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AGENDA BILL Agenda Item No. 6(A) Date: June 2, 2015 To: El Cerrito City Council From: Lisa Malek-Zadeh, Finance Director/City Treasurer Subject: Public Hearing to Confirm the Diagram and to Levy the Assessment for FY 2015-16 for Landscape and Lighting Assessment District No. 1988-1 ACTION REQUESTED Conduct a public hearing and upon conclusion adopt a resolution setting the annual Landscape and Lighting Assessment for FY 2015-16 as $72 per residential parcel and as noted in the Engineer’s Report for other classes of properties. BACKGROUND AND ANALYSIS On June 6, 1988, the City Council established Assessment District No. 1988-1 pursuant to the Landscape and Lighting Act of 1972. The purpose of this Landscape and Lighting Assessment District (LLAD) is to raise funds to support improvements and maintenance of the City’s park areas, landscaping areas, and street lighting. Every year since 1988, this Assessment District has generated approximately $774,000 to support LLAD activities. In November 1996, the LLAD was approved by the voters and therefore complies with the provisions of Proposition 218. Any increase in the assessment fee level would be subject to Proposition 218’s voter approval requirement. In order to impose this annual assessment, the City Council must annually authorize an Engineer’s Report to identify the costs, uses, and general benefits of those parcels within the Assessment District. As detailed in the Engineer’s Report, the revenues are used for eligible activities including staff salaries and wages, streetlight maintenance, utility costs for the District, landscaping services, graffiti removal, and park maintenance. The City Council authorized such a report on April 7, 2015. The Engineer of Record, NBS Local Government Solutions (NBS) prepared and delivered the Engineer’s Report prior to the May 19, 2015 City Council meeting. At the May 19, 2015 City Council meeting, this public hearing was scheduled. In order for these assessments to be imposed, the City Council must accept the Engineer’s Report and conduct a public hearing to hear comments on their imposition. The City is also required to cause the notice of the public hearing to be published one time at least ten days prior to the hearing in a newspaper of general circulation. Such a notice was published in the West County Times on May 22, 2015. ---PAGE BREAK--- Agenda Item No. 6(A) The purpose of this public hearing is to confirm the diagram and the assessment, as appearing in the Engineer's Report. The procedures for conducting the public hearing and receiving protests are the same as for forming the District; however, there are no provisions for majority protest. The California Streets and Highways Code Section 22631 specifies the options available to the City Council, as follows: If a majority protest has not been filed, the legislative body may adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. FINANCIAL CONSIDERATIONS Staff estimates that the current rate of assessment will generate approximately $774,000 of revenue, which is included in the total revenue estimate for the City's FY 2015-16 Budget. To the extent the expenditures eligible for funding by the LLAD exceed the amount received from this assessment, City staff are in the process of identifying other funding sources and reductions in expenditures, in order to keep the LLAD budget in balance. LEGAL CONSIDERATIONS The provisions of the Landscape and Lighting Act of 1972 require that a public hearing be held prior to adopting a resolution levying the annual assessment. Scott Hanin, City Manager Attachments: 1. Resolution Page 2 ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 1 RESOLUTION 2015-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO CONFIRMING THE DIAGRAM AND LEVYING THE ASSESSMENT FOR FISCAL YEAR 2015-16 FOR THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1988-1 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, the City of El Cerrito, by Resolution No. 2015-27 dated April 7, 2015, directed the filing of the Annual Report for Assessment District No. 1988-1; and WHEREAS, the Engineer of Record, NBS Local Government Solutions prepared and, on April 29, 2015 filed said Annual Report; and WHEREAS, the City Council by Resolution No. 2015-34, dated May 19, 2015, reviewed and accepted said annual report and declared its intent to order improvements and provided notice of a public hearing to be held June 2, 2015, and notice of the hearing was given in the time and manner required by law; and WHEREAS, in November 1996, the voters approved the Landscape and Lighting Assessment thereby complying with the provisions of Proposition 218; and WHEREAS, the City Council has not actually increased the amounts levied from year to year; and WHEREAS, at the public hearing, the City Council afforded to every interested person an opportunity to make a protest to the annual report, and the City Council has considered each protest. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that the diagram and assessment as set forth in the Annual Report of the Engineer of Record is hereby confirmed and the assessment set forth therein for Fiscal Year 2015-16 is hereby levied. BE IT FURTHER RESOLVED that this resolution is adopted pursuant to California Streets and Highways Code §22631. BE IT FURTHER RESOLVED that upon adoption of this resolution, the diagram and assessment, or a certified copy thereof is hereby directed to be filed with the County Auditor no later than August 10, 2015. I CERTIFY that at the regular meeting on June 2, 2015 the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ---PAGE BREAK--- Agenda Item No. 6(A) Attachment 1 IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on June 2015. Cheryl Morse, City Clerk APPROVED: Mark Friedman, Mayor