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HomeMy WebLinkAbout052025-08.1 ADMINISTRATIVE STAFF REPORT 8.1 TO: Mayor and Town Council May 20, 2025 SUBJECT: Conducting a public hearing, accepting ballots and directing the tabulation of all ballots received regarding the proposed formation of Landscaping & Lighting Assessment District No. 2025-1 for Fiscal Year 2025/26 BACKGROUND Since the beginning of the year, the Town of Danville has been engaged in a process seeking property owner approval for a new, Town-wide Landscaping and Lighting Assessment District. If approved, the new district (Danville Landscaping & Lighting Assessment District No. 2025-1 or LLAD No. 2025-1) would replace the Town’s existing district, LLAD No. 1983-1. This process, which follows the substantive and procedural requirements of Proposition 218 and the Landscaping and Lighting Act of 1972 (the “Act”) has involved the following steps to reach this point:  On February 4, 2025, the Town Council adopted Resolution No. 7-2025, initiating formation of Danville LLAD No. 2025-1 and ordering preparation of the required engineer’s report pursuant to the Act and Proposition 218.  On March 18, 2025, the Town Council adopted Resolution No. 22-2025, approving the Preliminary Engineer’s Report for LLAD No. 2025-1 and setting May 20, 2025, as the date for the public hearing on the proposed district.  Prior to April 4, ballots were mailed to every property owner in Town, along with a 4-page notice providing information regarding the district, the proposed assessment for that owner’s property, and detailed instructions on how to complete and return the ballot. Under state law, this balloting process is a majority protest. This means that if a majority of the ballots returned (weighted by the proposed assessment amount) vote no, LLAD No. 2025-1 will not be formed. If the majority of ballots returned, weighted by proposed assessment amount, do not oppose, then the Town Council may move forward with approving the formation of LLAD No. 2025-1 and levying its assessments commencing Fiscal Year 2025/26. Public Hearing for LLAD 2025-1 2 May 20, 2025 DISCUSSION To complete the next step in the legal process, the Town Council must now conduct a public hearing regarding the proposed assessment. Any person can present written or oral testimony and the Town Council shall consider all objections or protests to the proposed assessment. At the conclusion of the public hearing, no more ballots will be accepted. The City Clerk, working with the District Engineer, will begin tabulating the ballots on May 21, 2025, during regular business hours in the Community Meeting Room at the Danville Town Offices, 500 La Gonda Way. The tabulation is open to any member of the public wishing to observe. The final results of the balloting will be reported to the Town Council on June 3, 2025. PUBLIC CONTACT The notice included with the ballot mailed to every property owner in Town provided notice of the date, time and location of this hearing. In addition, a separate notice was published in a newspaper of general circulation. Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT The total assessment for LLAD No. 2025-1 would be $4,469,530 for Fiscal Year 2025/26. RECOMMENDATION Conduct a public hearing, accept ballots and direct the tabulation of all ballots received regarding the proposed formation of Landscaping & Lighting Assessment District No. 2025-1 for Fiscal Year 2025/26. Prepared by: Dave Casteel Maintenance Services Director Attachment: LLAD No. 2025-1 Fiscal Year 2025/26 Final Engineer’s Report (Available upon request from City Clerk’s office)