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HomeMy WebLinkAboutAgenda Bill 5.B 08/02/2010~, ~ ~ , ~ r , _ ,, ;~ ~- ,,,; X85$, DATE: August 2, 2010 ~lgItevw#5.3 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Vince Marengo; Director of Public Works. SUBJECT: Public Hearing to Receive Public Comment;,-Amend the Engineer's Report If Necessary, and,Adopt; a Resolution Ordering: _the. Improvements and Confirming the Diagrams and Annual. Assessments for Landscape Assessment Districts Fiscal Year 201.0 201.1 R1EC®1VIM~>ENDATION: It is recommended. that the City,. Council receive public comment, amend the Engineer's Report if necessary, and adopt the attached. resolution ordering ,the improvements and confirming the diagrams and annual assessments for Landscape Assessment Districts FY 10-11. BACKER®UND: The City has established ..landscape assessment districts (LADS) for-many subdivisions that feature public landscaped areas. The requirements are idenff ed in they 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 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. The Landscaping and Lighting.Act of 1972 requires that an engineer's report be completed. State Law (:California Constitution, Article XIIID, Prop. 21.8) requires the property owners ~in'the~ districts 6e given,,.45 .days mailed .notice of a hearing, and be provided a ballot and balloting ~nstn.ictions if the proposed.assessment will increase-the amount, formula, or range of assessments initially adopted. Since:no FY l 0-1;1assessmentsare being i_ncrcased b`ey'ond:the original or voted on level, there is no required balloting, As well, notif'cation'is required by publishing the meeting dates and times in the local newspaper ten days prior to the meeting,, whicfi'has been completed. On June 21, 2010,. the City Council held.. a public meeting to hear property owners' questions and i This e ublic hear' ng "the setting of Landscape Assessment District (LAD) annual assessments:. p ing, August 2, 2010, i`s to hear additional comments. At the conclusion of the Agenda Revie '~•~ ~~/V ~. Dept. Director City,Attomey Finance Director City Mana ~. ~ ' i o. g„ y cil must adopt a.resolution setting the annual assessments in order to hearm the Cit Coun ,i~~'~~„' ~~i °~'' ~~~i collec`t~as'sessments'for FY10-11_ ~ ~~ I)ISCIISSION: The public meeting held June 21, :20.10, and this August 2,.2010 public .hearing were ,posted and published according to requirements. The public hearing is to adopt the annual. assessments. The only recommended change into the Village East LAD, from $64.`70 to $25.00, due to a high fund ;; . ! balance and minimal maintenance: The resolution and assessments will, be submitted to the Sonoma County Auditor-Control~l'er, ~to' be added to the 2010-2~0~11 property tax bill sent to the property owner in the fall. Payments of the assessments are due with, the property tax bills on December 10, 2010, and A~pnl 1,b~;~201 1. ' `'~„ ~ ~ ~ Please~~note, portions of the approval legislation will be segmented into separate resolutions for ~~~ ~~ ~ '~'~' ~ ~~~ 'specific LADS to deal with the likelihood that certain council~members may recuse themselves . ~ om making decisions on LAD assessments for properties within 500' of real property fr ~~ that council members own or have interest in. r „~„ FINANCIAL IMPACTS:' Total Cost. of Proposal. or Project: $ N/A Amount-Budgeted: $ 286,838 Name of Account: Landscape Assessment Districts Account Number: 251'.0.25100 ATTACI~MENTS 1. Resolution 2. Conflict of'Interest Map ,, .. 2 bRDERING THEE IMPROVENdENT'S AND CO A~`~'TACd°B~A~~9`tr 1 t ~~~ ~~`' ~ °"`~~'' ~' '° ~~ ~ `R1ES'O '"UTION ~ ~ NFIRMING THE DIAGRAMS AND ANNUAL. ASSESSMENTS FOR IJANDSCAPE ASSESSMENT' _,, ~~ ~~ ~ IDIS~'~RICTS'`~FISCAI. YEAR2010-20,11 ~. WHEREAS, on June 21, 2010, the City Council. adopted ..Resolutions No. 2010-117A ,~ -' arid20`10-117B N.C.S., Describing Improvements aril Directing Preparation of Engineer's Report for Fiscal Year 201.0-2011 for the Landscape Assessment Districts, listed in Exhibit A of the Engineers Report on file, pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, on June 21, 2O1Q, the City Council adopted Resolutions No: 2010-118A and 201'0-118B, Preliminary Approval of Engineer's Report for Landscape Assessment Districts, Fiscal Year 2010-2011; and WHEREAS, the report was duly made and filed 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 thereof and found that it contained all the matters and things, called for by the provisions of said Act and said Resolutions, including plans and specifications of the- existing improvements listed in Exhibit B of the Engineers Report on file, and (1) the. proposed°:new improvements; (2) estimate of costs; (3) diagrams of the districts; and (4) assessments according to benefits, all of which were done in the form and manner 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, as amended, for all subsequent proceedings "under. said Act, whereupon said Council, pursuant to the requirements of said. Act, appointed Monday, August 2, 2010, at the hour of 7:0,0 PNl of said day in the regular rneetingplace of said~Council,, Council Chambers, City Hall', 11 Eng-lish Street, Petaluma, .California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance, thereof, for Fiscal Year 2010-2011, and directing said Council to give notice of said. hearing as required by said Act; and WHEREAS, notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced. bythe 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, or any zones therein, or to the proposed assessment's or ..diagrams or to the Engineer's estimates of costs thereof; filed 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 considered by said Council. 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma; County of Sonoma, 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 2010-2011 have been received and considered. 2. That the public interest,, convenience and necessity require; and said Council does hereby order, the levy and .collection of assessments pursuant to said_Act, for the construction or installation of the improvements, including the maintenance, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the Landscape Maintenance Assessment Districts and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance, thereof, are situated in the City of Petaluma, California, and are more. particularly described by reference to maps 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 district, and of any zone thereof and the general location of each district. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment districts or'`within any zone thereof contained in said report, be, and they are 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 as amended, be, and they are hereby finally adopted and approved. 6. That the public interest and' 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 made for a more particular description of said improvements. 7. That the diagram.. showing. the exterior boundaries of the assessment districts referred to and described. in said Resolutions; and also the boundaries of any zones therein, and the; lines and, dimensions of each lot. of parcel of land within each; district, as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which 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 the assessments of the total amount of the costs and expenses of the said improvements, if any, upon the several lots or parcels of land 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 finally approved and confirmed. 4 ATTACHMENT 2 '', Conflict of Interest Boundaries with LAD Boundaries Based upon a 50o foot offset from the primary residential property and secondary properties '~~Lb^r Y"~/ tB68 City of Petaluma California Council and Commissions City Council Primary Property City Council Secondary Property Boundaries ~___ I City Limit ~ ~UGB ~----1 LADS N W E S iM 0 150 I,SOa ],4]0 1.9] 4aW Jana 4a)'49, 4004 Sonoma Couah Petaluma PeciNc Ocea^ G1SDivision Cryrot Pnalum] ]iu;)nu~.~so It Engl'nh S] 015(ry~i.petaluma.ro.ux Petaluma, G9i4H 5