CITY OF ATWATER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Council of the City of Atwater on Monday, July 14, 2025 at 6:00 PM, or as soon thereafter as may be heard, in the Council Chambers, 750 Bellevue Road, Atwater, California, pursuant to the following: RESOLUTION NO. 3545-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATWATER DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR VARIOUS ASSESSMENT MAINTENANCE DISTRICTS FOR FISCAL YEAR 2025-26, PRELIMINARILY APPROVING THE ENGINEER'S REPORTS AND SETTING A PUBLIC HEARING DATE WHEREAS, the City of Atwater currently operates various maintenance assessment districts within its jurisdiction; and WHEREAS, the City Council of the City of Atwater, 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 "1972 Act") and the Benefit Assessment Act of 1982, Chapter 6.4, Article 4, Section 54703 et seq of the Government Code of the State of California (the "1982 Act") desires to initiate proceedings for the City of Atwater's Landscape Maintenance Districts and Lighting and Drainage Maintenance Districts (hereafter referred to as the "Districts" or "Assessment Districts") for the levy and collection of assessments within the Districts for the Fiscal Year 2025-26; and WHEREAS, the Districts provide for the ongoing care, operations and maintenance of storm drainage facilities, street lighting, landscaping and other public improvements through assessments paid by property owners who are direct beneficiaries of the specific services provided, pursuant to the 1972 Act and 1982 Act (collectively referred to as "the Acts"); and WHEREAS, pursuant to the 1972 Act, each year, prior to setting and collecting the annual levy for the various assessment districts, the City is required by law to prepare and file a report, declare its intent and hold a public hearing; and WHEREAS, pursuant to the 1982 Act, prior to setting and collecting the annual levy for the various assessment districts, the City is required by law to publish a Notice of Public Hearing for such action, file a written report (hereinafter referred to as a "Report"), and hold a public hearing; and WHEREAS, the Engineer of Work (the "Assessment Engineer") has prepared and filed with the City Clerk of the City of Atwater such Reports as called for in said Resolution and pursuant to the Acts, entitled "City of Atwater, Consolidated Engineer's Report, Lighting and Drainage Maintenance Districts" and "City of Atwater, Consolidated Engineer's Report, Landscape Maintenance Districts" pertaining to the annual levy of assessments for the Districts (each hereinafter referred to as an "Engineer's Report"); and WHEREAS, the public interest requires the City to initiate proceedings for the levy of annual assessments within the Districts for the Fiscal Year 2025-26; and WHEREAS, in order to fund the maintenance, servicing and operation of each District's authorized improvements and facilities at a standard acceptable to the City, assessments will be required to be levied for Fiscal Year 2025-26; and WHEREAS, Proposition 218, the "Right to Vote On Taxes Act" requires that if an assessment rate is to be increased above a previously approved annual rate, a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the District, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the maximum assessments for Fiscal Year 2025-26 are not proposed to be increased above the previously approved rates; and WHEREAS, the mailing of Assessment Ballots or notices is not required since the assessments are not to be increased above the previously approved maximum assessment rates, including any increases due to approved annual rate increases; and WHEREAS, the Engineer's Reports provide descriptions of the improvements, diagrams showing the boundary of each District that is benefited and the 2025-26 maximum assessment rates for each District, together with the 2025-26 Preliminary Assessment Roll showing the amounts proposed to be assessed by each District against each of the District parcels; and WHEREAS, this City Council has duly considered the Engineer's Reports as presented, and is preliminarily satisfied with each District and the budget items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within each District, as set forth in said Engineer's Reports; and WHEREAS, the Engineer's Reports, diagrams and proposed assessments of the Districts have been filed with the City Clerk, are open to public inspection, and may be referred to for all details regarding the improvements, the boundaries of the each District, the maximum and proposed assessments, total costs, and description of the parcels to be assessed for each. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby resolve, order, and determine as follows: Section 1: That the above recitals are true and correct. Section 2: The intention to levy and collect assessments is hereby declared within the Lighting and Drainage Maintenance Districts and Landscape Maintenance Districts listed below for the Fiscal Year commencing July 1, 2025 and ending June 30, 2026, to pay the costs and expenses of the improvements as described in the Engineer's Reports: Lighting and Drainage Maintenance Districts: Northwood Village; Orchard Park; Wildwood Estates; Woodview Garland; Shaffer Lakes West; Woodhaven; Sierra Park 2; Shaffer Lakes East; Price Annexation; Sandlewood Square; Pajaro Dunes; Redwood Estates; Cottage Gardens; Airport Business Park; Silva Ranch; Mello Ranch 1; Mello Ranch 2; Camellia Estates; Juniper Meadows; Camellia Meadows; Stone Creek; America West Business Park; Bell Crossing; Atwater South; Beluga Court; Meadow View Estates; Aspenwood; Applegate Ranch; The Reserve; Juniper Meadows II and Simon. Landscape Maintenance Districts: Price Annexation; Sandlewood Square; Pajaro Dunes; Redwood Estates; Cottage Gardens; Silva Ranch; Mello Ranch 1; Mello Ranch 2; Juniper Meadows; Camellia Meadows; Stone Creek; America West Business Park; Bell Crossing; Atwater South; Meadow View Estates; Aspenwood; Applegate Ranch, the Reserve and Simon. Section 3: The Engineer's Reports, as presented, describe each District's improvements. Section 4: The estimates of the itemized costs and expenses of said work of each District and of the incidental expenses in connection therewith contained in each Engineer's Report are hereby preliminarily approved. Section 5: The diagrams showing the Districts referred to and described in each Engineer's Report, the boundaries of the subdivisions of land within each District, as the same existed at the time of passage of said Resolution, are hereby preliminarily approved. Section 6: The proposed assessments upon the subdivisions of land in each District are in proportion to the estimated special benefit to be received by said subdivisions, respectively, from said improvements, work and the incidental expenses thereof, as contained in each Engineer's Report, are hereby preliminarily approved. Section 7: Each Engineer's Report filed is hereby approved on a preliminary basis, shall stand as the respective Engineer's Report for the purposes of all subsequent proceedings related to the levy of assessments for Fiscal Year 2025-26 and are ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 8: The City Council will conduct a Public Hearing concerning the levy of assessments for the Districts and will consider all oral and written protests at such hearing. Section 9: Notice is hereby given that on the 14th day of July, 2025 at the hour of 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers located at 750 Bellevue Road, Atwater, California, any and all persons having any objections to the levy of the proposed assessments may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention. Section 10: The publication of the notice of the time and date of said hearing and the filing of the Engineer's Reports shall be caused by the City Clerk pursuant to the 1972 Act and the 1982 Act, as applicable. The foregoing resolution is hereby adopted this 23rd day of June 2025. AYES: Raymond, Cale, Ambriz, Nelson NOES: None ABSENT: Rochester APPROVED: /s/MICHAEL G. NELSON MAYOR ATTEST: /s/KORY J. BILLINGS CITY CLERK IPL0250202 Jul 2 2025