HomeMy WebLinkAboutStaff Report 5.B 7/15/2013 1 Ite w#5.3
1Lr �
185$
DATE:. July T5, 2012
TO: Honorable Mayor a"` .Members of the CityConncil through City Manager
FROM Dan St. J � !' ctor', Public Works.&'Utilities
Ron DeNteo — I � dings,& Grounds Manager
SUBJECT: Public Hearing to.Receive Public Coinn ent, Amend the Engineer's Report If
Necessary;.and Adopt a Resolution Oidering the Improvements and Confirming
the Diagrams and Annual Assessments for Landscape Assessment Districts Fiscal
Year 2013-2014
RECOMMENDATION
It issrecommended thatthe,City°Council open the Public Hearing and receive public comment,
amend the Engineer's:Report if,necessary, and adopt the,attached resolution ordering the
improvements and confirmingthe diagrams and annual assessments for Landscape Assessment
Districts Fiscal Year 2013-2014.
BACKGROUND
The City has established landscape assessment districts (LADS)for manysttbdivisions that
feature•public landscaped areas: The requirementssare identified in the tentative map conditions
prior to,development of the:subdivision. These districts maintain various amenities on public
land, such as landscaped islands,medians„pathways;,riparian mitigations, sound Walls and
fences. The maintenance costs'are spread,among all,of the private.parcels within the district.
The City Council establishes the annual landscape assessments for the 45 landscape assessment
districts in the City. :r he and Lighting.Act of'1 972 requires'that an engineers.
report be completed for each disthct. It the,amount of any-districtassessmcnt will be:increased
beyond the maximum originally°approved, State,law'(California Constitution, Article XIIID, .
Prop. 218) requires the City'to give property owners in the:district 45 days mailed:notice of a
hearing and conduct a mailed ballotproceeding,
The public hearing„'scheduled for July 15, 2013:'is to allow the public to provide additional
comments to the Council. At the conclusion of the hearing, the City Council is urged to adopt a
resolution setting the annual assessments in order'to'collect.assessments for FY 13-14. The
notice for the public hearing was published in the local-newspaper ten days prior to the Council
meeting, as required.
Agenda Ft]
evie
City Attorne _ A Finance Dir ctor/ i City M '
The proposed action meets City:Council Goal: -"Improve and enhance fiscal stability and
sustainability".
DISCUSSION
Notices for the public meeting held:on July 1, 2013 and the public hearing for July 15, 2013 were
posted and published according,to_requirements. The public hearing is to hear additional public
comments and to adopt the annua1 assessments; The resolution and assessments will be
submitted to the Sonoma County Auditor-Controller to beadded to.the 2013-2014 property tax
bill sent to the property,oWner in;llie--fall. Payments of the asses"slndnts are due with the property
tax bills on December 10, 2013; and April 10, 2014.
There is no increase for any district except for the annual cost-related:escalator already built into
the existing assessment fee formula and range. 1-laving#substantial fund reserves, Anna's
Meadows LAD assessment is recommended to be reduded from $84.00 to $15.00 and Stoneridge
LAD assessment from $235.00:to $35.00.
Please note, portions of the appre vallegislationwill-bersegniented into separate resolutions for
specific LADs to deal with the,likelihood that certain council may recues themselves
from making decisions on LAD:assessments=for properties within 500' of real property that
council members own or have°financial interest in.
FINANCIAL. IMPACTS
•
The Landscape Assessment Districts Fund 2510;holds discrete,.accounts:for each LAD,
unassociated with the City'sgeneral fund.- A portion of a City employee's salary and benefits is
funded by the LADs to provide,over sight of all maintenance activities and management of
contracts and finances. The Landscape Assessment Districts Fund 2510 has an estimated
beginning balance o11356,300. The amount budgeted for FY 2013-2014 expenditures is
$328,588.
ATTACHMENTS
1. Resolution
2. Conflict of Interest Map
•
2
Attachment I
RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE
DIAGRAMS AND-ANNUAL ASSESSMENTS FOR LANDSCAPE ASSESSMENT
DISTRICTS FISCAL YEAR.2013-2014
WHEREAS; On July 1, 2013, the City Council adopted Resolutions No. 2013-103
N.C.S, 2013-104 N.C.S. and 2013-1.05 N.C.S. FDescribing Improvements and Directing
Preparation of Engineer's Report:for Fiscal Year 2013-2014 forthed,andscape Assessment
Districts; listed in Exhibit A,of the Engineers Report on file, pursuant to the Landscaping and
Lighting Act of 1972; and
WHEREAS, on July 1,,,2013. the City Council adopted Resolutions 2013-103 N.C.S,
2013-104 N.0 S., and 2013-105 N.C.S., Preliminary ApprovatofEngineer's Report for
Landscape Assessment Districts,:Fiscal Year 2013-2014; and
W I-IEREAS, the=report was duly made and tiled-with the City Clerk of the City of
Petaluma, whereupon.said-Clerk_presented it to the Council for consideration; and
WHEREAS, said Council thereupon duly considered the report and each and every part
thereofand found that it contained all themattersandtbings called for by the provisions of said
Act and said Resolutions, including plans,andspecifications,of'the.existing improvements listed
in Exhibit B ofthe:Engineers Repothon file, and (J) the'proposedinew improvements; (2)
estimate,ofcosts; (3) diagrarns'of the distriets;'and",(4) a ssessmentS according to benefits, all of
which were;done in the form andmanner required by said Act; and
WHEREAS, said Council found that.the report and:each and every part thereof was
sufficient in every particular, and determined that it should stand as-the report , for all subsequent
proceedings under said Act, whereupon said Council; pursuant to the requirements of said Act,
appointed Monday,July 152013, at:the:hour of 7:00 PM:inthe Council Chambers, City Hall, 11
English Street, Petaluma, California, as the time and place for hearing protests in relation to the
levyand collection of the proposed assessments for said improvements, including the
maintenance, thereof, for Fiscal Year 2013-2014, and directed City staff to give notice of said
hearing as required by said Act; and
WHEREAS, notices ofsaid hearing were duly and.tegularly published and posted in the
time form and mannerrequired by said Act; as evidenced by the affidavits and certificates,on
file°with said Clerk,:whereupon said-hearing was duly and regularly held at the time and place
stated in said notice; and
WHEREAS, persons interested, objecting to said-improvements: including the
maintenance, thereof, or to the extent of the assessment{districts, d any zones therein, or to the
proposed assessments'or diagrams'or to the.Engineer's estimates of costs thereof, had the
opportunity to file written protests with the City Clerk of the City of Petaluma at or before the
conclusion of said hearing, and all persons interested,desiring to be heard, were given an
opportunity to be heard, and all matters and things pertaining to the levy and collection of the
assessments for said improvements, if any, including the maintenance; thereof, were fully heard
and conside"red by said Council.
3
NOW, THEREFORE, BE,IT RESOLVED by the City Council ofthe City of Petaluma
as follows:
1. That the=protests against said improvements„including:the,maintenance, thereof; or to
the extent.of the,assessment'districts`or any zones therein, or to the proposed assessments or
diagrams, or to:the Engineer's-estimates of costs thereof, for Fiscal Year 2013-2014, have been
received and considered.
2. That the public interest, conveniencetand necessity regriire; and said Council does
hereby order, the levy and collection ofassessments pursuant to said,Act, for the construction or
installation of the improvements,<includingthe=maintenance, thereof,-.more particularly described
in said Engineer's Report,.and.madea:part hereof by reference thereto.
3. That the Landscape Maintenance Assessment Districts andthe boundaries thereof
benefited and to be assessed:for said costs for the construction or installation of the
improvements, including The maihtenañce;.thcreof, are situated in the City of Petaluma,
California, and are more particularly described.by reference toaifaps.thereof on file in the office
of the City Clerk Of said City. Said maps indicate by a boundary line the extent of the territory
included in each districtand of any zone thereof and the general location of each district.
4. That the plans and specifications for the existing infproveinents and for the proposed
improvements to be made withinthe'assessment districts or within any zone thereof contained in
said report be, and they arc hereby finally adopted and approved'.
5. That the Engineer's estimates of the itemized and total costs and expenses of said
improvements, if any maintenance and servicing thereof„and of the incidental expenses in
connection:therewith, contained in the report asaamended, be, and theyare hereby finally adopted
and approved.
6. That the public interestand convenience require?and said Council does hereby order
the improvements to be.made`as.described in, and-in accordance:with,said Engineer's Report,
reference to which is hereby madefor a more particular description,of said improvements.
7. That the diagramwshovvingthe exterior boundaries of the assessment districts referred
to anddescribed in said Resolutions;-and also the boundaries of zones therein, and the lines
and,dimensionsof each,lot of parcel ofland within each district, as Such lot orparcel of land is
shown,on the,County Assessor's maps for the fiscal year to.wl ich it applies; each of which lot or
parcel of land has been given a separate number upon said diagram, as contained in each report,
be, and They are hereby finally approved and confirmed.
8. That theassessments of the total amount of thecosts and expenses of the said
improvements, if any, upon the:several lots or parcels ofland in each District in proportion to the
estimated benefits to be received by such lots or_parcels, respectively, from said improvements,
and the maintenance, thereof.and of the expenses incidental thereto, contained in said report be,
and the same are hereby finallyapproved and confirmed.
4
I 0.w
34MYtwt$ a'."i'd,"i.l'dE 6t�ldk t3=8.0...m,,,>W.,-° ."'""- r r
re
2
3 ,------...J g
°sg'>p mp iligi }' s5www. �, ,°�55 > i i IIr °
E+ c_ RaRi o i �i> n; z_�C.a +�_ � 0 �g��S � i
,!; g§ S' €g,,oREgis>oi 4 $ ;81 1�a�n aF S a o _ ; �_
. „1�zma7Fsm n ny Tv <_E �. t-cc,snEv= C
�0 �m g
stn .. y�A;_ s �� ;mS V w �” K
S y
O�
°y5
1 T�
`ter I ` �� , �
�/
\y/y apt%• T��pA� OLO REOW°O° /cp
1 „
, r PAIIIA IR .II r if r 1 'I
ri
O d a �� '� �`
3 f
H y \ri t T. / ...< a° z 5*lae' m r ff °a}
/ . �o T v ,7.
"
I
z
r i--i o — s tt 2
c+ o
2 a
--- m l Fos, b /
P�
11 a
t i y r.Y a oa°+
$ ,I Ndy�l 011 YV3M0R • y-0ylyy oHyl
1 I al I LF Jf `
11 (y d
1. i 1 /"-J - a �sT PW ci L..,..1 r• We`F gSyNC / . \
I /-- /i g O cqC' R<r9 0.' aH...dt
aT� ° 4,g.'
J
/
% o n4o JrJ
/ e lH �i /
s '4f'.q� m I f �J
ao U<E r
• ,,../
r a
r r / °qv
ca ♦l
/ •.,..%, /
1
` •
-l1-. C h
D D ° >v n
_ f/ p't7p '� �G O n (cD q 0 CAD ,Sr I6
y
-_ _ 3 c. c c K O CL" Z n•
NV. a a e1D Z' p? v� 't3 = 0/ : e' *0 cb
0
m `C r+ N
s =
N