CITY COUNCIL Quasi-Judicial Matter

Transcription

1 SUMMARY REPORT CITY COUNCIL Quasi-Judicial Matter c:::::t f Agenda No. Key Words: Landscaping Lighting District Meeting Date: July 12, 2016 PREPARED BY: ~ Janet Koster, Public Works Operations Manager~ City Engineer/Public Works Department ~ RECOMMENDATION I REQUESTED ACTION: Matters relating to the Dixon Landscaping and Lighting Maintenance District (LLMD): 1. Conduct a public hearing to receive comments on the proposed assessments for Fiscal Year Adopt a resolution approving the Engineer's Report for the LLMD for FY including confirming the diagram and assessments and diagrams and ordering levy of assessments. BACKGROUND I DISCUSSION I ANALYSIS: At the May 24, 2016 City Council meeting, the Council preliminarily approved the Fiscal Year Engineer's Report (annual budget) for the LLMD and set July 12, 2016 as the date for the public hearing. No assessments are proposed to increase this year other than the cost of living adjustment (COLA) allowed in Valley Glen Development Area (3.2% increase). Until the hearing has been closed, members of the Council should not express opinions, judgments, or decisions on the matters being considered. The Council is acting in a quasijudicial capacity so the property owners are entitled to be heard before members of the Council arrive at their decisions. Council members are free to ask any questions of or seek any information they may desire from anyone appearing before them, either property owners or staff. The Resolution has been formatted to allow for three votes on this item so that Councilmembers living in the LLMD can abstain from voting on the assessment for the Zone that includes their residence. The first vote reflects the abstention of the Councilmember living in Zone 4 (Batchelor), the second vote reflects the abstention of the Councilmember living in Zone 10 (Castanon}, and the third vote reflects all the Councilmembers voting on the remaining Zones. Copies of the full Engineer's Reports were provided in the May 24, 2016 agenda packet and are available on the City's website at: php?view id=6&clip id=859&meta id=66678 or at the City Clerk's Office upon request. A chart summarizing the assessments by zone is attached. 1 of2

2 ALTERNATIVES I OPTIONS: The Council could consider a reduction in assessments that would (1) result in an increase in expenses to the General Fund or (2) reduce the budgets and fewer funds would be available to maintain the landscaping. If the Council feels that the landscaping in the LLMD is not being adequately maintained the budgets can be increased. The increased funding could come from the City's General Fund. An increase in assessments would require majority property owner approval via mailed ballots and cannot be completed prior to the County's deadline for submittal of assessments. ENVIRONMENTAL: The California Environmental Quality Act (CEQA) is not applicable because this action does not meet the definition of a project. SUBSEQUENT ACTION(S): The Resolution adopted after the close of the public hearing represents the final Council action regarding the FY assessments. City staff will enter the assessments on the County property tax rolls. FINANCIAL IMPACT: The total amount of proposed assessments is $149,306 including the COLA for the Valley Glen Area (Zone 1 0). The City General Fund will contribute $53,863. Other than the annual COLA in the Valley Glen area (Zone 1 0), rates have not increased in the District since Due to increasing costs for street light energy, maintenance and water since 1993, the current funding structure can no longer continue funding the existing labor level of effort. As of FY 15-16, the City reduced the budget for the LLMD maintenance labor from 1.25 FTE to 0.67 FTE. There was also a reduction in funding for labor provided by the California Department of Forestry. Due to the limited number of maintenance hours, the City no longer assigns a single staff person to the LLMD. Several maintenance workers charge their actual hours worked in the LLMD. Personnel costs, maintenance and administration, total $53,863. This is also the value of the City's General Fund contribution to the LLMD. In light of the reduced labor, City staff has reduced the pruning frequency and has removed some landscaping that required higher levels of maintenance. ATTACHMENTS: Map of District. Chart of Assessments by Zone. Proposed Resolution. APPROVALS: Finance~ City Attorney:

3 ATTACHMENT 1 City of Dixon Landscaping and Lighting District UPDATBD: 11ARC SCALE: t ' - -=-~ l

4 ATTACHMENT 2 DIXON LANDSCAPING & LIGHTING MAINTENANCE DISTRICT ANNUAL ASSESSMENTS BY ZONE No proposed changes except for Zone 10 (Valley Glen) FY proposed FY ZONE 1 Residential/lot $ $ ZONE2 Residential/lot Parcel/acre ZONE3 Residential/lot Ph.Run Hwy. Com./acre Gateway Plaza/acre ZONE4 Residential/lot Parcel/acre ZONES KragenNaughn Rd./acre Dixon Bus. Center/acre ZONES Collier Manor/lot Country Fairellot ZONE 7 Residential/lot Parcel/acre ZONES Residential/lot Parcel/acre ZONE9 Residential/lot ZONE10 Residential/lot; parcel/acre * Parcel/acre * *increase 3.2% per Bureau of Labor Statistics' cost of living increase from December 2014 to December 2015 (San Francisco region for all urban consumers).

5 RESOLUTION NO. A RESOLUTION OF THE CITY OF DIXON CITY COUNCIL APPROVING ENGINEER'S REPORT FOR THE DIXON LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY INCLUDING CONFIRMING DIAGRAM AND ASSESSMENTS AND ORDERING LEVY OF ASSESSMENT CITY OF DIXON Dixon Landscaping and Lighting Maintenance Assessment District RESOLVED, by the City Council (the "Council") of the City of Dixon (the "City"), County of Solano, California, that WHEREAS, the Council adopted a resolution directing the preparation of the annual report pursuant to Section of the Streets and Highways Code generally describing any new improvements for the Dixon Landscaping and Lighting Maintenance Assessment District, (the "District"), designating Joseph M. Leach, City Engineer/Public Works Director, as Engineer of Work and ordering said Engineer of Work to make and file a report in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code Section 22000, et seq.; WHEREAS, said report was duly filed with the City Clerk and pursuant to Section of the Streets and Highways Code Council adopted by its Resolution No , a Resolution Preliminarily Approving the Engineer's Report, Declaring the Intention to Levy and Collect Assessments for the Dixon Landscaping and Lighting Maintenance Assessment District for the fiscal year and fixing the time for the public hearing on the levy of the proposed assessment as the regular meeting of the Council on Tuesday, July 12, 2016, at the hour of 7:00p.m., in the regular meeting place of this Council, Council Chambers, City Hall, 600 East "A" Street, Dixon, California (the "District"), this Council ordered the Engineer of Work to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; WHEREAS, no proposed levy is an "increased assessment" pursuant to Section or of the Government Code; WHEREAS, the report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that on Tuesday, July 12, 2016, at the hour of 7:00p.m., in the regular meeting place of this Council, Council Chambers, City Hall, 600 East "A" Street, Dixon, California, was appointed as the time and place for a public hearing by this Council on the question of levying the proposed assessment, notice of public which hearing on the levy of the proposed assessment was duly and regularly published pursuant to Section of the Streets and Highways Code; and 1 of4

6 WHEREAS, at the appointed time and place the public hearing was duly and regularly held, and all persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard and considered; and NOW, THEREFORE, RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF DIXON IT IS ORDERED, that: 1. The public interest, convenience, and necessity require that the levy be made. 2. The District benefited by the improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. 3. The Council hereby approves and adopts Engineer's Report as a whole and each part thereof, to wit: (a) The Engineer of Work's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; (b) The diagram showing the assessment district, the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the District and (c) The assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto are finally approved and confirmed. 4. Final adoption and approval of the Engineer's Report as a whole, including and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the report, as hereinabove determined and ordered, is intended to include any and shall refer and apply to the report, or any portion thereof as amendments, corrections or revisions, which have been modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 5. The assessment to pay the costs and expenses of the maintenance of the improvements for Fiscal Year is hereby levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to the Resolution Directing Preparation of Annual Report. 2 of4

7 6. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 7. Immediately upon the adoption of this resolution, but in no event later than the deadline set by the Solano County Assessor, the City Engineer shall file an electronic copy of the assessment role with the Auditor of the County of Solano. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City Treasurer of this City. 8. Upon receipt of moneys representing assessments collected by the County, the City Treasurer of this City of Dixon shall deposit the moneys in the City Treasury to the credit of an improvement fund. Moneys in the improvement fund shall be expended only for the maintenance of the improvements for which these assessments are levied. ************ WITH RESPECT TO DIXON LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ZONE 4 PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DIXON THIS 12th DAY OF JULY 2016, BY THE FOLLOWING VOTE: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Suellen Johnston City Clerk Jack Batchelor, Jr. Mayor 3of4

8 WITH RESPECT TO DIXON LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ZONE 10 PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DIXON THIS 12th DAY OF JULY 2016, BY THE FOLLOWING VOTE: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Suellen Johnston City Clerk Jack Batchelor, Jr. Mayor WITH RESPECT TO DIXON LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ZONES 1, 2, 3, 5, 6, 7, 8, AND 9 PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DIXON THIS 12th DAY OF JULY 2016, BY THE FOLLOWING VOTE: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Suellen Johnston City Clerk Jack Batchelor, Jr. Mayor 4 of4