Agenda Item No. August 28, 2007 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: David J. Van Kirk, City Manager Dale I. Pfeiffer, Director of Public Works RESOLUTION INITIATING PROCEEDINGS, PROVIDING INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR THE RANCHO ROGELIO LIGHTING ASSESSMENT DISTRICT, RANCHO ROGELIO OPEN SPACE ASSESSMENT DISTRICT, AND THE ANNEXATION OF PROPERTY INTO THE CHEYENNE SETBACK LANDSCAPING ASSESSMENT DISTRICT, THE CHEYENNE AREA DETENTION BASIN ASSESSMENT DISTRICT, AND THE RIDGEVIEW NEIGHBORHOOD PARK ASSESSMENT DISTRICT DISCUSSION: The Rancho Rogelio development is a 40-unit single family home subdivision located on a 21.48 acre site that is located at the southwest corner of the Browns Valley Road and Whispering Ridge intersection. The conditions of approval for the project require that they do the following: Create an Open Space Maintenance Assessment District to pay for the maintenance of the open space along the creek area that runs through the development. Create a Street Lighting Assessment District to pay for the maintenance of Street Lights on Browns Valley Road and the interior streets. Annex the subdivision into the existing Cheyenne Setback Landscaping Assessment District to pay for the maintenance of the setback and median landscaping in the greater Cheyenne area. Annex the subdivision into the existing Cheyenne Area Detention Basin Assessment District to pay for the maintenance of the detention basins on the Cheyenne and Rancho Rogelio developments. Annex the subdivision into the existing Ridgeview Neighborhood Park Assessment District to pay for the maintenance of the Ridgeview Neighborhood Park. The maximum amounts shown in the Engineer s Report for each of those categories for FY 2008/09 are as follows (per house/per year): Open Space District $336.18 Street Lighting District $ 92.08 Setback Landscaping Detention Basin $611.50 $ 36.68 Ridgeview Neighborhood Park $ 56.96 Total: $1133.40 The first step in the creation and annexation to these districts is City Council approval of the resolution of intention to levy assessments for fiscal year 2008-2009, preliminary approval of the Engineer s Report and to provide a notice of the public hearing. The second step is approving the Engineer s Report, confirming the diagram of assessment that shows all the properties that are included in the Districts, and ordering a levy of assessment of $1133.40 per parcel for the fiscal year 2007-2008 on all parcels within the boundary of the Districts. The City Council public hearing on these proposed districts is anticipated to be held on September 11, 2007. RECOMMENDATION: By simple motion, that the City Council of the City of Vacaville adopt the subject resolution and set the public hearing for September 11, 2007
RESOLUTION NO. RESOLUTION INITIATING PROCEEDINGS, PROVIDING INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR THE RANCHO ROGELIO LIGHTING ASSESSMENT DISTRICT, RANCHO ROGELIO OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT, AND ANNEXATION OF RANCHO ROGELIO PROPERTY TO THE CHEYENNE SETBACK LANDSCAPING ASSESSMENT DISTRICT, CHEYENNE AREA DETENTION BASIN DISTRICT AND RIDGEVIEW NEIGHBORHOOD PARK ASSESSMENT DISTRICT WHEREAS, the City of Vacaville provides for the maintenance and improvement of street lighting, open space, setback landscaping, detention basins, and parks through the City's Landscaping and Lighting Assessment Districts. WHEREAS, these maintenance services and improvements provide direct and special benefits to properties in the Landscaping and Lighting Assessment Districts; and WHEREAS, the formation of the Rancho Rogelio Lighting Assessment District and Rancho Rogelio Open Space Maintenance Assessment District, and annexation of property to the existing City of Vacaville Cheyenne Setback Landscaping Assessment District ( Assessment District No. 131 ), Cheyenne Area Detention Basin District ( Assessment District No. 134 ) and Ridgeview Neighborhood Park Assessment District ( Assessment District No. 32 ), was a condition of development for the property known as Rancho Rogelio (the "Property"); and WHEREAS, this proposed assessment district formations and annexations would provide direct and special benefits to the Property by providing for the maintenance and improvement of street lighting, open space, setback landscaping, detention basin, and park facilities for the Property; and WHEREAS, the procedures for the proposed formations and annexations of property provide owners of the Property with the opportunity to submit ballots for the proposed formations and annexations and assessment levies that would fund the maintenance services and improvements; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Vacaville, (the City ), County of Solano, State of California, that: 1. The Council hereby proposes the formation of landscaping and lighting assessment districts, and annexation of property into existing landscaping and lighting assessment districts, pursuant to Article XIIID of the California Constitution, and the Landscaping and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof). 2. The purpose of the landscaping and lighting assessment districts shall be for the maintenance and servicing of improvements to the City of Vacaville described in Section 3 below. 3. Within the landscaping and lighting assessment districts, the existing and proposed improvements are generally described as the servicing, operations and maintenance of turf, ground cover, shrubs, trees, irrigation systems, open space, detention basin facilities, fencing, street lights, parks, trails, walkways, entry monuments and all necessary appurtenances, as applicable, for property owned or maintained by the City of Vacaville. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health and beauty of landscaping; and cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electric current or energy for the operation or lighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements.
4. The new landscaping and lighting assessment districts proposed in this Resolution are hereby given the distinctive designation of the City of Vacaville Landscaping and Lighting Assessment District Number 142 (Rancho Rogelio Lighting Assessment District) and the City of Vacaville Landscaping and Lighting Assessment District Number 143 (Rancho Rogelio Open Space Maintenance Assessment District). 5. SCI Consulting Group is hereby designated as Engineer of Work for purposes of these proceedings and was ordered to prepare an Engineer's Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the California Constitution. 6. The Engineer's Report 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 the foregoing resolution. 7. The Assessment Districts consist of the lots and parcels shown on the parcel boundary maps and diagram attached as Exhibit A to this Resolution, and reference is hereby made to such map for further particulars. 8. Reference is hereby made to the Engineer s Report for a full and detailed description of the Improvements, the boundaries of the Assessment Districts, and the proposed assessments upon assessable lots and parcels of land within the Assessment Districts. The maximum assessment rate within the Assessment Districts may increase in future years by an amount equal to the annual change in the Bay Area Consumer Price Index, not to exceed 3% per year. In the event that the annual change in the CPI exceeds 3%, any percentage change in excess of 3% can be cumulatively reserved and can be added to the annual change in the CPI for years in which the CPI change is less than 3%. Including the authorized annual adjustment, the maximum, proposed fiscal year 2008-09 assessment rate per equivalent dwelling unit for the Rancho Rogelio Lighting Assessment District ( Assessment District #142 ) is $92.08, and for the for the Rancho Rogelio Open Space Maintenance Assessment District ( Assessment District No. 143 ) is $336.18. 9. The amounts due for improvements and expenses incidental thereto, to be paid by the annexation of the Rancho Rogelio subdivision into the City of Vacaville Cheyenne Setback Landscaping Assessment District ( Assessment District #131 ), Cheyenne Area Detention Basin District ( Assessment District #134 ) and Ridgeview Neighborhood Park Assessment District ( Assessment District #32 ) for the fiscal year 2007-08, are fully detailed in the Engineer s Report for the City of Vacaville. Reference is hereby made to said Report for further particulars regarding said annexations. The maximum fiscal year 2007-08 assessment rate per equivalent dwelling unit for the Cheyenne Setback Landscaping Assessment District is Error! Not a valid link.; for the Cheyenne Area Detention Basin District is Error! Not a valid link.and for Ridgeview Neighborhood Park Assessment District is Error! Not a valid link.. Including the authorized annual adjustment, the maximum, proposed fiscal year 2008-09 assessment rate per equivalent dwelling unit for the Cheyenne Setback Landscaping Assessment District is Error! Not a valid link.; for the Cheyenne Area Detention Basin District is Error! Not a valid link.; and for Ridgeview Neighborhood Park Assessment District is Error! Not a valid link.. 10. The public hearing for this assessment district formations and annexation shall be held, before this Council in the City Council chambers of the City of Vacaville, 650 Merchant Street, Vacaville, California, 95688 on September 11, 2007 at the hour of 7:00 o'clock p.m. for the purpose of allowing public testimony regarding the proposed formations and annexation and for the City's final action upon the proposed assessments for property(s). 11. The Clerk of the Council is hereby authorized and directed to cause Notice of the hearing ordered under Section 5 hereof to be given in accordance with law by mailing, postage prepaid, in the United States mail, and such Notice shall be deemed to have been given when so deposited in the mail. The mailed Notice shall be given to all property owners within the new assessment district and annexation by such mailing by name to those persons whose names and addresses appear on the last equalized secured property tax assessment roll of the County of Solano, or in the case of any public entity, the representative of such public entity at the address thereof known to the Clerk. The Notice shall include, but not be limited to, the total amount of assessment proposed to be levied in the Assessment Districts, the assessments proposed for the
owner's particular parcel(s) and the duration thereof, the reason for the assessments and the basis upon which the amount of the assessments was calculated. Each Notice shall also contain an assessment ballot, a summary of the procedures applicable to the completion, return and tabulation of assessment ballots, and a statement that the existence of a majority protest will result in the assessment not being imposed. Since all property owners in the proposed Assessment District have unanimously waived their right to a 45-day balloting period, the Notice herein described shall be mailed before the date of the public hearing. 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 28 th day of August, 2007 by the following vote: AYES: NOES: ABSENT: ATTEST: Michelle A. Thornbrugh, City Clerk
EXHIBIT A ASSESSMENT BOUNDARY DIAGRAM