Agenda #: 6.1
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT
DISTRICT NO. 38 FOR FISCAL YEAR 2023/24.
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. 2023-26 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2023/24.
FINANCIAL SUMMARY:
The assessments generated by this District in the amount of $276,720 and $218,097 of the General Fund contributions are included for the operation and maintenance costs in the Fiscal Year 2023/24 Budget Special Fund No. 238.
BACKGROUND/DISCUSSION:
As part of the assessment district updates, the City must undergo a three-step process.
This is the final part of the process, where the City Council conducts a public hearing on the District’s proposed annual assessments, after which the Council will consider the related resolutions confirming the levy assessments. Throughout the entire process, all proceedings for the maintenance of improvements have been 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 XIIID of the California Constitution.
On April 4, 2023, the City Council adopted Resolution No. 2023-07, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 38 (District) and any
assessment thereon for Fiscal Year 2023/24.
On June 20, 2023, the City Council adopted Resolution No. 2023-21, declaring the City's intention to levy and collect assessments for the District and directing staff to advertise the Public Hearing to be set for the July 18, 2023 regular meeting.
The attached Engineer’s Report for the City’s Landscaping Assessment District Number 38 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments.
The estimated number of parcels within the District is 18,448 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2022/23 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2023/24 is to remain at $15.00 per parcel. The assessments will be utilized to maintain the City’s medians and parkways.
The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.1.a Resolution No. 2023-26
2. 6.1.b Engineer's Report - FY 2023/24