Agenda #: 6.3
Meeting Date: May 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RESOLUTION LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL YEAR 2022/23.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and
B. Adopt Resolution No. 2022-27 to levy and collect assessments for Landscape Assessment District No. 41-2021 for Fiscal Year 2022/23.
FINANCIAL IMPACT:
For FY 2022/23, the assessment for Landscaping Assessment District No. 41-2021 is proposed to increase by 3% making the assessment amount for the single-family and condominium parcels $540.98 and $497.71, respectively. As shown in the attached Engineer’s Report, $293,471 of assessment generated by this District and $10,986 of General Fund Contribution (General Benefit at 3.84%) are proposed to pay for the operation and maintenance costs budgeted in Special Fund No. 241.
BACKGROUND/DISCUSSION:
As part of the assessment district updates, the City must undergo a three-step process.
Throughout the entire process, all proceedings for the maintenance of improvements are pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XII D of the California Constitution.
On April 19, 2022, the City Council approved Resolution No. 2022-18, ordering the City Engineer to prepare and file a report related to the maintenance of public improvements in the City’s Landscaping Assessment District No. 41-2021 (LAD 41-2021) and any
assessment thereon for the Fiscal Year 2022/23.
On May 3, 2022, the City Council adopted Resolution No. 2022-21, declaring the City's intention to levy and collect assessments for LAD 41-2021 and directing staff to advertise the Public Hearing to be set for the May 17, 2022 regular meeting.
This is the final part of the three-step process in which the City Council conducts a public hearing on the District’s proposed annual assessment, and subsequently considers the related resolutions confirming the levy assessments.
The attached Engineer’s Report for LAD 41-2021 (Attachment 2), prepared pursuant to provisions of the aforementioned law of the State of California, includes authority for the report, estimated costs of operation and maintenance, and a diagram for the District and the assessments.
The estimated number of parcels within the LAD 41-2021 is 554 parcels. The amounts assessed upon the lands within LAD 41-2021 for the Fiscal Year 2021/22 were $525.22 and $483.21 per parcel for the single-family houses and condominium units, respectively. Those amounts for the Fiscal Year 2022/23 are proposed to increase by 3% to $540.98 and $497.71 per parcel. The assessments will be utilized for the general maintenance of slopes, and open space areas, within LAD 41-2021 as identified in the corresponding Engineer’s Report and Exhibit “A” of the attached Resolution (Attachment 1).
Although the proposed assessment is 3% higher than last fiscal year, for purposes of Proposition 218, if a resolution was presented to the voters within the District providing that the assessment may be adjusted for inflation pursuant to a clearly identified formula stated in the Resolution is approved by the voters with the District, it is exempt from Proposition 218’s majority protest voting requirements. In voting to create District 41- 2021, the voters within the District approved increases in the assessment based on actual costs, but subject to a 3% cap. Since the proposed assessment is within that cap, the majority protest process is not required.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.3.a Resolution No. 2022-27
2. 6.3.b LAD 41-2021 FY 2022/23 Engineer's Report