HomeMy WebLinkAboutStaff Report 5.D 07/20/2015Agenda Item #5.D
DATE: July 20, 2015
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 2015 -2016 Annual
Assessment for Landscape Assessment Districts; Resolution Providing
Preliminary Approval of Engineer's Report for Landscape Assessment Districts,
Fiscal Year 2015 -2016; 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 2015 -2016
RECOMMENDATION
It is recommended that the City Council hold a public meeting, and adopt the three attached
resolutions, as follows:
1. Resolution Describing Improvements and Directing Preparation of Engineer's Report for
Fiscal Year 2015 -2016 Annual Assessment for Landscape Assessment Districts
2. Resolution Providing Preliminary Approval of Engineer's Report for Landscape Assessment
Districts, Fiscal Year 2015 -2016
3. Resolution of 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 2015 -2016.
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 approximately 48
subdivisions that feature public landscaped areas, as identified in the conditional 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, as required by the California Streets and Highway Code (SHC) Section 22620
through 22631, the City Council must initiate a process to set the annual assessments for the
Landscape Assessment Districts in order to assure sufficient funds to provide the necessary
landscape maintenance. The process requires a Public Meeting to hear testimony and approve the
three subject resolutions contained herein, which is scheduled for July 20, 2015. A Public
Hearing scheduled for August 3, 2015 will allow the Council to confirm the proposed
assessments.
The proposed action meets Council Goal: "Improve and enhance fiscal stability and
sustainability ".
DISCUSSION
The Landscape and Lighting Act of 1972, which is codified in the above referenced section of
the SHC, requires the following steps:
• Adopt resolution describing new improvements, which there are none, and order
preparation of engineer report.
• Approve engineer report, including Exhibits A and B which summarize fund balances,
projected levies, maintenance costs, per parcel assessments, increases /decreases, and
expenditure details including number of parcels per LAD.
• Adopt resolution declaring intent to levy and collect assessments; description of existing
and proposed improvements, uses distinctive LAD description and indicates general
location, refers to engineer report on file with City Clerk, give notice of public hearing,
and state whether assessments are proposed to increase.
The above steps can be accomplished by adopting the subject three resolutions.
At the August 3, 2015 public hearing, Council may adopt a resolution confirming the
assessments for FY 16. This must occur before August 10 to make assessments valid for FY 16.
No changes in assessments other than those LADs with a built -in 2% annual escalator are
recommended. Through concerted water conservation efforts, reduced maintenance costs, and
competitive bidding over the course of the last several years, staff has turned LADs with
negative fund balances in a positive direction. Staff expects this trend to continue. Based on
Attachment 4, there are ten LADs projected to have a negative fund balance at the end of FYI 6,
four of which are inactive. Over half of the LADs are projected to have a high ending fund
balance defined as greater than 6- months of operating costs. Some of these LADs have built -in
escalators that may not be needed and some have project needs that have been deferred during
the drought. During the next year, staff will develop strategies to lower these high fund balances
over the next few years.
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.
2
The Landscape Assessment Districts Fund 2510 has an estimated beginning balance of $457,319.
The amount budgeted for FY 2015 -2016 expenditures is $315,972. There are 12 LADS with
built -in 2% annual escalator per their LAD formation documents.
ATTACHMENTS
1. Resolution Describing Improvements and Directing Preparation of Engineer's Report for
the Fiscal Year 2015 -2016 Annual Assessment for Landscape Assessment Districts.
2. Resolution of Preliminary Approval of Engineer's Report for Landscape Assessment
Districts for FY 2015 -2016.
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 2015 -2016.
4. Exhibit A of Engineer's Report - Landscape Assessment Districts FY 15 -16 Assessment
Summary and Exhibit B of Engineer's Report — LAD FY 2015 -2016 Expenditures and
Revenues.
5. Map: Conflict of Interest Boundaries with LAD Boundaries
® Item listed below are large in volume and are not attached to this report, but may be viewed in the
City Clerk's office.
6. Engineer's Report
3
Attachment 1
RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION
OF ENGINEER'S REPORT FOR FISCAL YEAR 2015 -2016
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 seq., 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 2015 -2016 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
0
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.
5
Attachment 2
RESOLUTION PROVIDING PRELIMINARY APPROVAL OF
ENGINEER'S REPORT FOR
LANDSCAPE ASSESSMENT DISTRICTS
FISCAL YEAR 2015 -2016
WHEREAS, the City Council of Petaluma adopted its Resolution Describing
Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2015 -2016 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 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 Exhibits A and B
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 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 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.
I
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 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 the purpose of all subsequent proceedings to be had
pursuant to said Resolution.
7
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 2015 -2016
WHEREAS, on July 20, 2015, the City Council of Petaluma adopted a Resolution
Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2015-
2016 Annual Assessments for Landscape Assessment 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 Cleric 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:
1. 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 2015 -2016, 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 approved by this Council and on file with the City Clerk is hereby
referred to for a fall 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, August 3, 2015, 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 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.
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