HomeMy WebLinkAboutStaff Report 5.B 7/7/2014DATE: July 7, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dant. Joector, Public Works &Utilities
Ron De kola — 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 2014-2015 Annual
Assessment for Landscape Assessment Districts; Resolution of Preliminary
Approval of Engineer's Report for Landscape Assessment Districts, Fiscal Year
2014-2015; and Resolution Setting a Public Hearing to Order the Levy and
Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972
for Landscape Assessment Districts, Fiscal Year 2014-2015
RECOMMENDATION
It is recommended that the City Council adopt the three attached resolutions:
1. Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year
2014-2015 Annual Assessment for Landscape Assessment Districts
2. Preliminary Approval of Engineer's Report for Landscape Assessment Districts, Fiscal Year
2014-2015
3. Setting a Public Hearing to Order the Levy and Collection of Assessments Pursuant to the
Landscaping and Lighting Act of 1972 for Landscape Assessment Districts, Fiscal Year
2014-2015.
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.
The City Council has established landscape assessment districts (LADs) for many of its
subdivisions that feature public landscaped areas. The requirements for such are identified in the
Agenda Review: /
City Attorney Finance Director City Manager �' . 1
conditions for tentative map approval prior to development of 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 each LAD district. Each year, by statute, the City Council must initiate a
process to set the annual assessments for the Landscape Assessment Districts. As is done each
year, the process includes a Public Meeting this year scheduled for July 7, 2014, to hear
testimony; and a Public Hearing scheduled for July 21, 2014 to levy assessments.
The proposed action meets Council Goal: "Improve and enhance fiscal stability and
sustainability".
The Landscaping and Lighting Act of 1972 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.
Staff is recommending an increase in the annual assessment for the Landsdowne LAD. In fiscal
year 2007-2008 the reserve balance was nearly $90,000. At that time, the annual assessment was
reduced from $50.00 to $0 so that the reserves could be spent down paying for maintenance and
fees. With a current estimated balance of $9,000, staff recommends increasing the assessment
from $0 to $70.00 annually to cover the estimated costs of maintenance, water, improvements,
weed abatement, and administration.
Staff recommends that the assessment for Hillview Oaks LAD be reduced from $40.00 to $0.
During the past few years, the Hillview Oaks Homeowner Association has paid the costs for
landscape maintenance and utilities for the area which obviates the reason to collect an
assessment fee. By setting the assessment to $0, the LAD will be put into an inactive status with
a minor balance of $1,179 until such time as the current management with the H.O.A. may
change.
No other changes in assessments are recommended by staff, however twelve LADS have
automatic 2% escalators provisions that are reflected in the summary, attached. Through
concerted water conservation efforts, reduced maintenance costs, and competitive bidding over
the course of the last several years, LADS with negative fund balances have been guided in a
positive direction.
FINANCIAL IMPACTS
Delay in approving the recommended resolutions may prevent assessment collections by
Sonoma County which has an August 10 deadline for submission of assessments.
The Landscape Assessment Districts Fund 2510 has an estimated beginning balance of $385,179.
The amount budgeted for FY 2014-2015 expenditures is $254,317. There are 12 LADS with
built-in 2% COLA per Formation.
9
ATTACHMENTS
1. Resolution Describing Improvements and Directing Preparation of Engineer's Report for the
Fiscal Year 2014-2015 Annual Assessment for Landscape Assessment Districts.
2. Resolution of Preliminary Approval of Engineer's Report for Landscape Assessment Districts
for FY 2014-2015.
3. Resolution Setting a Public Hearing to Order the Levy and Collection of Assessments
Pursuant to the Landscaping and Lighting Act of 1971 for Landscape Assessment Districts,
Fiscal Year 2014-2015.
4. Subdivision Landscape Assessment Districts FY 14-15 Assessment Summary (Exhibit A of
Engineer's Report)
5. Map: Conflict of Interest Boundaries with LAD Boundaries
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, including Exhibit A, FY 14-15 Assessment Summary
Attachment 1
RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION
OF ENGINEER'S REPORT FOR FISCAL YEAR 2014-2015
ANNUAL ASSESSMENT FOR
LANDSCAPE ASSESSMENT DISTRICTS
WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972,
Streets and Highways Code sections 22500 et seg. , the City Council has established Landscape
Assessment Districts and authorized levy 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 it 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 2014-2015 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 hereby made for 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 govern 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 estimate of the costs of said proposed new improvements, if any to be made; the costs
of maintenance of any existing improvements, together with the incidental expenses in
connection therewith;
c) A diagram showing the 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 lots of parcels of land shall be identified by a distinctive number on said
diagram; and
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 such parcels of land from said improvements,
including the maintenance, and of the expenses incidental thereto.
4. The Director of Public Works and Utilities and 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 office hours at the Petaluma City Hall, P.O.
Box 61, 11 English Street, Petaluma, CA 94952, or by calling 707-778-4303.
Attachment 2
RESOLUTION OF PRELIMINARY APPROVAL OF
ENGINEER'S REPORT FOR
LANDSCAPE ASSESSMENT DISTRICTS
FISCAL YEAR 2014-2015
WHEREAS, the City Council of Petaluma adopted its Resolution Describing
Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2014-2015 Annual
Assessments for Landscape Assessment Districts, pursuant to the Landscaping and Lighting Act
of 1972, Streets and Highways Code sections 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 therein more 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 Report 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 Engineer's Report is sufficient and does not require
modification.
NOW, THEREFORE, BE IT RESOLVED that:
1. The plans and specifications for the existing improvements within the 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 expenses of said improvements, if
any, maintenance, and the incidental expenses in connection therewith, contained in said
report are hereby preliminarily approved.
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 each lot or parcel of land within said districts as such lot or parcel of land
is shown on the County Assessor's maps for the fiscal year to which the report applies, each
of which lot or parcel of land has been given a separate number upon said diagram, is hereby
preliminarily approved.
mo
4. Each proposed assessment of 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.
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 the purpose of all subsequent proceedings to be had
pursuant to said Resolution.
Attachment 3
RESOLUTION SETTING A PUBLIC HEARING TO ORDER THE LEVY AND
COLLECTION OF ASSESSMENTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR
LANDSCAPE ASSESSMENT DISTRICTS
FISCAL YEAR 2014-2015
WHEREAS, on July 7, 2014, the City Council of Petaluma adopted a Resolution
Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2014-
2015 Annual Assessments for Landscape Assessment Districts, pursuant to the Landscaping and
Lighting Act of 1972, Streets and Highways Code sections 22500 et seg.; 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's Report, 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 accordance with said Act:
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND
ORDERED:
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 2014-2015, pursuant to the
provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code
sections 22500 et seq., for the construction or 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 a full 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.
4. Notice is hereby given that Monday, July 21, 2014, at the hour of 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 time 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 bad 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.
I
c o rml-O _ olc ;n o0 r n o m.o o ,,0
o'.c r n o �n':c o mc
.
.. o,.. V vi ':;n
.
rylr--.r;"..m ry m
oc
r r m y Dd
R
b e P V Vl
R r m
C O� m^ vai
lio R PI, r a-_
�n 0 0
n 1'.v
u 1 n me R o
rlo e - i "ni rn.
� m .n � -Iv:c
r aC o'''.n ry = P m
14
R".PIO O r m
r
r
r o m,o m'
r�,
� m''..� '. ,P
R a c o r
�1 `O
O w
0 u pl p
5 Z F O N J
N J
N N ID 1 � j C o''
3tc. •.L J 00i L✓N v'C Z'.� Fv� O <: .< CD
.t tit p00
v Y qG S N C �� •� <G UYF �:u zOz CG <J uziu 0 F c- wN wv~iG Z
c<< NCI�Oc�Uu"O���w00 ❑,�Z6_FGG>w N',J Fu¢i'U �-'w vtG'-'O
z �� u¢ }> }I0 o°3 < �,¢uIS
F'O < O m U O O Z
O w Z Z 0��C h C j -Z¢ O U C Clvl� pjZ Z Z b-6 U u 0 C_] d u Z,Z S a ^'',O c� UFC <
Q Q < m UIU U H OU U U �,,,.Z IO O C �:� �I� .�'.,� $ a'C m m O,,,O O h y'.,,v En v}i F I7 -'F > > >''',�
_.. O o c c�o o O oo o c o•o o.o c.c.__. m c �.� or = m �.o o.e.r _�.
0 0 0 0 to 0 0 o c c o o cl
CV V'1''i Vl I a R� m `O i a n R m 1 IO V1 P 1 P-
Z
o r r o r r r r r r n o r a',r r r r:r rlrn r � r n r ra o r r, P r r,v� rn o r ar o r r,rn
O OO O o o O O O C CIO O c c.c O O O O O O C -O O O O O O.O O O C O O c o
0 0 0 0 0 0 0 0 0 0 0 0 0 0 010 0 0 0 0 0 0 0'0 0 0 0 0 0 0 0 0 ❑ 0 0'0 0 0 0 0 0 0 0l0
G''IGQ-< < <".<
to
eje e;
Z_
rFi
c'v'..
�Inlrn'c ..m '..rr
F G O
U
N ry
c�
--.m
9 �
n'.O,n - n
`� M1 C m N:M1
0
C vl n V r.G\
m -.N i.. rn rn'rn zs
D
�
v
`I J'
49
h Z
>
h
U
0 3 c
❑ G:
m
N>O a �.'...
Zm
moo
O
M1 N b m P.N
4
\ \(____ \._ '-' ____
ell;stet taals5vt!za= uwavnn=2s -o -
3 s
>°Yn >x'• Six �A
7iTitillii�^ >
5.CT, c-- �_ACm x iz
f-fl EItE cIzaiE14EmC 4 1 -�
ri _14 / , /
if
el 1 1 7\
77 / a
i
T 1 � �
://,
1 I F I ,,7 Eiyo I� ,°�,� / /%
. 4(;, '/'
D° y5�,S93MN Y I "J ~t /:/ `,/' \
/
Am6
m e08� u >?)c.IP°14
le
}O rp. C
� 1y o�0
c = or., /
< m1w.,
a /aye\ �//
44
5 /
n as ( --` /\\ S\, 6
�,L ,
d1a 4t.. w1 �I ja// J..' MCe,, v
\ 'a<'+00°� 3Atl may"+NfN °�Tp
$ a+'I yran�n 13+c ref _Hs/ R�
Z1 `
1 — & e r• j 6 1
I s,16
/AikI
f
/ / 9
/ OC ,i
a'
..../---------------/r
lilliNt
c
OC
, od°ay ,o' 4e4S\3'.4.4."' : '
y ® l` ~�"./
\� �/
,C
/N
t,H
\..„‘„,. „//,////:, (.\,
i oa 4.
N / \
11111
/ (7-- !
I'
a" - r
N 3 0 0 0 0 r n O C+
z y 4. e. g. 2.7377 tD 6'4d O pA Q. In K'C3 W Q+ r.}
A�\ ID `•7 a
v v ni N• `r t . , 8 a u) MSI
g ' i N O a = .0 ,» c.D O Po C ,-.
5- * o aci, w rD "y ..y PI ;IL eD
R