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AGENDA BILL Agenda Item No. 5(C) Date: May 6, 2014 To: El Cerrito City Council From: Lori Trevino, Senior Financial Analyst Lisa Malek-Zadeh, Finance Director/City Treasurer Subject: Accept the Engineer’s Report on Landscape and Lighting Assessment District No. 1988-1, and Resolution of Intention to Order Improvements for Assessment District No. 1988-1; and Set the Date for the Public Hearing as May 20, 2014 ACTION REQUESTED Accept the Engineer’s Report specifying assessments for the Landscaping and Lighting Assessment District and adopt a Resolution of Intention to Order Improvements pursuant to the Landscape and Lighting Act of 1972, and setting the time, date, and place of the public hearing as May 20, 2014 at 7:00 p.m. BACKGROUND 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 $771,000 to support LLAD activities. In November 1996, LLAD 1988-1 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 LLAD. The City Council authorized such a report on April 1, 2014 by Resolution No. 2014-06. The report was prepared by the Engineer of Record, NBS Local Government Solutions. The City Council must accept the Engineer’s Report and conduct a public hearing to hear comments on the imposition of these assessments in order for the assessment to be imposed. The intent of this Agenda Bill is to accept the Engineer’s Report and to schedule the public hearing for May 20, 2014. ---PAGE BREAK--- Agenda Item No. 5(C) Page 2 ANALYSIS The Resolution of Intention to Order Improvements describes the work to be performed during the next fiscal year, as outlined in the Engineer’s Report. In addition, this Resolution sets the time, date, and place of the public hearing. A copy of the Fiscal Year 2014-15 Engineer’s Report is on file at City Hall for public review. 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 funding levels specified in the Engineer’s Report include revenue from both the assessment and other funding sources. The funding is consistent with the work described in the Engineer’s Report and in the Resolution of Intention to Order Improvements. Without the imposition of this assessment, the City would need to identify alternate funding sources for those items proposed to be funded by the LLAD or eliminate those items from the City’s work plan in FY 2014-15. FINANCIAL CONSIDERATIONS The current rate of assessment will generate approximately $771,000 of LLAD revenue, which will be included in the City’s FY 2014-15 budget. As the sources and uses of all public works revenues are currently under review, the cost for eligible expenditures in excess of the assessment revenue will be covered by City contributions from other appropriate funding sources or expenses will be reduced to ensure that the LLAD budget for FY 2014-15 is balanced. LEGAL CONSIDERATIONS The Resolution of Intention must be adopted in order to collect revenues from the Assessment District in accordance with the provisions of State law. Reviewed by: Scott Hanin, City Manager Attachments: 1. Resolution 2. LLAD Annual Engineer’s Report FY 2014-15 ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 RESOLUTION 2014-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ACCEPTING THE ANNUAL REPORT ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1988-1 AND RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO TO ORDER IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 1988-1 AND TO SET THE DATE FOR THE PUBLIC HEARING AS MAY 20, 2014 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. 2014-06 dated April 1, 2014 directed the filing of the Annual Report for Assessment District No. 1988-1; and WHEREAS, the Engineer of Record, NBS Local Government Solutions, has prepared and, on April 24, 2014, filed said Annual Report; and WHEREAS, the City Council has reviewed and accepted said Annual Report; and WHEREAS, the Landscape and Lighting Act of 1972 requires the City Council to adopt a Resolution of Intention to Order Improvements within Assessment District No. 1988-1. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that: 1. The City of El Cerrito intends to levy and collect assessments within Assessment District No. 1988-1 during Fiscal Year 2014-15. The area of land to be assessed is located in the City of El Cerrito, Contra Costa County, California. 2. The improvements to be made in this Assessment District are generally described as follows: Install, maintain and service public lighting, landscaping, and park and recreational facility improvements located within the incorporated limits of the City of El Cerrito, Contra Costa County, California. 3. In accordance with the City Council’s resolution directing the filing of an Annual Report, the firm of NBS Local Government Solutions, Engineer of Work, has filed at City Hall the Report required by the Landscape and Lighting Act of 1972. All interested persons are referred to that Report for a full and detailed description of the improvements, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 4. On Tuesday, the 20th day of May 2014 at the hour of 7:00 P.M., the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held in the City Council Chambers, 10890 San Pablo Avenue, El Cerrito, California 94530. 5. The City Clerk is authorized and directed to give the notice of hearing required by the Landscape and Lighting Act of 1972. ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 BE IT FURTHER RESOLVED this Resolution is scheduled for adoption on May 6, 2014 pursuant to California Streets and Highways Code §22624. I CERTIFY that at the regular meeting on May 6, 2014 the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on May X, 2014. [Due to statutory requirements and tight publishing deadlines please contact the City Clerk at [PHONE REDACTED] for the vote.] Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- OFFICE OF THE CITY CLERK CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94523-3034 Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org May 6, 2014 City Council Meeting Agenda Item 5B Attachment 2 – LLAD Annual Engineer’s Report FY 2014-15 Hardcopies are available for review at: Office of the City Clerk and The El Cerrito Library 10890 San Pablo Avenue 6510 Stockton Avenue El Cerrito, CA El Cerrito, CA (510) 215-4305