REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: BRIAN E. RUSSELL, Assistant Director
Public Works Department, Streets, Landscape, and Graffiti Divisions
VERONICA DIAZ, Management Analyst II
Public Works Department, Administration Division
SUBJECT
Title
HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)
1. ***RESOLUTION - Confirming the diagram and assessment and levy of annual assessment, 2024-2025, for Landscaping and Lighting District No. 1 (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends the City Council:
1. Adopt a resolution confirming the diagram and assessment.
2. Levy and collect the annual assessments for Landscaping and Lighting Maintenance District No. 1.
EXECUTIVE SUMMARY
The Landscaping and Lighting Maintenance Act of 1972 requires an annual hearing and levy of assessments for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (LLMD). The assessment collected ($712,309) will provide for the maintenance of the City required landscaped easements along streets adjacent to the 145 subdivisions within the District.
Today’s hearing is to allow opportunity for public comment about the LLMD and for the Council’s approval of the annual assessment.
BACKGROUND
On March 22, 1983, the Council adopted Resolution 83-93 ordering the formation of Assessment District 89 (District) subsequently renamed LLMD No. 1. The District was formed to recover the City’s costs of maintaining the landscaping within public rights-of-way and easements adjacent to existing and newly developed subdivisions. The District is comprised of 145 subdivisions with 14,870 individual assessments. The staff report includes the enclosed vicinity maps showing the locations of the subdivisions included in the LLMD.
The landscaping improvements are maintained from funds derived through assessments levied by the LLMD. These improvements are generally limited to “back-up” and “side-on” treatments primarily on major streets and do not include the maintenance of landscaping in median islands or frontage road islands. The assessments also do not cover the costs to maintain pocket parks, utility easements, trails, bike paths, and greenways.
On May 7, 2024, the Engineer's Report was filed in the City Clerk's Office and has been available for public review. On May 23, 2024, the City Council adopted Resolution No. 2024-098 indicating its intention to levy and collect the annual assessments for properties within the District, and set today’s public hearing.
The purpose of today's hearing is to allow all property owners affected by the District an opportunity to give public testimony regarding their assessments and for the Council to adopt the Resolution Approving the Engineer's Report and Levying Annual Assessments. At this time we have received no letters of protest from District property owners.
Today’s public hearing has been duly noticed and the attached Resolution has been reviewed and approved as to form by the City Attorney's Office.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act (CEQA) Guidelines Section 15378, this item is not a project and is therefore exempt from CEQA review.
LOCAL PREFERENCE
Local preference was not implemented, as this item does not include a bid or award of a construction or services contract.
FISCAL IMPACT
The Public Works Department performed the maintenance in the past LLMD fiscal year using only assessment funds collected ($712,309). Approval of the annual levy of the LLMD assessments will provide funding for a continuation of the current service levels within the LLMD subdivisions.
In the event the City Council elects not to confirm the assessments for FY 2025, the maintenance effort could be funded using General Fund, Community Sanitation Funds, or a combination thereof. The Council could also choose to terminate the service.
Attachments:
Vicinity Maps
Resolution