HomeMy WebLinkAbout060325-08.1
ADMINISTRATIVE STAFF REPORT 8.1
TO: Mayor and Town Council June 3, 2025
SUBJECT: Resolution 38-2025, declaring results of the property owner protest ballot
proceedings, approving the final engineer’s report, ordering the formation
of Landscaping and Lighting Assessment District No. 2025-1, and
confirming diagram and the levy of assessments for Fiscal Year 2025/26
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 (“LLAD No. 1983-1”). LLAD No. 1983-1 was expanded in 1987 to
include major roadside and median landscaping, and in 1990 to include parks and facilities
maintenance. In 1997, LLAD No. 1983-1 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.
Since the beginning of the year, the Town has been engaged in a process seeking property
owner approval for a new, Town-wide Landscaping and Lighting Assessment District. 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 Landscaping and Lighting Assessment District No. 2025-1
(“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 the Town, along with
a four-page notice providing information regarding the formation of LLAD No. 2025-
1, the proposed assessment for that owner’s property, and detailed instructions on
how to complete and return the ballot.
• On May 20, 2025, the Town Council conducted a public hearing, accepted ballots and
directed tabulation of all ballots received regarding the proposed formation of LLAD
No. 2025-1.
LLAD No. 2025-1 Formation 2 June 3, 2025
On May 21, the District Engineer and City Clerk tabulated all ballots received by the May
20 deadline. The tabulation process, which was open to the public, resulted in the following
results:
Because no majority protest exists, the Town Council may now move forward with the
formation of Landscaping and Lighting Assessment District No. 2025-1 and confirming the
diagrams and levy of assessments for Fiscal Year 2025/26. Approval of the formation of
LLAD No. 2025-1 will replace the Town’s previous landscaping and lighting assessment
district, LLAD No. 1983-1.
DISCUSSION
LLAD No. 2025-1 consists of four benefit zones: Zones A and B assess parcels benefitting
from roadside landscape maintenance (Zone B has a higher intensity of landscaping than
Zone A, refer to the Assessment Diagram on page 11 of the Engineer’s Report). Zone C
assesses parcels benefitting from street lighting, and Zone D assesses parcels benefitting
from park and community facilities maintenance. The different rates found under Zone C
and Zone D in the table below are due to the level of special and direct benefit to property
based on proximity to these amenities.
The Engineer’s Report (Attachment B) proposes a budget and assessment rates for each of
the four benefit zones. The report also describes the improvements to be maintained, and
the methodology used to determine the proposed assessments. Property owners are
assessed based on the special benefit received from the improvements maintained by LLAD
No. 2025-1.
Formation of LLAD No. 2025-1 and the corresponding levy of assessments for Fiscal Year
2025/26 may be approved by a simple majority vote of the Town Council. There are eight
possible assessment rate scenarios for a single-family residential parcel under LLAD No.
2025-1 depending on the benefit zones they are located in as shown on the following page.
Type of
Vote
Number*
of Ballots
Returned
Proposed
Assessment
Amount
Percent of
Weighted
Assessment
Yes 3,241 $915,165.41 57.1%
No 2,615 $687,587.31 42.9%
Total 5,856 $1,602,752.72 100.0%
LLAD No. 2025-1 Formation 3 June 3, 2025
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
The projected LLAD No. 2025-1 budget for Fiscal Year 2025/26 is $6,666,608, which will be
covered by assessments and cost sharing with the General Fund.
RECOMMENDATION
Adopt Resolution No. 38-2025, declaring results of the property owner protest ballot
proceedings, approving the final engineer’s report, ordering the formation of Landscaping
and Lighting Assessment District No. 2025-1, and confirming diagram and the levy of
assessments for Fiscal Year 2025/26.
Prepared and Reviewed by:
Dave Casteel
Maintenance Services Director
Attachments: A - Resolution No. 38-2025
B – 2025/26 Final Engineer’s Report
(Available upon request from City Clerk’s office)
C – Certificate of Mailed Ballot Results
RESOLUTION NO. 38-2025
DECLARING RESULTS OF THE PROPERTY OWNER PROTEST BALLOT
PROCEEDINGS, APPROVING THE FINAL ENGINEER’S REPORT, ORDERING
THE FORMATION OF LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT NO. 2025-1, AND CONFIRMING DIAGRAM AND THE LEVY OF
ASSESSMENTS FOR FISCAL YEAR 2025/26
WHEREAS,the Danville Town Council (the “Town Council”)is proposing the formation
of an assessment district pursuant to the provisions of the Landscaping and Lighting Act
of 1972 (commencing at Section 22500 of the California Streets and Highways Code),
hereinafter referred to as the “Act”, and Proposition No. 218 to replace existing Danville
Street Lighting and Landscape Assessment District No. 1983-1; and
WHEREAS,on February 4, 2025, the Town Council adopted Resolution No. 7-2025,
initiating proceedings related to the formation of the proposed assessment district,
describing the district and its improvements, specifying the distinctive designation of the
proposed assessment district as Danville Landscaping and Lighting Assessment District
No. 2025-1 (the “District”), and ordering the District Engineer to prepare the required
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 Act, filed with the City Clerk, and has been considered by the Town
Council in these proceedings; and
WHEREAS, on March 18, 2025, the Town Council adopted Resolution No. 22-2025,
accepting the Preliminary Engineer’s Report, declaring the Town Council’s intent to form
the District and levy and collect assessments for Fiscal Year 2025/26 and setting May 20,
2025 as the date and time for the public hearing; and
WHEREAS, as required by Proposition No. 218 and in accordance with the requirements
of Section 22588 of the California Streets and Highways Code, notices and ballots were
mailed to each affected property owner, identifying the District improvements and
proposed assessments; and
WHEREAS, on May 20, 2025, the Town Council conducted the public hearing and gave
any interested person an opportunity to protest the proposed assessments and formation
of the District, either in writing or orally; and
WHEREAS, the public hearing was closed and the Town Council continued the
tabulation of the ballots to May 21, 2025 at 8 a.m. in the Town Offices; the ballots were
duly tabulated and the amount of the assessments represented by the property owner
assessment ballots submitted in favor of formation of the District was greater than those
submitted against the assessment as shown on Exhibit “C”; now, therefore, be it
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 38-2025
RESOLVED,by the Danville Town Council that;
1. The preceding recitals are true and correct and material to the adoption of this
Resolution.
2. The Town Council has carefully reviewed and examined the Final Engineer’s
Report in connection with the formation of Danville Landscaping and Lighting
Assessment District No. 2025-1 and hereby approves it as submitted and finds
and determines that:
a. The territory of land within the District will receive special benefits from
the construction, operation, maintenance, and servicing of the
improvements related thereto;
b. The maximum amount to be assessed upon the lands within the District,
in accordance with the build-out budget for Fiscal Year 2025/26 is
apportioned by a formula and method which fairly distributes the net
amount among all eligible parcels in proportion to the special benefits
to be received by each parcel from the District improvements and
services.
3. No majority protest existing, the Engineer’s Report, preliminarily adopted by
the Town Council on March 18, 2025, and as modified to correct individual
assessments upon property owner appeals, is hereby approved and adopted
as the Final Engineer’s Report for the District for Fiscal Year 2025/26.
4. The diagram showing the assessment district and the benefit zones thereof and
the proposed assessments contained in the Engineer’s Report and presented to
the property owners of record within the District are hereby confirmed.
5. The Town Council hereby orders the improvements to be constructed,
maintained, and serviced, orders the formation of Danville Landscaping and
Lighting Assessment District No. 2025-1, and confirms and approves the
diagram and the Fiscal Year 2025/26 assessments as shown in the Danville
Landscaping and Lighting Assessment District No. 2025-1 Fiscal Year 2025/26
Final Engineer’s Report.
6. Pursuant to the authority of the Act, the assessment to pay the costs and
expenses of maintaining the improvements described in the Engineer’s Report
is hereby levied.
7. Based upon the oral and written evidence presented, including the Engineer’s
Report, the Town Council finds that there is substantial evidence in the record
demonstrating that the properties within the District receive a special benefit
over and above the benefit conferred on the public at large and that the amount
of the assessment is proportional to the special benefit conferred on the
property.
8. The maximum assessments per Equivalent Dwelling Unit (“EDU”) for Fiscal
Year 2025/26 as described in the Engineer’s Report, shall be $90.62 for Zone A,
$135.93 for Zone B, $14.55 for the Zone C Major Roadway Component, $27.63
ATTACHMENT A
PAGE 3 OF RESOLUTION NO. 38-2025
for the Zone C Local Component, $114.35 for the Zone D Community Parks
and Facilities Component, and $36.81 for the Zone D Neighborhood Parks
Component. Commencing July 1, 2026, the maximum assessment rates will
annually increase by the annual change in the Consumer Price Index, San
Francisco Bay Region (All Urban Consumers), not to exceed 3%.
9. The Town shall discontinue the Senior Rebate program which previously
provided for owners 65 years of age or older, by application, a rebate of $54.00
from the Zone D/Park Maintenance assessment levied on the owner’s
principal place of residence.
10. The District Engineer is directed to file a certified copy of the diagram,
assessment and this resolution with the Auditor of the County of Contra Costa
by no later than the third Monday in August. Upon receipt of the diagram and
assessment, the County Auditor shall enter on the county assessment roll
opposite each lot or parcel of land the amount assessed thereupon, as shown
in the assessment. After collection by the County, the net amount of the
assessments, after deduction of any compensation due the County for
collection, shall be paid to the Town.
11. Upon receipt of monies representing assessments collected by the County, the
Town’s Finance Manager shall deposit the monies in the Town’s fund for the
District. These funds shall be used only for maintenance and installation of the
District improvements described in the Engineer’s Report.
12. Assessments corresponding to existing Danville Street Lighting and Landscape
Assessment District No. 1983-1 will cease to be levied and Danville Street
Lighting and Landscape Assessment District No. 1983-1 will be dissolved at a
future Town Council meeting.
APPROVED by the Danville Town Council at a regular meeting on June 3, 2025 by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
ATTACHMENT A
EXHIBIT C
CERTIFICATE OF MAILED BALLOT RESULTS
FORMATION OF DANVILLE
LANDSCAPING & LIGHTING ASSESSMENT DISTRICT NO. 2025-1
June 3, 2025
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify the results of the ballot
tabulation conducted on May 21, 2025 to be as follows:
TOTAL ASSESSMENT AMOUNT CAST “YES”: $915,165.41
TOTAL ASSESSMENT AMOUNT CAST “NO”: $687,587.31
TOTAL ASSESSMENT AMOUNT CAST: $1,602,752.72
THE ASSESSMENT AMOUNT CAST “YES” EQUAL 57.1% OF THE TOTAL
ASSESSMENT AMOUNT CAST.
Dated: June 3, 2025
TOWN OF DANVILLE
By
Marie Sunseri
City Clerk of the Town of Danville