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HomeMy WebLinkAbout050223-06.4 ADMINISTRATIVE STAFF REPORT 6.4 TO: Mayor and Town Council May 2, 2023 SUBJECT: Resolution No. 30-2023, approving the preliminary Engineer’s Report, declaring intent to levy and collect assessments for Fiscal Year 2023/24 and setting June 6, 2023 as the date for the public hearing for Danville Street Lighting and Landscape Assessment District No. 1983-1 BACKGROUND Upon incorporation, Danville inherited several street lighting districts from Contra Costa County. In 1983, these were consolidated into a single Town-wide Lighting and Landscape Assessment District (the “District”). The District was expanded in 1987 to include major roadside and median landscaping, and in 1990 to include parks and facilities maintenance. In 1997, the District was ratified by the Town’s property owners with more than 87% support. In 2003, the Town’s property owners approved an increase in the assessments to maintain an adequate level of maintenance. The District operates pursuant to the requirements of the Landscaping and Lighting Act of 1972 (the “Act”) and Article XIIID, Section 4 of the California Const itution, adopted by Proposition 218. The Act requires that every year the District prepare an Engineer’s Report describing the improvements maintained by the District and the assessments necessary to maintain the improvements. On March 7, 2023, the Town Council adopted Resolution No. 20-2023 directing preparation of the Preliminary Engineer’s Report for Fiscal Year 2023/24. DISCUSSION The District consists of four benefit zones: Zones A and B provide for roadside landscaping, Zone C provides for street lighting, and Zone D provides for park and community facilities maintenance. Property owners’ assessments partially cover the special benefits received from the improvements maintained by the District. The Preliminary Engineer’s Report proposes a budget and assessments for each of the four zones (Attachment B). The report also describes the improvements maintained and methodology used to determine the proposed assessments. Declaring Intent to Levy LLAD 2 May 2, 2023 District Budget The estimated 2023/24 District assessment revenues, by benefit zone, are shown below: Zone A $ 586,453 Zone B $ 746,855 Zone C $ 667,394 Zone D $1,057,900 Total $3,058,602 Assessment Rates The District’s assessments are based on Equivalent Dwelling Units (EDU’s). A single-family residential parcel represents one EDU. All other land uses are assigned an EDU based on the intensity of the land use relative to single family residential. The current assessments for single family residential are shown below: Zone A $ 40.20 Zone B $179.50 Zone C $ 58.50 Zone D $ 67.80 The Preliminary Engineer’s Report proposes no increase in assessments per EDU for Fiscal Year 2023/24. The 2023/24 District budget and rate structure assume continuation of the Senior Rebate Program for a portion of the Zone D park maintenance assessments. The annual cost of the Senior Rebate is approximately $40,000. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. Notice of the June 6, 2023 public hearing will be published as required by law. FISCAL IMPACT The projected District Budget for Fiscal Year 2023/24 is $7,019,623, which will be covered by assessments, the Town’s General Fund, Asset Replacement Funds, CIP General Purpose funds and District fund balance. Declaring Intent to Levy LLAD 3 May 2, 2023 RECOMMENDATION Adopt Resolution No. 30-2023, approving the Preliminary Engineer’s Report, declaring intent to levy and collect assessments for Fiscal Year 2023/24 and setting June 6, 2023 as the date for the public hearing for Danville Street Lighting and Landscape Assessment District No. 1983-1. Prepared and Reviewed by: Dave Casteel Maintenance Services Director Attachments: A - Resolution No. 30-2023 B – 2023/24 Preliminary Engineer’s Report (Available upon request from City Clerk’s office) RESOLUTION NO. 30-2023 APPROVING THE PRELIMINARY ENGINEER’S REPORT, DECLARING INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2023/24 AND SETTING JUNE 6, 2023 AS THE DATE FOR THE PUBLIC HEARING FOR DANVILLE STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1983-1 WHEREAS, by its Resolution No. 72-83, the Danville Town Council ordered the formation of, and levied the first assessment within the Danville Street Lighting and Landscape Assessment District 1983-1 (the “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code), hereafter referred to as the “Act”; and WHEREAS, on March 7, 2023, the Town Council adopted Resolution No. 20-2023, directing the preparation of the Preliminary Engineer’s Report for the District, which report has been prepared in accordance with Article 4 (beginning with Section 22565 of the California Streets and Highways Code) of Chapter 1 of the Landscape and Lighting Act of 1972, filed with the City Clerk and has been considered by the Town Council in these proceedings: and WHEREAS, it is the intention of the Town Council to levy and collect assessments within the District for Fiscal Year 2023/24: and WHEREAS, the District includes all parcels of land within the incorporated limits of the Town of Danville; and WHEREAS, reference is hereby made to the aforementioned Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the proposed maintenance assessment district, the benefit zones and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the current levies for equivalent dwelling units for Benefit Zones A, B, C and D are $40.20, $179.50, $58.50 and $67.80 respectively: and WHEREAS, the proposed levies for equivalent dwelling units for all benefit zones will remain unchanged; now, therefore, be it RESOLVED, that the Danville Town Council hereby declares its intent to levy and collect assessments for Danville Street Lighting and Landscape Assessment District No. 1983-1 for Fiscal Year 2023/24; and be it further DocuSign Envelope ID: D64F8AAD-9A74-4E35-8B81-EAE7CDE8C722 ATTACHMENT A PAGE 2 OF RESOLUTION NO. 30-2023 RESOLVED, that on Tuesday, June 6, 2023, a public hearing will be held by the Town Council on the question of the levy of the proposed assessments; and, be it further RESOLVED, that the preliminary report prepared and filed by the District Engineer contains all of the elements required for such reports by the Landscape and Lighting Act of 1972 and Article XIIID, Section 4 of the California Constitution, including: 1) an estimate of the annual cost of the improvements; 2) a diagram for the Assessment District; and 3) an assessment of the estimated annual costs of improvements, and is hereby deemed sufficient and preliminarily approved. The report shale stand as the Engineer’s Report for all subsequent proceedings under and pursuant to this resolution. APPROVED by the Danville Town Council at a regular meeting on May 2, 2023 by the following vote: AYES: NOES: ABSTAINED: ABSENT: ______________________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CITY CLERK DocuSign Envelope ID: D64F8AAD-9A74-4E35-8B81-EAE7CDE8C722 ATTACHMENT A