PREPARED BY: CHIARA HANNA DATE OF MEETING: 06/17/2024
SUBJECT:
TITLE
CONDUCT PUBLIC HEARING AND CONSIDER ADOPTING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO (1) CONFIRMING THE DIAGRAM AND ASSESSMENTS AS SET FORTH IN THE ENGINEER’S REPORT, AS AMENDED, WITHIN SAN PABLO STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1982-1 FOR FISCAL YEAR 2024-25; (2) DIRECTING THE CITY CLERK TO FILE DIAGRAM AND ASSESSMENTS WITH THE COUNTY AUDITOR NO LATER THAN AUGUST 10, 2024; AND (3) LEVYING ASSESSMENTS
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
FY 2023-25 Council Priority Workplan Compliance Statement
Build a Healthy Community: Priority 109 Develop Public Facilities for Active Living (Parks, Open Space, Sidewalks, Trails, Bike Lanes, Etc.) is an adopted policy item under the FY 2023-25 Council Priority Workplan, effective May 1, 2023.
BACKGROUND
In 1982, the City of San Pablo formed San Pablo Street Lighting and Landscape Assessment District No. 1982-1 and levied the first assessment for Fiscal Year 1982-83. The District was confirmed by a majority vote (approximately 2 to 1 voting in favor) at the general election held November 5, 1996. It is thus exempt from the procedures and approval process set forth in Section 4 of Article XIII D of the California Constitution (Proposition 218) unless assessments are increased. Although it is not necessary to re-form the District each year, the amount of the assessment to be levied must be established annually. Accordingly, a public hearing is held to provide interested persons an opportunity to comment on the proposed assessments. The public hearing should be limited only to comments regarding the proposed maintenance program and assessments for Fiscal Year 2024-25.
On March 18, 2024, the City Council adopted Resolution 2024-037 directing the Assessment District Engineer to prepare and file a report for the levy of the annual assessments within Assessment District 1982-1 for Fiscal Year 2024-25.
The Engineer’s Report has been prepared by the City’s consultant, LCC Engineering & Surveying, Inc., and was filed with the City Clerk. A summary of the report was included with the May 20, 2024 City Council Meeting staff report. On June 5, 2024 the Engineer filed Amendment No. 1 (Attachment C) to the Engineer’s Report. The amendment incorporates revisions to the assessments to select properties in the District reflecting changes in parcel configuration and land use. The amendment increases the assessment revenue by approximately $9,000. The adjustment to assessments is permitted by section 53750(h)(3) of the Government Code which provides that:
A tax, assessment, fee, or charge is not deemed to be “increased” in the case in which the actual payments from a person or property are higher than would have resulted when the agency approved the tax, assessment, fee, or charge, if those higher payments are attributable to events other than an increased rate or revised methodology, such as a change in the density, intensity, or nature of the use of land.
The following “Revised Table 1 - Summary Cost Estimate and Net Amount to be Assessed” in the Engineer’s Report summarizes the proposed District Costs and assessments for Fiscal Year 2024-25. The net amount to be assessed is the sum of the total maintenance costs, less the estimated funds at the end of the current fiscal year, less the construction by the City, plus the anticipated balance forward at the end of the next fiscal year. An increase in assessments is not proposed for Fiscal Year 2024-25. The annual property assessment for the Citywide Street Lighting and Landscape Assessment District were last increased in 1995.
|
|
|
Lighting |
Landscaping |
Total |
|
|
|
|
|
|
|
(a) |
Total Estimated Expense |
$ 350,616.62 |
$ 1,502,709.38 |
$ 1,853,326.00 |
|
(b) |
Plus estimated balance, 6/30/25 |
$ 2,216.93 |
$ 6,851.44 |
$ 9,068.37 |
|
(c) |
Less Contributions |
$ (149,569.01) |
$ (881,371.85) |
$ (1,030,940.86) |
|
(d) |
Plus Investment Payments |
$ - |
$ - |
$ - |
|
(e) |
Less Estimated. Balance, 7/1/24 |
$ 8,144.45 |
$ 25,170.43 |
$ 33,314.88 |
|
|
|
|
|
|
|
(f) |
Net Amount to be Assessed |
$ 211,408.99 |
$ 653,359.40 |
$ 864,768.39 |
|
|
|
|
|
|
The proposed expenditure of Street Lighting and Landscape Assessment District funds recommended for Fiscal Year 2024-25 is $1,853,326.00 as shown on “Table 2 Revised, Estimate of Cost” in the Engineer’s Report as amended.
On May 20, 2024, the City Council adopted Resolution 2024-062. That resolution (1) preliminarily approved the Engineer’s Report; (2) declared the intention to levy and collect assessments for Fiscal Year 2024-25; (3) transferred $1,030,940.86 from the General Fund; and (4) set a date for a public hearing for June 17, 2024, and directed the City Clerk to publish a notice of the public hearing pursuant to Streets and Highway Code Section 22626(b) and Government Code Section 6061.
In conformance with Resolution 2024-062 and the Landscaping and Lighting Act of 1972, the City Clerk published a notice of a Public Hearing for June 17, 2024 as directed by City Council. All written protests, if any, must be received and delivered to the City Clerk via email at CityClerk@sanpabloca.gov. Prior to the conclusion of the Public Hearing, any interested person may speak on the proposed maintenance program, the budget, or the proposed assessments. During the course, or upon conclusion, of the hearing, the Council may order changes to any of the matters provided in the report with the exception that individual assessments may not be increased without notice. The City Council may continue the hearing subject to approval of the County Auditor. In order to levy and collect assessments for Fiscal Year 2024-25, however, the City Council must adopt the attached resolution confirming the Diagram and Assessments prior to August 10, 2024. The resolution approves the Engineer’s Report, as amended.
FISCAL IMPACT
The proposed expenditure of Street Lighting and Landscape Assessment District funds recommended for Fiscal Year 2024-25 is $1,853,326. The total assessment district revenues are projected to be $864,768. The total Street Lighting and Landscaping Assessment District expenditure budget approved for Fiscal Year 2024-25 exceeds the projected Assessment District revenues and will require a subsidy of approximately $1,030,941 from the General Fund to meet this shortfall.
ATTACHMENTS
Att A - Resolution
Att B - FY2024-25 Assessment Roll
Att C - Engineer’s Report Amendment No.1
Att D - Proof of Publication