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AGENDA BILL Agenda Item No. 5(C) Date: April 1, 2014 To: El Cerrito City Council From: Lori Trevino, Senior Financial Analyst Lisa Malek-Zadeh, Finance Director/City Treasurer Subject: Authorize Annual Report for Landscape and Lighting Assessment District for Fiscal Year 2014-15 ACTION REQUESTED Adopt a resolution directing NBS Local Government Solutions (NBS) to prepare and file the annual Landscape and Lighting Assessment District No. 1988-1 report for fiscal year 2014-15. BACKGROUND/ANALYSIS In 1988, the City Council established Assessment District No. 1988-1 pursuant to the Landscape and Lighting Act of 1972. This act requires the preparation and filing of an annual report of the assessment district activities. In November 1996, the voters of El Cerrito approved by a two-thirds majority the continuation of the Landscape and Lighting Assessment. Since the voters approved the assessment prior to the passage of Proposition 218, this assessment is exempt from Proposition 218’s additional voter requirements. Therefore, the City follows the same annual approval process as in previous years. California Street and Highways Code §22622 requires the City Council to authorize by resolution the filing of the annual report of the Landscaping and Lighting Assessment District. The annual report includes the various components required to develop the tax roll related to the assessment district. The Council must adopt this report prior to the time that a decision is made about whether or not the assessment will continue in the next fiscal year. It is expected that NBS, the designated Engineer of Work, will submit the annual report at the May 6, 2013 City Council meeting. At that meeting, the time and place of the public hearing regarding continuation of the assessment district will be set. FINANCIAL CONSIDERATIONS Without the adoption of the annual report and authorization of the assessment, the City would lose approximately $771,000 in FY 2014-15 that would be used for landscaping and lighting purposes. ---PAGE BREAK--- Agenda Item No. 5(C) NBS was selected in February 2009 through a Request for Proposal process and has prepared and filed the report each year. The cost to prepare and file report is $8,500 and is included in the FY 2013-14 Budget for the Landscape and Lighting Assessment District fund. Scott Hanin City Manager Attachments: - 1. Resolution 2014-XX Page 2 ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 RESOLUTION 2014–XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO DIRECTING NBS LOCAL GOVERNMENT SOLUTIONS AS THE ENGINEER OF WORK FOR THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1988-1 AND TO PREPARE AND FILE THE ANNUAL REPORT FOR FISCAL YEAR 2014-15 WHEREAS, the City of El Cerrito, by Resolution No. 88-53, dated June 6, 1988 adopted Assessment District No. 1988-1 pursuant to the Landscape and Lighting Act of 1972; and WHEREAS, said Landscape and Lighting Act requires the preparation and filing of an annual report defining the charges to the assessment district for Fiscal Year 2014-15; and WHEREAS, California Street and Highways Code §22622 requires that the filing of the annual report be authorized by resolution of the City Council; and WHEREAS, the cost to prepare and file the report is included in the FY 2013-14 budget for the Lighting and Assessment District fund. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby directs NBS Local Government Solutions, the firm designated by this Council as the Engineer of Work for Assessment District No. 1988-1, to file an annual report in accordance with the provisions of the Landscape and Lighting Act of 1972. BE IT FURTHER RESOLVED this resolution is adopted pursuant to California Street and Highways Code §22622. I CERTIFY that at the regular meeting on April 1, 2014, the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on April XX, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor