HomeMy WebLinkAboutStaff Report 5.A 08/03/2015DATE: August 3, 2015
Agenda Item #5.A
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan S SCE — Director, Public Works & Utilities
Ron DeNico a — Buildings & Grounds Manager
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 2015 -2016
RECOMMENDATION
It is recommended that the City Council open the 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 2015 -2016.
BACKGROUND
The City has established landscape assessment districts (LADs) for many subdivisions that
feature public landscaped areas. The requirements are 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. The Landscaping and Lighting Act of 1972 requires that an engineer's report
be completed for each district. If the amount of any district assessment 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 ballot proceeding.
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 was completed on July 20, 2015. The August 3
Public Hearing allows the Council to confirm the proposed assessments. The public hearing is to
allow the public to provide additional comments to the Council. The notice for the public hearing
was published in the local newspaper ten days prior to the Council meeting, as required. At the
conclusion of the hearing, staff recommends that the City Council adopt a resolution setting the
annual LAD assessments in order to collect assessments for FY 15 -16.
The proposed action meets City Council Goal: "Improve and enhance fiscal stability and
sustainability ".
DISCUSSION
As discussed at the July 20 Public Meeting, 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.
Notices for the public meeting held on July 20, 2015 and the public hearing for August 3, 2015
were posted and published according to requirements. The public hearing is to hear additional
public comments and to consider adoption of the annual assessments. Upon adoption by Council,
the resolution and assessments will be submitted to the Sonoma County Auditor - Controller to be
added to the 2015 -2016 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, 2015, and April 10, 2016.
No changes in assessments other than those LADs with built -in 2% annual escalator are
recommended.
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
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's General Gund. A portion of a City employee's salary and benefits is
funded by the LADs to provide oversight of all maintenance activities and management of
contracts and finances. 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.
2
ATTACHMENTS
1. Resolution
2. 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.
3. Conflict of Interest Map.
3
Attachment 1
RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE
DIAGRAMS AND ANNUAL ASSESSMENTS FOR LANDSCAPE ASSESSMENT
DISTRICTS FISCAL YEAR 2015 -2016
WHEREAS, on July 20, 2015, the City Council adopted Resolution 2015 -115A — C
N.C.S., Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year
2015 -2016 for the Landscape Assessment Districts, listed in Exhibits A and B of the Engineers
Report on file, pursuant to the Landscaping and Lighting Act of 1972; and
WHEREAS, on July 20, 2015, the City Council adopted Resolution 2015 -116A A — C
N.C.S. Approving the Engineer's Report for Landscape Assessment Districts, Fiscal Year 2015-
2016; 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 Exhibits A and 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, for all subsequent
proceedings under said Act, whereupon said Council, pursuant to the requirements of said Act,
appointed Monday, August 3, 2015, at the hour of 7:00 PM in the Council Chambers, City Hall,
11 English 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 2015 -2016, and directed City staff 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 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, or 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 considered by said Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the 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 2015 -2016, 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.
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