ADJOURNED REGULAR CITY COUNCIL MEETING
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
AUGUST 9, 2024, 4:00 PM
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City of Porterville – Adjourned Regular City Council Meeting of August 9, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/86940049742?pwd=98bHCbxuAQ8Umbc3aPtbpPthmoppZQ.1 Or via Telephone: 1-669-900-6833 Webinar ID: 869 4004 9742 Passcode: 721921 Call to Order
Roll Call
Pledge of Allegiance Led by Mayor Flores
Invocation
ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
PUBLIC HEARINGS (continued from August 6, 2024 Regular Meeting)
1. Landscape and Lighting Maintenance Districts Annual Assessments Re: Council to conduct a Public Hearing on the 2024-2025 assessments for the Landscape and Lighting Maintenance Districts to take comments or receive protests on the proposed assessments; and consider adopting the draft Resolution ordering the continued maintenance of Landscape and Lighting Maintenance Districts and confirming the Engineer's Report and Assessments for the 2024-2025 Fiscal Year.
2. Establishing the Annexation of Royal Oaks Phase 2 Landscape and Lighting Maintenance District into District 56
Re: Council to conduct the Public Hearing to receive public comment on the Annexation of Royal Oaks Phase 2 Landscape and Lighting Maintenance District into District Number 56; and consider adopting the draft Resolution approving the Engineer's Report and assessment method; and authorizing the assessments.
ADJOURNMENT - to the meeting of August 20, 2024, at 5:30 p.m.
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.
Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.
Item No. 1.
CITY COUNCIL AGENDA – AUGUST 9, 2024
SUBJECT: Landscape and Lighting Maintenance Districts Annual Assessments SOURCE: Parks and Leisure Services
COMMENT: The City has created seventy-seven (77) Landscape and Lighting Maintenance Districts (LLMD's) since 1989. The original District had seventeen (17) areas annexed for new developments, in addition to the original area. Since 1996, new Districts have been formed for each new development, representing Districts 2 through 57.
Annually, a process of evaluating maintenance needs and establishing an assessment for each LLMD must be followed. At its meeting on July 16, 2024, the City Council approved the annual preliminary Engineer's Report which indicates the proposed assessments for the 2024-2025 Fiscal Year. The assessments, once approved by the Council, are placed upon the tax bill of property owners as a special assessment, and collected by the County of Tulare.
The assessment process must be filed with the County by August 12, 2024, in order to be placed upon the tax rolls.
The Engineer's Report provides the financial details of each District. District fund balances are reviewed on an annual basis to determine funding needs for maintenance, as well as determining assessment requirements. Based on this analysis, staff was able to determine that not all Districts will be assessed this fiscal year.
RECOMMENDATION: That the City Council conduct a Public Hearing on the 2024-2025 assessments for the Landscape and Lighting Maintenance
Districts to take comments or receive protests on the proposed assessments; and consider adopting the draft Resolution ordering the continued maintenance of Landscape and Lighting
Maintenance Districts and confirming the Engineer's Report and Assessments for the 2024-2025 Fiscal Year.
ATTACHMENTS: 1. Draft Resolution
2. FY 24 25 Engineers Reports LLMDs
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Item No. 1.
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. -2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
ORDERING THE CONTINUED MAINTENANCE OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS AND CONFIRMING THE ENGINEER’S REPORT AND ASSESSMENT FOR 2024-2025 FISCAL YEAR
WHEREAS, the City Council of the City of Porterville did on the 16th day of July, 2024, adopt its Resolution of Intention No. 51-2024 to order the therein described work in connection with the continuation of assessment procedures in Landscape and Lighting Maintenance Districts, which Resolution of Intention No. 51-2024 was duly and legally published in the time, form and manner as required by Law, shown by the Affidavit of Publication of said Resolution of Intention on file in the Office of the City Clerk; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived there from, and said City Council having now acquired jurisdiction to order the proposed work; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Porterville as follows:
SECTION 1. IT IS HEREBY RESOLVED by the City Council of the City of Porterville that the public interest and convenience require the continuation of assessment procedures for the districts, and said City Council hereby orders that the work and assessment, as set forth and described in said Resolution of Intention No. 51-2024 be done and made; and
SECTION 2. BE IT FURTHER RESOLVED that the report filed by the Engineer is hereby finally approved; and
SECTION 3. BE IT FURTHER RESOLVED that the assessments for fiscal year 2024-2025 and method of assessment in the Engineer’s Report are hereby approved; and
SECTION 4. BE IT FINALLY RESOLVED that the assessments are in compliance with California Code, that they are without regard to property valuation, and in compliance with Chapter 1, Article 4, and Chapter 3, Division 15 of the Streets and Highway Code allowing the placement of the charge on the tax roll for collection. ///
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Resolution No. ____-2024
APPROVED, PASSED AND ADOPTED this 9
th day of August, 2024.
______________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: __________________________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 2.
CITY COUNCIL AGENDA – AUGUST 9, 2024
SUBJECT: Establishing the Annexation of Royal Oaks Phase 2 Landscape and Lighting Maintenance District into District 56
SOURCE: Parks and Leisure Services
COMMENT: New subdivisions within the City are required to petition for the formation of a Maintenance Assessment District. The Districts are formed to secure funding from parcels within the subdivisions for operational and maintenance expenses of public lighting and any public landscape areas. The City utilizes the authority governed by the 1972 Landscape and Lighting Assessment Act to create a District for each subdivision. Thereafter, every year, a process must be followed of evaluating maintenance needs and establishing an assessment to be placed upon the tax rolls for every parcel within each District.
The attached draft Resolutions are necessary to initiate the process of annexing the Royal Oaks Phase 2 subdivision into District 56. The draft Resolution orders the annexation of the new district, approves the Engineer's Report which accompanies this report, and declares the intent to levy and collect tax assessments.
RECOMMENDATION: That the City Council conduct the Public Hearing to receive public comment on the Annexation of Royal Oaks Phase 2
Landscape and Lighting Maintenance District into District Number 56; consider adopting the draft Resolution approving the Engineer's Report and assessment method; and authorizing the assessments.
ATTACHMENTS: 1. Draft Resolution
2. Locator Map Royal Oaks
3. Royal Oaks Engineers Report
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. -2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE,
COUNTY OF TULARE, STATE OF CALIFORNIA,
ESTABLISHING THE ANNEXATION OF LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT 56, APPROVING ENGINEER’S REPORT FOR SAID
DISTRICT, AND
APPROVING THE METHOD AND LEVY OF ASSESSMENTS
WHEREAS, the City Council of the City of Porterville did on the 16th day of July 2024, adopt Resolution No. 48-2024 declaring its intention to order the annexation of Landscape and Lighting Maintenance District Number 56; and WHEREAS, the public hearing on the formation of District Number 56 has been set on August 6, 2024, subject to the Landscape and Lighting Act of 1972; and WHEREAS, a duly noticed public hearing has been held to receive objections to the formation of said District, or the levy of assessments.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Porterville as follows:
1. That the public interest, convenience and necessity require the annexation of Landscape and Lighting Maintenance District number 56, and that the District shall hereby be formed.
2. The Engineer’s Reports and diagrams for District 56 are hereby approved, and the work as set forth therein is to be done.
3. That the method of assessment and the levy of assessments as indicated within said Engineer’s Report is hereby approved.
APPROVED AND ADOPTED THIS 9
th day of August, 2024.
_________________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: _______________________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk