Agenda Item No. May 27, Honorable Mayor and City Council Attention: David J. Van Kirk. Dale I. Pfeiffer, Director of Public Works

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1 Agenda Item No. May 27, 2008 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: David J. Van Kirk Dale I. Pfeiffer, Director of Public Works RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER S REPORT AND INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF THE CITY OF VACAVILLE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 DISCUSSION: The City levies special assessments in order to maintain the improvements within the City s Landscape and Lighting Maintenance Assessment District, which was established under the Landscape and Lighting Act of The City s Landscape and Lighting Maintenance Assessment District is comprised of 119 operating budgets. These budgets cover the maintenance of neighborhood parks, setback landscaping, drainage, detention basins, open space and street lighting. In order to levy the assessment amounts for the 2008/09 Fiscal Year, the City must comply with the requirements of the Landscape and Lighting Act of The first step in the process was the adoption of a resolution directing the preparation of the annual report for the City of Vacaville Landscape and Lighting Assessment District, which Council approved on March 11, The second step is granting preliminary approval of an Engineer s Report for 2008/09, which details the proposed budgets and assessment for each district. The last step is a public hearing, after which the Engineer s Report may be approved or modified by the City Council. Attached is the Engineer s Report (levy report) for the 119 landscape and lighting operating budgets within the City s Landscape and Lighting Maintenance Assessment District. The maximum allowable assessment increase for these budgets is a 3.0% cost of living adjustment as provided for in the original Engineer s Report, which is equal to the change in the San Francisco Bay Area CPI from December 2006 to December Of the 119 districts, 76 will be raised to within the maximum level provided for in the original Engineer s Report, 12 levies will be decreased due to available surplus in the account, 15 districts are remaining the same as last year, and 16 districts will not be assessed since it is anticipated that the public improvements will not be installed or accepted by the end of Fiscal Year 2008/09 or there is enough surplus revenue in the account from previous assessments. The total amount to be assessed is $2,341,428. The total General Fund contribution toward these budgets is $471,398. The resolution grants preliminary approval of this report, declares the Council s intention to proceed with the annual levy for 2008/09, and sets a notice of the public hearing for the June 10, 2008, Council meeting. At the public hearing, public comments and any protests will be accepted, in accordance with the requirements of the Landscaping and Lighting Act of RECOMMENDATION: By simple motion, that the City Council of the City of Vacaville adopt a resolution granting preliminary approval of the Engineer s Report and initiating proceedings for the annual levy of the City of Vacaville Landscape and Lighting Maintenance Assessment Districts pursuant to the Landscape and Lighting Act of 1972, and set the public hearing for June 10, 2008.

2 RESOLUTION NO. RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER S REPORT AND INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF THE CITY OF VACAVILLE S LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 RESOLVED, by the City Council (the "Council") of the City of Vacaville (the "City"), County of Solano, State of California, that: 1. The City Council of the City of Vacaville, County of Solano, California, is the governing body for the following Assessment Districts (collectively the Assessment Districts ). The proposed assessment rates for Fiscal Year 2008/09 are as follows: 2008/09 Proposed 01 Patwin Neighborhood Park $ Vaca Valley Ind. Setback Landscaping $ Vaca Valley Bus. Pk. Setback Landscaping $ Nelson Neighborhood Park $ Willows Neighborhood Park $ Alamo Creek Neighborhood Park $ Fairmont Beelard Neighborhood Park $ Padan Neighborhood Park $ Cambridge Neighborhood Park $ Trower Neighborhood Park $ North Orchard Neighborhood Park $ Andrews Neighborhood Park $ Ridgeview Setback Landscaping $ Browns Valley Setback Landscaping $ Gentry Meadowlands Setback Landscaping $ Country Village Setback Landscaping $ Prairie Rose Setback Landscaping $ Stonegate Setback Landscaping $ Regency Setback Landscaping $ Hawkins Neighborhood Park $ Gentry Meadowlands Neighborhood Park $ Orange Drive Setback Landscaping $ Regency-Stonegate Detention Basin $ Vaca Valley Bus. Pk. Drainage District $ Vaca Valley Ind. Drainage District $ Auto Mall Setback Landscaping $ Interchange Setback Landscaping $ Royal Cathy Setback Landscaping $ Community Center Setback Landscaping $ Southwood Neighborhood Park $ Ridgeview Neighborhood Park $ Regency Neighborhood Park $ Stonegate Neighborhood Park $ Prairie Rose Detention Basin $20.38

3 2008/09 Proposed 38 Downtown Setback Landscaping $ Browns Valley Neighborhood Park $ Spring Lane Setback Landscaping $ Burton Estates Setback Landscaping $ Arlington Park Community Park $ Fairmont Beelard Setback Landscaping $ Vacaville Bus. Prk. Setback Landscaping $ Pheasant Country Neighborhood Park $ Southwood Setback Landscaping $ Vacaville Bus. Prk. Drainage District $ Interchange Drainage District $ Cambridge Setback Landscaping $ Allison Ulatis Setback Landscaping $ Auto Mall Lighting District $ Interchange Lighting District $ Vacaville Bus. Prk. Lighting District $ Royal Cathay Lighting District $ Cannon Station Setback Landscaping $ Cannon Station Neighborhood Park Nelson Setback Landscaping $ Basic Property Setback Landscaping $ Allison Ulatis Lighting District $ Vaca Valley Bus. Park Setback Landscaping $ Vaca Valley Bus. Park Detention Basin $ Vaca Valley Bus. Park Lighting District $ Petco/I80 Setback Landscaping $ Crestgate Cove Setback Landscaping $ Cooper Station Buffer Setback Landscaping $ Normandy Meadows Neighborhood Park $ Granada Lane Setback Landscaping $ Orange Drive Median Landscaping $ Orange Drive Lighting District $ Countrywood Setback Landscaping $ SW Leisure Town Neighborhood Park $ Skyview Setback Landscaping $ Community Center Neighborhood Park $ Laurel Woods Setback Landscaping $ Laurel Woods Neighborhood Park $ Laurel Woods Detention Basin $ North Village Setback Landscaping $ North Village Neighborhood Park $ North Village Open Space $ Vaca Valley Bus PK II-B Setback Landscaping $ Vaca Valley Bus PK II-B Lighting District $ Middle Horse Creek DR $ Costco Lighting District $141.30

4 2008/09 Proposed 97 Hampton Park Lighting District $ Costco Setback Landscaping $ Quinn Rd Lighting District $ North Village Detention Basin $ North Village Lighting District $ Alamo Place Lighting District $ Alamo Place Drainage District $ Majestic Oak Setback Landscaping $ Majestic Oak Lighting District $ Majestic Oak Drainage District $ Villages on Vine Setback Landscaping $ Villages on Vine Lighting District $ Villagio Setback Landscaping $ Villagio Lighting District $ Nob Hill Lighting District $ Portifino Setback Landscaping $ Nob Hill Open Space $ Amber Ridge Setback Landscaping $ Portifino Lighting District $ Maplewood Lighting District $ Meadowood Setback Landscaping $ Meadowood Lighting District $ Maplewood Drainage District $ Sterling Chateau #2 Lighting District $ Southtown Setback Landscaping $ Southtown Detention Basin $ Southtown Lighting District $ Southtown Neighborhood Park $ Cheyenne Setback Landscaping $ Cheyenne Open Space $ Cheyenne Lighting District $ Cheyenne Detention Basin $ Vine Meadows Lighting District $ Vine Meadows Drainage District $ Ventana Setback Landscaping $ Stratton Estates Open Space $ Ivywood Open Space $ Maplewood Setback Landscaping $ Sterling Chateau #3 Lighting District $ The authorized maximum assessment rates for the Assessment Districts includes an annual adjustment by an amount equal to the annual change in the San Francisco Bay Area Consumer Price Index, not to exceed 3.0% per year. The authorized annual adjustment for Fiscal Year 2008/09 is 3.0%, as the amount of the annual increase in the San Francisco Bay Area CPI from December 2006 to December 2007 is 3.845%.

5 3. The Engineer's Report for the assessment districts has been made, filed with the City Clerk and duly considered by the Council and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to this resolution, Section 22565, et. seq., of the California Streets and Highways Code and Article XIIID of the California Constitution. 4. It is the intention of this Council to levy and collect assessments within the assessment districts for Fiscal Year 2008/09. Within the assessment districts, the existing and proposed improvements are generally described as follows: The improvements to be undertaken by the assessment districts are described as installation, maintenance and servicing of public facilities, including but not limited to, turf, ground cover, shrubs, and trees, irrigation systems, drainage systems, lighting, fencing, parks, entry monuments and all necessary appurtenances. Services provided include all necessary service, operations and maintenance of the above mentioned improvements, as applicable, for any property owned or maintained by the City of Vacaville. 5. The assessment districts consist of the lots and parcels shown on the boundary maps of the assessment districts on file with the City Clerk of the City of Vacaville, and reference is hereby made to such maps for further particulars. 6. Reference is hereby made to the Report for a full and detailed description of the improvements, the estimated cost of the improvements and the proposed assessments upon assessable lots and parcels of land within the assessment districts. 7. This Council hereby orders that a public hearing shall be held before this Council in the City Council Chambers of the City of Vacaville, 650 Merchant Street, Vacaville, California, on Tuesday, June 10, 2008, at the hour of 7 PM for the purpose of allowing public testimony regarding the proposed assessments and for the City's final action upon the Engineer's Report and assessments therein. 8. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by such owner. 9. The City Clerk shall cause a notice of the hearing to be given by publishing a notice of hearing at least ten (10) days prior to the date of the hearing above specified, in a newspaper circulated in the City of Vacaville. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 27 th day of May 2008, by the following vote: AYES: NOES: ABSENT: ATTEST: Michelle Thornbrugh, City Clerk