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HomeMy WebLinkAbout8A-LandscapeAssessmentDistrictsA Auaust 4, 2008 CITY OF PETALUMA, CALIFORNIA AGENDA BILL Agenda Title: Meeting Date: August 4, 2008 FY 08-09 Landscape Assessment Districts Public Hearing and setting of annual assessments. Meeting Time: ❑ 3:00 PM 21 7:00 PM Category: ❑ Presentation ❑ Consent Calendar 0 Public Hearing ❑ Unfinished Business ❑ New Business Department: Ditec:or: Contact Person: Phone Number: Parks & Recreation Scott Brodhun Ron DeNicola 707-778-4321 Cost of Proposal: $0 Name of Fund: Landscape Assessment Districts Amount Budgeted: FY 08-09 Maintenance & Administration Costs Account Number: 2510.25100 Recommendation: It is recommended that the City Council take the following action: • Open the public hearing and hear public comment on the LADS and recommended assessments. • Amend the Engineer's Report if necessary. • Adopt the resolution levying the 2008-2009 annual assessments. Please note, portions of the approval legislation will be segmented into separate resolutions for specific LADS pursuant to 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 that Council Members own or have interest in. Staff is not recommending raising any of the 08-09 assessments over original or voted on levels. Summary Statement: On July 21, 2008, the City Council held a public meeting to hear property owner's questions and concerns regarding the setting the Landscape Assessment Districts (LAD) annual assessments. The public hearing, August 4, 2008, is to Bear additional comments. At the conclusion of the hearing, the City Council should adopt a resolution setting the annual assessments for FY 08-09. Attachments to Agenda Packet Item: A. Resolution Ordering The Improvements and Confirming 1"he Diagrams and Annual Assessments for Landscape Assessment Districts FY 08-09. B. Subdivision Landscape Assessment Districts FY 08-09 Assessment Summary. Reviewed bv Admin. Svcs.,Dir: Reviewed by City Attorney: Approved'bl City Manager. CAN t/� Date: Date: Date: Rev. # Date Last Revised: File: FINAL CITY OF PETALUMA, CALIFORNIA AUGUST 4, 2008 AGENDA REPORT FOR FY 07-08 LANDSCAPE ASSESSMENT DISTRICTS ANNUAL ASSESSMENTS PUBLIC HEARING AND SETTING OF ASSESSMENTS RECOMMENDATION: It is recommended that the City Council take the following action: • Open the public hearing and hear public comment on the LADS and recommended assessments. • Amend the Engineer's Report if necessary. • Adopt the resolution levying the 2008-2009 annual assessments. Please note, portions of the approval legislation will be segmented into separate resolutions for specific LADS pursuant to 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 that Council Members own or have interest in. Staff is not recommending raising any of the 08-09 assessments over original or voted on levels. BACKGROUND: The City has established landscape assessment districts (LAD) 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 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. 218) requires the property owner's 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, fonnula, or range of assessments initially adopted. Since no FY 08-09 assessments are being increased beyond the original or voted on level, there is no required balloting. Notification is required by publishing the meeting dates and times in the local newspaper ten days prior, which has been completed. As well, property owners within a district that is recommended for a change in assessment were sent individual letters. -13 DISCUSSION: Staff is recommending several changes for the FY 08-09 LAD Assessments: Willow Glen has been trending toward a deficit due to the costs of water, maintenance and repairs. The current assessment is $100, thus it is recommended that the assessment be raised to $130. The recommended assessment does not exceed the original assessment of $329.39, and therefore does not require a ballot vote. Country Club Estates maintenance and water costs exceed its assessment revenues. The current assessment is $75, thus it is recommended that the assessment be raised to $100. The recommended assessment does not exceed the original assessment of $199.57, and therefore does not require a ballot vote. Mountain Valley has been trending toward a deficit due to the costs of water and maintenance. The current assessment is $57.02, thus it is recommended that the assessment be raised to $67. The recommended assessment does not exceed the original assessment of $75.71, and therefore does not require a ballot vote. Stoneridge has a large balance reserve and low expenses. Its current assessment is set at $235, thus it is recommended that the assessment be lowered to $0. Spring Meadows has a large balance reserve and low expenses. Its current assessment is set at $76.86, thus it is recommended that the assessment be lowered to $0. The public meeting held July 21, 2008, and the public hearing on August 4, 2008, were posted and published according to requirements. The public hearing is to adopt the annual assessments. The resolutions and assessments will be submitted to the Sonoma County Auditor -Controller to be added to the 2008-2009 property tax bill sent to the property owner in the fall. Payments of the assessments are due December 10, 2008, and April 10, 2009 with the property tax bills. 4. FINANCIAL IMPACTS: Delay in approving the recommended resolutions may prevent assessment collections by Sonoma County (deadline for submission of assessments is August 12"i). Not acting may require the city to use general funds to maintain the landscape assessment districts. 6 A RESOLUTION ORDERING 7 THE IMPROVEMENTS AND CONFIRMING 8 THE DIAGRAMS AND ANNUAL ASSESSMENTS 9 FOR to LANDSCAPE ASSESSMENT DISTRICTS 11 12 13 14 15 16 17 18 19 20 21 1)1) 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 FISCAL YEAR 2008-2009 WHEREAS, the City Council adopted its Resolution Nos. 2008-142A, B, C, D, E, N.C.S. Describing Improvements and Directing Preparation of Engineer's Report for fiscal year 2008-2009 for the Landscape Assessment Districts, listed in Exhibit A of the Engineers Report on file, pursuant to the Landscaping and Lighting Act of 1972; WHEREAS, each report was duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to the Council for consideration; 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 Resolution Nos. 2008-143A, B, C, D, E, N.C.S. 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; 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 4, 2008, at the hour of 7:00 PM of said day in the regular meeting place of said Council, Council Chambers, City Hall, 11 English Street, Petaluma, California, as the tirne 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 2008-2009, and directing said Council to give notice of said hearing as required by said Act. 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, filed written protests with the City Clerk of said City 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; 4 BE IT RESOLVED by the City Council of the City of Petaluma, County of Sonoma, as 5 follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 2008-2009 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 Cleric 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 it is 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 Resolution No 2008-143A, B, C, D, E N.C.S, 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 it is 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 is hereby finally approved and confirmed. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. That the assessments included in said Engineer's report, as amended, for certain assessment districts are to be credited by the amounts shown in Exhibit D of the Engineer's report on file with the City Cleric, for the FY 2008-2009 assessment only. 10. That said Engineer's Report, as amended, for Fiscal Year 2008-2009 and the same is hereby, finally adopted and approved as a whole. 11. That the City Clerk shall forthwith file with the Auditor -Controller of Sonoma County the said assessments, together with said diagrams thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and of the date thereof. 12. That the order for the levy and collection of assessments less one time credits for the improvements and the final adoption and approval of the Engineer's Report, as amended, as a whole, and of the plan and specifications, estimate of the costs and expenses, the diagrams and the assessments, as contained in the Report, as herein above determined and ordered, is intended to and shall refer and apply to the Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council. 13. That the Sonoma County Auditor -Controller and the Sonoma County Tax Collector apply the Landscape Maintenance Assessment Districts assessments, listed in the Engineer's report on file with the City Clerk, to the tax roll and have the Sonoma County Tax Collector collect said assessments in the manner and form as with all other such assessments collected by the Sonoma County Tax Collector.