HomeMy Public PortalAbout10_7H_Order of LLD Engineer Report-FY2122_ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: March 2, 2021
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Susan Paragas, Administrative Services Director
SUBJECT: ADOPTION OF RESOLUTION NO. 21-5515 ORDERING THE ENGINEER’S
REPORT TO ESTABLISH LIGHTING AND MAINTENANCE DISTRICT
ASSESSMENT RATES FOR FISCAL YEAR 2021-2022
RECOMMENDATION:
The City Council is requested to adopt Resolution No. 21-5515 ordering the preparation
of the Lighting and Maintenance Assessment District annual engineer’s report for Fiscal
Year (FY) 2021-2022.
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 only 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.
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
AGENDA
ITEM 7.H.
City Council
March 2, 2021
Page 2 of 2
years through the year 2019.
6. 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.
7. On July 10, 2019, the State of California Senate approved Senate Bill 324 which
allowed the Lighting and Maintenance District of the City of Temple City’s existing
authority to perform specified maintenance and operations under the Street Lighting
Act of 1919, authorization to also perform maintenance and make improvements
pursuant to the Landscaping and Lighting Act of 1972.
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 G OALS:
Adoption of Resolution No. 21-5515 ordering the required Engineer's Report for the
City's Landscape and Lighting District for FY 2021-2022 will further the City's Strategic
Goal to promote Good Governance.
FISCAL IMPACT:
There is no fiscal impact as the cost of $8,500 for the report is budgeted in the Lighting
and Landscape District fund for FY 2020-2021.
ATTACHMENT:
A. Resolution No. 21-5515
RESOLUTION NO. 21-5515
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 2021-2022
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
2021-2022 in accordance with Article 4 of the Lighting and Landscape Act of 1972.
ATTACHMENT A
City Council R esolution No. 21-5515
March 2, 2021
Page 2 of 2
SECTION 2. The engineer's report shall reflect provisions 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 2021-2022 Assessments."
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED on this 2nd day of March, 2021.
Tom Chavez, 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. 21-5515, was adopted by the City Council of the City of Temple City at
a regular meeting held on the 2nd day of March, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers -
Councilmembers -
Councilmembers -
Councilmembers -
Peggy Kuo, City Clerk