 Applied Rate FY 13/14 Applied Rate FY 14/15 Applied Rate Proposed FY 15/16 Applied Rate FY 15/16 Max Rate Net Applied Rate Change from FY 14/15 FY 14/15 Applied Rate Variance from Maximum Rate Maximum Levied Less than 14/15 Decrease From FY Zones with Zero Assessment Reserve Goal Unmet Rate Increase to Applied Increased Maintenance Scope CPI Zone Formed W/0 1 T47 Northpark $ $ $ $ $ $ T48 Shadow Hills $ $ $ $ $ $ - $ - X 1 T51 Valencia High School $ $ $ $ $ $ - $ (68.47) X 1 T52 Stonecrest (Lower) $ $ $ $ $ $ T62 Canyon Heights $ $ $ $ $ $ T65 Fair Oaks $ $ $ $ - $ $ (515.00) (956.06) 1 T65A Fair Oaks Ranch $ $ $ $ - $ $ (390.00) (571.05) 1 T65B Fair Oaks Park $ $ $ $ $ $ (0.60) (1.92) $ X X $ X X $ X X $ X X X $ X X X $ X X 1 T67 Miramontes $ $ $ $ $ $ - $ (298.82) X 1 T71 Haskell Canyon Ranch $ $ $ $ $ $ 0.58 $ - X 1 T72 Copperhill 22 $ $ $ $ $ $ - $ (93.14) X T1 T1 Faircliff $ 4, $ 4, $ 4, $ - $ 8, $ (4,000.00) (8,150.88) T1 T5 Valencia Glen $ $ $ $ $ $ - $ (10.11) X T1 T6 Valencia South Valley $ $ $ $ $ $ - $ (6.68) X $ X X X T1 T8 Valencia Summit $ $ $ $ $ $ T1 T17 Rainbow Glen $ $ $ $ $ $ - $ (3.26) X T1 T23 Mountain View Slopes $ $ $ $ $ $ - $ (67.99) X T1 T23-1 Mountain View Slopes $ $ $ $ $ $ - $ (88.63) X T1 T23-2 Mountain View Slopes $ $ $ $ $ $ - $ (88.63) X T1 T23A Mountain View Condos $ $ $ $ $ $ - $ (5.12) X T1 T23B Seco Villas $ $ $ $ $ $ T1 T29 American Beauty $ $ $ $ $ $ - $ (86.13) X T1 T31-1 Shangri-La $ 1, $ 1, $ 1, $ 1, $ 1, $ - $ (32.37) X T1 T31-1A Shangri-La $ $ $ $ $ $ (62.43) T1 T31-2 Shangri-La $ 7, $ 7, $ 7, $ 7, $ 7, $ - $ (202.00) X $ X X $ X X $ X X This table illustrates measurable criteria used to recommend the FY 15/16 LMD rates. The most important criteria is the financial health of each zones reserve. Our goal is to have 50% of a zones' operating cost in "reserve," and identified funds to be used in support of futre capital reserve needs. The City's standard identifies the ratio we strive for in the following formula: total reserve is equal to one year's assessment. Where the reserve meets this criteria, the reserve goal is considered "met" and where the reserve fails to meet this criteria, the reserve goal is considered "unmet." Packet Pg. 162 Attachment: FY Recommended Rate Table (1272 : ANNUAL LEVY OF SPECIAL DISTRICTS FOR LANDSCAPE MAINTENANCE DISTRICT T1, ZONES T23 AND T23A) 10.c

162 11 Agenda Item: 11 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: May 26, 2015 SUBJECT: DEPARTMENT: PRESENTER: CHECK REGISTER NO. 10 FOR THE PERIOD 04/17/15 THROUGH 04/30/15 AND 05/07/15. ELECTRONIC FUNDS TRANSFERS FOR THE PERIOD 04/21/15 THROUGH 05/07/15. Administrative Services Carmen Magana RECOMMENDED ACTION City Council approve and ratify for payment the demands presented in Check Register No. 10. BACKGROUND Check Register No. 10 for the Period 04/17/15 through 04/30/15 and 05/07/15 in the aggregate amount of $6,300, Electronic Funds Transfers included in Check Register No. 10 for the Period 04/21/15 through 05/07/15 in the aggregate amount of $489, FISCAL IMPACT No Fiscal Impact. ATTACHMENTS Memo Check Register No. 10 (available in the City Clerk's Reading File) Page 1 Packet Pg. 163

163 11.a Attachment: Memo (1281 : CHECK REGISTER NO. 10) Packet Pg. 164

164 11.a Attachment: Memo (1281 : CHECK REGISTER NO. 10) Packet Pg. 165