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SR - AGR-6166 - ASSESSMENT ENGINEERING PROPOSITION 218 BALLOTING SANTIAGO HILLS LANDSCAPE MAINTENANCE DISTRICT 86-2AGENDA ITEM Date: November 25, 2014 TO: Honorable Mayor and Members of the City Council THRU: John W. Sibley City Manager FROM: Marie Knight Community Services Director Joe De Francesco Public Works Director ReviewedNerified By: City Manager kv Finance Direct r To Be Presented y: Marie Knight X Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Cmtes _ Public Hrgs Admin Reports PlanXnviron 1. SUBJECT Approval of an agreement with SCI Consulting, Inc., for Assessment Engineering and Proposition 218 Balloting Services for the Santiago Hills Landscape Assessment District (Landscape Maintenance District 86 -2) for an amount not to exceed $64,625. 2. SUMMARY This agreement with SCI Consulting, Inc. will provide for technical assistance in the analysis of current and projected costs for maintenance of the District, and the administration of a ballot measure for potential increased benefit assessment for property owners in the District in conformance with Proposition 218. 3. RECOMMENDED ACTION 1.) Appropriate $64,625.00 from unappropriated funds in Fund 291 (Irvine 86 -2 Landscape Maintenance) to account 291.7026.51670.00000 (Other Professional & Consulting Services); 2.) Approve the agreement with SCI Consulting, Inc.; and 3.) Authorize the Mayor and the City Clerk to execute the agreement on behalf of the City. 4. FISCAL IMPACT Upon appropriation, funds will be available in the following account: 291.7026.51670.00000 (Other Professional & Consulting Services) $64,625 ITEM J. /a 11/25/14 5. STRATEGIC PLAN GOAL(S) GOAL A. Refurbish, maintain, develop and/or expand public use places and spaces. 6. GENERAL PLAN IMPLEMENTATION Infrastructure Element Goal 3.0: Ensure adequate maintenance of public rights -of -way to enhance public safety and improve circulation. Policy 3.2: Provide sufficient levels of street sweeping, landscaping, graffiti abatement, shopping cart and bulk item removal from streets, sidewalks, alleys, and other public rights -of- way. 7. DISCUSSION and BACKGROUND Background In 1987, Landscape Maintenance District 86 -2 (District) was established to maintain the landscape improvements constructed by Assessment District 86 -1 in Santiago Hills. The District comprises over 32 acres of landscape, lighting, and other infrastructure maintained by the City. Funds supporting the maintenance of the District landscape and other infrastructure are derived from an annual assessment of property owners within the District. The high end of the assessment range in 1987 was set at an annual cost per single family detached unit at $369.43. From 1987 to 1996, when Proposition 218 was passed, an annual detailed accounting of expenses was compiled and a new assessment was calculated to fund the following year's budget expenses for the benefitting property owners. Some years the annual assessment went down due to fluctuating maintenance costs, however, since 1987 the property owner's annual assessment has only increased one cent. The current assessment for a single family detached unit is $369.44, which is the maximum assessment currently allowed. Since 1987 and particularly since the passage of Prop 218 in 1996, the costs to maintain the District have increased significantly with expenditures far outpacing the revenues received from the assessments. In 2007, the City conducted a Property Owner Protest Ballot Proceeding to raise the assessment in order to cover costs. At that time, the proposed assessment necessary to fully fund the level of landscaping services was $432.52 for a single family detached unit. The ballot measure was unsuccessful, and the increased assessment was not imposed. 2 ITEM 11/25/14 Without an increase in revenues, staff has had to make significant reductions to the service levels in the District. These reductions include adjustments to the frequency of maintenance services, replacement of plants that have died or are at the end of their life cycle, deferment of hardscape repairs, and reduced water consumption in order to keep the cost of maintaining this District in the year 2014 within assessment rates that were established in 1987. Most recently, the impact of these service reductions has been clearly noted by many residents, who have indicated that further reductions in service levels and watering would be unacceptable. Combined with the need for replacement of aging infrastructure and landscape material that has outlived its useful life, and expensive repairs made necessary by vandalism, an increase of the maximum allowable assessment is essential. Discussion Pursuant to the Landscaping and Lighting Act of 1972, and the provisions of the California Constitution Article XIIID, the process for increasing the assessment involves the development of a reasonable and defensible benefit nexus and cost allocation for the special benefits received by each parcel. A property owner ballot is required to raise fees, whereby a majority of the ballots received must vote for the increase in order for it to be imposed. In September 2014 the City issued a Request for Proposal for Assessment Engineering and Balloting Services for the Santiago Hills Landscape Assessment District. Three proposals were received and reviewed by a City staff committee representing Public Works and Community Services who scored the proposals based on their responsiveness to the RFP and overall approach to securing a successful ballot measure. While all three companies had relevant experience, SCI Consulting, Inc. demonstrated not only a proven success rate of over 95% for ballot measures conducted in the past, but also proposed an additional service which they feel is the key to their success and which they highly recommended for the City of Orange. SCI Consulting, Inc. proposed the creation and implementation of a public opinion survey which would greatly increase the chances of a successful ballot measure. The survey, conducted prior to our main community outreach efforts, would provide valuable information in two areas: determining the level of support of the property owners, and determining the community's priorities. This information would enable the City to craft elements of the funding measure that will better resonate with the community and have a stronger chance of gaining support. On the basis of the proven success record for SCI Consulting, Inc. and the strength of their proposed community outreach program, City staff determined that SCI Consulting, Inc. is the most qualified firm to provide these services. To ensure that the process emphasizes qualifications over cost, the Request for Proposal process for this consultant selection involved the submission of a sealed cost proposal, separate from the service proposal. Once SCI Consulting, Inc. was determined to be the most qualified firm, City staff negotiated with SCI Consulting, Inc. on a contract amount not to exceed $64,625. This includes the optional survey implementation, and a 10% contingency for additional meetings, should that become necessary. 3 ITEM 11/25/14 City staff recommends an award of contract with SCI Consulting, Inc. for Assessment Engineering and Balloting Services for the Santiago Hills Landscape Assessment District for an amount not to exceed $64,625. Funds for this contract are available in the District (Fund 291). Upon approval of the contract, SCI Consulting will begin the engineering analysis required to determine a fair and reasonable cost of the landscape maintenance services, combined with a capital program that allows for repair and prudent replacement of the improvements. Once this analysis is done, the community outreach effort will begin, culminating in a ballot measure in April 2015, in time for a City Council public hearing to count the ballots in May 2015. If the measure is successful, the assessments could be increased in time for FY 2015 -16. 8. ATTACHMENTS Draft Agreement ITEM 11/25/14