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Date: To: From: Subject: AGENDA BILL Agenda Item No. 5(F) April 3, 2012 El Cerrito City Council Mary Dodge, Administrative Services Director/City Treasurer Annual Report for Landscape and Lighting Assessment District for Fiscal Year 2012-13 ACTION REQUESTED Adopt a resolution directing NBS Local Government Solutions (NBS), the designated Engineer of Work for the Landscape and Lighting Assessment District No. 1988-1, to prepare and file the annual report for Fiscal Year 2012-13. DISCUSSION 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 is, essentially, 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. It is expected that the Engineer of Work will submit this annual report at the May 1, 2012 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 The proposed Engineer of Work, NBS, was selected in February 2009 through a Request for Proposal process and has indicated that the fees associated with producing the annual report will not exceed $8,311, which includes a CPI increase of 2.6% from the prior year. Without the adoption of the annual report and the imposition of the assessment, the City will lose approximately $771,000 in FY 2012-13 that would otherwise be used for landscaping and lighting purposes. The cost of preparing the Engineer's report is ---PAGE BREAK--- Agenda Item No. 5(F) incorporated into the budget for the, Assessment District, and is paid from collected assessments. Scott Hanin City Manager Attachment: 1. Resolution 2012-XX Page 2 ---PAGE BREAK--- RESOLUTION 2012-XX Agenda Item No. 5(F) Attachment 1 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, TO PREPARE AND FILE THE ANNUAL REPORT FOR FISCAL YEAR 2012-2013 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 2012-2013; and WHEREAS, California Street and Highways Code §22622 requires that the filing of the annual report be authorized by resolution of the City Council. 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 3, 2012, the El Cerrito City Council passed this resolution by the following vote: A YES: 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 April XX, 2012. Cheryl Morse, City Clerk APPROVED: William Jones III, Mayor