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HomeMy Public PortalAbout10) 7G Engineers Report to Establish Lighting and Maintenance District Assessment Rates for FY 2019-20DATE: TO: FROM: ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM April16, 2019 The Honorable City Council Bryan Cook, City Manager biJ By : Susan Paragas , Administrative Services Director -f AGENDA ITEM 7.G. SUBJECT: ADOPTION OF RESOLUTION NO. 19-5391 ORDERING THE ENGINEER'S REPORT TO ESTABLISH LIGHTING AND MAINTENANCE DISTRICT ASSESSMENT RATES FOR FISCAL YEAR 2019-20 RECOMMENDATION: The City Council is requested to adopt Resolution No . 19-5391 ordering the preparation of the Lighting and Maintenance Assessment District annual engineer's report for Fiscal Year (FY) 2019-20. BACKGROUND: 1. On June 19, 1979, the City Council adopted Resolution No. 79-1825 creating the Citywide Lighting Assessment District pursuant to the State of California Lighting and Landscape Act of 1972. 2 . On May 7 , 1991, the City Council adopted Resolution No. 91-3048 amending the existing Citywide Lighting Assessment District to include a maintenance zone , thereby creating the Temple City Lighting and Maintenance District for the purpose of funding other eligible programs , including traffic signal and tree maintenance services. 3 . On November 5, 1996 , California voters approved Proposition 218, also known as "The Right to Vote on Taxes Act", which prohibits the levy of any new assessments or increase in existing assessment rates without property owner approval. The local agency must distinguish between general and direct benefit and shall on ly assess for direct benefit. At that time , parks were considered to be a general benefit. 4. On July 1, 1997, the City discontinued assessments for park maintenance operations. The park maintenance program is currently funded through the general fund . City Council April 16 , 2016 Page 2 of 2 5. On March 16, 1999, the City Council adopted Resolution No. 99-3737 extending the duration of the City's Lighting and Maintenance District fo r an additional 20 years through the year 2019 . 6. On June 20, 2017, the City Council adopted Resolution No. 17-5264 extend ing the duration of the City's Lighting and Maintenance District for an additional 20 years through the year 2039. 7. On March 7, 2018, an agreement for services between the City and Harris & Associates was fully executed to prepare and complete the engineer's report. ANALYSIS: Pursuant to the 1972 State Lighting and Landscape Act, an engineer's report must be prepared for each fiscal year in which assessments are levied and collected for the City's Lighting and Maintenance District ("District"). The engineer's report identifies eligible program expenditures, establishes the District's operating budget, updates individual property assessments, and documents the City's compliance with all applicable laws . The City has contracted with Harris & Associates to complete the engineer 's report and provide other similar assessment services. The appropriate resolution ordering the engineer's report for City Council's review and adoption is attached (Attachment "A "). CITY STRATEGIC GOALS: Adoption of Resolution No. 19-5391 ordering the required Engineer's Report for the City's Lighting and Maintenance District for FY 2019-20 will further the City's Strategic Goal to promote Good Governance . FISCAL IMPACT: There is no fiscal impact as the cost of $8 ,500 is budgeted in the Lighting and Landscape District fund for FY 2018-19 . ATTACHMENT: A. Resolution No . 19 -5391 ATTACHMENT A RESOLUTION NO. 19-5391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING THE ENGINEER'S REPORT REQUIRED TO LEVY THE LIGHTING AND MAINTENANCE DISTRICT ANNUAL ASSESSMENTS FOR FISCAL YEAR 2019-20 WHEREAS, on June 19, 1979, the City Council of the City of Temple City adopted Resolution No. 79-1825 creating the Citywide Lighting Assessment District , pursuant to the State of California Lighting and Landscape Act of 1972 , as contained in Division 15 of the Streets and Highways Code of the State of California ; and WHEREAS, on May 7 , 1991, the City Council, adopted Resolution No. 91-3048 amending the existing Citywide Lighting Assessment District to include a maintenance zone, thereby creating the Temple City Lighting and Maintenance District for the purpose of funding other eligible programs, including traffic signal and tree maintenance services; and WHEREAS, on March 16 , 1999, the City Council, adopted Resolution No. 99- 3737 extending the duration of the Camellia Lighting District for an additional 20 years through 2019, per §18062 of the Streets and Highways Code of the State of California ; and WHEREAS, on June 20, 2017, the City Council adopted Resolution No . 17- 5264 extending the duration of the City's Lighting and Maintenance District for an additional 20 years through the year 2039. WHEREAS, the Lighting and Landscape Act of 1972 requires the preparation of an engineer's report to determine and adjust annual assessment rates for the Lighting and Maintenance District. NOW THEREFORE, the City Council of the City of Temple City does hereby resolve as follows : SECTION 1. The engineering firm of Harris & Associates is hereby ordered to prepare and appropriately file the engineer's report required to determine and adjust the City of Temple City Lighting and Maintenance District assessments for fiscal year 2019-20 in accordance with Article 4 of the Lighting and Landscape Act of 1972 . City Council Resolution No. 19-5391 April 16, 2019 Page 2 of 2 SECTION 2. The engineer's report shall reflect prov1s1ons and related assessment rate adjustment in compliance with Proposition 218 , also referred to as "The Right to Vote on Taxes Act ," as approved by the voters of the State of California on November 5, 1996 . SECTION 3. The report shall be titled: "Engineer's Report for the City of Temple City Lighting and Maintenance District Fiscal Year 2019-20 Assessments." SECTION 4. The City Clerk shall certify to the adoption of this Resolution . PASSED, APPROVED, AND ADOPTED on this 16th day of April 2019 . Nanette Fish , Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo , City Clerk Greg Murphy, City Attorney I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No . 19-5391 , was adopted by the City Council of the City of Temple City at a regular meeting held on the 16th day of April 2019 by the following vote : A YES : Councilmembers - NOES: Councilmembers - ABSENT: Councilmembers - ABSTAIN : Councilmembers - Peggy Kuo , City Clerk