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HomeMy WebLinkAboutAgenda Bill 5CPart1 06/21/2010~1 ~evu~a~ Itevw #5.C DATE: June 21, 2010 TO: FROM:. Honorable Mayor and 1Vlembers of the Gty Council through City.Manager Vincent Marengo; Director of Public Works SUBJECT: Public Meeting to Hear Testimony Regarding the Annual Assessments for the Landscape Assessment. Districts and .Adopt Resolutions. Describing Improvements and Directing Preparation. of Engineer's Report for Fiscal. Year 201':0-2011 Annual Assessment for Landscape Assessment- Districts; Preliminary .Approval of Engineer's Report..for.Landscape Assessment-Districts,; and the Setting of a Public Hearing to Order° the Levy .and Collection of .Assessments Pursuant to the Landscape .arid L'ighfing Aet of 197.2 for Landscape Assessment. Districts Fiscal Year 20F0 2011 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 2010'-2011 Annual Assessment for Landscape Assessment:Districts 2. .Preliminary Approval of Engineer's.ReporC for Landscape Assessment Districts, Fiscal Year 201.0-2011 3. Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Landscape Assessment:Distrcts, Fiscal Year 2010-2011. Please note, portions ofthe=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 5,00' of real property that Council. members own or have 'interest in. BACKGR~O.UND The City Council, has establshed`landseape°.assessment districts (LAI3s) for many of its subdivisions that feature public: landscaped areas. The: requirements are identified in the tentative map conditions prior to development of the subdivision. These~dstricts 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. Agenda Revie ,. Dept. Directo City Attorney. _ .Finance Director ~ City Manager Each year, the City :Council must.initiate a process to set'the annual.. assessments for the 45 Landscape Assessment Districts m the City.. As'is .d'orie each year,, the annual process includes a Public Meeting (June°21; 2010) to hear testimony,,and a Public Hearing (July 12, 2010) to levy assessments. DISCUSSI®N: The Landscaping.. and Lighting Act of 1972 requires that. are engineer's report be completed. State Law (California Constitution,. Article XIIID, .Prop. 2.18) requires the property owners in the districts be given 45 days mailed notice of a hearing, and be provided a ballot and~balloting instructions if the proposed; assessment will increase the amount; formula, or range of assessments initially adopted:. Since no.FY.10-11 asses"sments:are'being increased beyond the original or voted on level, there is no required balloting. Notf cation of the public hearing is required by publishing. the .meeting date, and tune in the local newspaper ten days prior to the event. The public meeting of June 21 is ,to hear comments from ary .property owner who owns property in.a landscape assessment: di"strict. The public:hearng of July 12 is to adopt the annual assessments. The resolutions and assessments will be submitted to the Sonoma County Auditor- Controller, and will then be added to the .2010-2011 property tax bill sent to the property owner in the fall. Payments of the ;assessments are due December 10, 2010 and April 10, 2011. Through concerted water conservation. efforts and' targete"d,reduced maintenance .costs, we have been able to turn LADs wth'negative bal"antes in. a positive direction and expect this trend to continue. In .other cases, the"re are large .reserves. The. LAD maintenance contracts expire March 31, 2011., and.will be rebid this December: Depending on the outcome of those. midyear changes in maintenance costs;. all accounts. will be.re-esaluated' at ;that time: and all necessary assessment adjustments will be made for FY 201:1 20.12. Staff recommends a reduct_ion;for Village East LAD from ,$64:70 to .$25.00,. due to a very high fund balance and minimal. maintenance costs: No other elianges are recommended. FINANCIAL IMPACTS: Delay in approving the, recommended resolutions may ,present assessment collections by Sonoma County (deadline for submission of assessments is August l OtH). Total Cost of Proposal or Project:. $-0= Amount Budgeted: $ 286,838' Name: of Account: Landscape Assessment Districts. Account Number:. 2510:2510.0_ Estimated EndingFund'Ba16=30-1;1; $496,436 ATTACHMENTS Resolution Describing: Improvements :and Directing Preparation of Engineer's Report for the FY 10-11. 2 2. ,Resolution of Preliminary Approval of Engneer's Report for Landscape Assessment Districts for FY' 10=1.1'... _ 3,. Resolution of Intention. to CQrder~t_he Levy sand Collection of Assessments for FY 10=11. 4. Subdivision. Landscape. Assessment Districts FY 10-1 1 Assessment Summary (Exhibit A of Engineer''s Report) 5. 1VIap: Conllc"t of Interest. Boundaries with LAD "Boundaries The'tem listed. below `is large in volume and is not'.attached to ibis report, but may be viewed in the City Clerk's office. f : Engineer's Report,. including Exhibit A, FY 10-7 (Assessment-..Summary 3 AYYAC6iIl~ERDT 1 A RESOLUTION llESCRIBING IMPROVEMENTS ANI) DIRECTING PREPARATION OFENGINEER'S REPORT FOR FISCAL YEAR 2010-2011 ANNUAL: ASSESSMENT FOR LANDSCAPE ASSESSMENT DIST.RIC')<'S WHEREAS, pursuant to the provision of the Landscaping and Lighting Act of 1972, Streets -and Highways Code sections 22590 of seq, of'the State of California, the City Council conducted proceedings and has establi'shed,Landseape:Assessment Districts and authorized levy and collection of assessment's pursuant to the Landscaping and Lighting Act of 1972, as .listed in Exhibit A of the Engineer's Report, on f le with the. City Clerk. NOW, THEREFORE, BE;IT RESOLVED'by the! City Council of the City of Petaluma, County of'Sonoina as.fol:lows: 1. 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 2010-20'1.1 maintenance; 2. The improvements to be constructed or installed, including. the maintenance, thereof, are more particularly described for each, district in .Sections ILI and IV of the Engineer's Report on file; 3. Thee 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 of Petaluma,.to which reference is`hereby made forfurtherparticulars. ,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; 4: Tlie~ City Engineer of Petaluma. shall lie 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 ofthe:exsting improvements .and pr..oposed: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; 4 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;; .arid d) A proposed assessment of fhe total amount of the estimated costs and expenses of the: proposed new improvements, if.any, inelud'ing 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;'includng the maintenance, and of the expenses incidental thereto. 5. The Director of Public Works andlorthe Director of Finance. of Petaluma~is hereby designated. as the person 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, GA 94952, or by calling; 707-778-4474. 5 ATTACHMENT 2 A RESOL1TION OF`PRELIIVIINARYAPPROVAL OF ENGIN'EER'S REPORT FOR LANDSCAPE ASSESSMENT DISTRICTS r FISCAL YEAR 201.0=2011 .WHEREAS; the. City Council of Petaluma did adopt thaf.certain Resolution, Describing Improy,ements and Drestrig Preparation ofEngineer''s Report for fiscal year 2010-2011, pursuant to the Landscaping and.Lighting,Act of 972, Streets and Highways Code sections 22500 et. seq., of the :State of `Cal'i-forma, for the Landscape Qssessrnent Districts in said City, listed in Exhibit A of the Engineer's Report on, file, and did refer the proposed :improvements to the Engineer of Work,,and did therein direct said Engineer of Work to prepare and fle with City Clerk report on the districts, in writing, all as therein more particularly described, pursuant to the Landscaping and Lighting Act of 1972.. WHEREAS;. said Engineer`of Work.. prepared..and;filed'with the City Clerk of said City reports on the districts, in writing; as called for in said.Resolution,and pursuant to said Act, which report has been presented to this Council for considgration; and W>FIEREAS, said Council has duly considered the report and each;and every part thereof, and finds that each and every part of said report. is suff dent, 'and that. neither said reportt, nor any part thereof should be rnodf ed in any' respect;. BE IT RESOLVED by the City Council of the City of.Petaluma, County of Sonoma as follows: ~ - 1. That the plans and specif cations for--the existing improverrients within the assessment districts fisted in Exhibit, A. of,'the. Engneer.'s Report,. or withn,any zone thereof, contained in said report .for the :districts, be~'and.it is hereby, preliminarily :approved. 2. That the Engineer's estimate of"the itemized and total. costs and expenses of said improvements, if any; maintenance,, and of the incidental expenses in connection therewith,. contained; in said report„ be, and each- of them are hereby,. preliminarily approved. 3: That the diagram showing. the exterior boundaries gf'the assessment districts referred'to and described in said Resolution .and also the boundaries of:any zones ,therein and 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 f scab year-to which the report for each district. applies, each of which lot qr parcel of land has been given ;a separate' number upon said diagram, a5 :contained in said report;'be, 'and it is hereby preliminarily approved. 4. That,the 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 in proportion to the 6 estimated benefs to be received by such. parcels,.respectively, from_aaid improvements,. including the. maintenance or servicing, or both thereof, acid of the expenses incidental thereto, as contained in said:report, be, and they are hereby,, preliminarily approved.. 5. That said report. will stand, as the Engineer's ..Report for all of the individual districts as listed in Exhibit A of'the Engineer's R'eport,.for the purpose of-all subsequent proceedings to be had pursuant to said Resolution. 7 AT'PACRAERIT 3 A RESOLUTION' OF INTENTTON `$'O ORDER TIE LEVY AND COLLECTION. OE ASSESSIVIIJ'NTS PURSUANT TO THE L" ANDSGAPING AN.D LIGHTING .ACT OF 1972 FOR __ LANDSCAPE ASSESSMENT DISTRTC'TS FISCAL Y'EAR.:2010-2011 WHEREAS, pursuant to that: certain Resolution, describing improvements sand directing preparation of Engineer's Report for, fiscal year 2010-20`1'L, Laridseape Assessment.Districts, adopted by the City Council of Petaluma, pursuant~to; the Landscaping and Lighting Act of 1972, Streets and Highways Codeseetions;22500 et seq:, the Ergneer of Work ofsad City has prepared and filed with. the. City Clerk of this-City the written report for the districts listed in Exhibit A of the Enginneer's report.on f 1e, called for under said Act and by that: certain Resolution, said report has"been submitted and preliminarily, approved by this Council in accordance with said Act • NOW, THEREFORE, IT' IS HEREBY FO1ND, DETERMINED AND ORDERED; ~as follows; 1,. In its opinion, 'the public interest.and' convenience, require,. aril:it is the:intention of this Council to order tfie levy and collection of assessments for fiscal year'20.10-20 T 1•, pursuant to the.provisions of the Landscaping, and Lighting,Act of 1972, Streets and Highways Code sections 22500 et seq. of the State of: California, for .the construction or installation of the improvements; if'any,. including the,.mantenance„more particularly described for each and .every district in Sections III"~ and IV of the Engineer's Report on file: 2, The cost.and expenses of said,improvements, ~if. any, for each assessment.district, including the maintenance, are to be made chargeable upon the said assessment district the. exterior boundaries of which district are the•composte and:consolidated area, as more particularly .described. on a map thereof on frle in the office of he 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 fihe .general. location: of sad'districts.:, 3:; ;Said'`Engineer's Report;for the: districts prepared by the. Engineer of Work of said City, preliminarily approved by this Counc ,and on file with,the City Clerk, is hereby referred to for a furl and detailed' description of the irriprovements, the boundaries of tfie'assessment district and any"zones. therein,, and the proposed assessments upon. assessable-lots and parcels of land "within the distr-icts. 4. Notice is hereby ,g-ven that Monday; .Jul:y 1,2, 201.:0,'af the~:hour of'7:00 PM, in the .regular meeting place of-said Council, Council, Chambers; City Hall, 11 English Street, Petaluma, California,. be,and the same is hereby appointed and fixed as the time: and. place for a hearing 8 by this. Council on the .question of"the levy sand collection of the proposed. assessments for each~district for "the construction or°installaton:of said.improvements;,ifavy; including he ~. maintenance, and: when. and where:"~t will consider gall statements and' all written protests made or filed Eby any interested .person at or before the conclusgn of said hearing, against aid improvements,"the::boundaries of,eaeh assessment.district and any zone;"therein, the . proposed diagram or the proposed :assessments,, to the Engineer's estimate of the cost thereof,, and when and where .it will consider and finally ;aci upon the -Engineer's Report for the districts. " 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 riewspaper 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 (1`0) days prior to the 'date of hearing- specified herein. 6, The Director of `'Public Works and/or the Director of Finance ,of said Ct-y is hereby des>gnated as the person to answer 'inquiries regarding: any protest proceedings. to be had he"rein; :and may be contacted during-regular off ce hours at the Petaluma "City Hall, L1 English Street, Petaluma, CA 94952; or by calling 70.7=77&-4474... 1:4'346:13.1 9 #, of Parcels Assessed Project Number Landscape,District 74 44 40 100 T4 151 185 41 83 177 40 82 59 110 78 19• 71 79 200 167 445 180 117 75 124 53 21 30 3 203 12 28 42 236 19 97 37 Z8 92 216 59 9 45 326 4,385 snrzolo LAD076900 CORONA'CREEK'Q LAD077000 AMERICANA LADOZ7100 KINGSFIELD LAD077200 CQSA-.DEL~:ORO LAD077500 MCNEARaLAND(NG LAD077600 FAIRVdAY`MEADOWS L9D077700 GLENBRQOIZ LAD077900 MEADOW PARK LAD078000 TWIN GREEKS LAD078100 PARKIPLAEE LAD078200 WOO DSIDE~VII:'LAGE LAD078300 SHELTER'HICLS LAD078400 SPRING MEADOWS: LAD078500 STJAMES'ESTATES LA1J078600 VILLAGE EAST LAD078700 VILLAGE MEADOWS LAD078800 CROSS CREEK_ LAD079000 WESIRIDGE. LAD079100 SONOMAGLEN' SF SONOMA,GLEN TH LAD079200 MOUNTAItJ VALLEY LAD079300 KINGSMICL LAD079400 COUNTRY CLUB ESTATES LAD079500 CADER FARMS LAD079501 CADER FARM HIGHLAND 1AD079600 CRANE GLEN LAD079700 HILLVIEW, OAKS LAD079800 TATUM LAD079900 GRAYSTONE GREEK LAD092600 MAGNOLIA'T,ERRACE LAD092700 WISTERIA LAD092900 WESTVIEW`ESTATES LAD093000 WILLOW GLEN LAD093100 STONERIDGE LAD093200 LANSDOWNE LAD093300 ADOBE WEIR, LAD093500 WASHINGTON CK VILLAGE LAD093600 TURNBRIDGE LAD093700 STRATFQRDPLACE LAD093800 SOUTHGATE LAD093900 RIVER\71EW LAD100100 UNALLOCATED LAD100110 SEQUOIA"ESTATES LAD100120 SYCAMORE HEIGHTS LAD100130 ADOBE.CREEK LAD100140 BENSON'ESTATES LAD100150 FACTORY OUTLET TOTALS City of Petaluma Landscape Assessment Districts F"Y 1Q11 Assessment Summary Beginning Assessments Maintenance & Ending Balance Levied Total Sdurces Adinin_Costs Balance (1-.0 ) 1,99 $ 9 80 62 $ 12.369 $ 6:216 $ 18,585 $ 847 $ 17,739 $ (8.888) $ 7.127 $ (1961j $ 5,141 $ (6;901) $ 7,376 $ 4.000 $ 11,376 $ 2.370 $ 9;006 $ 12.595 $ 3:700 $ 16;295 $ 1:799 $ 14;496 $ 606 $ 700 $ 1.306 $ 91 ~$ 1,214 $ 911 $. 3;31'0 $ 4.221 ~$ 919 $ ,31303 $ 10:150 $ 13;875 $ 24,025 $ 7:192 $ 16;832 $ {13:520) .$ 7:193 $ (6.327) .$ 7.21.7 $ (13:544) $ 2.240 $ 4,055 $ 6:298', '$ 2,421 $ 3;875 $ ~ 43,873 ~$ 19:188 $ 63.060 $ 7;507 $ 55:553 $ 29:459' $ 5?000 $ 34.459' $ 5;947 $ 28,512 $ 3.234 $ 2F150 $ 5.885 . $' 658 $ 5;226 $ 9;6ZZ ~$ 3`194 $ 12.872 ~$ 1.278 $' 1:1,594 $ 3,5591 $ 2:080 $ "5.639 $ 506 $ 5;,134 $ 16.382• $ $ 16:382. $ 2.138 $ 14'243 $ 6,4.42. $ 2(850 $ 9;292 $ 1.201 $ 8:091 $ 23,897 $ 1.775 S :25673 $ 595 $ 25:078 $ (190) $ 8':363 $ 8.1:73 $ 3:730 $ 4;443 $ 21.414 $ 10,000 $ 31.414 $ 6.595 $ 24;819 $ (26,237)' $ 19.287 $ (14,950) $ 9,396 $ (24.397) $ (73.557) $: 19.464 $ (54.093q, $ 14.291 $ (68;383) $ 4.079 $ 12;060 $ 16:138 $ 7.233 $ 8;407 $ 476, $ 10:230 $ 10.706 $ ,7,026' $ 3',680 $ (17:1), $ 7;500 $ 7;329 $ ,7:078 $ 251 $ 219 $ 231569 $ 23.280 $ 21.436 '$ 2,344 $ (15.812) $ 6:625 $ (9187); $ '5:056 $ (14.243) $ 1.030 $ 1:323 $ 2.353 $ 735. '$ 1;619 $ (239) $; 1'.200 $ 961 $ 1,200 $ '(239) $ (76), $ 45 $ (31) $ 30 $. (61j $ 4T $ 20`:300 $ 20 347 $ 16:098 $ 4;248 $ 4,38T $ - $~ '4',387 $ - $ 4,387 $ 5;599.. $ 1;680 $ 7279, $ 609 $, 6,670 $ ,25;981 $ 5250 $ 31231' $ .2,674• $ 28!556 $ (19,591p $ 30,680 $ 11089 $ 29.430 $ (18'342) $ 25:919. $ 4;465 $ 30,384 $ 1,902 $ 28,483 $ 40.908 $ - $ 40.908 $ 4,1.11 $ 36:797 $ 67~,878~ $., - $ 67.878 $ - $ 67,878 $ 5.204 $ 12,839 $ 18.043 $ 15,087 $ 2,955 $ (202) $ 9.795 $ 9.593 $ 6.441 $ 3,152 $ 21.078 $ 11.847 $ 32.925 $ 2:033 $ 30,893 $ 82.939 $ 61.636 $ 144,574 $ 64:815 $ 79,759 $ 28.614 $ 14.820 $ 43,434 $ 3.197 $ 40,237 $ 34.474 $ 415 S 34;889 $ 7.150 $ 27,739 $ 20 $ - $ 20 $ - $ 20 $ 9,602 $ 1.544 $ 11,147 $ 354 $ 10.793 $ (100) $ - $ (100) $ - $ (100) $ 966 $ - $ 966 $ - $ 966 $ 2.436 $ - $ 2;436 $ - S 2,436 $ 406.928 $ 375,338 $ 782:267 $ 286,838 $ 495,429 FY10-11 Net FY09-10 Net Assessment Assessment Per Parcel Per Parcel %. 84:00 $ 8¢:00 0.0%' 161...98 $ 158:80 2.0:/ 100.00 $ 100:00 0.0 /o 37.00' $ 37.00 0.0% 50.00 $ 50'.00 0.0% 21.92 S 21.49 2.0;/0 -75:00 $ 75:00 0.0°% 175:4'4 $ 1.75.44 0.0°k 48':86; $ 48'86 0.0°k 108'.41 $ 106;28 ' 2-.0% 125,00 $ 125.00. 0:0 ;26:22. -$ - 25:71 2.0% i54~.:14 $ 54:]4: ~0.0% 18.91 -$ 1,Bk91 0 0% - '$ 76:86 `- 100.0% 150.00 $ 150.00. 0.0°k 25.OOI $ 64:70 -61.4% 105.87 $ 103.79 2 0°k '50.00' $ 50,00. 0.0"/0 62.59 $ 66.26 2:0% 49.61 $ 48:64 2.0% 31,21 $ 31.00 2.0% 67.00 $ 67.00. 0.0°k 87.43 $ 8572! 2.0% 100.00 $ 100:00 -0.0% 190.0,1. : $ 1 86;28 :2.0% 125'.00. $ . 125:00; ~0.0% .63,07 $ 61,78: 2;0°k .40:00 $ 40:00 0.0% 15'.00 $ 15'00 0.0% 100.00 $ 100'.00 0:0% - $ - 0.0% 60.`00 $ '60.00. 0:0% 125:00 $ 125'.00 0.8% 130:00 $ 130.00 0.0 235:00 $ 235:00 0.0% - $ - 0.0°k - $ - 0.0°k 342:00 $ 347.00 0.0% 125.58 $ 125.58 0.0% 128.77 $ 128.77 0.0% 285.35 $ 285.35 0.0 235.24 $ 235.24 0.0"/0 - $ - 0.0% 34:32 S 34.32 0.0% - $ - 0.0% - $ - 0.0% - $ - 0.0% 0