CITY OF FAIRFIELD
RESOLUTION NO. 2025-83
GRANTING PRELIMINARY APPROVAL OF THE FISCAL YEAR 2025-2026 ENGINEER’S REPORT,
DECLARING INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, AND PROVIDING NOTICE OF A PUBLIC HEARING FOR LANDSCAPING MAINTENANCE DISTRICT NO. 6 – PEPPERTREE
WHEREAS, on June 4, 1991, this City C ouncil adopted Resolution No. 91 -136, A Continuing Resolution Directing Preparation of Annual Report for Maintenance Assessment Districts; and
WHEREAS, the f iscal year (FY) 2022-2023 assessment revenue for Landscaping Maintenance District No. 6 – Peppertree (LMD No. 6 or District) was insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2021-2022; and
WHEREAS, on August 16, 2022, the council issued a General Fund loan of $28,000 to LMD No. 6 to supplement assessment revenue and minimize the disruption of services through FY 2022 - 2023 while the City conducted a balloting process in accordance with Article XIII D of the California Constitution (Article XIII D), also known as Proposition 218 , to propose to property owners the formation of LMD No. 2023-6 (Peppertree), a new maintenance district with higher assessments that would adequately fund the services; and
WHEREAS, the loan was issued at 0% interest with a five-year repayment term commencing in FY 2023-2024 and concluding at the end of FY 2027-2028; and
WHEREAS, on June 7, 2023 , based upon the tabulation of the assessment ballots, the council determined that a majority protest, as defined in Section 537 53 of the Government Code, was filed by the property owners in the proposed LMD No. 2023-6 (Peppertree); and
WHEREAS, in accordance with Section 22593 of the Streets and Highways Code, the council abandoned formation proceedings; and
WHEREAS, all landscaping maintenance services in the Peppertree community will continue to be funded by assessments levied under the existing LMD No. 6.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. Pursuant to said resolution, the engineer designated therein prepared a report in accordance with Section 22565 et seq. of the California Streets and Highways Code for the District. Said report, on file in the office of the city clerk, as supplemented by t he supplemental report for FY 2025-2026, ordered by the council and on file in the office of the city clerk, has been duly considered by this council and is hereby deemed sufficient and given preliminary approval.
RES. NO. 2025-83
Said report, as supplemented, shall constitute the engineer’s report for FY 2025-2026 (Engineer’s Report).
Section 2. It is the intention of this council to levy and collect assessments within the District for FY 2025-2026. In addition to the improvements, t he assessments levied in fiscal year 2025- 2026 will be applied to the third of five annual loan repayments of $5,600. The improvements to be financed by the District are located in the street rights-of-way and perimeter areas within the boundaries of the District and may be briefly described landscaping, which may include turf, ground cover, trees, shrubs, plants, open space, weed abatement, ornamental lighting structures, irrigation, and drainage systems, trails, wetlands, parks, and appurtenant facilities.
The substantial changes to be made from the previous fiscal year may include the deferral, elimination, or decrease in the frequency of certain landscaping services and irrigation practices.
Section 3. Said District consists of the lots and parcels shown on the boundary map of the District on file with the city clerk in the City of Fairfield.
Section 4. The FY 2025-2026 assessment for the District is proposed to remain at the FY 2024-2025 rate of $60 per residential unit. The assessment is the maximum rate allowable by the district’s adopted assessment range established in 1996.
Section 5. Reference is hereby made to the Engineer’s Report, on file with the city clerk, for a full and detailed description of the improvements, the boundaries of the District , and the proposed assessments upon assessable lots and parcels of land within the District. Any public property owned by any public agency or in use in the performance of a public function within the District may be assessed.
Section 6. This council hereby orders that a public hearing shall be held before this council in the regular meeting place thereof at the Council Chamber, Civic Center, 1000 Webster Street, Fairfield, California, or in any other manner as specified on the regular meeting agenda, as follows:
The public hearing shall be held on July 1, 2025, at the hour of 6:00 p.m., or as soon as possible thereafter, for the purposes of this council’s determination whether the public interest, convenience, and necessity require that the proposed levy be made, and this council’s final action upon the Engineer’s Report and the assessment therein. The agenda will be available on the City’s website, www.fairfield.ca.gov, at least 72 hours prior to the meeting.
Section 7. The city clerk shall cause notice of the hearing to be given by publishing a copy of this resolution once in the Daily Republic, a newspaper published and circulated in the city , at least ten days prior to the date of the public hearing specified in this resolution.
RES. NO. 2025-83
PASSED AND ADOPTED this 3rd day of June 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
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MAYOR
ATTEST:
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CITY CLERK