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HomeMy Public PortalAbout09) 7F Adoption of Reso 20-5452 Ordering the Engineers Report to Establish Lighting and Maintenance District Assessment Rates for FY 2020-21AGENDA ITEM 7.F. ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE: March 3, 2020 TO: The Honorable City Council FROM: Bryan Cook , City Manager By : Susan Paragas , Administrat ive Services Director SUBJECT: ADOPTION OF RESOLUTION NO. 20-5452 ORDERING THE ENGINEER'S REPORT TO ESTABLISH LIGHTING AND MAINTENANCE DISTRICT ASSESSMENT RATES FOR FISCAL YEAR 2020-2021 RECOMMENDATION: The City Council is requested to adopt Resolution No . 20-5452 ordering the preparation of the Lighting and Maintenance Assessment District annual engineer's report for Fiscal Year (FY ) 2020 -2021 . BACKGROUND: 1. On Ju ne 19 , 1979, the City Council adopted Resolution No. 79-1825 c rea ti ng the C itywide Lighting Assessment District pu rsuant to the State of Californ ia Li g ht in g and Landscape.Act of 1972 . 2 . On May 7 , 1991 , the City Council adopted Resolut ion No . 91-3048 amending t he existing Citywide Lig ht i ng Assessment District to incl ude a ma i nte nance zone , thereby creating the Temp le City Lighting and Maintenance District for the pu rpose of funding other eligible programs , including traffic signal and tree ma intenance services . 3 . On November 5 , 1996 , Ca lifornia voters approved Propos it ion 218 , also known as "The Right to Vote on Taxes Act", wh ich prohibits the levy of any new assessments or increase in existing assessment rates without property owne r approval. The local agency must distinguish between gene ral and direct benefit and sha ll o nly assess fo r d irect benefit. At that t ime , parks were considered to be a general be nefi t. 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 March 3, 2020 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 for an additional 20 yea rs 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 fisca l year in which assessments a re lev ied and collected for the C ity's Light i ng and Maintenance District ("Di strict "). The eng ineer's report identifi es eligible program expend itures , establishes the District's operating budge t , updates individual property assessments , and documents the City's compl iance with all app licable laws . The C ity has contracted wi th Harris & Assoc iates to complete the enginee r's report and provide other similar assessment services . The appropriate resolution ordering the e ng ineer's report fo r City Co uncil's review and adopti on is attached (Atta ch ment "A"). CITY STRATEGIC GOALS: Adoption of Resolution No . 20 -5452 ordering t he required Eng ineer's Report for the City's Lighting and Maintenance District for FY 2020-2021 will furthe r the City's Strategic Goal to p romote Good Governance . FISCAL IMPACT: There is no fiscal impact as t he c os t of $8 ,500 is budgeted in the Li ghting and Landscape District fund for FY 2019-2020 . ATTACHMENT: A. Reso lution No . 20 -5452 RESOLUTION NO . 20-5452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING THE ENGINEER 'S REPORT REQUIRED TO LEVY THE LIGHTING A ND MAINTENANCE DISTRICT ANNUAL ASSESSMENTS FOR FISCAL YEAR 2020-2021 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 Divis ion 15 of the Streets and Highways Code of the State of California ; and WHEREAS, on May 7 , 1991 , th e City Council , adopted Resolution No . 91-3048 amending the existing Citywide Lighting Assessment District to include a maintenance zone , thereb y creating the Temple City Lighting and Maintenance District for the purpose of fund ing other eligible programs , in cluding traffic s ig na l and tree maintenance services ; and WHEREAS, on March 16 , 1999 , the City Council , adopted Resolution No . 99- 3737 extending the durat ion of the Camellia Lighting District for an addit ional 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 Ma i ntenance District for an additional 20 years through the year 2039 . WHEREAS , th e Light in g and Lands cape Act of 1972 requires the preparation of an engineer's report to determine a nd 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 2020-2021 in accordance with Article 4 of the Lighting and Landscape A ct of 1972 . City Council Resolution No . 19-5391 April16, 2019 Page 2 of 2 SECTION 2. The engineer's report shall reflect prov1s1ons and related assessment rate adjustment in compliance with Propos ition 218 , also referred t o 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 sha ll be titled : "Eng ineer's Report for the C ity of Temple City Lighting and Maintenance Distr ict Fiscal Year 2020-2021 Assessments ." SECTION 4. The City Clerk shall certify to the adoption of this Reso lution . PASSED , APPROVED , AND ADOPTED on this 3rd day of March 2020 . 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 . 20-5452 , was adopted by the City Council of the City of Temple City at a regular meeting held on the 3rd day of March 2020 by the follow ing vote : AYES : NOES: ABSENT : ABSTAIN : Councilmembers - Councilmembers - Councilmembers - Councilmembers - Peggy Kuo , City C lerk