3 Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2015/2016 for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Approving the Engineer’s Report, Delcaring the City’s Intention to Levy Annual Assessments for the District, and Appointing a Time and Place for a Public Hearing.

MEETING DATE: June 02, 2015

AGENDA ITEM #3

Note from TheGardeningSnail. Parts of this page may have been created by running a PDF Image file through a program that converts Image to Text. My apologies for any Textual Gremlins that may have crept in. I may also have broken up some of the longer paragraphs to make reading easier.

STAFF REPORT

AGENDA ITEM: Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2015/2016 for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments for the District, and Appointing a Time and Place for a Public Hearing.

MEETING DATE: June 2, 2015

PREPARED BY: Willdan Financial Services

REVIEWED BY: Odi Ortiz, Interim City Manager

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RECOMMENDATION:

Approve Resolution No. 2015- , Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2015/2016 for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments for the District, and Appointing a Time and Place for a Public Hearing

BACKGROUND:

The City of Livingston annually levies and collects special assessments in the Citywide Consolidated Landscape Maintenance Assessment District No. 1 (the District) to offset the cost of providing the maintenance of landscape improvements within specific areas of the City. There are currently twenty-six Benefit Zones (the "Zones") within the District as follows:

Almond Glen Country Glen Country Roads Harvest Manor Vinewood Estates Vintage West North Residential South Residential Central Residential North Commercial

Downtown Commercial South Commercial

Monte Cristo Estates

Vinewood Estates II (Briarwood) Monte Cristo Estates II

Kensington Park South (Vineyard Estates) Bridgeport Village

Davante Villas

Country Lane I (Liberty Square) Country Lane II (Country Lane, Kishi) Parkside-Forecast

Sundance IV (Country Villas IV) Strawberry Fields

La Tierra (Rancho Estrada) Somerset (Sun Valley Estates)

Sundance (Country Villas 1, 2, and 3)

DISCUSSION:

This resolution initiates proceedings for the annual levy of annual assessments, declares the City’s intention to levy annual assessments, and preliminarily approves the Engineer’s Report for the District and Zones.

Since no cost of living adjustments are allowed in the twelve (12) original Zones, the proposed FY 2015/2016 assessments in these Zones will remain unchanged from the previous year’s assessment rates. The assessments within the Zones known as Bridgeport Village, Country Lane I (Liberty Square), Country Lane II (Country Lane, Kishi), Sundance (Country Villas 1, 2, and 3), Davante Villas, Kensington Park South (Vineyard Estates), La Tierra (Rancho Estrada), Parkside-Forecast, Monte Cristo, Monte Cristo II (Briarwood), Strawberry Fields, Somerset (Sun Valley Estates), Sundance IV (Country Villas IV, Dunmore Homes), and Vinewood Estates II (Briarwood) were approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution.

For these Zones, the City Council in subsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for the previous fiscal year, increased based upon the Consumer Price Index, All Urban Consumers, for the San Francisco­ Oakland-San Jose Area ("CPI"), without conducting another mailed ballot election. The fiscal year 2015/2016 assessment rates within these Zones are proposed to be increased over last year’s rates by 2.8414%, which is the percentage increase in the Consumer’s Price Index, All Urban Consumers, for the San Francisco-Oakland-San Jose Area Annual 2014 calculated from Annual 2013.

Pursuant to Proposition 218, The Right to Vote on Taxes Act, new or increased assessments must be approved by a vote of the owners of the property to be assessed. Since the assessment rates are not to be increased by any amount other than the approved CPI, there will be no need for a vote.

Following actions will include a public hearing to be set for the 7th day of July, 2015. At that time, the Council will be asked to adopt a resolution confirming assessments and authorizing staff to place the assessments on the annual tax rolls.

FISCAL IMPACT:

None to City; costs are borne by property owners within the referenced zones.

ATTACHMENTS:

1. Resolution 2015-

2. Engineer’s Report and Budget (provided to Council under separate cover)

RESOLUTION NO. 2015-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON INITIATING PROCEEDINGS AND ORDERING THE PRELIMINARY ENGINEER’S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2015/2016 FOR THE CITYWIDE CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, APPROVING THE ENGINEER’S REPORT, DECLARING THE CITY’S INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE DISTRICT, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING

WHEREAS, the City Council of the City of Livingston, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being division 15 of the Streets and Highways Code of the State of California (the "Act"), desires to initiate proceedings for the City of Livingston’s Citywide Consolidated Landscape Maintenance Assessment District No. 1 (the "District") and Benefit Zones (the "Zones") and for the levy and collection of assessments within the District and Zones for the fiscal year 2015/2016, for the purposes provided thereof in the Act; and

WHEREAS, the public interest and convenience require the City to initiate proceedings for the levy of annual assessments within the District and Zones for the fiscal year 2015/2016, for the purposes provided thereof in the Act; and

WHEREAS, Section 22622 of the Act requires the City to adopt a resolution generally describing any proposed new improvements or any substantial changes in the existing improvements and ordering the Engineer to prepare and file a report in accordance with Article 4 of the Act.

WHEREAS, as a condition of original approvals for development within the City of Livingston (hereinafter referred to as the "City"), the City has required that developers install landscape improvements adjacent to their Projects, and that the landscaping and related improvements be installed to a standard acceptable to the City, and that developers provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and improvements thereto; and

WHEREAS, the City has installed landscaping in the form of parks, located throughout the City in addition to developer installed landscaping; and

WHEREAS, the improvements to be installed, constructed or maintained within the District and Zones may include installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof; and

WHEREAS, the responsibility is now on the individual property owners within the City to provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and improvements thereto; and

Resolution No. —-

June 2, 2015

Page 2

WHEREAS, the current assessment rate for the original twelve Zones in addition to an increase in assessments for the fourteen new Zones by the approved CPI rate provides funding to maintain the current facilities; and

WHEREAS, in order to maintain the facilities at a standard acceptable to the City the assessments within the District and Zones will need to be levied for fiscal year 2015/2016; and

WHEREAS, Proposition 218, the Right to Vote On Taxes Act does hereby require that if the assessment rate is to be increased above an approved CPI rate, a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the District and Zones, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and

WHEREAS, all assessments subject to annual rate increases, such annual rate increases were previously approved through a successful balloting of the property owners; and

WHEREAS, notices and Assessment Ballots are not required if assessments are not increased; and

WHEREAS, Willdan Financial Services has referenced the diagrams and 2015/2016 Assessment Roll referred to as Appendix "A" and Appendix "B" incorporated herein by reference and included in the Engineer’s Report (the "Report") under Appendix "A" and Appendix "B" showing the District and Zones boundaries which are benefited by the improvements and the amount to be assessed against each of the parcels within the District and Zones; and

WHEREAS, the Engineer’s Report, diagram and assessments have been filed with the City Clerk and are open to public inspection, and may be referred to for all details regarding the improvements, the boundary of the District and Zones, the assessments, total costs, and description of the parcels to be assessed; and

WHEREAS, this City Council has examined and considered the, Engineer’s Report, diagram, assessments, and the proceedings prior thereto.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council for the City of Livingston Consolidated Landscape Maintenance Assessment District No. 1, as follows:

Section 1. That the above recitals are true and correct.

Section 2. That the City hereby proposes an annual levy of assessments for The Consolidated Landscape Maintenance Assessment District No. 1, including the following Zones:

Resolution No. —-

June 2, 2015

Page 3

Almond Glen Country Glen Country Roads Harvest Manor Vinewood Estates Vintage West North Residential South Residential Central Residential North Commercial

Downtown Commercial South Commercial

Monte Cristo Estates

Vinewood Estates II (Briarwood) Monte Cristo Estates II

Kensington Park South (Vineyard Estates) Bridgeport Village

Davante Villas

Country Lane I (Liberty Square) Country Lane II (Country Lane, Kishi) Parkside-Forecast

Sundance IV (Country Villas IV) Strawberry Fields

La Tierra (Rancho Estrada) Somerset (Sun Valley Estates)

Sundance (Country Villas 1, 2, and 3)

Thereon to provide for the following work:

Installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to, landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.

Section 3. The City Council hereby (1) finds that the public interests and convenience requires and (2) declares its intention to order the approval of the levy and collection of assessments against the assessable lots and parcels of land within such District and Zones for the portion of the fiscal year commencing July 1, 2015 and ending June 30, 2016 to pay the costs and expenses of the improvements described herein. For the Zones: Bridgeport Village, Country Lane I (Liberty Square), Country Lane II (Country Lane, Kishi), Somerset (Sun Valley Estates), Sundance (Country Villas 1, 2, and 3), Davante Villas, Kensington Park South (Vineyard Estates), La Tierra (Rancho Estrada), Parkside-Forecast, Monte Cristo, Monte Cristo II (Briarwood), Strawberry Fields, Sundance IV (Country Villas IV, Dunmore Homes), and Vinewood Estates II (Briarwood), the assessments proposed by this resolution were approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIIID of the California Constitution. For these Zones, in fiscal years subsequent to these approved balloted elections, the City Council may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for previous fiscal year together with an annual increase equal to the percentage increase of the Consumer Price Index (CPI) of "All Urban Consumers" for the San Francisco-Oakland-San Jose Area ("CPI"), as determined by the United States Department of Labor, or its successor without conducting another mailed ballot election. The Engineer shall compute the percentage of difference between the annual CPI for the most recent year and the CPI for the previous year and shall then adjust the existing assessment by an amount not to exceed such percentage increase for the following fiscal year.

Resolution No. —-

June 2, 2015

Page 4

Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living.

Section 4. The City Manager is directed to cause the preparation of a report in accordance with Article 4 of the Act for the District and Zones, and upon completion, to file said report with the City Clerk, who shall then submit the same to the City Council for its consideration.

Section 5. In accordance with the City Council’s order, the City’s Engineer has filed with the City Clerk the Engineer’s Report required by Article 4 if the Act and entitled "Engineer’s Report, Consolidated Landscaping Maintenance Assessment District No. 1 ("the Report")." All interested persons are referred to the Report for a full and detailed description of the improvements, the proposed annual assessments upon assessable lots and parcels of land within the District and Zones.

Section 6. The Report has been presented to the City Council and the City Council has duly considered each and every part of the Report.

Section 7. Diagrams for the District and Zones, as referenced in the Engineer’s Report, (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be benefited, and assessed for the improvements has been prepared as Appendix "A". The diagrams, assessments, and improvement plans have been filed with the City Clerk.

Section 8. The diagrams referenced in the Engineer’s Report, which indicate by a boundary line the extent of the District and Zones, is hereby declared to describe the proposed boundaries of the District and Zones and shall govern for all details as to the extent and location of said District and Zones.

Section 9. This City Council is satisfied with the correctness of the diagrams and assessment including the proceedings and all matters relating thereto.

Section 10. The public interest and convenience require and it is the intention of the City Council of the City to levy and collect additional assessments within the District and Zones for the fiscal year 2015/2016.

Section 11. The City Council hereby finds that each and every part of the Report is sufficient and the City Council hereby preliminarily approves passes on and adopts the Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention.

Section 12. The City Council does hereby reference the Report, which indicates the amount of the proposed increased assessments, the District and Zones boundary, detailed description of

Resolution No. —-

June 2, 2015

Page 5

improvements, and the method of assessment. The Report is on file in the office of the City Clerk and reference to the Report is hereby made for all particulars.

Section 13. That notice is hereby given that on the 7th day of July, 2015, at the hour of 7 p.m., or as soon thereafter as possible, in the City Council Chambers, 1416 "C" Street, in the City of Livingston, the City will hold a public hearing with reference to the District and Zones.

Section 14. The City Clerk shall certify to the adoption of this Resolution. Passed and adopted this 2nd day of June 2015, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing Resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston, this 2nd day of June 2015.

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Antonio Silva, City Clerk of the City of Livingston

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