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HomeMy WebLinkAboutStaff Report 8.A 02/07/2005CITY OF PETALUMA, CALIFORNIA AGENDA BILL Flow February 7, 2005 Aeenda Title: Meetine Date: Public meeting to hear testimony regarding the formation of a February 7. 2005 Landscape Assessment District for Stratford Park Subdivision. Meetine Time: ❑ 3:00 PM ® 7:00 PM Cateeory (check one): ❑ Consent Calendar ❑ Public Hearing ,K New Business ❑ Unfinished Business ❑Pcpsgntation Department: Direct v Contact Person: Phone Number: Parks & Recreation Jim C , Ed Anchordoguy 707-778-4321 Cost of Proposal: $12,821 for 05-06 Account Number: 2555 Amount Budeeted: $0 Name of Fund: Stratford Park LLAD Attachments to Auenda Packet Item: a. Agenda Report b. Engineer's Report c. County Assessor's Parcel Map d. Stratford Park Landscape Assessment District Map e. Resolution Proposing Formation of the Stratford Park Subdivision Landscape and Lighting Assessment District. f. Resolution of Preliminary Approval of Engineer's Report for Stratford Park Subdivision Landscape and Lighting Assessment District. g. Resolution of Intention to Order the Levy and Collection of Assessments for Stratford Park Subdivision Landscape and Lighting Assessment District. Summary Statement: The Community Development Department has required a Landscape Assessment District be established for the Stratford Park Subdivision to maintain the public or common landscaped areas within the subdivision. A base amount has been established and once approved cannot be raised more the CPI without a vote from the property owners. The Stratford Park Subdivision base annual assessment is estimated at $128.77 per home based on 92 residential lots. The base year annual cost of $11,847 will maintain landscaping and irrigation systems in medians and common areas that are separate from the residential water meters. The level of maintenance is consistent with the Landscape Assessment District landscape maintenance specifications under the current contract adopted by the City Council on March 3, 2003. The individual property owners will be responsible for the landscaping and street trees in front of their houses. As required by state law, these resolutions will start the formation process with this public meeting and a public hearing and counting of ballots on February 28, 2005 to complete the process. Recommended Citv Council Action/Sueeested Motion: To set a public hearing and counting of ballots for February 28, 2005 and adopt the resolutions to begin the process for the formations of the Stratford Park Subdivision Landscape and Lighting Assessment District. Ii�vieiyed by Finance Director: Reviewed = Attornev: ADDroge&Jyy City Manaeer: ,4Date: i t Date: To41aS' ate: Revision # a 1 evised: File Code: Y v # CTTY OF PETALUMA, CALIFORNIA FEBRUARY 7.2005 FOR PUBLIC MEETING TO HE, TESTIMONY REGARDING THE FORMATION OF A LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT FOR STRATFORD PARK SUBDIVISION 1. ExECOTrvE SUMMARY: The Community Development Department has required a Landscape and Lighting Assessment District be established for the Stratford Park Subdivision to maintain the public or common landscaped areas within the subdivision. A base amount has been established and once approved cannot be raised more than the CPI without a vote from the property owners. This base amount can be lowered when estimated costs of any given year are calculated. As required by state law, ballots, ballot instructions, and public hearing notices have been sent out to the 1 property owner of all 92 lots 45 days prior to the public hearing. The resolutions included with this staff report will set a public hearing and counting of ballots for February 28, 2005 and initiate the process to form the Stratford Park Subdivision Landscape and Lighting Assessment District. Staff is recommending that the resolutions be approved and that the formation process begin. 2. BACKGROUND: The Community Development Department has a policy to establish landscape assessment districts (LAD) for all new subdivisions that have common public landscaped areas. The requirements are identified in the tentative map conditions prior to development ofthe subdivision. These districts maintain various amenities on public land such as landscaped remnants, islands, medians, pathways, riparian mitigations, soundwalls,fences and street lights. The costs are spread among all of the private parcels within the district. A homeowner's association maintains any landscaping of common areas on private land. The Stratford Park Subdivision base annual assessment is estimated at $128.77 per home based on 92 residential lots. The base year annual cost of $11,487 will maintain landscaping and irrigation systems in medians and common areas that are separate from the residential water meters and the street light system. This base amount also will establish a reserve for cash flow, renovation and repairs. The $6000 estimated for annual landscape maintenance is determined on a square foot basis using current landscape industry costs and estimates from three landscape contractors and consulting with a California licensed Landscape Architect. The landscape is not currently in existence and estimates were made from the final approved landscape plan for the subdivision. The actual annual landscape maintenance cost will be determined through the bid process by selecting the lowest responsible bidder. The level of maintenance is consistent with the Landscape Assessment District landscape maintenance specifications under the current contract adopted by the City Council on March 3, 2003. The individual property owners will be responsible for the landscaping and street trees in front of their houses. The approval of the resolutions will begin the process to establish the district and set the base assessment per parcel. This base annual assessment maybe increased each year no greater than the CPI without a vote of the property owners. The actual annual assessment will be set each year by the City Council at a noticed public hearing and can be set at a lower amount to cover the estimated costs. If it is necessary to increase the assessment above the allowed amount, a formal 45 day notice period with a vote of the property owners is required. 3. ALTERNATIVES: Require the Developer to establish a Homeowners Association and transfer ownership of the properties dedicated to the City to the Homeowners Association to maintain all the landscaping. Do not establish a district and maintain the landscapes with General Fund resources. 4. FINANCIAL IMPACTS: The estimated base year cost of $12,821 includes the cost of landscaping and tree maintenance, utilities, direct supervision by City Staff and miscellaneous improvements and repairs and maintenance of the street lighting system. It also includes indirect City Staff support and a reserve. This will provide a reserve to build to a maximum of 50% of the annual landscape maintenance cost. The estimated annual Base year assessments will be $128.77 per house. The base assessment may be increased each year by up to the CPI without a vote of the property owners. The attached Engineer's Report contains a summary of the first year base cost and estimated annual assessments. Staff support costs for the formation of the LAD is estimated at 16 hours (1 hour Finance Director, 4 hours Accounting Assistant, 1 hour Parks and Recreation Director, 10 hours Parks and Landscape Manager). The formation costs, including a review by the City Engineer, City Attorney, for the LAD is paid from a formation deposit of $5,000 by the developer. The clerical staff support costs, including the annual assessment process, are estimated at over 100 hours per year for all of the LADs. These costs are included in each of the LAD budgets. The estimated clerical support costs for Stratford Park Subdivision LLAD is estimated at 2% of the landscape maintenance costs. The remaining 13% of city administration fee funds support provided by the Parks & Recreation Dept. 5. CONCLUSION: Establish the Stratford Park LLAD in order to generate sufficient revenues for the maintenance of the public landscaping in the subdivision. The base annual assessment of $128.77 per parcel is sufficient, with annual inflation increases, to adequately maintain the public landscaping that is required as a condition of development and provide for reserves for replacement or repair of the landscaping. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: Public satisfaction with the landscape maintenance will be measured through the positive or negative feedback received through phone calls, letters, and emails. 1uIW ul: r e.. Set a public hearing and counting of ballots for February 28, 2005 and adopt the resolutions to begin the process for the formations of the Stratford Park Subdivision Landscape and Lighting Assessment District. g1founs/2003 agenda bill ENGINEER'S REPORT STRATFORD PARK SUBDIVISION LANDSCAPE/LIGHTING MAINTENANCE DISTRICT CITY OF PETALUMA Prepared under the direction of: Craig Spaulding, City Engineer Submitted: February 7, 2005 LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT STRATFORD PARK SUBDIVISION LANDSCAPING AND LIGHTING ACT 1972 The undersigned respectfully submits the enclosed report as directed by the City Council Dated: .2005 Craig Spaulding City Engineer City of Petaluma County of Sonoma, CA By I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the day of 2005. Claire Cooper Interim City Clerk City of Petaluma County of Sonoma, CA UM I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Petaluma California, on the day of . 2005. Claire Cooper Interim City Clerk City of Petaluma County of Sonoma, CA LM I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Sonomaa on the day of 2005. Claire Cooper Interim City Clerk City of Petaluma County of Sonoma, CA LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT ENGINEER'S REPORT STRATFORD PARK SUBDIVISION LANDSCAPING AND LIGHTING ACT OF 1972 Craig Spaulding, City Engineer and Engineer of Work for Stratford Park 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 "Stratford Park Subdivision" consisting of plant material, trees, outdoor furniture, pathway lighting, irrigation systems, soundwall and street lighting 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 is bounded by the southeastern property line and with the limits of Capri Creek's top of bank: bounded by the southern most proerty line fronting Sonoma Mountain Parkway; bounded by the back of curb limits running along the easterly side of Cassela Way and Norfolk Drive as well as the northern side of Lennox Drive; and bounded by the eastern property lines of lots 30 through 46. The Urban Separator bounded by the back of curb of the northern side of Lennox Drive with the limits projecting along said line to the boundaries of the "Lands of Santa Rosa Junior College District" and the "City of Petaluma"; and bounded by the northern most property line of said Urban Separator fronting the "Circle Oak Estates". LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT A STRATFORD PARK SUBDIVISION LANDSCAPINGILIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2005-06 CITY OF PETALUMA PLANS AND SPECIFICATIONS, THOUGH BOUND SEPARATELY, ARE FILED AS A PART OF THIS RECORD LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EDIT B STRATFORD VILLAGE SUBDIVISION LANDSCAPING/LIGHTING MAINTENANCE DISTRICT CITY OF PETALUMA FISCAL YEAR 2005-2006 ESTIMATED ASSESSMENT DISTRICT ANNUAL COSTS Estimate Of Costs for twelve (12) months Maintenance of Landscaping 6,000 Utilities 1,000 Supervision 600 Improvements & Repairs 600 Other Services 600 Street Light Maintenance 750 Total Maintenance Costs 9,550 Incidental Costs County Collection Fee (1/4%) 22 City Administration (15%) 1320 Total Estimated Costs for Maintenance and Incidental Costs 10,892 Reserve for Delinquent, Cash Flow, unusual repairs 955 TOTAL RASE. ANNUAL COSTS $11,847 Number of Parcels to be Assessed 92 LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXIIIBIT C WASHINGTON CREEK VILLAGE SUBDIVISION LANDSCAPINGILIGHTING MAINTENANCE DISTRICT CITY OF PETALUMA FISCAL YEAR 2005-06 ASSESSMENT ROLL: Assessment Amount of Assessor's Number Assessment Parcel Number 1-92 $11,847 (See Attached County Assessor's Parcel Map) LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT D STRATFORD PARK SUBDIVISION LANDSCAPING/LIGHTING MAINTENANCE DISTRICT CITY OF PETALUMA FISCAL YEAR 2005-06 BASIS OF ALLOCATION ASSESSMENTS AND ANNUAL INDEXING FACTOR All benefits of the improvements are special benefits to land with the district. General benefits to the public generally are nominal or non-existent. Allocation of Assessments The total maintenance costs per year were estimated, and incidental administrative expenses added to yield a total annual cost. This cost was then prorated equally to the 92 lots, so that each lot will share equally in the annual landscape maintenance expenses. Annual Indexin¢ Factor In any year the assessment shall not be deemed to have been increased if the amount of the increase is not more than the percentage of the increase in the U.S. Department of Labor. Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco -Oakland -San Jose from February 1 to the February 1. The first fiscal year 2006-07 assessment levy increase shall be determined from the percentage increase from February 2005 to February 2006. LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT WASHINGTON CREEK VILLAGE SUBDIVISION LANDSCAPING/LIGHTING MAINTENANCE DISTRICT CITY OF PETALUMA FISCAL YEAR 2005-06 PROPERTY OWNERS LIST: Assessment Number Property Owner's Name & Address Assessor's Parcel Number 1-92 Stratford Park Associates (See Attached County 3480 Buskirk Avenue, Suite 260 Assessor's Parcel Map) Pleasant Hill, CA 94523 NOTE: This mop nos prepares rcr A!laadmenl pJrpose! only. No liobllily i! vasames tar the pccuraty at ttse data d0i... teal hereon. NOTE: AAla... 1 d parc.LL da nal naeeaperily C.pwnita legal lata. iv verily 1ag91 parcel ltalvl. check nilb toe ......ota city ar cpunly cammumn, tlprelapMent or plpnnfnlJ Ji+ipinn COUNTY ASSESSOR'S PARCEL MAP STRAMORD PLACE — CATT/ NURSERY PHASE I! A PLANNED UNIT DEVELOPMENT REL DB -77-0d IN 8K. 664 JrAPS H,x 16-18 i TAX RATE AREA 3 -03p r (q fIPJa YV T ' vl-v-Mx Nblr BEL CRAVE QRIVE ° Mei aw tL f iN JP xb)O'dt'L r %d wJJv rcYlaYb'l NJ!)03}•t }l r} fa ry a•rf t y J r }aw Ira+ � 17I4 23 is 'i I I a I,•,e.r'r '; 14 15 18JJms}•. 2 Jw13 I„ ( 24er i I 3 "� �lll'�) 10 10 , 74 75 76 I`', 79 19 Ig 25 ©5 �I q I « 4 20 �_ > 25 I( a 4. 1 3 5 5}� M 12 72 �I PRIVATE PARK., •27 21 e I 27 © OI IIII g 11 COMMON AREA I( !3 I ! 6 6J e�q ( 13 73 �I PARCEL C -Z 22 I 28 W III bdlf IJW JPiU lJgt Irl �7'j MA)'ro'S )'t )rJ 3p IE-, taaf V 7 ti..j Q�M COMMON AREA 5 R 29 ©9 area PRIVATE CASELtA ALLEY ¢8it III va •z PARCEL 0 — v Cin : , Y9eAr'. :IM, ee311 ant/4C�%«hJf9d'!J•t ritl l0 a' �•-tea to, +i ae }1V P3 r+ PA4 }J II loci- )5./I VV Paas }alt rv11 "'M rJrl rNl 111I rJ rl J10r v � 30 .`, 31 32 33 34 35 36 37 36 39, 40 41 42 43 44 45 n 46 �a y rIt 1 A 3Qa R37a 32� 3f5 38 a 3a i8 #9 4Q p 4t 420 4�3 44 845 48 r tl, AJl OPT id 14firl6ipvn !,I e8ar ae 1j, - n f. ra gmoi. J} Parcel A I�7 metl Jp aJYJr YIY w 137-47 �bT @ll laM H 44 SCALE: t"« SW _ •„M — — � $ 43 — elm } :2 rd M —8-- —_ — °g 41 sew — E': 40 .rio— REVISED Op-Ov-Ov«pv- pvD lz C) 9 s1 t^ iI PS xn•rayPt NORFOLK Nis, tl)T Assessor's Map 8k. 137 Pg. 47 Sonoma Counry, Calif. (AcAw ,rr 9 -PJ -04-48 KB U Q. ----",_------ "—b -----------i I . I 'I 8 al al I I m' rxv .ecrrx --3'UYG XOVAG n�• AA m tlm tl0 ym tlm AA � I = s a R I ao Y a i'n O ry N Y h N H Qp I \ AA a)m 0 Y.0 .em a[0 tl0 wast uru d � n`-, I — �NlfO 77/H�HnH �` a �tl m nm W? I nra mmm.zmtl mIV-r I B D ' 'C R >O um mm .rm .cm um •n F wa➢IS 3YY I OW. — — d%HSXIYCU _ v.ar ara I want �-1 ` RIX I I I I =i kl I :r; AI I � I �1= ali a I I "IS I it I 19 1 ra� RRL----pL— aa � I nl` IY IyI L l I Beni :baa zEua � ., . -.I atm M�o a a sr w �j fl; _•z vID WbNOmY _ _ _ n LEee'�m I IIII�r{'rL�IIj( III'j�I{I��III IIII�r'rI��'{I'}j B [ 9 S Y L L G I A RESOLUTION PROPOSING FORMATION OF THE STRATFORD PARK SUBDIVISION -LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT AND INITIATING PROCEEDINGS FOR FORMATION OF THE DISTRICT, INCLUDING A DESCRIPTION OF THE IMPROVEMENTS AND THE DISTRICT, DESIGNATION OF THE CITY ENGINEER AS ENGINEER OF RECORD FOR THE DISTRICT, AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 WHEREAS, the Landscape and Lighting Act of 1972 ("1972 AcfI codified in California Streets and Highways Code Section 22500 et seq., establishes procedures whereby local agencies whose annual taxes are carried on the county assessment roll and are collected by the county may fund the construction and maintenance of improvements by formation of assessment districts; and WHEREAS, the general procedures for formation of an assessment district under the 1972 Act include: adoption of a resolution initiating proceedings, proposing formation of a district and ordering an engineer's report; approval of the engineer's report; adoption of a resolution of intention to form an assessment district, levy and collect assessments, and, if desired, issue bonds or notes; and following canvassing of balloting that has been noticed and conducted in accordance with California Government Code Section 53753, and a noticed public hearing on the assessment, adoption of a resolution ordering the improvements and formation of the district and confirming the diagram and assessmentz; and WHEREAS, improvements that may be funded under the 1972 Act include: installation or construction of landscaping, ornamental structures, public lighting facilities, appurtenant structures or facilities, park or recreational improvements, acquisition of land or existing improvements for park, recreational or open space purposes, and acquisition or construction of community centers, auditoriums, halls or similar public facilities, for indoor presentation of performances and events, including public and private events 3; and WHEREAS, the 1972 Act provides that local agency legislative bodies may designate the engineer of record for purposes of the 1972 Ace; and WHEREAS, the 1972 Act provides for initiation of proceedings for formation of assessment districts by adoption of a resolution proposing formation of a district, describing the improvements, describing the district, specifying a distinctive designation Cal. St. & High. Code §§22500 - 22501 ' Cal. St & High. Code §§23585 - 22587, 22594 3 Cal. St & High. Code §22525 Cal. St. & High. Code §22523 Assessment District Formation 1972 Act Resolution Initiating Proceedings January 21, 2005 Version for the district and ordering the engineer of record to prepare and file a report in accordance with the requirements of the 1972 Act$; NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows: 1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of Petaluma. 2. The City Council proposes to form an assessment district pursuant to the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 and following). 3. The improvements to be funded are described as follows: The maintenance of all the public landscaping improvements as part of "Stratford Park Subdivision" consisting of plant material, trees, outdoor furniture, pathway lighting, irrigation systems, soundwall and street lighting 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 is bounded by the southeastern property line and with the limits of Capri Creek's top of bank: bounded by the southern most proerty line fronting Sonoma Mountain Parkway; bounded by the back of curb limits running along the easterly side of Cassela Way and Norfolk Drive as well as the northern side of Lennox Drive; and bounded by the eastern property lines of lots 30 through 46. The Urban Separator bounded by the back of curb of the northern side of Lennox Drive with the limits projecting along said line to the boundaries of the "Lands of Santa Rosa Junior College District' and the "City of Petaluma"; and bounded by the northern most property line of said Urban Separator fronting the "Circle Oak Estates". 4. The proposed assessment district shall be designated the Stratford Park Subdivision Landscape and Lighting Assessment District, City of Petaluma, Sonoma County, California, and shall include the land shown on the map designated "Assessment Diagram, Stratford Park Landscape and Lighting Assessment District, City of Petaluma, Sonoma County, California" which map is on file with the Petaluma City Clerk. 5. Craig Spaulding, City Engineer, of the City of Petaluma, ("Engineer") is hereby designated engineer of record for the purpose of the proposed formation pursuant to the 1972 Act. 6. The City Council hereby directs the Engineer to prepare and file with the City Clerk and to submit to the City Council for approval a report concerning the proposed Stratford Park Subdivision Landscape and Lighting Maintenance District in accordance with California Streets and Highways Code Section 22565 and following. ' Cal. St. & High. Code §22585 2 Assessment District Formation 1972 Act Resolution Initiating Proceedings January 21, 2005 Version A RESOLUTION OF PRELIM]NARY APPROVAL OF THE ENGINEER'S REPORT FOR THE STRATFORD PARK SUBDIVISION LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 WHEREAS, the Landscape and Lighting Act of 1972 ("1972 Act"), codified in California Streets and Highways Code Section 22500 et seq., establishes procedures whereby local agencies whose annual taxes are carried on the county assessment roll and are collected by the county may fund the construction and maintenance of improvements by formation of assessment districts'; and WHEREAS, the general procedures for formation of an assessment district under the 1972 Act include: adoption of a resolution initiating proceedings, proposing formation of a district and ordering an engineer's report; approval of the engineer's report; adoption of a resolution of intention to form an assessment district, levy and collect assessments, and, if desired, issue bonds or notes; and following canvassing of balloting that has been noticed and conducted in accordance with California Govermnent Code Section 53753, and a noticed public hearing on the assessment, adoption of a resolution ordering the improvements and formation ofthe district and confirming the diagram and assessment2; and WHEREAS, improvements that may be funded under the 1972 Act include: installation or construction of landscaping, ornamental structures, public lighting facilities, appurtenant structures or facilities, park or recreational improvements, acquisition of land or existing improvements for park, recreational or open space purposes, and acquisition or construction of community centers, auditoriums, halls or similar public facilities, for indoor presentation of performances and events, including public and private events3; and WHEREAS, reports under the 1972 Act must: be prepared for each fiscal year for which assessments are to be levied and collected to pay the cost of assessments described in the report, refer to the assessment district by its designation, specify the fiscal year to which the report applies, and contain improvement plans and specifications, an estimate of the improvement costs, a diagram of the district, an assessment of the Cal. St. &High. Code §§22500, 22501 ' Cal. St. & High. Code §§23585 - 22587, 22594 ' Cal. St. & High. Code §22525 Assessment District Formation 1972 Act Resolution Preliminarily Approving Engineer's Report January 21, 2005 Version estimated costs of the improvements, and estimate of the principal amount of improvement bonds or notes to be issued and WHEREAS, plans and specifications in reports under the 1972 Act must show or describe the general nature, location and extent of existing and proposed improvements, indicate the class and type of improvements to be provided for each zone, if the assessment district is divided into zones, and may be separate documents or incorporated with the diagram of the districts; and WHEREAS, the estimate of improvement costs must include all costs of constructing, installing, maintaining and servicing the improvements, (including incidental expenses such as the cost of report preparation, printing, advertising, notice, publication costs, compensation payable to the county for assessment collection, compensation of any engineer or attorney employed to render services in proceedings under the 1972 Act, costs associated with elections for approval of new or increased assessments, any other expenses incidental to the construction, installation, maintenance or servicing of the improvements or improvement bonds or notes, and a reserve that may not exceed the estimated cost of maintenance servicing to December 10 of the fiscal year, or whenever the agency expects to receive special assessment proceeds from the county, whichever is later), the amount of any surplus or deficit in the improvement funds to be carried over from a previous fiscal year, the amount of any contributions from sources other than assessments levied under the 1972 Act, the amount of the annual installment for the fiscal year if the agency legislative body has ordered the assessment for the estimated improvement costs to levied and collected in annual installments, and the net amount to be assessed upon assessable lands within the assessment district, as the total improvement costs less any amounts of surpluses or deficits, contributions to be made from other sources, or annual installments 6 ; and WHEREAS, the diagram of an assessment district must show the exterior boundaries of the assessment district, the boundaries of any zones within the district, and the lines or dimensions of each lot or parcel within the district, with each lot or parcel identified by a distinctive number or letter; and WHEREAS, the assessment included in the engineer's report must refer to the fiscal year to which it applies and state the net amount determined in accordance with Government Code Section 22569 to be assessed upon assessable lands with the district (including an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any improvement bonds or notes issued), describe each assessable lot or parcel within the district, and assess the net amount on all assessable lots or parcels " Cal. St & High. Code §§22565 —22567 s Cal. St. & High. Code §22568 e Cal. St. & High. Code §22526,22569 Cal. St. & High. Code §22570 Assessment District Formation 1972 Act Resolution Preliminarily Approving Engineer's Report January 21, 2005 Version with the district by apportioning that amount among the lots or parcels in proportion to the estimated benefits fo be received by each lot or parcels; and WHEREAS, the net amount to be assessed upon land within an assessment district may be apportioned by any formula or method that fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, and the determination of whether or not a lot or parcel will benefit from the improvements must be made in accordance with the Improvement Act of 1911 (California Streets and Highways Code Section 5000 and following)9; and WHEREAS, the assessment district diagram and assessment may classify areas within.an assessment district into different zones where the various zones will receive differing degrees of benefit from the improvements, with each zone consisting of territory that will receive substantially the same degree of benefit from the improvements10; and WHEREAS, by Resolution No. adopted February 7, 2005, the City Council of the City of Petaluma designated Craig Spaulding, City Engineer, as the Engineer of Record ("Engineer'D for the proposed Stratford Subdivision Landscape and Lighting Assessment District ("District"); and WHEREAS, the Engineer has prepared such a report ("Report's concerning the District in accordance with the requirements of the 1972 Act, filed a copy of the Report with the City Clerk and submitted a copy of the Report to the City Council for consideration, and WHEREAS, the City Council has duly considered the Report; NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows: 1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of Petaluma. 2. The plans and specifications for the improvements ("Improvements") that exist within or are to be constructed within the District, which are included as part of the Report, describe the general nature, location and extent of existing and proposed improvements, indicate the class and type of improvements to be provided for each zone, if the assessment district is divided into zones, and such plans and specifications are hereby preliminarily approved. 'Cal. St. & High. Code §22571 9 Cal. St & High. Code §22573 10 Cal. St. & High. Code §22574 Assessment District Formation 1972 Act Resolution Preliminarily Approving Engineer's Report January 21, 2005 Version 2. The Engineer's estimate of the cost of the Improvements in accordance with the 1972 Act, which estimate is included as part of the Report and includes, but is not limited to, the cost of installing, maintaining and servicing the improvements, incidental costs, a reserve, and the Engineer's estimate of the net amount to be assessed upon assessable lands within the District, is hereby preliminarily approved. 3. The diagram of the District ("Diagram"), which is included as part of the Report, and which shows the exterior boundaries of the District, the boundaries of any zones within the District, and the lines or dimensions of each lot or parcel within the District, with each lot or parcel identified by a distinctive number or letter, is hereby preliminarily approved. 4. The proposed assessment, which is included as part of the Report, refers to the fiscal year to which it applies, states the net amount determined in accordance with Government Code Section 22569 to be assessed upon assessable lands with the District, describes each assessable lot or parcel within the district, assesses the net amount on all assessable lots or parcels within the District by apportioning that amount among the lots or parcels in proportion to the estimated benefits to be received by each lot or parcel, and is hereby preliminarily approved. 5. The preliminary approvals set forth in this resolution are subject to pending proceedings, including balloting proceedings and noticed hearing proceedings concerning the District in accordance with California Constitution Article Jam, California Government Code Section 53753 and the 1972 Act. 658484_1 Assessment District Formation 1972 Act Resolution Preliminarily Approving Engineer's Report January 21, 2005 Version A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA TO ORDER THE LEVY AND COLLECT ASSESSMENTS FOR THE STRATFORD PARK SUBDIVISION LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT AND SETTING A PUBLIC HEARING ON THE FORMATION OF THE ASSESSMENT DISTTRICT AND THE LEVY OF THE PROPOSED ASSESSMENT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 WHEREAS, the Landscape and Lighting Act of 1972 ("1972 Act's, codified in California Streets and Highways Code Section 22500 et seq., establishes procedures whereby local agencies whose annual taxes are carried on the county assessment roll and are collected by the county may fund the construction and maintenance of improvements by formation of assessment districts'; and WHEREAS, the general procedures for formation of an assessment district under the 1972 Act include: adoption of a resolution initiating proceedings, proposing formation of a district and ordering an engineer's report; approval of the engineer's report; adoption of a resolution of intention to form an assessment district, levy and collect assessments, and, if desired, issue bonds or notes; and following canvassing of balloting that has been noticed and conducted in accordance with California Government Code Section 53753, and a noticed public hearing on the assessment, adoption of a resolution ordering the improvements and formation of the district and confirming the diagram and assessment2; and WHEREAS, improvements that may be funded under the 1972 Act include: installation or construction of landscaping, ornamental structures, public lighting facilities, appurtenant structures or facilities, park or recreational improvements, acquisition of land or existing improvements for park, recreational or open space purposes, and acquisition or construction of community centers, auditoriums, halls or similar public facilities, for indoor presentation of performances and events, including public and private events3; and WHEREAS, the 1972 Act provides that after approval of the engineer's report, the legislative body must adopt a resolution of intention: declaring the legislative body's intention to order formation of the district, to levy and collect assessments, (and if desired, to issue bonds or notes); generally describing the improvements; referring to the proposed assessment district by its distinctive designation and indicating the general location of the district; referring to the engineer's report, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment district Cal. St. & High. Code §§22500 - 22501 Cal. St. & High. Code §§23585 - 22587, 22594 ' Cal. St. & High. Code §22525 and any zones within the district, any bonds or notes to be issued, and the proposed assessments upon assessable lots and parcels of land with the district; and giving notice o% and fixing a time and place for, a hearing of the legislative body on the question of formation of the assessment district and the levy of the proposed assessment -0; and WHEREAS, the engineer of record ("Engineer") for the proposed Stratford Park Subdivision Landscape Assessment District ("District') prepared a report ("Report") concerning the District, District improvements ("Improvements") and the proposed assessment ("Assessment") in accordance with the requirements of the 1972 Act, filed a copy of the Report with the City Clerk and submitted a copy of the Report to the City Council for consideration; and WHEREAS, by Resolution No. _ adopted February 7, 2005, the City Council of the City of Petaluma preliminarily approved the Report subject to pending proceedings, including balloting proceedings and noticed hearing proceedings concerning the District in accordance with California Constitution Article XIIID, California Government Code Section 53753 and the 1972 Act; WHEREAS, California Government Code Section 53753 (which implements California Constitution Article XIIID, known as Proposition 218) requires that prior to levying a new or increased assessment local agencies must provide mailed notice, including balloting materials and instructions as specified in Section 53753, to each record owner of a parcel within the proposed assessment at least 45 days prior to a public hearing on the assessment; and WHEREAS, on January 14, 2005, City staff mailed notices and balloting materials and instructions to each record owner of a parcel within the District announcing that ballots would be canvassed and a hearing conducted on February 28, 2005 on the formation of the District and levy and collection of the Assessment for the 2005 — 2006 fiscal year, and, for each future year following establishment of the District, of the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco -Oakland -San Jose from February 1; and WHEREAS, the 1972 Act requires one published notice at least 10 days before the public hearing on the Assessment; NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows: 1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of Petaluma. 2. The City Council of the City of Petaluma ("Council") finds in accordance with the 1972 Act and other applicable law that the public interest and convenience a Cal. St. & High. Code §22587 require and it is the intention of the Council to order the formation of the Stratford'Park Subdivision Landscape Assessment District and to order the Improvements, generally described as plant material, trees, irrigation systems and other improvements located in public landscape areas and further described in the Report, and to levy and collect the assessment described in the Report for the fiscal year 2005-2006 and, for each future year following establishment of the District, the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco -Oakland -San Jose from February 1. 3. The general location of the District is: Petaluma, Sonoma County, California. The Report, which is on file in the office of the Petaluma. City Clerk, contains a full and detailed description ofthe Improvements, the boundaries of the District and any zones within the District, the bonds to be issued, if any, and the proposed assessments upon assessable lots and parcels of land within the District. 4. The Council intends that all costs and expenses ofthe Improvements in accordance with California Streets and Highways Code Section 22526 and 22569, and, for each future year following establishment of the District, the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco -Oakland -San Jose from February 1, are to be made chargeable against the assessable lots and parcels of land within the District and apportioned in accordance with the Report. 5. Notice is hereby given of a public hearing on Monday, February 28, 2005, at the hour of 7pm, in the regular meeting place of the Council, Council Chambers, City Hall, 11 English Street, Petaluma, California, immediately following the canvassing of ballots on the formation of the District and assuming a majority protest does not exist in accordance with California Government Code Section 53753. The hearing will be on the question of the formation of the District and levy and collection of the proposed assessment for the 2005-2006 fiscal year and, for each future year following establishment of the District, the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco -Oakland -San Jose from February 1. At the hearing, the Council will consider all statements and all written protests made or filed by any interested person at or before the conclusion of the hearing concerning the Improvements, the boundaries ofthe District and any zone or zones in the District, the proposed diagram, the proposed assessment, the Engineer's estimate of the cost of the Improvements and may act concerning the Assessment. 6. The City Clerk is hereby directed to publish notice of the hearing concerning the District one time in a newspaper of general circulation in the City and to conspicuously post a copy of the notice on the official bulletin board customarily used by the Council for posting notices at least 10 days before the hearing date. 7. The Parks and Landscape Manager is hereby designated as the person to answer inquiries regarding any proceedings and other matters related to the District, and may be contacted during regular business hours at the Petaluma Community Center, 320 North McDowell Blvd., Petaluma CA 94954, (707) 778-4380. 6585711