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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL,
CALIFORNIA DECLARING THE RESULTS OF PUBLIC HEARINGS, APPROVING INCREASED ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 22, CONFIRMING THE ENGINEER’S REPORT, THE ASSESSMENT DIAGRAM AND ASSESSMENTS RELATED
THERETO, AND APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS COMMENCING IN FISCAL YEAR 2024/2025
WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”), and in compliance with the substantive and procedural requirements of Article XIII D, section 4 of the California State Constitution (the “California Constitution”) and the Proposition 218 Omnibus Implementation Act (the “Omnibus Act”), being Government Code section 53750 et seq., (collectively, the “Assessment Law”), the City of Pleasant Hill (the “City”) City Council by Resolution No. 6-24 initiated proceedings and ordered the preparation of an Engineer’s Report in connection with the proposed increased assessment for the City of Pleasant Hill Assessment District No. 22, (the “District”), to fund in whole or in part, the special benefit costs and expenses for the ongoing maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities related thereto; and WHEREAS, after fully considering the Engineer's Report prepared by Harris & Associates and presented to the City Council, the City Council adopted Resolution No. 37-24 preliminarily approving said Engineer’s Report, declared its intention to increase the assessment, to conduct a property owner ballot protest proceeding regarding the proposed assessments in compliance with the substantive and procedural requirements of the Assessment Law, and set the Public Hearing to be noticed pursuant to applicable law for August 5, 2024, at the regularly scheduled meeting of the City Council; and
WHEREAS, notices and ballots were mailed to the affected property owners of record witin the District regarding the increased assessment within the District and the proposed new assessments as described in the Engineer’s Report pursuant to the provisions of the Assessment Law for return receipt prior to the close of the public hearing on August 5, 2024; and WHEREAS, on August 5, 2024, the City Council held the duly noticed Public Hearing not less than 45 days after the mailing of the notices and ballots, to consider all oral statements and written protests, objections, and communication made or filed by any interested person regarding the increased assessment within the District and the proposed new assessments; and to receive and accept all protest ballots from the affected property owners of record within the proposed District; and
WHEREAS, at the conclusion of the Public Hearing, a tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or her designee, with all valid protest ballots returned by the affected property owners being counted; and WHEREAS, by Resolution No. ______ the City Council confirmed the results of the -2-
ballot tabulation and property owner protest proceeding conducted in accordance with the provisions of the Assessment Law, the results of which indicated that a majority protest did not exist for the assessments as presented and to be levied on properties within the District commencing Fiscal Year 2024/2025.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Pleasant Hill, California, as follows:
Section 1. That the foregoing recitals are true and correct.
Section 2. Following notice duly given, the City Council has held a full and fair public hearing regarding the increased assessments for Assessment District No. 22, the levy and collection of assessments, and has considered all public testimony and written statements, protests and communications made or filed by interested persons and ballots submitted and not withdrawn by affected property owners.
Section 3. In accordance with the provisions of the Assessment Law, the City Council has evaluated the results of the property owner protest ballot proceedings and has determined that a majority protest of the proposed new assessments did not exist, and hereby overrules all oral or written protests that may have been presented concerning the annual assessments for the District.
Section 4. Based upon its review of the facts presented and the Final Engineer’s Report that has been prepared and filed with the City Clerk, the City Council hereby finds and determines that:
A. The land within the District will receive special benefits from the operation, maintenance and servicing of the improvements to be provided by the District as described in the Engineer’s Report attached hereto as Exhibit A and incorporated herein by this reference; and
B. The proportionate special benefits derived by each assessable parcel from the maintenance and servicing of the improvements has been determined in relationship to the entirety of the cost of such maintenance and service expenses; the assessments do not exceed the reasonable cost of the proportional special benefits conferred on each parcel; only special benefits have been assessed, and the general benefits have been separated from the special benefits; and all publically owned parcels within the District that derive special benefits from the maintenance and servicing of the improvements have been assessed for such special benefits
C. The District as defined by the Assessment Diagram contained in the Engineer’s Report, includes all lands receiving such special benefit; and D. Pursuant to the Assessment Law, the net amount to be assessed upon the lands within the District has been apportioned by a formula and method which fairly -3-
distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services to be provided.
Section 5. The adoption of this Resolution constitutes the increase of the Assessment within the Grayson Woods and Galley Walk Subdivisions within the existing boundaries of the District, as contained in the Assessment Diagram presented in the Engineer’s Report, and the establishment of the maximum assessment rates. Subsequent annual assessments, in amounts not to exceed an established maximum annual assessment may be confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. Beginning Fiscal Year 2025-2026, the Maximum Assessment shall be annually adjusted by the annual change in the Consumer Price Index of the San Francisco-Oakland-Hayward Area All Urban Consumers Index (CPI-U), from January to December, not to exceed 4%. Adjustments shall be based on the change of the CPI-U for the prior year as compared to the year assessments are determined.
Section 6: The City Council hereby orders the District improvements to be made as outlined by the Engineer’s Report and by these proceedings. The diagram and assessments shall be filed in the Office of the City Clerk. Said diagram and assessments, and the certified copy thereof, shall be open for public inspection.
Section 7: Pursuant to applicable law, City staff or their designee is hereby authorized and directed to file as may be required the annual levy of assessments for the District commencing in fiscal year 2024/2025 as approved herein with the Contra Costa County AuditorController along with a certified copy of this Resolution; and/or other Resolutions and documents as may be required by the County Auditor-Controller or County Assessor, including copies of this Engineer’s Report or Assessment Diagram confirmed by this Resolution.
Section 8: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval and confirmation of the increased assessment, the Engineer’s Report and Assessment Diagram prepared in connection with the increased assessment; and the establishment of the maximum assessment rates, assessment range formula, and the related assessments so authorized commencing in Fiscal Year 2024/2025 as outlined in the Engineer’s Report.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 5th day of August, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MATT RINN
MAYOR
ATTEST:
LYONE CONNER
CITY CLERK
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Exhibit A
Engineer’s Report