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Resolution for Landscape and Lighting District

Visalia City Council
April 4, 2022

Document
Resolution for Landscape and Lighting District
Meeting
April 4, 2022
Body
Visalia City Council
Original file
591 KB
Text extracted from the city's file for reading and search. Open the original on visalia.legistar1.com. That file is the official record.

RESOLUTION NO. 2022-XX

RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 22-04
Quintana De Oro
(Pursuant to Landscape and Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council proposes to form an assessment district pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:

Maintenance of local streets, streetlights, landscaping, block wall, and any other applicable equipment or improvements.

2. The proposed district shall be designated “Assessment District No. 22-04, City of Visalia, Tulare County, California,” and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 22-04, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Quintana De Oro.”

3. The City Engineer of the City of Visalia is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972.

4. The owner “Daley Enterprises Inc., A California Corporation” hereafter referred to as “Daley Homes”.

PASSED AND ADOPTED: April 4, 2022 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-XX passed and adopted by the Council of the City of Visalia at a regular meeting held on April 4, 2022.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 22-04
Quintana De Oro Subdivision
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:

I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 22-04, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on April 4, 2022, by its Resolution No. 2022-XX.

This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
RESOLUTION NO. 2022-XX

RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 22-04
Quintana De Oro
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 22-04, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.

The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.

The owners of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.

The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.

The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2022-23.

The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:

Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
PASSED AND ADOPTED: April 4, 2022 LESLIE B. CAVIGLIA, CITY CLERK STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-XX passed and adopted by the Council of the City of Visalia at a regular meeting held on April 4, 2022.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
General Description
This Assessment District (22-04, Quintana De Oro) is located at 2545 N. Linwood Street Exhibit “A” is a map of Assessment District 22-04. This District includes maintenance of street trees, streetlights, block wall, pavement on local streets, and other applicable equipment or improvements. This District includes the preventive maintenance of all internal local streets by means including, but not limited to overlays, cape seals, crack seals, and reclamite (oiling). The total number of lots within the district is 14 lots.

Determination of Benefit
The purpose of landscaping is to provide an aesthetic impression for the area. The lighting is to provide safety and visual impressions for the area. The maintenance of any landscape areas, streetlights, and streets is vital for the protection of both economic and humanistic values of the development. In order to preserve the values incorporated within developments and to concurrently have an adequate funding source for the maintenance of all internal local streets within the subdivision, the City Council has determined that streetlights, street trees, and all internal local streets should be included in a maintenance district to ensure satisfactory levels of maintenance.

Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally by the uniform maintenance and overall appearance of the District.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain streetlights, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following schedule: Reclamite on a 5-year cycle, Crack Seal on a 7-year cycle; Cape Seal on a 15-year cycle and Overlays on a 20 year cycle.

The quantities, estimated costs, and per lot assessment in the “Quintana De Oro” landscape and lighting district are as follows:

Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($9,201.40) (1.05) (n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed; However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.

Example 1) The year four estimated costs are $10,029.53 [a 9% increase over the base year assessment of $9,201.40]. The ceiling on the assessment increase for year four would be $10,651.77 [ceiling = ($9,201.40) (1.05) (4-1)]. The assessment would be set at $10,029.53 or the actual cost of providing the maintenance effort.

Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $10,397.58 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $10,651.77 [ceiling = ($9,201.40) (1.05) (4-1)]. The assessment would be set at $10,397.58 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.

Example 3) The year four assessment is $10,029.53 [a 9% increase over the base year assessment $9,201.40] and damage occurred to the masonry wall raising the year five assessment to $12,236.02 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $11,032.48, a 10% increase over the previous year and under the ceiling of $11,184.36 [ceiling = ($9,201.40) (1.05) (5-1)]. The difference of $1,203.54 will be recognized as a deficit and carried over into future years’ assessment.

City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.

Frank Senteno Date
City Engineer
Exhibit “A”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 22-04
Quintana De Oro
Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 21-06
Quintana De Oro
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 22-04
Quintana De Oro
Fiscal Year 2022-23
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 22-04
Quintana De Oro
Fiscal Year 2022-23

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