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09
City of Pleasanton
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CITY CLERK
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090319
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8/28/2019 3:41:52 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/3/2019
DESTRUCT DATE
15Y
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BACKGROUND <br /> The Landscaping and Lighting Act of 1972 ("the Act") authorizes local agencies to <br /> impose an annual assessment on real property benefiting from improvements in order <br /> to pay for constructing and maintaining lighting and landscaping improvements. The five <br /> LMDs maintained by the City: 1984-1 (Ponderosa-Del Prado), 1993-1 (Windsor), 1993-2 <br /> (Bonde Ranch), 1994-1 (Oak Tree Farm, and 1995-1 (Moller Ranch), were formed <br /> under the authority provided by the Act. The year of formation is contained within the <br /> title of each LMD as listed above. Assessment amounts in each district have not <br /> changed in any of the districts since formation. When considering increased costs of <br /> maintenance in general, and the eventual need for capital replacement of things such <br /> as the irrigation systems or decorative fencing and lighting, every district is <br /> underfunded, with Windsor and Bonde Ranch experiencing the most difficult funding <br /> challenges. <br /> Proposition 218, commonly referred to as the "Right to Vote on Taxes Act," was passed <br /> by California voters in November 1996. The Proposition limits the authority of local <br /> governments (including cities, counties, special districts and school districts) to impose <br /> taxes and property related assessments, fees, and charges. It also establishes <br /> procedures for implementing annual assessments which include benefit assessments, <br /> special assessments, and maintenance assessments, etc. For Landscaping and <br /> Lighting Maintenance Districts, procedures include a requirement that the City develop <br /> an engineering report which identifies the special benefits that will accrue to each <br /> individual property as a result of the assessment. Further, subject to certain exceptions, <br /> it establishes that the majority of the property owners in the assessment district must <br /> vote in favor of any proposed assessment increase for it to be implemented. <br /> The City has managed the districts to this point by using more drought tolerate plants, <br /> reducing water use, and patching together irrigation systems. Capital replacements <br /> have generally been deferred. While this has allowed the districts to operate without <br /> increasing assessments, it is not sustainable. Residents within the districts have <br /> expressed concerns that maintenance of the LMD improvements are not meeting their <br /> expectations. <br /> DISCUSSION <br /> The process to increase the assessment amount for any of the districts must follow the <br /> requirements of Proposition 218. A consultant with experience following those <br /> requirements is necessary to ensure the process is correct. <br /> The initial contract with SCI was to update the Engineer's Reports for tax year 2020 to <br /> ensure the reports were compliant with all requirements of Proposition 218. That effort <br /> was achieved with the submittal and approval of the Engineer's Reports for the five <br /> LMDs in June 2019 for tax year 2020. The proposed amendment to the professional <br /> services agreement with SCI includes the preparation of the tax year 2021 Engineer's <br /> Reports and assists staff in preparing and carrying out a vote in the two LMDs with the <br /> greatest funding challenges: Windsor and Bonde Ranch. <br /> Page 2 of 3 <br />
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