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HomeMy WebLinkAboutStaff Report 4.B 07/03/2017DATE: July 3, 2017 Agenda Item #4.B TO: Honorable Mayor and Members of the City Council through City Manager tl 411", FROM: Dan St. Jhi1 SCE —Director, Public Works &Utilities Ron deNicola — Parks & Facilities Maintenance Manager SUBJECT: Public Hearing and Resolution Approving the Tabulation of Ballots for the Assessment Update for the Southgate Landscape Assessment District Approving or Rejecting the Update RECOMMENDATION It is recommended that the City Council hold a Public Hearing and Adopt the Resolution Approving the Tabulation of Ballots for the Assessment Update for the Southgate Landscape Maintenance Assessment District Approving the Update — Not a Majority Protest, or, alternately, if the annexation ballot receives the required majority protest votes, adopt the attached Resolution Approving the Tabulation of Ballots for the Assessment Update for the Southgate Landscape Maintenance Assessment District Rejecting the Update — Majority Protest. BACKGROUND The Southgate Landscape Assessment District (LAD) was formed in 2005. Assessments are itemized on homeowners' annual property tax bills, have been collected since 2006. The Southgate Subdivision has 242 single-family homes, of which 26 parcels were incorporated into the Housing Land Trust (HLT) of Sonoma County. However, the HLT homes were not included in the Southgate LAD assessment tax rolls by the original developer, Delco. As a result, 216 Southgate homeowners have been paying the annual assessment while the 26 units in the HLT system have not paid for the past eleven years. The discrepancy became known to the City in 2016 through conversations among residents in the subdivision. The annual LAD assessment funds the maintenance of all common landscaped areas, irrigation, and street lighting in the subdivision, as described within the Engineer's Report, included as Attachment 4. The purpose of the proposed action is to annex the 26 excluded parcels into the Southgate LAD and require them to pay the same annual assessment as the other included parcels. The annual fee was set at $285.35 for FY 16/17, which would decrease to $250 with the addition of the 26 parcels. DISCUSSION This item was introduced at the June 19, 2017 City Council meeting and was continued to the July 3, 2017 meeting. The purpose of the proposed action is to annex the 26 HLT parcels into the Southgate LAD. It will still be necessary to set the fiscal year 17/18 parcel assessment, which will be done at the same time with all 45 City LADS in July.. In partnership with the HLT of Sonoma County, the City mailed letters on December 5, 2016 to each of the 26 HLT parcel owners describing the LAD assessment process and the need for a formal ballot process for approval to add them to the Southgate assessment roll. Ballot packets were mailed to the parcel owners on March 29, 2017, including a Notice of Property Assessment Update and setting of a Public Hearing for June 19, 2017, and an Engineer's Report in compliance with the Streets and Highway Code sections 22565-22574 describing the Southgate Landscape Assessment District maintenance areas and estimated costs. A Public Notice announcing the Public Hearing was published in the Argus Courier at least ten days prior to the date of the hearing. The notice included the total amount of the proposed assessment for the entire LAD, the amount charged to the record. owner's parcel, duration of payment, reason and basis for assessment, time and date of the public hearing, balloting procedures, and opposition process. Only homeowners who are subject to annexation can vote. Unlike the original LAD formation process and the subsequent annual setting of assessments, which require a public meeting followed at a later date by a public hearing, annexation only requires the public hearing that was noticed in the materials provided to homeowners. The proposed action meets Council Goal: "Improve and enhance fiscal stability and sustainability". FINANCIAL IMPACTS There is no financial impact to the City because the total assessment for the Southgate LAD, $60,500, will remain the same. ATTACHMENTS L Resolution Approving the Tabulation of Ballots for the Assessment Update for the Southgate Landscape Maintenance Assessment District Approving the Update — Not a Majority Protest 2. Resolution Approving the Tabulation of Ballots for the Assessment Update for the Southgate Landscape Maintenance Assessment District Rejecting the Update — Majority Protest 3. Engineer's Report W RESOLUTION APPROVING THE TABULATION OF BALLOTS FOR THE ASSESSMENT UPDATE FOR THE SOUTHGATE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT APPROVING THE UPDATE — NOT A MAJORITY PROTEST WHEREAS, the City of Petaluma ("City") is responsible for managing the Southgate Landscape Maintenance Assessment District ("District"); and WHEREAS, on or before May 1, 2017, in conformance with the requirements of Article XIIID of the California Constitution and Sections 53750 et seq. of the California Government Code the City of Petaluma provided to all 26 property owners of record in the District that are to be annexed into the District a "Notice of Property Assessment and Public Hearing" ("Notice"), of the public hearing on the Assessment Update and set a public hearing on the Assessment Update for June 19, 2017, which hearing was then continued to July 3, 2017; and WHEREAS, the City provided with the Notice a ballot for each owner of record of the 26 parcels that are to be annexed into the District. to approve or disapprove the proposed Assessment Update; and WHEREAS, on July 3, 2017 the City Council conducted a public hearing on the proposed Assessment Update in accordance with the Notice, provided the public with an opportunity to comment on the Assessment Update, and considered all protests to the Assessment Update; and WHEREAS, the City Clerk received sealed ballots representing properties prior to the close of the public testimony portion of the public hearing; and WHEREAS, after the close of the public testimony portion of the public hearing, the City Council directed that the sealed ballots be opened in public and tabulated by impartial persons as provided by law. The tabulation of ballots indicated the following: Single-family parcels voted in favor of the Assessment Update and annexation into the Southgate LAD Single-family parcels voted against the Assessment Update and annexation into the Southgate LAD Ballot(s) were disqualified as lacking an indicated vote, votes inconsistent with the type of parcel ownership, lack of original signatures, improper or late receipt or other disqualifying conditions consistent with the Notice and provisions of State law, including Government Code sections 53750 et seq. NOW THEREFORE BE IT RESOLVED, after a duly noticed public hearing held on July 3, the City of Petaluma has determined from the tabulation of property assessment ballots that there is not a majority protest to the Southgate Landscape Maintenance Assessment District Assessment Update, resulting in approval of the Southgate Landscape Maintenance Assessment Update. Attachment 2 RESOLUTION APPROVING THE TABULATION OF BALLOTS FOR THE ASSESSMENT UPDATE FOR THE SOUTHGATE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT REJECTING THE UPDATE — MAJORITY PROTEST WHEREAS, the City of Petaluma ("City") is responsible for managing the Sonoma Glen Landscape Maintenance Assessment District ("District"); and WHEREAS, on or before May 1, 2017, in conformance with the requirements of Article XIIID of the California Constitution and Sections 53750 et seq. of the California Government Code and set a public hearing on the Assessment Update for July 3, 2017 the City of Petaluma provided to all 26 property owners of record in the District that are to be annexed into the District a "Notice of Property Assessment and Public Hearing" ("Notice"), of the public hearing on the Assessment Update; and WHEREAS, the City provided with the Notice an assessment ballot for each owner of record of the 26 parcels that are to be annexed into the District to approve or disapprove the proposed Assessment Update and a copy of the Engineer's Report; and WHEREAS, on July 3, 2017 the City Council conducted a public hearing on the proposed Assessment Update in accordance with the Notice, provided the public with an opportunity to comment on the Assessment Update, and considered all protests to the Assessment Update; and WHEREAS, the City Clerk received sealed ballots representing properties prior to the close of the public testimony portion of the public hearing; and WHEREAS, after the close of the public testimony portion of the public hearing, the City Council directed that the sealed ballots be opened in public and tabulated by impartial persons as provided by law. The tabulation of ballots indicated the following: Single-family parcels voted in favor of the Assessment Update and annexation into the Southgate LAD Single-family parcels voted against the Assessment Update and annexation into the Southgate LAD Ballot(s) were disqualified as lacking an indicated vote, votes inconsistent with the type of parcel ownership, lack of original signatures, improper or late receipt or other disqualifying conditions consistent with the Notice and provisions of State law, including Government Code sections 53750 et seq. NOW THEREFORE BE IT RESOLVED, after a duly noticed public hearing held on July 3, 2017, the City of Petaluma has determined from the tabulation of property assessment ballots that there is a majority protest to the Southgate Landscape Maintenance Assessment District Assessment Update, resulting in rejection of the Southgate Landscape Maintenance Assessment Update. 2 Attachment 3 - Exhibit A to Resolution Engineer's Report Table of Contents Engineer's Report Southgate Landscape Assessment District ENGINEER'S REPORT SOUTHGATE SUBDIVISION LANDSCAPING AND LIGHTING ACT OF 1972 Curt Bates, City Engineer and Engineer of Work for Southgate Subdivision Landscape Assessment District, City of Petaluma, Sonoma County, California, makes this report, as directed by the City Council, Resolution No. N.C.S., pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972). The improvements which are the subject of this report, are briefly described as follows: The maintenance of all the public landscaping improvements as part of"Southgate Subdivision" consisting of plant material, trees, outdoor furniture, pathway lighting, irrigation systems, sound wall and street lighting, including electrical and water costs, located in the following public areas. Public landscape areas are defined as those areas that are irrigated from water meters separate from residential water meters. Public landscape areas include portions of land on the eastern side of Frates Road along the project frontage from the edge of pavement and back of curb to the subject property line, bounded by South Ely Road to the north and the northern right of way line of Lakeville Highway to the south; portions of land of the northern side of Lakeville Highway along the project frontage from the Caltrans right of way line to the subject property line; portions of land on the southern side of South Ely Road along the project frontage from the back of curb to the subject property line, bounded by Frates Road on the north and the southern boundary of the Urban Separator on the south; a portion of land bounded by the existing City pump station on the east, the Frates Road sound wall on the north, Lot 1 of Phase 3 on the south, and back of sidewalk on the west; the landscaped meridians on Frates Road bounded by the Lakeville Highway on the west and South Ely Road to the east. The Urban Separator is a 120' wide strip of land bounded on the north by the subject property line, the adjacent property owners property line of the south, Lakeville Highway on the west, and South Ely Road on the east. The area designated as Park on the Southgate Subdivision final map bounded by Southridge Drive on the north, the Urban Separator on the south, Southgate Drive on the east, and Tessa Way on the west. The triangular landscaped public area at the intersection of Lakeville Highway and Frates Road which is bounded by Frates Road on the north, Lakeville Highway on the south and Shern Way on the east is included. 0 SOUTHGATE LANDSCAPING ASSESSMENT DISTRICT FISCAL YEAR 2017-2018 ESTIMATED ASSESSMENT DISTRICT ANNUAL COSTS Supervision $3,700 Landscape Maintenance Regular Maintenance $9,000 Detention Basins Maintenance $5,000 Improvements and Repairs $10,000 Backflow Inspection $120 Water $10,000 Electricity $2,000 Total Maintenance Costs : 39 820 Reserve Contingency 10% $3,982 982 County Collection Tee (0.0085%) x Total Annual Assessment $514 City Administration (.15%) x Maintenance $2100 TOTAL BASE ANNUAL COSTS U&M98 Number of Parcels to be Assessed 242 Total Costs Per Parcel to w Aams d X250 Total annual assessment 560.500 7 Parcel # Owner Address 1 Owner Address 2 017460088 1779 EMMA WAY PETALUMA CA 94954 017460098 1772 EMMA WAY PETALUMA CA 94954-5797 017460086 1771 EMMA WAY PETALUMA CA 94954 017460087 1775 EMMA WAY PETALUMA CA 94954 017460095 1784 EMMA WAY PETALUMA CA 94954 017460096 1780 EMMA WAY PETALUMA CA 94954 017460097 1776 EMMA WAY PETALUMA CA 94954 017460089 1783 EMMA WAY PETALUMA CA 94954 017460090 1787 EMMA WAY PETALUMA CA 94954 017460091 1791 EMMA WAY PETALUMA CA 94954 017460092 1795 EMMA WAY PETALUMA CA 94954 017460093 1792 EMMA WAY PETALUMA CA 94954 017460094 1788 EMMA WAY PETALUMA CA 94954 017460099 1775 TESSA WAY PETALUMA CA 94954 017460100 1779 TESSA WAY PETALUMA CA 94954 017460101 1783 TESSA WAY PETALUMA CA 94954 017460102 1787 TESSA WAY PETALUMA CA 94954 017460103 1791 TESSA WAY PETALUMA CA 94954 017460104 1795 TESSA WAY PETALUMA CA 94954 017460105 1798 TESSA WAY PETALUMA CA 94954 017460106 1794 TESSA WAY PETALUMA CA 94954 017460107 1790 TESSA WAY PETALUMA CA 94954 017460108 1786 TESSA WAY PETALUMA CA 94954 017460109 1782 TESSA WAY PETALUMA CA 94954 017460111 1774 TESSA WAY PETALUMA CA 94954 017460110 1778 TESSA WAY PETALUMA CA 94954 6