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HomeMy WebLinkAboutStaff Report 5.C 7/1/2013 a 0,4,tr A envicf' Itenyv#5 .0 DATE: July 1,2013 TO: Honorable Mayor and Members of the City Council through City Manager FROM Dan St.John,,F.ASCE,.Director-Public Works & Utilities Ron DeNicola- Public Works Parks Manager SUBJECT: Public Meeting to Hear Testimony Regarding the Annual:Assessments for the Landscape_Assessment:Districts and Adopt Resolution.Describing Improvements and Directing Preparation of Engineer's;Report for.Fiscal Year 2013-2014 Annual Assessment for Landscape Assessment Districts; Resolution of Preliminary Approval of Engineer's Report for Landscape>AssessmentDistricts, Fiscal Year 2013-2014; and Resolution Setting a Public Hearing to Order the Levy and Collection of:Assessmenis Pursuant to the Landscaping;and Lighting Act of 1972 for Landscape.AssessmentDistiicts, Fiscal Year` 2013-2014 RECOMMENDATION: It-is recommended'that the City Council adopt the three.attached.resolutions: 1. Describing Improvements and Directing,Preparationof Engineer's'Report for Fiscal Year 2013-2014 Annual Assessmentfor Landscape Assessinent'Districts 2. Preliminary Approval'of Engineer's Report:for Landscape.Assessment Districts, Fiscal Year 2013-2014 3. Setting a Public Hearing to Order the Levy.and Collection ofAssessments Pursuant to the Landscaping and LightingAct•of 1972 for Landscape Assessment Districts, Fiscal Year 2013-2014. 1 Please note, portions of the approval legislation will be segmented into separate resolutions for specific LADs pursuant to Title-2, Cal. Code of Regulations, section 18709,to deal with the likelihood that certain Council members may recuse themselves from making decisions on LAD assessments for properties,within 500' of real property in which Council members have ownership or•other interests. BACKGROUND: The City Council has established landscape assessment.districts (LADS)for many of its subdivisions that feature public landscaped areas. Theclrequirements for such are identified in the tentative map conditions priorto development the subdivision. These districts are formed to maintain various amenities on public land, such as landscaped islands, medians, pathways, riparian mitigations, sound walls and fences. The costs are spread among,all of the private parcels within the district. Each year, by statute, the City Council must initiate a process to set- - 1— Agenda Review rc, ' City Attorney Uw Finance Director City Manager -- theannual assessments forthe;Landscape:Assessment,Districts As is done each year, the process includes a Public Meeting (July 1, 2013) to hear testimony,.and'a Public Hearing (July 15 .2013)to levy assessments. The proposed action meets Council Goal: "Iriiprove.and,enhance fiscal stability and sustainability". DISCUSSION: The Landscaping and Lighting Act of`l972 requires that an engineer's,report be completed. The attached preliminary engineer's report covers all City LADs and describes the annual assessment within the previously approved dollar range for each LAD. For fiscal year 2013-2014:there,are no proposed:assessment increases. There are two proposed decreases: For Anna's Meadow.LAD the annual assessment will be decreased from $84.00 to $15.00. Anna's Meadow Lad has substantial reserves and minor annual overall costs. For Stoneridge LAD.the annual assessment will be deereasedfron .$235.00 to $35.00. Stoneridge LAD also has substantial reserves and minor overall costs. Through concerted water conservation:efforts, reduced maintenance_costs, and competitive bidding over the course of the last several years, the Parks Maintenance staffhastumed LADs with negative fund balances in a positive directionStaff expects this trend to continue. Two LADS, Liberty Farms and Twin Creeks balances are trending negative, however,with more efficient water use, this trend should tumpositive. Incases, wherethere are sufficient reserve funds,,staff will review potential landscapeimprovernents during this next fiscal year. FINANCIAL IMPACTS: Delay in approving the recommended res olu tions ma P revent assessment collections by Sonoma County(deadline-for submission of assessments is August 10). The Landscape Assessment Districts Fund 2510 has an estimated beginning balance of$356,300. The amount budgeted for FY2013-2014.expenditures is $328,588. ATTACHMENTS I. Resolution Describing Improvements and Directing Preparation of Engineer's Report for the Fiscal Year 2013-2014 Annual Assessment for Landscape Assessment Districts. 2. Resolution of Preliminary Approval of Engineer's Report for Landscape Assessment Districts for FY 2013-2014. 3. Resolution Setting a Public Hearing to Order the Levy and.Col1ection of Assessments Pursuant to the Landscaping'•and Lighting Act of 1971 for Landscape Assessment Districts, Fiscal Year 2013-2014. 4. Subdivision Landscape,Assessment Districts FY 13-14 Assessment Summary (Exhibit A of Engineer's Report) 5. Map: Conflict of Interest Boundaries with LAD Boundaries I 2 The item listed below is large in volume and is not attached to this report, but may be viewed online or in the.City Clerk's office. ,6. Engineer's Report, includingExhibit A, FY 13-14 Assessment Summary/ 3 Attachment 1 • RESOLUTION DESCRIBING IMPROVEMENT SAND,DIRECTING PREPARATION OF ENGINEER'S:REPORT FOR FISCAL YEAR 2013-2014 ANNUAL ASSESSMENT FOR LANDSCAPE ASSESSMENT DISTRICTS WHEREAS pursuant'.to'the provisions of the Landscaping-and Lighting Act of 1972, Streets and Highways Code sections 22.500 et seq. , the City Council has established Landscape Assessment Districts and authorized leyy and collection of assessments, listed in Exhibit A of the Engineer's Report, on file with the City Clerk NOW, THEREFORE, BE IT RESOLVED that: The public interest, convenience;and necessity require, and is the intention of said Council to undertake proceedings for the levy and collection'of assessments upon the several parcels of land in said districts, for Fiscal Year 2013-2014 maintenance. 1. The improvements to be constructed or installed, including-the-maintenance thereof, are more particularly described for each;district in Sections III and IV of the Engineer's Report. 2. The maintenance costs or expenses of said improvements are to,be made chargeable upon said districts,the exterior boundaries of each district are the composite of each consolidated area, as more particularly shown on a map thereof on file in'the office of the City Clerk, to which reference is herebymadelfor further particulars: Said maps for each district indicate by a boundary line the extent of the territory included in said district and of any zone thereof and shall'tgovern for all details as to the extent of each assessment district. The boundary lines are also generally depicted in Sections V"and'VI of the Engineer's Report. 3. The City Engineer of the City of Petaluma,shall be the Engineer of Work, and is hereby directed to prepare and file-with the City Clerk a report_on the districts specifying the fiscal year to which the report applies, and;with respect to that year, presenting the following: a) Description of the existing improvements and proposed new improvements, if any, to be made within the assessment district or Within any zone thereof; b) An estimateofthe costs:of said,proposed new-improvements, if any to be made; the costs of maintenance.ofanyexisting improvements, together With-the incidental expenses in connection therewith; c) A diagram showing,tle exterior boundaries of the assessment district and the lines and dimensions of each lot or,parcel of land within the district as such lot or parcel of land is shown on the County Assessor's map for the fiscal year to which the report applies, each of which lotssofparcels of land "shall be identified by-a distinctive number on said diagram and 4 d) A proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, if any, including the maintenance of any existing improvements upon the several parcels,of land in said district in proportion to the estimated benefits to be received by sueh parcels of land from,said improvements, including the maintenance, and of the expenses-incidental thereto. 4. The Director of Public Works and:Utilitiesnand-the;Director°of Finance of Petaluma are hereby designated,as the persons to answer inquiries regarding any`-protest proceedings to be had herein, and may be contacted during regular.officeihours at the Petaluma City Hall, P.O. Box 61, 11 English Street, Petaluma, CA 94952, or by calling 707-778-4303. 5 Attachment 2 RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEERS REPORT`F,OR LANDSCAPE ASSESSMENT'DISTRICTS FISCAL YEAR 2013-2014 WHEREAS, the City'Council ofPetaluma adopted its Resolution Describing Improvements and DirectingPreparation of Engineer's Report for Fiscal'Year 2013-2014 Annual Assessments for Landscape Assessment Districts, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways•Codesections 22500 et'seq.; WHEREAS, said Resolution referred the proposed improvements to the Engineer of Work, and directed said the Engineer of Work to prepare and file with City Clerk a written report on the LAD,all as thereinimore particularly described ("Engineer's Report"); and WHEREAS, the-Engineer of Work has prepared and filed.the.Engineer's.Report with the City Clerk, and the Engineer's Repert'has been presented'to the City Council for consideration; and WHEREAS, the Landscape Assessment Districts (LAD) are listed in Exhibit A of the Engineer's Report; and WHEREAS, the City.Council has duly.considered:the Engineer's Report and each and every part thereof, and finds that said the;Engineer'sReport insufficient and does not require modification. NOW,THEREFORE,BE IT RESOLVED that: 1. The plans and specifications for the existing improvements withinthe assessment districts listed in Exhibit A of the Engineer's Report, or within any zone.thereof, contained in said report are hereby preliminarily.approved. • 2. The Engineer's;,estimate•of the itemized and total costs and ex penses of said improvements; if any maintenance, and the incidental expenses in connection therewith, contained in said report are•hereby,preliminarily approved. 3. The diagram,contained in the Engineer's Report.showing the exterior boundaries of the assessment districts referred.to and described, the boundaries of any zones therein, the lines and dimensions of eachaot or parcel of land;within said districts as.such lot or parcel of land. is shown on the•Count •Assessor's maps fat the.fiscal'year.to which the report!'applies, each of which lot or parcel ofland has-been given a separate number upon said diagram, is hereby preliminarily approved. 6 4. Each proposed assessmentof the total amount of the estimated costs and expenses of the proposed improvements-:upon the several parcels,of land in each district is in proportion to the estimated benefits to be received by such parcels,respectively, from said improvements, including the maintenance or,servicing, or both thereof, and of the expenses incidental thereto, as contained in the Engineer's Report and is hereby preliminarily approved. 5. Said report will stand as the:Engineer's Report for all of the individual districts as listed in Exhibit A of the.Engineer's Report, for theipurpose of all isubsequent proceedings to be had pursuant to said Resolution. l 7 Attachment 3 RESOLUTION SETTING A-PUBLIC HEARING TO ORDER THE LEVY AND COLLECTION'OF ASSESSMENTS PURSUANT TO THE LANDSCAP-ING•.AND LIGHTING ACT OF'1972 FOR LANDSCAPE ASSESSMENT DISTRICTS FISCAL YEAR 2013-2014 WHEREAS,on July 1, 2013, the City Council of Petaluma.adopted a Resolution Describing Improvements and;Directing:•Preparation.of Engineer's Report for Fiscal Year 2013- 2014 Annual Assessments for Landscape Asse"ssment Districts, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code:sections 22500 et seq.; and WHEREAS, pursuant,to said.Resolution the designated Engineer of Work has prepared and filed with the,City Clerk the written Engineer's Report for the districts listed in Exhibit A of the Engineer'sReport, called for under said Act and by said Resolution; and WHEREAS, the-Engineer's.Report has been submitted to and preliminarily approved by the City Council in accordarice'with said Act: NOW, THEREFORE; IT IS HEREBY FOUND, DETERMINED AND ORDERED: I. The public interest,and convenience require, and it,is the intention of the City Council to order the levy and collection of assessments for fiscal year 2013-2014,pursuant to the provisions of the Landscaping•and'Lighting Act of 1972, Streets and Highways Code sections 22500 et seq., for the constructioncor installation of the improvements, if any, including maintenance, more particularly described for each district in Sections III and IV of the Engineer's Report. 2. The cost and expenses of said improvements„if any, for each assessment district, including maintenance, are to be made chargeable upon the specified assessment district, the exterior boundaries of which district are the composite and consolidated area as more particularly described on a map thereof on`file in the office of the City Clerk, to which reference is. hereby made for further particulars.• Said map indicates by a boundary line the extent of the territory included in each of the districts and of any zone thereof and the general location of said districts. 3. The Engineer's Report preliminarily approved by this Council:and,on file with the City Clerk is hereby referred to for afull and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the:"proposed assessments upon assessable lots and parcels of land within the districts. 8 • 4. Notice is hereby given that-Monday, July-15, 2013, at the hourof 7:00 PM, in the regular Meeting.place of said Council, Council Chambers,>City Hall, 11 English Street, Petaluma, California, is hereby appointed and fixed'as the Mme and place for a hearing by this Council on the question of the levy,and collection of the proposed assessments for each district for the construction or installation of said improvements, if any, including the maintenance, at which time the City Council will: (i)consider:all oral or written protests made or filed by any interested person at or before the conclusion of the public hearing relating to or opposing said improvements,the boundaries of each assessment district and any zone therein,the proposed diagram or the proposed assessments, the^Engineer's estimate:of the cost thereof; and (ii) consider and finally act upon the Engineer's Report for the districts. 5. The City Clerk is hereby;directed to give notice;of said hearing by causing a copy of this resolution to be published once in a newspaper of general circulation circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the Council for the posting of notices, said,posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified'herein. 6. The Director of Public Works and Utilities'and/or the Director of Finance of said City are hereby designated as the persons to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the Petaluma City Hall, P.O. Box 61, 11 English Street,Petaluma, CA 94952, or by.calling 707-778-4303. 9 ■ City of Petaluma Landscape Assessment Districts Attachment 4 FY-13-14 Assessment Summary M tennce FY13-14 Net FYI 2-13 Net• #of Parcels 8&nninB Ass enti 'Toll &Ad . 'Ending Assessment Per Assessment Per Assessed Project Number Landscape Distort Balance L d Sources Costs n Balance Parcel Parcel % 24 LAD076400 JUDITH COURT- 5 554 5 '2.118 S 2,672'. 5. 1,1635, ,1,509 1$ 88.23 .5 86.50 .2.0% 74 LAD076600 ANNA'S MEADOWS 5- 26,602 $ 1,110'5 27,712 ,5" 901 5 26,811 8 15.00 $ 8100 -821% 44 LAD076800 LIBERTY FARMS 5 (10,917) $ 7,5631 S (3,254) 5 7,623 5 (10,877) 5 171.89 5 16852 2,0% 40 LAD076900 CORONA CREEK 2 5 12,879 5. .4,000 5 116879. 5 2,530 5' 14,349 5 100.00. 5 100.00 00% 100 LAD077000 At1ERICANA $ 13,244' E 3700 S 16,944 5' 2,908 S. 14,035 S 37.00 $ 37.00 00% 14 LAD077100 KINGSFIEID 5 1,702..5 700 5' 2,402 5: 563 5 1839.15 50.00 5' 50.00 00% 151 LAD077200 CASADEL 050' $ 5,309 S 3,513 $ :8,822 5 1,27015 05215 23.27 5 22.81 20% 185 LAD077500 MCNEAR LANDING $ 3,724 '5 13,875. 5 17.599 5 12,636 5 4,963`$ 75,00 5' 75.00 00% 41 LAD077600 FAIRWAY MEADOWS E .(5,549) $ '8200 $ 2,651 5, 4,427 S (1,776)1$ 200.00 5 200.001 0.0% 83 LAD077700 GLENBROOK. 8 3.516 5 4,055:.5 7,571 5 4,039 $ 3,532'1$ 48.86. 5 49.861 00% 177 LAD077900 MEADOW PARK 5 51027. :5 20,363, E -71,390, S. 36,706 $ 34,684 5 11505' 5 112791 20% 44 LAD078000 TWIN CREEKS. S (6,663);5 '9,900. 5 3,237:'51 10.082 $ (6,845) 5 225,00 5' 225.001 0,0% 82 LAD078100 PARK PLACE 5 7,069 5 2,281 S. 9,350 $ .771 '5 8.579:,5 27.82 5 27,271 '2.0% 59 LAD078200 WOODSIDE VILLAGE 5 10,681 I'S 3,194 $ ':13,875 $'. 7,281 5 10,594 15 54.14 5 54.14 I 00% 110 LAD078300 SHELTER HILLS 5 3,470'_$ 2,080 $ 5,557 $ 584 5 4,972_1$ 18.91 $ 18.91 l 00% 78 LAD079400 SPRING MEADOWS $ 11386 .5 - 5 11,386 5' 1,498 $ 9,888 $ - $ - ( 0.0% 19 LAD078500 ST JAMES ESTATES $ 6,268 S 2,850 $ 9,118 5. 1,459 5 7,658 15 .15000. 5 15000 1 00% '71 LAD078600 VILLAGE EAST $ 22,939:-5 :1775 $ 24,714, $ 1,990 $ 22724 I$ 2500' 5. 25.00 I 00% 79 LAD078700 VILLAGE MEADOWS $ " 7,248' 5 - 8,876 5 '16,624"5 6,300 $ 10.3231$ ''11235 8 110.151 3.0% 200 LAD078800 CROSS CREEK. $ 20,905',$ 10,000 $ 30,905..5 8331. 5 22,574 15 .5000 S. 50.00 0.0% 167 LAD079000 WESTRIDGE' 5 (15,904)'S 11,978 5. (3,926) S. 6,157 $ (10,083)15 7173 $ 7032 20% 445 LAD079100 SONOMA GLEN SF $ (9'1648)1'$ 30777 $' (64,372) 5 22,822. $ (87,194)1 E: 76.50 5. 7500 2.0% SONOMA GLEN TH 15' 45.53 c 43 CA 2 0% 180 LAD079200 MOUNTAIN VALLEY 1 5 11,470 -5 12,060' $ 23,530 $ 10,507 5 13,024 I I 67.00 5' 6700 00% 117 LAD079300 KIJGSMILL- 115 6,562 $ 10,643. $ '17,2051 $ 8,843..$ 8,362 15 90.96 $ 89 18 20% .75 LAD079400 COUNTRY CLUB ESTATES; $ 9,145:5 ,7,500' 5 16,645' $ ?999 '5 11,646 5 '100.D0 'S 10000 00% 124 LAD079500 CADER FARMS 5 10.072.,5 25,004 $ 35,076'. $ 19,114. $ 15,962 .$ '201,64 5 .197 69 20% 53 LAD079501 CARER FARM HIGHLAND S (16,721).5 6,625 $ '(10,096) 1755' 5 (11,851)5 125001$ 125 00 0.0% 21 LAD079600 CRANE GLEN $ 11565 :$ 1,405 $ 2,970: 1,195 :$ 1;775 $ 66.88 $ 65.52 20% 30 LAO079700 HILLVIEW OAKS $ (4,268).$ 1,200 $ (3,068) 10 :5 (3078)1$ 4000 5 4000 00% 3 LAD079800 TAT - $ (95) 5 45 $ (50) '30 $ -(II)I'5 1500E 1500 00% 203 LAD079900 GRAYSTONE CREEK 5 10,999 '.5 20.300. $ 31299. 20,226 $ 111074 I$ 100,00 $ 100.0D 0.0% 12 LAD092600 MAGNOLIA:FERRACE 9$ .4,234 I$ " $ 4234 - $ .4,234 I$ - $ - 00% 28 LAD092700 WISTERIA $ 5,85915 1680. $ 7,539..$ - 1,192 ",$ 16,3461'3 60.00 5 6000 00°% 42 LAD092900 WESTVIEW ESTATES; 5 22.882:$' '5250' $ 28,132 $ 3,588,3 .24,544 I''$ 12500 $ 12500 00% 236 LAD093000 WILLOW GLEN :5 (10,248)'$' 30,680. $ 20,432115 23,043'1$ (3010)15 130,00 $ 130,00 0,0% 19 LAD091100 STONERIDGE 15 32114..51 6651 5 32.779 $ 1.499..5 31:280 .I 15 w 5 21605 4.5 1% 97 LAD093200 LANSDOW'NE. S 11748" 5 - 5 11748. $ 7071. $ .4,677 S $ - 00% LAD093300 ADOBE WEIR 5 94198 '5'. S 94,19815 188''S '94,110:5 - _$ 100% 37 LA0093500 WASHINGTON CK VILLAGE' ,5 11818.'5' 12839. $ 2-0657;. 5 13,8181'3 10,839 I$ 347.00 5 347001-0.0% 78 LAD093600 TURNBR1DGE _ :$ .37921 $ 9,795' 5 13587, $ 2,551.3_ '6,036 I$ 125.58 5 125.58. 00% 92 LAD093700 STRATFORD PLACE :S 27,340. $ 11,847, 5 39,187: $ 18,058 .5 21,129 18 128.77 $ 12877 00% 216 IIAD093800 ISOU1'HGATE -$ (44,4231 5. 61,636 $ 17.212 -5 36,3841:$ -(19,172)1$ 28535 $ 28535- 00% 59. LAD093900 RIVERVIEW '5 62 139 $ 4,725 5 ' 66,864 -5 10,716 .5 556,1481'5 7500 $ 75 00 00% LADI00100' UNALLOCATED $ 17,509 5. 800' $ 18,309 ,5 - ,$ 18,3091:5 $ 00% 9 LADI00110' SEQUOIA ESTATES 'S. 3(39) 5 - '$ (39) $ 35 S (74)1.5 - - $ - 00% 45' LADI 00120: SYCAMORE HEIGHTS '5 9,897:.5. )544. 5 .11442 S 021' S 11021,1'5 34.32 5 .3432 00% 326 LADI00130 ADOBE CREEK ;S (100) $ - S (100) $ $ (100)115 $ - 00% LADI00140 BENSON ESTATES. 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