REPORT TO THE CITY COUNCIL
July 20, 2017
FROM: SCOTT L. MOZIER, PE, Interim Director
Public Works Department
BY: ANDREW J. BENELLI, PE, Assistant Director/City Engineer
Public Works Department/Traffic Engineering Services Division
AARON A. AGUIRRE, Public Works Manager
Public Works Department, Landscape Maintenance 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, 2017-2018, for Landscaping and Lighting District No. 1
Body
RECOMMENDATIONS
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). 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 City Council adopted Resolution No. 83-93 ordering the formation of Assessment District No. 89 (District), subsequently renamed LLMD. The District was formed to recover the City's costs of maintaining the landscaping within public rights-of-way and easements adjacent to certain existing subdivisions. The District is now comprised of 145 subdivisions with 14,870 individual assessments.
The landscaping improvements are maintained by the Public Works Department from funds derived through the assessments levied by the District. These assessments will fund the cost of basic landscape maintenance services over the next year. The amount of the annual assessment has remained unchanged since 1997 due to the constraints placed by California Proposition 218, which would require a special registered voter election in order to increase the assessment. Because the assessments have not been adjusted for inflation, the City receives insufficient revenues to maintain the landscaped areas to a high level. The current quarterly maintenance cycle keeps the landscaping presentable, periodically removes litter and leaf debris, but some residents have commented that they would like to have more frequent servicing.
On June 5, 2017, the Engineer's Report was filed in the City Clerk's Office and has been available for public review. On June 22, 2017, the City Council adopted Resolution No. 2017-164 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
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this hearing does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements.
LOCAL PREFERENCE
Local preference was not considered because this hearing 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 ($703,000). Approval of the annual levy of the LLMD assessments will provide funding for a continuation of the current service levels within the LLMD subdivisions.
Attachments: Vicinity Maps (1-5)
Resolution