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Resolution No 2025-42 & 43

Visalia City Council
June 16, 2025

Document
Resolution No 2025-42 & 43
Meeting
June 16, 2025
Body
Visalia City Council
Original file
3.3 MB
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. 2025-42

RESOLUTION FOR AMENDMENT
TO ASSESSMENT DISTRICT NO. 23-01
Shepherds Ranch
(Pursuant to Landscape and Lighting Act of 1972)
WHEREAS, the City Council of the City of Visalia, during a meeting held on June 16th, 2025, at 7:00 p.m. in the Visalia City Council Chambers, located at 707 West Acequia Avenue, reviewed and approved the Amendment of the improvements being maintained within Landscape and Lighting District No. 23-01; and WHEREAS, the Amendment to Landscape and Lighting District No. 23-01 will specifically include Phase 2 of the Shepherds Ranch subdivision, which includes additional maintenance for local street pavement, block walls, street trees, street lighting, and landscaping and related pocket park amenities, and temporary storm basin maintenance; and WHEREAS, an Engineer’s Report amending Landscape and Lighting District No. 23-01 has been prepared and determined that the changes will decrease the assessment.

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

It is the intent of the Visalia City Council to levy and collect assessments within Landscape and Lighting District No. 23-01.

District No. 23-01 is located on the west side of Shirk Street between Pershing Court and West Hurley Avenue.

The Amendment will include Shepherds Ranch 2 Subdivision.

In addition to the improvement modifications, the City Council is approving the Amendment pursuant to the Landscaping & Lighting Act of 1972, (Section 22500 and following, Streets & Highways Code) of additional territory into Landscape and Lighting District No. 23-01.

The Amendment adds 40 acres into Landscape and Lighting District No. 23-01, consisting of 200 single-family lots, with 10 of such lots being the temporary basin which will be owned and maintained by the HOA and not subject to any taxes as common area so long as they are owned by the HOA, so there will only be 190 single family lots added. Improvements include 105 street trees, 200 landscape trees, 107,892 square feet of landscape area, 41 streetlight, 3090 linear feet of block wall, 390,847 square feet of local street pavement area, and other applicable equipment and improvements to be maintained as referenced in the Engineer’s Report.

The City Engineer has updated the engineer’s report for Landscape and Lighting District No. 23-01, a copy is on file with the City Clerk, and it shows a full and detailed description of the improvements with the modifications described above, the boundaries of the assessment district as modified, and the proposed assessments upon the assessable lots and parcels of land within the district. With these modifications and changes, the per lot assessment will decrease from $1,957.65 per lot to $1,378.57 per lot or $1,479.53 per lot if the temporary storm drainage basin is not maintained by the Shepherds Ranch Homeowners Association (“HOA”) and the district is required to maintain the basin. The basin maintenance costs will not be charged if the HOA maintains the temporary basin and will be removed when the temporary basin is removed and replaced. These fees can also be reduced if the temporary basin is removed and the 10 lots are required to be annexed into the District, to which the 10 lots will be assessed the current lot assessment at the time.

The amended district shall continue with the designation “Assessment District No. 23-01, City of Visalia, Tulare County, California” and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 23-01, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Shepherds Ranch.” PASSED AND ADOPTED: June 16, 2025 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 2025-42 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 16, 2025.

Dated: June 16, 2025 LESLIE B. CAVIGLIA, CITY CLERK By Reyna Rivera, Chief Deputy City Clerk
CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 23-01
Shepherds Ranch
(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. 23-01, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on June 16, 2025 by its Resolution No. 2025-43.

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 Reyna Rivera, Chief Deputy City Clerk
RESOLUTION NO. 2025-43

RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 23-01
Shepherds Ranch
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

The City Council adopted its Resolution for Amendment to Assessment District No. 23-01, City of Visalia, Tulare County, California, and directed the filing of the Engineer’s Report on the proposed amendment.

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

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 2025-26.

The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Resolution for Amendment
b. Clerk’s Certification to County Auditor
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: June 16, 2025 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 2025-43 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 16, 2025.

Dated: June 16, 2025 LESLIE B. CAVIGLIA, CITY CLERK By Reyna Rivera, Chief Deputy City Clerk
General Description
This Assessment District (23-01, Shepherds Ranch) is located on the west side of Shirk Street between Pershing Court and West Hurley Avenue. Exhibit “A” is a map of Assessment District 23-01. This District includes maintenance of shrub area, irrigation systems, street trees, landscape trees, block walls, streetlights, pavement on local streets, temporary storm basin maintenance as needed, and any other applicable equipment or improvements. The maintenance of irrigation systems and block walls include, but not limited to, maintaining the structural and operational integrity of these features and repairing and acts of vandalism (graffiti, theft or damage) that may occur. This District includes the preventative maintenance of all internal local City 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 241 however 10 of the lots will contain the temporary basin that will not be subject to assessment during the period they are owned by the HOA, so there are effectively 231 lots within the District.

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 block wall provides security, aesthetics, and sound suppression. The maintenance of any landscape areas, streetlighting, street pavement, and block walls is vital for the protection of both economic and humanistic values of the development, including the maintenance of the temporary storm basin required to serve the development. In order to preserve the values incorporated within developments and to concurrently have an adequate funding source for the maintenance of public improvements within the subdivision, the City Council has determined that landscape areas, streetlights, block walls, street trees, temporary storm basins, 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, including lots not adjacent to landscape areas, block walls, the temporary storm basin, and street lights. The lots not adjacent to landscape areas, block walls, the temporary storm basin, and street lights benefit by the uniform maintenance and overall appearance of the District. All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.

It is noted that the temporary storm basin is being included in the calculations but as noted the costs for maintaining this area will not be charged unless the homeowners association made up of the owners of the residential lots in the subdivision fails to maintain the temporary storm basin and the District is required to maintain this area. The costs to maintain the basin will not be charged if the homeowners association conducts the maintenance. In addition, if the temporary storm drain basin is replaced by a permanent basin and the lots are developed into residential homes, then this amount will be permanently removed. The unit cost for basin maintenance shall increase as costs increase for the annual maintenance. This increase is to allow the costs to be assessed, if needed, at the current unit cost.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any landscaping, street trees, a temporary storm basin, landscape trees, street lights, block walls, 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 “Shepherds Ranch” 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 = ($318,448.83) (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 $347,109.23 [a 9% increase over the base year assessment of $318,448.83]. The ceiling on the assessment increase for year four would be $368,644.33 [ceiling ($318,448.83) (1.05) (4-1)]. The assessment would be set at $347,109.23 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 $359,847.18 [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 $368,644.33 [ceiling = ($318,448.83) (1.05) (4-1)]. The assessment would be set at $359,847.18 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 $347,109.23 [a 9% increase over the base year assessment $318,448.83] and damage occurred to the masonry wall raising the year five assessment to $423,473.26 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $381,820.15 , a 10% increase over the previous year and under the ceiling of $387,076.54 [ceiling = ($318,448.83) (1.05) (5-1)]. The difference of $41,653.11 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.

Christopher Crawford Date
City Engineer
Exhibit “A”
Assessment Diagram
Landscape & Lighting Assessment District No. 23-01
Shepherds Ranch
Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 23-01
Shepherds Ranch
Exhibit “C”
Engineer’s Report
Landscape & Lighting Assessment District 23-01
Shepherds Ranch
Fiscal Year 2025-26
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 23-01
Shepherds Ranch
Fiscal Year 2025-26

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