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HomeMy WebLinkAboutStaff Report 4.C 10/21/2019.DATE: October 219 2019 TO: Honorable Mayor and Members of the City Council through City Manageri`_` FROM: Gina Benedetti-Petnic, City Engineer Eric W. Danly, City Attorney SUBJECT: Consideration and Possible Adoption of: a Resolution Initiating Proceedings for Formation of the Oak and Water Street Benefit Assessment District and Ordering the Preparation of a.Report on the District Formation, and a Resolution Accepting the Report on the District Formation -and Setting a Public Hearing on the Report and Formation of the District and Directing the City Clerk to Give Mailed Notice of the Hearing and Provide Ballots as Required by Law WMNMMffiJJ 17_rl Il 113►1 It is recommended that the City Council adopt the attached Resolution Initiating Proceedings for Formation of the Oak and Water Street Benefit Assessment District and Ordering the Preparation of a Report on the District Formation, and Resolution Accepting the. Report on the District Formation and Setting a Public Hearing on the Report and Formation of the District and Directing the City Clerk to Give Mailed Notice of the Hearing and Provide Ballots as Required by Law. The Spanos Corporation owns real property located at 368 and 402 Petaluma Boulevard in the City of Petaluma and identified as Assessor's Parcel Numbers 006-163-055? and 006-163-041. (the "Property"). The Spanos Corporation submitted a Site Plan and Architectural Review application to the City to build the North River Apartments Project (the "Project") on the Property. The Project consists of two apartment buildings including 184 dwellings, approximately 4,677' square feet of commercial space, 4,981 square feet of tenant amenity area, 1,953 square feet of leasing office, and associated on- and offsite improvements, Public Improvements (defined below), and a Class I multi- use path along the Petaluma River and connecting to. the Pedestrian Bridge. Subsequently, the Spanos Corporation has created a successor entity called North River Apartments LLC to own the Property and develop the Project. Both the Spanos Corporation and the successor entity North River Apartments LLC are referred to in this staff report as the "Developer." On January 23, 2018, the City of Petaluma Planning Commission, at a duly -noticed public hearing, by Resolution No. 2018-02, certified the Mitigated Negative Declaration ("MND") and adopted the Mitigation Monitoring and Reporting Plan ("MMRP") for the Project; and by Resolution No. 2018- 03, approved the Site Plan and Architectural Review, for the Project; with associated warrants and exceptions. Conditions of Approval Nos. 40 and 51 of Resolution No. 2018-03 required Developer to construct certain public improvements ("Public Improvements") both within the Property, and off- site. The Public Improvements include: the extension of Oak Street within the Property; the construction of Water Street from the intersection with Oak Street within the Property, south of the Property across adjacent parcels to East Washington Street; curb, gutter, sidewalk, public parking spaces, crosswalks, street lights, fire hydrants, landscaping, water mains, sewer mains, storm drains, electrical upgrades, and undergrounding of all overhead utilities along Oak Street within the Property and along Water Street. In order to construct the Public Improvements, right-of-way must be obtained from adjacent property owners that own property within the Plan Line for Water Street and that are south of the Property. Planning Commission Resolution No. 2018-03, Condition of Approval No. 95, provides that the cost to construct the Public Improvements will be funded upfi-ont by the Developer, but the Developer will be reimbursed through a reimbursement agreement with the City, which will provide for reimbursement of the Developer from the proceeds of an assessment district formed pursuant to Chapter 13.35 of the Petaluma Municipal Code and/or other applicable law, and that funding for the Public Improvements reflecting the benefits they provide for other properties is subject to the Developer and the City approving a reimbursement agreement, and successful formation of an assessment district. The Public Improvements will serve the Project on the Property and future development on certain properties benefitted by such improvements ("Benefitted Properties") thereby avoiding duplication of costs and effort and providing new and enhanced public infrastructure and roadways in accordance with the City's General Plan. The Public Improvements will also benefit neighboring properties by allowing development of the properties to their highest and best use. Condition of Approval No. 37 of Resolution No. 2018-03 also provides that should the City Council consider a request to approve a reimbursement agreement related to the Public Improvements, the Planning Commission recommends that monies associated with the approved City of Petaluma River Trail Capital Improvement Project (C03200503) grant fund ("River Trail Grant") be allocated toward construction of a Class I facility between the Petaluma River Bridge and Water Street North through the City's pump station parcel (APN 006-163-051) connecting .to Water Street North, the exact alignment of which is to be approved by the City Engineer. DISCUSSION I. Authority for Assessment District Formation and Reimbursement Structure: Petaluma Municipal Code Chapter 13.35 establishes the authority and procedures for establishing assessment districts, including assessment districts the proceeds of which are to be disbursed to owners within the district in accordance with a reimbursement agreement pursuant to Petaluma Municipal Code Section 13.35.060(G)(3). Such assessment districts are also subject to the procedural and substantive requirements contained in Article XIIID, Section 4 of the California Constitution, part of Proposition 218. As a charter city, Petaluma is able to rely on its own adopted assessment district creation authority in Chapter 13.35 of the Petaluma Municipal Code and need not rely on other authority in the Streets and Highways Code commonly used by general law agencies to create assessment districts, such as Streets and Highways Code Section 2800 and following entitled.the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" and Section 10000 4 and following entitled the "Municipal Improvement Act of 1913," provide alternative authority and procedures for establishing assessment districts. The Public Improvements will directly benefit other properties within the boundaries of the proposed Oak and.Water Street Benefit Assessment District ("Distract"). As part of the approval for the Project, the Developer agreed to take the actions required for the formation of the District which could reimburse Developer for a portion of the cost of constructing the Public Improvements which will benefit other parcels, subject to the City approving a reimbursement agreement with the Developer. The Developer retained Harris & Associates with the approval of the City to prepare the Engineer's Report ("Report") for the proposed Oak and Water Street Benefit Assessment District. If formed, the District would levy an assessment on parcels within the District for a proportional share of the costs of the Public Improvements which provide special benefit to the Benefitted Properties within the District. However, payment of the assessment on a parcel would be deferred until .the property owner receives approval for certain development actions or significant improvements on their parcel as described later in this report. If the City successfully forms the District and enters the proposed reimbursement agreement ("Agreement") with the Developer, the proposed District and Agreement are structured such that if a Benefitted Property owner does ,not seek an approval that triggers the owner's obligation to pay the assessment on that property during time the District and the Agreement are in effect (a proposed term of 20 years from the date the Benefit District is formed), the property owner would have no further obligation to pay the assessment. Similarly, the City would have no obligation to reimburse the Developer for that Benefitted Property's share of the Public Improvements. That share of the cost of the Public Improvements would be borne by the Developer. Please note that while a draft of the Reimbursement Agreement is provided at Attachment 4, it is not an action item before the City Council at this time. Rather, staff has provided a draft for informational purposes to give the Council additional context. The Reimbursement Agreement will come before the City Council approval at the same meeting when the vote and possible Council action on formation of the District is scheduled at a future hearing. II. District Parcels: The District boundary map ("Map") identifies the Benefitted Parcels which would be included in the District and subject to an assessment if the District is approved. The assessment on each parcel would be proportional to the special benefit resulting from the Public Improvements received by that parcel. There is a total of 25 parcels within the boundaries of the proposed District as shown in the following Map. 3 Figure 1: District Boundary Map O W 0 Z.O Z O Z m O aLovO OOZ jZ ij tNo it ` �o m o� O Z W W d7 WOE=� �? rNlltl t L±g N $ ! '0' 'OL OZ lI �N-' OOOn.Z W4. 1 rovrn ui Z d r frt i� OoNo 3 ief7, 13tvsrvm a�i....z�LLJ FN 0 Z� ® N oOLL SwOn Ux=wW�xz Z{- ? 0�WO~WZ � — p.-____ �xO=Q O OZ W tt ,! a� --�.. W W O� z 0 4 wwn.UY 0O rj o j S¢UU) _i! 7 S � J Q 0 �� 1 cc zWWa<a !�q/� r .n N WU—LLdx of O u.0 id-Y�U 0 z of WZ00 ® Q ® T W -- 33111fia1L r U. 1b e i. -'O ` i �JONO �' C V Q z t� li O tMo N 4 d ai C ® ® oS1 Z tryQ) LLJ ¢ i 4 -j '_tC . o ul W vj g. ` 1 ® f d - LU �2 � w®h¢—t¢- R v `LI (f' o � o R9T Q CL LU 0 LU U) LLJ g • "RD H6 9 i t- ! r' 4 Figure 2: Parcel Ownership Within Assessment District Asrnt No. APN Owner 1 006-163-044-000 PALM JAY J TR & PALM CARELLE E TR 2 006-163-045-000 SONOMA-MARIN AREA RAI LTRANSIT DISTRICT 3 006-163-037-000 SONOMA COUNTY WATER AGENCY 4 006-163-055-000 NORTH RIVER APARTMENTS, LLC 5 006-163-041-000 NORTH RIVER APARTMENTS, LLC 6 006-163-005-000 WATER STREET PROPERTIES LLC 7 006-163-052-000 WATER STREET PROPERTIES LLC 8 006-163-053-000 WATER STREET PROPERTIES LLC 9 006-163-025-000 WATER STREET PROPERTIES LLC 10 006-163-028-000 WATER STREET PROPERTIES LLC 11 006-163-054-000 CITY OF PETALUMA 12 006-163-051-000 CITY OF PETALUMA 13 006-163-026-000 275 WATER STREET LLC 14 006-163-022-000 275 WATER STREET LLC 15 006-284-014-000 SING CHONG INVESTMENTS LLC 16 006-284-036-000 GOLITA LARISSATR 17 006-284-018-000 246 PETALUMA BLVD NORTH LLC 18 006-284-043-000 246 PETALUMA BLVD NORTH LLC 19 006-284-042-000 FORMAN WILLIAM CASH & FORMANJULIE MEGHAN 20 006-284-038-000 PETALUMA 218 NORTH LLC 21 006-284-039-000 FORMAN WILLIAM CASH &.FORMANJULIE MEGHAN 22 006-284-037-000 FORMAN WILLIAM CASH & FORMANJULIE MEGHAN 23 006-284-041-000 C7 LLC ET AL 24 006-284-040-000 C7 LLC ET AL 25 006-171-011-000 HUNT & BEHRENS INC If the District is formed, a copy of the Boundary Map will be placed on file in the Office of the City Engineer and filed with the County Recorder's Office as required by law. k III. Special Benefits: The Report includes a description of the Public Improvements which will be constructed by the Developer, the benefit that parcels within the District will receive, the methodology used to apportion the costs of the Public Improvements to each parcel in proportion to the special benefit it will receive, and the maximum assessment which can be levied upon each parcel within the boundaries of the District. There are five (5) types of special benefit that have been identified that parcels within the District may receive as a result of the construction of the Public Improvements. The special benefit types include: ® Construction of roadway improvements that will provide improved vehicular and pedestrian access to parcels within the District, improve access to existing businesses located within the District, and allow the development of parcels within the District to. their "highest and best use" consistent with the current zoning without a requirement to construct future public improvements, and provide a secondary means of access to parcels within the District; ® Improved water distribution lines which will provide an adequate supply of potable water and fire flows to parcels within. the District that would allow development of parcels to their "highest and best use" consistent with current zoning; ® An upgraded sanitary sewer collection system to allow the development of parcels within the District to their "highest and best use," ® An upgraded storm drain system to capture and convey run-off from parcels within the District; and ® Undergrounding of utilities, which will provide improved aesthetics for the streetscape and enhanced reliability of services to parcels within the District. The assessment engineer used a combination of parcel size and linear feet of frontage to allocate the Public Improvement special benefits to parcels within the District as described in the Report. As required by law, the cost of any general benefit of the Public Improvements to the public at large has been identified and will not be apportioned to the parcels within the District. This includes the. costs for the construction of the bike/pedestrian path that will connect the existing path from Copeland Bridge to East Washington Street and which will complete a link as part of the City's trail system available to all residents of the City. Also excluded are the costs related to the relocation of planned sanitary sewer improvements which are located within an existing easement on APN 006-163-52 between Water Street and the City's pump station and the realigned pump station roadway as approved by the City Council on August 5, 2019 as part of development approvals sought by Water Street Properties LLC for property adjacent to the Spanos property. The total costs of the general benefit and other costs which cannot be included as part of the assessment to the Benefitted Properties is $622,721. The total cost of the assessments that have been apportioned to the benefitted parcels within the proposed District is $16,607,238. As permitted. by Chapter 13.35 of the Petaluma Municipal Code, the requirement to pay the assessments shown in the Report will be deferred until such time as a Benefitted Property owner is subject to a development approval for a change in the current use on the parcel that would increase the traffic generated by the parcel beyond its use at the time the District is formed, as determined by the City's Planning Manager, and/or for planned improvements that would require the issuance of a building permit where the total cost of the improvements is greater than one-half of the assessed value of the building improvements on the parcel at the time of permit application: The City of Petaluma's Planning Manager may review, aggregate or serial permit applications and treat permits approving such applications for planned improvements that together exceed one-half the assessed value of the existing improvements on the parcel at the time of permit application as Development Approvals triggering the obligation to pay the assessment applicable to that parcel. Prior to the issuance of a building permit or development approval that triggers payment of the assessment; Benefitted Property owners. will be required to pay their deferred assessment in full, including any adjustment of the deferred assessment based on the annual increase in the Consumer Price Index (CPI) for all Urban Consumers for the San Francisco -Oakland -Hayward areas. This increase is not to exceed three percent (3%) per year, plus an annual administrative fee of Two Hundred Dollars ($200.) for each year of deferral of the assessment. The assessments shown in the Report are the maximum amount which can be collected from a property owner, subject to CPI adjustments and administrative fees described in this paragraph. Following completion of the Public Improvements and.their acceptance by the City, the City or a consultant working on the City's behalf will complete an audit of the actual cost of the Public Improvements as shown in the Report. If the actual total Public Improvements construction costs are less than the estimated costs shown in the Report, the assessment on each parcel shall be proportionately reduced. If the actual Public Improvements costs exceeds the estimated costs, such increase in costs shall be the responsibility of the Developer and no adjustment will be made to the maximum assessment for each parcel as shown in the Report. V. Council Actions:, If the City Council takes the actions recommended by City staff to adopt the attached Resolution Initiating Proceedings for Formation of the Oak and Water Street Benefit Assessment District and Ordering the Preparation of a Report on the District Formation, and the Resolution Accepting the Report on the District Formation and Setting a Public Hearing on the Report and Formation of the District and Directing the City Cleric to Give Mailed Notice of the Hearing and Provide Ballots as Required by Law, a public hearing will be scheduled for December 16, 2019 before the City Council. The hearing on formation of the District must be not less than 45 days after the date the notice and ballot is mailed to each Benefitted Property owner. At the hearing the City Council will consider all protests and comments by any interested persons, and receive and canvass ballots for and against the formation of the District. At the District formation hearing, following the close of the public hearing and the tabulation of the.ballots received, the City Council may form the District if there is not a majority protest: A majority protest shall exist if the assessment ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, weighted in proportion to the financial obligation of each parcel. Figure 3 below shows the weighted ballot proportions shown as a percentage for each of the district parcels. 7 Figure 3. WEIGHTED PROPORTION OF BALLOT VOTES PARCEL ASSESSMENTS FINANCIAL OBLIGATION AS PERCENTAGE OF TOTAL Asmt No. APN Owner Total Assessment % of Total Assessed 1 006-163-044-000 PALM JAY TR & PALM CARELLE E TR $ 267,843.67 1.61% 2 006-163-045-000 SONOMA-MARIN AREA RAIL TRANSIT DISTRICT $ - 0.00% 3 006-163-037-000 SONOMA COUNTY WATER AGENCY $ - 0.00% 4 006-163-055-000 NORTH RIVER APARTMENTS, LLC $ 6,609,944.46 39:80% 5 006-163-041-000 NORTH RIVER APARTMENTS, LLC $ 294,368.87 1.77% 6 006463-005-000 WATER STREET PROPERTIES LLC $ 2,498,427.30 15.04% 7 006-163-052-000 WATER STREET P RO P ERTI ES LLC $ 1,690,359.73 10.18% 8 006-163-053-000 WATER STREET PROPERTIES LLC $ - 0.00% 9 006-163-025-000 WATER STREET PROPERTIES LLC $ 468,449.92 2.82% 10 006-163-028-000 WATER STREET PROPERTIES LLC $ 284,895.23 1.72% 11 006-163-054-000 CITY OF PETALUMA $ - 0.00% 12 006-163-051-000 CITY OF PETALUMA $ - 0.00% 13 006-163-026-000 275 WATER STREET LLC $ 331,552.38 2=00% 14 006-163-022-000 275 WATER STREET LLC $ 328,460.60 1.98% 15 006-284-014-000 SING CHONG INVESTMENTS LLC $ 488,926:11 2,94% 16 006-284-036-000 GOLITI LARISSA TR $ 928,737.35 5.59% 17 006-284-018-000 246 PETALUMA BLVD NORTH LLC $ 751,190.07 4.52% 18 006-284-043-000 246 PETALUMA BLVD NORTH LLC $ 617,063.64 3.72% 19 006-284-042-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN $ 289,275.42 1.749/o 20 006-284-038-000 PETALUMA 218 NORTH LLC $ 176,646.54 1.06% 21 006-284-039-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN $ 170,894.35 1.03% 22 006-284-037-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN $ 24,115.40 0.15% 23 006-284-041-000 C7 LLC ETAL $ 27,642.80 0.17% 24 006-284-040-000 • C7 LLC ETAL $ 187,735.88 1.13% 25 006-171-011-000 HUNT& BEHRENS INC $ 170,708.44 1.03% TOTALS $ 16,607,238.16 100.00% FINANCIAL IMPACTS Because the conditions of approval for the Project are obligations of the Developer, Spanos Corporation and the successor entity it created, North River Apartments LLC, the staff cost of forming the proposed District and presentation of the related reimbursement agreement between the City and North River Apartments LLC will be funded through the Developer's cost recovery account. The Developer has also retained and is responsible for funding the work of Harris & Associates in preparing the Report concerning the District. The formation of the District and execution of a related reimbursement agreement are intended to provide a source for reimbursing the Developer for costs in excess of its allocable share of the Public hnprovements. Regardless of whether and the extent to which the Developer is reimbursed for Public Improvements costs . : under the reimbursement agreement, the Public Improvements costs will not be borne by the City. The project is subject to the following standards of review: ® Petaluma General Plan ® Central Petaluma Specific Plan (CPSP) ® River Access and Enhancement Plan Petaluma General Plan 2025 The Petaluma General Land Use Map applies a `Mixed Use' designation to the project site. The `Mixed Use' designation in .the General Plan includes a combination of uses, including retail, residential, commercial and/or offices, and encourages pedestrian -oriented- development. Additionally, the project site is located in the Central Petaluma Specific Plan (CPSP) subarea of the General Plan. As described by the General Plan, this subarea encompasses nearly 400 acres within the heart of the city and is characterized' by the Petaluma River, the Turning Basin, and an active rail corridor. The adoption of the CPSP area, which has its own goals and findings, generally aims to bridge the eastern and western portions of the city while focusing on the river front as both an amenity and linkage. The following General Plan policies, both specific to the subarea and citywide, apply to the proposed project. Chapter 1: Land Use, Growth Management & the Built Environment Policy 1-P-2 Use land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses. Policy 1-P-12 Encourage reuse of under-utilized sites along East Washington Street and Petaluma Boulevard as multi -use residential/commercial corridors, allowing ground -floor retail and residential and/or commercial/office uses on upper floors. Policy 1-P-44 Develop the Petaluma River as a publicly accessible green ribbon, fronted by streets, paths, access points, and open spaces, by implementing the Petaluma River Access and Enhancement Plan within the context of the Petaluma River Corridor Design Standards. Chapter 9: Economic Health and Sustainability Policy 9-P-5 Monitor availability of adequate land, transportation, and infrastructure for desired types of growth to meet the community's economic vitality goals. Specifically, facilitate development for economic activity on appropriately -designated sites. Central Petaluma Specific Plan (CPSP) The project site is within the Central Petaluma Specific Plan's North River Area. The CPSP describes the North River Area as containing agricultural industrial uses that are dependent on 0 both (prior) rail and truck access, with auto -oriented retail uses along East Washington Street, and restaurant, antique and service-oriented retail uses along Petaluma Boulevard North. The CPSP land use map applies Mixed Use (MU) and ASI (Agricultural Service Industrial) designations to the properties within this area, simultaneously protecting active industrial sites and encouraging new mixed-use development. The T5 and T6 zoning over this area reinforces this effort to accommodate new growth as these zoning districts are characterized by higher density mixed use buildings that accommodate retail, offices, rowhouses and apartments. The area also includes a stretch of Civic Space zoning along the western bank of the Petaluma River. The following CPSP policies, both specific to the North River Area and citywide, apply to the proposed project. Land Use Goals Goal 1 Support existing viable uses and provide for new uses that complement and complete the urban fabric. Goal 3 iEncourage intensification appropriate in the area's central location. Goal 5: Orient activities to the Petaluma River. North River Area Objectives and Policies OBJECTIVE 1: Provide for a mixture of industrial, office, retail, and compatible residential development. Policy 1.6: Encourage pedestrian oriented land use. Community Design Goal 3: Strengthen linkages to and along the river and to other districts of the city. Goal 4: Enhance the livability of Central Petaluma. Goal 5: Establish a pedestrian scale within the public realm. Public Space and River Access Goal 1: Establish a continuous and interconnected system of public spaces along the river. Goal 7: Complete a recreational loop on both sides of the river, including multiple gathering areas of various sizes. Goal 8: Enhance the public space character of city streets. Public Space and River Access — North River Area OBJECTIVE 2: Encourage the establishment of public spaces to'and along the riverfront. 10 Policy 2.1: Establish a ribbon of landscaped and shaded public space on the west side of the river, connecting the flood control project to the East Washington Bridge. Policy 2.2: Provide for public space improvements near the Washington Street Bridge. Circulation Goal 3: Reinforce the role of Central Petaluma as a center for transit and non -vehicular modes of travel. Goal 4: Complete the urban pattern with a pedestrian -scaled grid of streets. Streets OBJECTIVE 2: Provide a street system that strengthens the existing roadway network, serves new development, and balances the need for through movement with livability and pedestrian/bicycle orientation. . Policy 2.1: Establish a system of local streets between downtown and the future downtown transitcenter that extends the fine-grained pattern and pedestrian quality of downtown Petaluma streets. Policy 2.4: Create new local streets to improve access and better serve potential development. Pedestrian and Bicycle OBJECTIVE 3: Improve pedestrian and bicycle circulation Policy 3.2: In the North of Washington Street River Area, establish a pedestrian ,and bicycle trail along the west side of the river -Provide a river crossing in association with new development on the east and west sides of the river. Utilites and Public Services Water OBJECTIVE 1. Construct an adequate water system to provide service and fire flow capacity to serve new development. Sewer OBJECTIVE 1. Construct an adequate sewer system to accommodate existing and new development. Storm Drain OBJECTIVE 1. Construct an adequate storm drain system to collect flows and direct them to the river. Joint Trench OBJECTIVE 1: Provide for the underground installation of electric, natural gas, and telecommunications lines in a joint trench as existing streets are excavated for placement of other utilities and whenever new streets are developed. 11 Policy 1.2. Apportion equitably the costs of utility improvements among private project sponsors, property owners, and the City. "...The City should examine the use of a variety of methods for distribution such as the CIP, benefit assessment districts, and conditions of approval of new development." River Access and Enhancement Plan Adopted in 1996, the stated purpose of the River Access and Enhancement Plan is to describe the vision for the Petaluma river in balance with the directives of the 1987-2005 Petaluma General Plan and with the implementation objective to create `a waterfront environment that is the jewel in Petaluma's crown.' The project site is within the Lakeville Industrial Segment, regarded by the plan as a transition area between the residential areas upstream that still contain some riparian habitat, and the more urbanized, pedestrian oriented downtown. This segment encourages habitat restoration and beautification through increased landscaping, especially upstream of the Washington Street bridge. The following River Access and Enhancement Plan goal, objectives and policies, both specific to the subarea and citywide, apply to the proposed project. Goal 3: Promote balanced use of the river corridor Objective 3.1 Encourage the development of properties along the river corridor in a manner that responds to the riverfront location, enhances the riverfront environment, and provides public access, and is consistent with the General Plan, as further defined by this Plan. Objective 3.5 Encourage riverfront public recreational access and uses. Chapter 3,6 Downtown Segment Policy lh Provide a trail along Water Street between the utility crossing bridge and Washington Street. The formation of the Oak and Water Street Benefit Assessment District is consistent with and furthers the citywide goals as excerpted below from the City Council Goals and Priorities for FY 2019-2020 and FY 2020-2021. A City That Works For Everyone, Objective 2 —Provide City infrastructure that is safe, sustainable, Multi -use, efficient, inspiring civic pride. ® Workplan Item #15: Identify funds and develop plan to improve Petaluma's streets and roads. ® Workplan Item #18. Establish and improve paths, as' useful transportation options, and make walking and biking easy, fun and safe. 12 A Safe Community That Thrives, Objective 2- Create diverse housing opportunities for all Petalumans. Ain Economy That Prospers, Objective 1 — Attract and retain businesses that generate revenues and provide jobs that pay living wages. ® Workplan Item #109 Prioritize and incentivize sustainable infill development. Spaces And Places That Inspire, Objective 1 - Envision and create a safe downtown that is attractive, clean, and can be enjoyed by all ages. ® Workplan Item #127: Identify and prioritize projects to upgrade and improve the downtown, alleyways, and public spaces. The following public outreach has occurred or is scheduled for the purpose of sharing information and receiving District feedback on the proposed District: 1. City of Petaluma mailed letters to District property owners on August 29, 2019 announcing Informational Meeting for Proposed Benefit Assessment District for Oak Street and Water Street Public Improvements. 2. September 5th and 9th, 2019 Informational Meetings were conducted with District Property Owners to review preliminary assessments and the District formation process. These meetings were conducted with representatives from City Planning and Development Engineering, Harris & Associates, and Spanos/North River Apartments LLC. 3. Public Notice was published in the Argus Courier and Press Democrat on September 51h, 2019 prior to the September 16th City Council consideration of the Benefit Assessment District Actions. 4. Mailed Notice to District property owners was sent on September 5th, 2019 prior to the September 16th City Council consideration of the Benefit Assessment District Actions. 5. Agenda revision was published on October 7th moving the Oak and Water Streetbenefit Assessment District agenda item to the October 21, 2019 Agenda. 6. Emailed electronic copy of Final Engineer's Report with revised assessment calculations to District Property Owners on October 11th, 2019, 7. Mailed Notice to District property owners was sent on October 9, 2019 prior to the October 21" City Council consideration of the Benefit Assessment District Actions 8. Supplemental Meetings are scheduled to be conducted with District Property Owners to review the Final Engineer's Report and updated assessment calculations on October 16th and 17th. These meetings were offered to property owners within the district and will be conducted prior to the City Council meeting of October 21" with representatives fiom City Planning and Development Engineering, Harris &. Associates, and Spanos/North River Apartments LLC. 13 In accordance with the California Environmental Quality Act (CEQA), the Planning Commission adopted Resolution 2018-02, a Final Mitigated Negative Declaration (FMND) and Mitigation Monitoring and Reporting Program considering the proposed Project, including an analysis of the extension of Water Street North from the. Project's southern boundary to Washington Street. The physical improvements related to the Project, including Oak and Water Street and related improvements, were previously studied and addressed in the North River Apartments FMND. ATTACHMENTS 1. Resolution Initiating Proceedings for Formation of the Oak and Water Street Benefit Assessment District and Ordering the Preparation of a Report on the District Formation 2. Resolution Accepting the Report on the District Formation and Setting a Public Hearing on the Report and Formation of the District and Directing the City Clerk to Give Mailed Notice of the Hearing and Provide Ballots as Required by Law 3. Engineer's Reportfor the Oalc and Water Street Benefit Assessment District, District No. 2019-1 (Final Report dated October 10, 2019) 4. Draft Reimbursement Agreement (For information only, no Council action on the reimbursement agreement at this time.) 5. Conflict of Interest Map 6. Communications 14 1. 1 WHEREAS, the Spanos Corporation ("Developer"), as owner of real property located at 368 and 402 Petaluma Boulevard in the City of Petaluma, Assessor's Parcel Nos., 006-163-040 and 006- 163-041 ("Property") submitted a Site Plan and Architectural Review application to the City to -build the North River Apartments Project ("Project"); and WHEREAS, the Petaluma Planning Commission, on January 23, 2018, adopted Resolution No. 2018-02 certifying a Mitigated Negative Declaration and adopting a Mitigation Monitoring and Reporting Plan for the Project, and adopted Resolution No. 2018-03 approving the Site Plan and Architectural Review for the Project; and WHEREAS, Conditions of Approval Nos. 40 and 51 of Resolution No. 2018-03 require the Developer to construct certain public improvements within and along Water Street North and Oak Street within the City of Petaluma ("City") including but not limited to the construction of public streets including the acquisition of right-of-way, sidewalks, public parking spaces, water, sewer, and electrical upgrades, including the undergrounding of existing overhead utilities, and landscaping improvements described in Section 4 hereof (the "Improvements"); and WHEREAS, Condition 95 of Resolution No. 2018-003 provides that. the cost to construct the Improvements will be funded upfront by the Developer, but the Developer will be reimbursed through a reimbursement agreement ("Reimbursement Agreement") with the City, which will provide for 15 reimbursement of the Developer from the proceeds of an assessment district formed pursuant to Chapter 13.35 of the Petaluma Municipal Code and other applicable law, and that the funding of public improvements that benefit other properties is subject to the Developer and the City approving a reimbursement agreement and successful formation of an assessment district; and WHEREAS, the Developer has transferred ownership of the Project and the Property to a successor entity referred to as North River Apartments, LLC, and as used in this resolution, "Developer" refers to both the Spanos Corporation and North River Apartments, LLC, as the context may require; and WHEREAS, the City and Developer intend to enter into a reimbursement agreement subject to the successful formation of a Benefit Assessment District under and pursuant to the provisions of Chapter 13.35 of the Petaluma Municipal Code and Article XIIlD, section 4 of the California Constitution, part of Proposition 218; and WHEREAS, the proposed Benefit Assessment District, if it is formed, is to be known as the Oak and Water Street Benefit Assessment District ("District") and designated as Benefit Assessment District No. 2019-1 (the "District"); and WHEREAS, in accordance with Section 13.35.050 of the Petaluma Municipal Code, the City Council, when considering forming a special assessment district pursuant to that section, may adopt its resolution of intention to form a benefit district related to the proposed assessment district, and such resolution shall: (A), identify, by name or general description of improvements the proposed or existing assessment district to which the benefit district relates; (B), state that certain parcels of land (which need not be identified in.the resolution) benefit from the assessment district improvements but are not assessed or proposed to be assessed; (C), state the intention of the City Council to form a benefit district related to the assessment district and to establish a special development assessment for the land therein; and (D), direct the city engineer or other staff member or consultant to prepare a benefit district 16 report; and WHEREAS, in accordance with Petaluma Municipal Code Section 13.35.050, paragraph (A), the proposed boundaries of the District are shown on a map which indicates by a boundary line the extent of the territory proposed to be included in the District, which map is designated "Boundary of Proposed Benefit District No. 2019-1" (the "Map"), which Map is on file. in the office of the City Cleric and a copy of which is attached to and made a part of this resolution as Exhibit ; and WHEREAS, in accordance with Petaluma Municipal Code Section 13.35.050, paragraph (B), the Property will benefit from the District Improvements, and is proposed to be assessed, because although the Developer is responsible for constructing the Improvements and initially incurring all related Improvement costs, subject to potential reimbursement from assessments resulting from formation of the District pursuant to the contemplated Reimbursement Agreement of costs that are in excess of the Developer's fair share of the cost of the Improvements, and some of the fair share cost of the Improvements will be borne by the Developer and not assessed to other properties within the District, other Improvements costs will be assessed to the Developer through the proposed District; and WHEREAS, Dennis Klingelhofer, PE, of Harris & Associates, has been retained by the Developer to prepare a benefit district report ("Report") for the District in accordance with the requirements of Petaluma Municipal Code Section 13.35.060 and Article XIIID, Section 4 of the California Constitution; and WHEREAS, Mr. Klingelhofer, on behalf of Harris & Associates, is competent to make and file with the City Clerk, subject to the approval of the City Engineer, the Report with regard to the Improvements, which report is required by Petaluma Municipal Code Chapter 13.35 and At XIIID, Section 4; and 17 WHEREAS, in accordance with Petaluma Municipal Code Section 13.35,060, the Report concerning the Improvements for the District shall contain the following as specified in that section: a. A. A description of each parcel of land proposed to be included in the benefit district. Any. parcel may be described by its county assessor's parcel number as listed on the last equalized tax assessment roll or on current records of the county assessor. b. B. The amount of the proposed special development assessment for each parcel. The special development assessment shall be proportional to the estimated benefit to each parcel from the assessment district improvements. C. C. The development approval for which payment of the special development assessment is a precondition. d. D. The time period within which the special development assessment will be collected shall not exceed fifteen years from the establishment of the fee as set by the benefit district report, unless a longer period is specified in the report. e. E. The formula or method by which benefits within the benefit district are estimated. The method shall be based in proportion to estimated benefit to be received by each of the parcels in the benefit district from the assessment district improvements. L F. The terms by which the special development assessment will be escalated over time, if escalation of the assessment is proposed. The assessment may be escalated in one of the following ways: g. 1. An annual increment of interest may be added to the assessment, at an uncompounded rate not exceeding the net effective rate on bonds of the assessment district for the same year. h. 2. The assessment may be increased annually in proportion to a published index of construction costs applicable to improvements such as those in the assessment district. . i. G. The manner in which the special development assessment will be disbursed when collected. The assessment may be 18 disbursed in one or more of the following ways, and may change over time: j. 1. Disbursement to the general fund or a designated special fund of the city. k. 2. Disbursement to the assessment district improvement fund, for use or distribution as provided by law. 1. 3. Disbursement to owners within the assessment district in accordance with reimbursement or development agreements; and WHEREAS, in accordance with Section 4 of Article XIIID of the California Constitution, all assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California, and agencies that propose to leery an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed; the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided; no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel; only special benefits are assessable; an agency shall separate the general benefits from the special benefits conferred on a parcel; and parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels. in fact receive no special benefit; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the Planning Commission adopted Resolution 2018-02 on January 23, 2018, certifying a Final Mitigated Negative Declaration (FMND) and Mitigation Monitoring and Reporting Program HE (MMRP) concerning the proposed Project, including nalysis of the extension of Water Street North from the Project's southern boundary to Washington Street and the physical improvements related to and required for the Project, including Oak and Water Street and related improvements, potential environmental impacts of which were previously studied and addressed in the Project FMND, NOW, THEREFORE, be it resolved by the Council of the City of Petaluma, as follows: 1. Recitals. The above recitals are hereby declared to be true and correct and , incorporated into this resolution as findings of the City Council. 2. CEQA. Potential environmental impacts of the Improvements were previously analyzed and addressed in the Project FMND and MMRP adopted by the Planning Commission concerning the Project and the Improvements pursuant to Resolution No. 2018-02 adopted January 23, 2018. 3. Initiation of Proceedings and Declaration of Intention to Levy Assessment. In accordance with Petaluma Municipal Code Section 13.35.050, paragraph D, Section 4 of Article XIIID of the California Constitution, and other applicable law, the City Council hereby initiates proceedings to form the District to fund part of the cost of the Improvements benefitting properties within the District and declares its intention to levy a special assessment upon the lands within the assessment district in proportion to the respective special and direct benefit to be received by each assessed parcel of land from the Improvements. Further, the City Council declares its intention to defer the payment of the assessment by the owners of parcels within the proposed boundaries of the District as provided in the Report on the District. all 4. Mature of Improvements. The Improvements generally include; M. Construction of the extension of Oak Street from Petaluma Boulevard to Water Street North, the construction of Water Street North from Oak Street to the existing Water Street (Poultry Street), and the reconstruction of the existing Water Street (Poultry Street) to its intersection with East Washington Street, including the construction of on -street parking stalls, sidewalks, curbs, lighting, and tree wells. n. Construction of new water distribution pipelines within Oak Street and Water Street to replace undersized service lines to provide an adequate supply of potable water and adequate fire flows to parcels within the boundaries of the District, including the installation of new fire hydrants.. o. Construction of new sanitary sewer collection pipelines within Oak Street and Water Street with capacity to provide wastewater collection and conveyance to the City of Petaluma Copeland Pump Station (but excluding the relocation of the sewer line from Water Street to the Copeland Pump Station). p. Construction of new storm water collection and conveyance improvements, which will convey captured flows to the Petaluma River. q. Undergrounding of existing utilities within and along Water Street. r. Construction of a Class I bicycle and pedestrian connection from the Copeland Bridge to East Washington Street. 5. Preparation of District Report. Mr. Klingelhofer of Harris & Associates is hereby appointed the Assessment Engineer. In accordance with Petaluma Municipal Code Section 13.35.050, paragraph D, the City Council hereby directs the Assessment Engineer to prepare, subject to the approval of the City Engineer, and to file with the City Clerk the Report regarding the Improvements for the District in accordance with 21 all requirements of this resolution and applicable law, including Petaluma Municipal Code Section 13.35.060, and Article XIIID, Section 4 of the California Constitution. The Report shall include, but not be limited to, the following: (a) Plans and specifications for the Improvements; (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the Improvements, if the works, appliances or property are to be acquired as part of the Improvements; (c) An estimate of the cost of the Improvements, and the cost of land, rights of ways, easements, and incidental expenses in connection with the Improvements; (d) A diagram showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each parcel of . . land within the District as they existed at the time of passage of this resolution (each subdivision to be given a separate number on the diagram); (e) A proposed assessment of the total amount of the cost and expenses of the proposed Improvements upon the several subdivisions of land in the District in proportion to the estimated benefits to be received by such subdivision, respectively, from the Improvements (the assessment shall refer to the subdivisions by their respective numbers assigned as provided in (d) above); (f) The development approval for which payment of the assessment shall be. required prior to issuance of a building permit; (g) The time period in which the deferred assessment may be collected and after which the parcel shall no longer be subject to the assessment; and 22 (h) A proposed maximum escalation of the assessment over time upon each of the several subdivisions of land in the District and the maximum annual costs to be imposed for the administration and collection of assessments. 6. No Advancement of Funds. The City Council hereby determinesthat the City will not obligate itself to advance funds from its treasury for the construction of any of the Improvements. i. Inquiries. All inquiries for any and all information relating to these proceedings, including information relating to protest procedures, should be directed to: CITY OF.PETALUMA Attention: 11 English Street Petaluma, California 94952 (XXX) XXX-xxxx g. Resolution Effective Immediately. This Resolution. shall take effect immediately upon its adoption. ADOPTED, SIGNED AND APPROVED this 21 st day of .October, 2019. Mayor of the City of Petaluma ATTEST: City Cleric of the City of Petaluma 23 ff , ; i1, =1 1 WHERE, AS, the Spanos Corporation ("Developer"), as owner of real property located at 368 and 402 Petaluma Boulevard in the City of Petaluma, Assessor's Parcel Nos., 006-163-040 and 006-163-041 ("Property") submitted a Site Plan and Architectural Review application to the City to build the North River Apartments Project ("Project"); and WHEREAS, the Petaluma Planning Commission, on January 23, 2018, adopted Resolution No. 2018-02 certifying a Mitigated Negative Declaration and adopting a Mitigation Monitoring and Reporting Plan for the Project, and adopted Resolution No. 2018-03 approving the Site Plan and Architectural Review for the Project; and WHEREAS, Conditions of Approval Nos. 40 and 51 of Resolution No. 2018-03 require the Developer to construct certain public improvements within and along Water Street North and Oak Street within the City of Petaluma ("City") including but not limited to the construction of public streets including the acquisition of right-of-way, sidewalks, public parking spaces, water, sewer, and electrical upgrades, including the undergrounding of existing overhead utilities, and landscaping improvements described in Section 4 hereof (the "Improvements"); and WHEREAS, Condition 95 of Resolution No. 2018-003 provides that the cost to construct the Improvements will be funded upfront by the Developer, but the Developer will be reimbursed 25 through a reimbursement agreement ("Reimbursement Agreement") with the City, which will provide for reimbursement of the Developer from the proceeds of an assessment district formed pursuant to Chapter 13.35 of the Petaluma Municipal Code and other applicable law, and that the funding of public improvements that benefit other properties is subject to the Developer and the city approving the Reimbursement Agreement and successful formation of an assessment district; and WHEREAS, the Developer has transferred ownership of the Project and the Property to a successor entity referred to as North River Apartments, LLC, and as used in this resolution, "Developer" refers to both the Spanos Corporation and North River Apartments, LLC, as the context may require; and WHEREAS, the City and Developer intend to enter into the Reimbursement Agreement subject to the successful formation of a benefit assessment district under and pursuant to the provisions of Chapter 13.35 of the Petaluma Municipal Code and Article XIIID, section 4 of the California Constitution, part of Proposition 218; and WHEREAS, the proposed benefit assessment district, if it is formed, is to be known as the Oak and Water Street Benefit Assessment District and designated as Benefit Assessment District No. 2019-1 (the "District"); and WHEREAS, in accordance with Section 13.35.050 of the Petaluma Municipal Code, the City Councif, when considering forming a special assessment district pursuant to that section, may adopt its resolution of intention to form a benefit district related to the proposed assessment district, and such resolution shall: (A), identify, 'by name or general description of improvements the proposed or existing assessment district to which the benefit district relates; (B), state that certain parcels of land (which need not be identified in the resolution) benefit from the assessment district 26 improvements but are not assessed or proposed to be assessed; (C), state the intention of the City Council to form a benefit district related to the assessment district and to establish a special development assessment for the land therein; and (D), direct the city engineer or other staff member or consultant to prepare a benefit district report; and WHEREAS, in accordance with Petaluma Municipal Code Section 13.35.050, paragraph A, the proposed boundaries of the District are shown on a map which indicates by a boundary line the extent of the territory proposed to be included in the District, which map is designated "Boundary of Proposed Benefit District No. 2019-1" (the "Map"), which Map is on file in the office of the City Clerk and a copy of which is attached to and made a part of this resolution as Exhibit ; and WHEREAS, in accordance with Petaluma Municipal Code Section -13.35.050, paragraph B, the Property will benefit from the District Improvements and is proposed to be assessed, because although the Developer is responsible for constructing the Improvements and initially incurring all related Improvement costs, subject to potential reimbursement from assessments resulting from formation of the District pursuant to the contemplated Reimbursement Agreement of costs that are in excess of the Developer's fair share of the cost of the Improvements, and some fair share cost of the Improvements will be borne by the Developer and not assessed to other properties within the District, other Improvements costs will be assessed to the Developer through the proposed District; and WHEREAS, Dennis Klingelhofer, PE, of Harris & Associates, has been retained by the Developer to prepare a benefit district report ("Report") for the District in accordance with the 27 requirements of Petaluma Municipal Code Section 13.35.060 and Article XIIID, Section 4 of the California Constitution; and WHEREAS, Mr. Klingelhofer, on behalf of Harris & Associates, is competent to malce and file with the City Clerk subject to the approval of the City Engineer the Report with regard to the Improvements, which report is required by Petaluma Municipal Code Chapter 13.35 and Article XIIID, Section 4; and WHEREAS, in accordance with Petaluma Municipal Code Section 13.35.060, the Report concerning the Improvements for the District shall contain the following as specified in that section: A. A description of each parcel of land proposed to be included in the benefit district. Any parcel may be described by its county assessor's parcel number as listed on the last equalized tax assessment roll or on current records of the county assessor. B. The amount of the proposed special development assessment for each parcel. The special development assessment shall be proportional to the estimated benefit to each parcel from the assessment district improvements. C. The development approval for which payment of the special development assessment is a precondition: D. The time period within which the special development assessment will be collected shall not exceed fifteen years from the establishment of the fee as set by the benefit district report, unless a longer period is specified in the report. E. The formula or method by which benefits within the benefit district are estimated. The method shall be based in proportion to estimated benefit to be received by each of the parcels in the benefit district from the assessment district improvements. F. The terms by which the special development assessment will be escalated over time, if escalation of the assessment is proposed. The assessment may be escalated in one of the following ways: An annual increment of interest may be added to the assessment, at an uncompounded rate not exceeding the net effective rate on bonds of the assessment district for the same year. 2. The assessment may be increased annually in proportion to a published index of construction costs applicable to improvements such as those in the assessment district G. The manner in which the special development assessment will be disbursed when collected. The assessment may be disbursed in one or more of the following ways, and may change over time: Disbursement to the general fund or a designated special fund of the city. 2. Disbursement to the assessment district improvement fund, for use or distribution as provided by law. 3. Disbursement to owners within the assessment district in accordance with reimbursement or development agreements; and WHEREAS, in accordance with Section 4 of Article XIIID of the California Constitution, all assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California, and agencies that propose to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed; the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided; no assessment shall be imposed on any parcel 29 which exceeds the reasonable cost of the proportional special benefit conferred on that parcel; only special benefits are assessable; an agency shall separate the general benefits from the special benefits conferred on a parcel; and parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the Planning Commission adopted Resolution 2018-02 on January 23, 2018, certifying a Final Mitigated Negative Declaration (FMND)and Mitigation Monitoring and Reporting Program (MMRP) concerning the proposed Project, and analysis of the Improvements, including extension of Water Street North from the Proj ect's southern boundary to Washington Street and the physical Improvements related to and required for the Project, including Oak and Water Street and related improvements, potential environmental impacts of which were previously studied and addressed in the Project FMND; WHEREAS, by adoption on October 21, 2019 of Resolution No. (the "Resolution of Intention") initiating the proceedings for the formation of the District the City Council ordered the Report prepared by the Assessment Engineer under and pursuant to the provisions of the Chapter 13.35 of the Petaluma Municipal Code'and Section 4 of Article XIIID of the California Constitution; and WHEREAS, the Assessment Engineer has prepared the Report subject to the approval of the City Engineer and filed the same with'the City Cleric, and the City Clerk has presented the Report to the City Council for consideration and acceptance of the Report and setting of a public hearing on the Report and formation of the District; and 30 WHEREAS, Petaluma Municipal Code Chapter 13.35, and in particular, Sections 13.35.080 and 13.35.090, require that not less than 15 days before a public hearing on an engineer's report concerning formation of a benefit assessment district pursuant Chapter 13.3 5, the City Clerk shall mailed notice of the hearing to each owner of land with the proposed District, which notice shall specify that the City Council has received a report proposing a special development assessment for the owner's land, a general description of the assessment district improvements from which the owner's land benefits, the amount of the proposed special development assessment, the conditions under which the assessment will be payable, the time and place of the hearing, that any owner or owner's representative may appear at the hearing to protest or comment on the report orally or in writing or both, that the report is on file with the City Clerk and is open for public inspection, and the name and telephone number of a staff contact or contacts where the owner, may address questions; and WHEREAS, in accordance with the requirements of Article XIIID, Section 4 of the California Constitution, the notice required to be provided landowners within a proposed benefit assessment district must be provided by mail not less than 45 days before a public hearing on the engineer's report and formation of the district, and must include the amount of the proposed assessment for each identified parcel, the total amount of the assessment chargeable to the entire assessment district, the amount chargeable to the owner's particular parcel, the duration of the payments, the.reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, a summary of the procedures applicable to the completion, return and tabulation of ballots on the formation of the benefit assessment district, and a statement that the existence of a majority protest will result in the assessment not being imposed; NOW, 'THEREFORE, be it resolved by the Council of the City of Petaluma as follows: 1. Recitals. The above recitals are hereby declared to be true and correct and incorporated into this resolution as findings of the City Council. 2. CEQA. Potential environmental impacts of the Improvements were previously analyzed and addressed in the FMND and MMRP adopted by the Planning 31 Commission concerning the Project and the Improvements pursuant to Resolution No. 2018-02 adopted January 23, 2018. 3. Acceptance of the Deport, Including the Map. In accordance with Section 13.35.070 of the Petaluma Municipal Code, the District Report as approved by the City Engineer and filed with the City Clerk is hereby accepted, and the City Cleric is directed to endorse the fact and date of such acceptance on the Report and to file the Report in her office. The Map filed along with the Report is hereby accepted and declared to describe the boundaries of the proposed. District; and it shall govern for all details as to the extent of the proposed District. The City Clerk is hereby directed to endorse her certificate on the original of the Map evidencing the date and acceptance of said Map and to file the Map in her office along with the Report. 4. Public Hearing. A public hearing shall be held on December 2019 at 6:45 p.m. or as soon thereafter as the matter may be heard at the regular meeting place of the .City Council at City Hall Council Chambers, 11 English Street, Petaluma California, to hear and consider protests and objections to the proposed District and the Report and to receive and count the ballots for and against the proposed District. 5. Notice. At least 45 days prior to the public hearing referred to in Section 4 hereof, the City Clerk shall cause a notice of the adoption of the Resolution of Intention, the filing of the Report and the setting of time and place for the public hearing on the Report and the formation of the proposed District referred to in Section 4 hereof to be mailed, postage prepaid, to all persons owning real property proposed to be assessed and whose names and addresses appear on the last equalized County of Sonoma assessment roll or the State Board of Equalization assessment roll, as the case may be, or who are known to the City Clerk. Such notice shall conform in all respects to the provisions of Section 13.35.090, Section 53753 of the California Government .Code and Article XIIID, Section 4 of the California Constitution as applicable. 32 6. Resolution Effective `Immediately. This Resolution shall take effect immediately upon its adoption. ADOPTED, SIGNED AND APPROVED this _th day of September, 2019. Mayor of the City of Petaluma ATTEST: City Clerk of the City of Petaluma 33 4 . i Attachment 3 n `4�4Tg _2 4.0ary. OF. PETALUMA ^yF a ENGINEERS D T BENEFIT DISTRICT NO. 2019-1 (OAK STREET AND WATERET A PUBLIC IMPROVEMENTS) y4 tii� Prepared under the .provisions of the City of Petaluma Municipal Code Chapter. 13.35 October 10; 2019 . PREPARED BY Harris Associates :- www.WeAreHarris.com 1586130,1 ' 35 Engineer's Report I Harris 8; Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 Tableof Contents..................................................:.......:............................................................................I........ i Introduction.................:.:....................................................................................................................................1 Part I — Description of Improvements.................................................:............................................................:.3 Part II (A) — Cost Estimate by Cost Category...........................................................................:...........................4 Part II (B) — Cost Estimate by Improvement..................................................................... .............................5. Part III — Method of Apportionment and Assessment Roll................................................................................6 Part IV= Deferral of Assessments..................:............................................................................26 . ....................... Part V — Boundary Map and Diagram of Benefit District................................................:.........:......................29 Appendix A —Assessment Calculations.....:.......................................................................................................30 AppendixB —Assessment Diagram......................................:...........................................................................34 Appendix C —Detailed Cost Estimates.....................................................:........................................................36 Appendix D — Frontage & Acreage Exhibit.....................................:..................................................................41 1586130.1 36 Engineer's Report Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 Harris & Associates no I AGENCY: CITY OF PETALUMA PROJECT: BENEFIT DISTRICT NO. 2019-1 TO: CITY COUNCIL ENGINEER'S ""REPORT"' PURSUAN, T TO The purpose of 'Benefit Assessment District No. 2019-1 (Oak and Water Street. Public Improvements), (hereinafter "District") is to provide financing for the construction of public improvements within and along. Water Street North and Oak Street Within the City of Petaluma ("City"), including but not limited to the construction of public streets including the acquisition of right-of-way, sidewalks, public parking spaces, water, sewer, and electrical upgrades, including the undergrounding of existing overhead utilities; and landscaping improvements ("Public Improvements"). The proposed Public Improvements will create a new ` connection between Petaluma Boulevard and E. Washington Street, provide improved vehicular and pedestrian access to parcels within the District, improve access to businesses located within the District,. provide a significant number of new on -street parking spaces, and allow development of parcels within the District to their "highest and best use" consistent with the current zoning. Pursuant to the provisions of Chapter 13:35 of the City Municipal Code, and the Resolution of Intention, adopted by the City Council of the CITY OF PETALUMA, State of California, (the "Acts") in connection with the proceedings for the District, I, K. Dennis Klingelhofer, P.E., a Registered Professional Engineer and authorized representative of Harris .& Associates, the duly appointed Assessment Engineer, herewith submit this Engineer's Report ("Report") for the Benefit District, consisting of five (5) parts as stated below. AI I Part I describes the general nature, location and extent of the Public Improvements to be constructed, and shown on the plans for the Public Improvements as approved, by the City Engineer and made a.part hereof. Said plans and specifications are on file in the Office of the City Engineer. This part contains an estimate of the cost of the Public Improvements, including incidental costs and other expenses in connection therewith as set forth herein and attached hereto. 1586130.1 37 Engineer's Report MR I Gurria &.Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 This part consists of the following information: A. A description of the method of calculating the assessment amount allocated to parcels within the District based on the special benefits received from.the Public Improvements; and B. A finding that any general benefit which will result from the Public Improvements has been excluded from the cost being spread to the parcels within the District. C. A finding that the proposed assessment of the total amount of the costs and expenses of'the Public Improvements upon the several subdivisions of land within the District represent only the special benefit associated with the Public Improvements. The costs have been allocated in proportion to the special benefits to be received by such subdivisions from said Public Improvements, which is set forth upon the assessment roll filed herewith and made a part hereof; and do not exceed the proportional special benefit received by each parcel. ip � f', Part IV describes the timing of payment of the assessment levied upon each subdivision of land within the District and the ability for individual assessments to be deferred under the 'Provisions of Petaluma Municipal Code Chapter 13.35 until the owner of the parcel receives Development Approval from the City as defined in Part III of this Report. This part also describes the reduction in the assessment that a parcel will receive if it provides on-site affordable housing units as defined in Section 3.040 of the City's Zoning Ordinance. This part also describes how the -Public Improvements will be constructed and financed by North River Apartments, LLC. It also contains the proposed maximum annual administrative costs to be levied upon each subdivision or parcel of land within the District upon which a deferred assessment is imposed to pay the costs incurred by the City, and not otherwise'reimbursed, resulting from the administration and collection of deferred assessments. PART V Part V contains a map showing the boundaries of the District which includes each of the parcels that receive a special benefit from the Public Improvements to be funded by the assessment, and a diagram showing the District, the boundaries. and the dimensions of the subdivisions of land within said District; as the same existed at the time of the passage of the Resolution of Intention. The Boundary Map and Benefit Diagram are filed in the office of the City Engineer and made a part hereof. A reduced copy of the Boundary Map and the Benefit Diagram are included in Appendix B of this report. 1586130.1 Engineer's Report ( Haase Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 The following provides a description of the Public Improvements proposed to be constructed, installed, or acquired underthe provisions of the Petaluma Municipal Code to be included in the District as shown on the Plans as approved by the City Engineer on July 3, 2019, which are on file in the Office of the City Engineer. The improvements to be constructed as part of the project include: Construction of the. extension of Oal< Street from Petaluma Boulevard to Water Street North, the construction of Water Street North from Oak Street to the existing Water Street (Poultry Street), and the reconstruction of the existing Water Street (Poultry Street) to its intersection with East Washington Street, including the construction of on -street parking stalls, sidewalks, curbs, retaining walls, lighting, and tree wells. ® Construction of new water distribution pipelines within Oak Street and Water Street to replace undersized service lines to provide an adequate.supply of potable water and adequate fire flows to parcels within the boundaries of the District, including the installation of new fire hydrants. m Construction of new sanitary sewer collection pipelines within Oak Street and Water Street with capacity to provide wastewater collection and conveyance to the City's Copeland Pump Station excluding the relocation of the sewer line from Water Street to the Copeland Pump Station ® Construction of new storm water collection and conveyance improvements, which will convey captured flows to the Petaluma River. ® Undergrounding of existing utilities within arid along Water Street. ® Construction of a Class I bicycle and pedestrian connection from the Copeland Bridge to East Washington Street. This shall include all planning, design, construction administration and general administration services, the acquisition of all necessary rights of way, easements, or other property interests required forthe construction of the Public Improvements described above, the acquisition of licenses, franchises and permits and the construction of all auxiliary work necessary and/or convenientto the accomplishment thereof, in accordance with the final plans and specifications approved by the City of Petaluma priorto the start of construction. The construction of the Public Improvements may be phased as necessary and convenient for the City. The construction of;.the Class I bicycle and pedestrian path, shown on the approved plans, will not be funded by the assessment as described in this Report. The City will inspect the work to ensure. conformance to City ordinances, rules, warrants, regulations, standards and specifications where applicable. 1586130.1 39 Engineer's Report Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10; 2019 on I Harris & Associates ffm 40 The estimated cost by majorwork categoryforthe construction of the Public Improvements described in Part I is shown below. A detailed estimate of the cost for construction is contained in Appendix C. ENGINEERING AND CONSTRUCTION COSTS Right -of -Way Acquisition Construction Roadway Improvements Roadway Concrete Sanitary Sewer Storm Drain Water SWPP/BMP'S Pedestrian/Bike Path Joint Trench Contingencies if required Misc. Costs Estimated Costs Preliminary Confirmed $ 1,200,000 $ 2,916,145 $ 653,182 $ 2,270,872 $ 466,960 $ 435,784 _ $ 82,471 $ 524,341 $ 1,564,500 $ 1,503,432 $ 591,161 Total Construction Costs: $ 11,008,848 Engineering $ 637,187 Permits and Fees $ 288,334 General Conditions. $ 310,908 Contingency (15%) of Construction Costs $ 1,651,327 Contractor Fee (4%) of Construction Costs $ 440,354 Total Engineering Costs: $ - 3,328,111 Subtotal Engineering and Construction Cost: $ 15,536,959 District Formation and City Administration Expenses Assessment Engineering Legal Fees Misc. Fees City Administration (8% of Engineering and Construction Cost) Cost Reimbursement Review Total Incidental Expenses: CONTRIBUTIONS Contribution for relocation of sanitary sewer through APN 006-163-052 Contribution for construction of bike/pedestrian path 1586130.1 -Total Contributions $ .50,000 $ 325,000 $ 8,000 $ 1,230,000 $ 80,000 $ 1,693,000 $ (98,380) $ (524,341) $ (622,721) TOTAL ASSESSMENT AMOUNT: $ 16,607,238 O r It O oo n 't 1-4 r, O O [` m m O N m m W O O m m .-i m m m 0 li O 0 0 w ui O ri O t\ r- m M o M W M H M I;t h m m o N �-I N N m lO ct' N lO lO c -I ci in i/� in i/} i/-� in. i/} in i/). in ¢ O O m co w W h m r, +� N d' d' u) co n N O oho n N N Ii N ci N N N t� 00 H (O N m b7 (.O tv m m m iO to W O m H m ' d co 00 00 m oo N to m of m m w of (ri Oi d o i d' H ci ci 00 N Cl m Q) ® in h E L O 4 N ci Q) m H n ci M Ci' m d' cr 00 N tO •H d' N w O :F lO F 'd� & m O h lO m w to m O .M lO �$ H M . 00 1-1. M O N N N d' m u) tet' N N D) O) 00 O h n m 4 O o �� a) m o rn )n d YI m cNi O -i cMi h -ii (ND N m r} to m 00 in- lD m D) M O m M in• dN' h N W (O I , ui►iiu is►i'iFAIJK&I Mp lO ri M ci Lr) O lD N C N O d M hLrl N lD N M N d 1. LrI t0 h L6 O) N N N 0) t\ N. D1 wu) n O. m (1m'1 O- M u�1 N M m i? i/} in• i/} in- i/} i/}I ih i/} J).14A ' chi LD -i cN-I M N tDD O M lmD t0 ,Z N M Ol M lD 00 u) m tD >N M 19 oo ei L F - i/} i/} i/} i4 i/i V)- i/} in O O O O 0 0 3 N N N ., a t -i t -i V)- i/} i/} in. i/} tn. 1(41 i/)- i/)- if)-] i/? Engineer's Report I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 Since the Public Improvements are to be funded by the levying of assessments,.the assessments should be based on the special benefit that the properties receive from the works of improvement. Only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. In addition, a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. There is no specific method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties that specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis. of the facts and determining the correct apportionment of the assessment obligation. As presented in this Report, the Assessment Engineer evaluated and.apportioned the assessments to each parcel within the District in an amount that does not exceed the reasonable cost of the proportional special benefit each parcel will receive from the Public Improvements. The approval of the assessments rests with the City Council. The Council renders its decision after hearing testimony and evidence presented at.a. public hearing and tabulating the assessment ballots, which are mailed to all record owners of property within the District. Only ballots delivered to the City Clerk prior to the close of the public hearing are tabulated. The Council's findings must include a determination that the assessment spread is consistent and the assessment on each parcel be proportional to and not greater than the special benefits received by such parcel, and that a majority protest did not exist. It is anticipated that if the assessments are approved, that the City Council will form the District in -accordance with the requirements of Chapter 13.35 of the Petaluma Municipal Code. This would allow the deferment of the assessments on parcels which are in the District and benefit from the Public Improvements until such time that the owner of the parcel obtains a development approval from the City, for a period not to exceed 20 years from the date of formation of the District. As provided in Section 13.35.040(C), "[t]he development approval that applies to a benefit district will be determined by the city council when the benefit district is formed". For the purposes of this District, "Development Approval" shall .be defined as follows: 1586130.1 42 "The granting or approval of a use permit, land use permit, development agreement, site plan, architectural review ("SPAR"), parcel map, and/or issuance of a building permit,if: a) the development will increase the potential for traffic generation on a parcel beyond that of the use existing on the property at the time the District is formed; or b) the total cost of the planned improvements (excluding tenant improvements without a change of use, normal maintenance and repair, and legally required work like accessibility improvements) which require the issuance of a building permit or permits exceeds one-half Engineer's Report RE I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 of the value of the existing improvements on the parcel at the time of permit application. The City of Petaluma's Planning Manager may review aggregate or serial permit applications and treat permits approving such applications for planned improvements that together exceed one-half the assessed value of the existing improvements on the parcel at the time of permit application as Development Approvals The City's Planning Managershall determine whether an application for a permit or entitlement on a property located within the District qualifies as a Development Approval. All Development Approvals issued by the City shall include a condition of approval requiring the payment of the parcel's assessment that was deferred when the District was formed prior to the issuance of any building permit. The assessment less any credits for providing on-site affordable housing units, including any interest due, shall be collected by the City prior to issuance of the building permit as described in Part IV — Deferral of Assessments. If the owner of a parcel within ,the District does not request a Development Approval from the City within 20 years from the date of formation of the District, the assessment lien on the parcel will be removed and the owner shall have no further obligation to pay the assessment. The following sections set forth the methodology used to apportion the costs of the Public Improvements to each parcel based upon the benefits received. Only special benefits maybe assessed: It is the responsibility of the Assessment Engineer to identify, quantify, and exclude general benefits from the assessment. As stated in the "Proposition 218 Guide for Special Districts" prepared by the California Special Districts Association, the requirement that a public agency separate the general benefits from the special benefits helps ensure that the special benefit. requirement is met. Proposition 218 and relevant case law require that the Assessment Engineer levy assessments upon. parcels within the assessment district based upon the: 1. proportional special benefit a parcel receives from the improvements funded by the assessment, and allocation of'the assessment to each parcel within the assessment district based upon the proportion to the special benefit it receives. Prop 218 also requires the Assessment Engineer to ensure there.is no additional cost assigned to parcels within the assessment district for any benefit that would be received by parcels outside of the assessment district or by the public at large. In looking at the issue of special benefit versus general benefit, the Court stated in Dahms v. Downtown Pomona Business that "if the special benefits themselves produce certain general benefits, the value of those general benefits need not be deducted before the (caps on the) assessments are calculated" so long as: 1586130.1 43 Engineer's Report I Harris & Associates Benefit District No. 2019-1(Oal< & Water Street Public Improvements) City of Petaluma October 10, 2019 ® the total assessment upon a parcel is not greater than the proportional special benefit it receives, and the costs being apportioned do not include costs above those related to constructing the improvements that provide special benefits to the parcels within the assessment district. (Dahms v. Downtown•Pomona Property & Business Improvement Dist. (2009) 174 Cal.App.4th 708, 723, as modified on denial of reh'g (June 8, 2009). Courts describe a special benefit as direct and property -related, and a general benefit as indirect and/or incidental. In discussing special versus general benefits, the California Supreme Court stated the following: We do -not believe that the voters intended to invalidate an assessment district that is narrowly drawn to include only properties directly benefitting from an improvement. Indeed, the ballot materials reflect otherwise. Thus, if an assessment district is narrowly drawn, -the fact that a benefit is conferred throughout the district does not make it general rather than special. In that circumstance, the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g., proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g., general enhancement of the district's property values). (Silicon Valley Taxpayers'Assn., Inc. v. Santa Clara County Open Space Authority (2008) 44 Cal.4th 431, 452.) As described in this report, the District is "narrowly drawn" and only includes properties that directly benefit from the Public Improvements to be funded by the assessment. In addition, no costs have been included in the assessment amount for any parcel that are in addition to the costs of the Public Improvements that specially benefit such parcel. This concept of whether a benefit (special orgeneral) is significant and measurable is central to the allocation of costs to a parcel,based upon the benefit it receives. In reviewing the design plans, cost estimates, and affected properties, it has been determined that the Public Improvements to be included in the District provide a direct and special benefit only to the parcels within the proposed District, except as described below. The Public Improvements, which will be paid for by the assessment, will benefit the parcels within the District by improving access due to their direct and adjacent proximity to the Public Improvements, enhanced levels of service from the' construction/upgrading of the Public Improvements are available to each parcel, and the relief of a future requirement to construct/upgrade Public Improvements that would serve a parcel within the District -as part of a future development approval. Once completed, the Public Improvements will allow parcels within the District that are currently undeveloped or under developed to develop to their "highest and best use" consistent with current zoning. The following improvements have been determined to provide a general benefit, and the costs associated with the construction, including related soft costs, have been excluded from the assessment: ® Const'ruction of a Class I bicycle and pedestrian pathway from the Copeland Bridge to Water Street within property owned by the City, and continuing south within the right-of-way for Water Street to the intersection of East Washington Street. This Class I path will provide a connection to the existing bicycle and pedestrian path located on the eastern side of the Copeland Bridge, connecting up to 1586130.1 44 Engineer's Report ME I Harris kAssociates, Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 Lakeville Street. The benefits conferred by this facility will be conferred on the public generally in the City of Petaluma and has been determined to be a general benefit rather than a special benefit. a The additional costs associated with the relocation of the sanitary sewer line which bisects APN 006- 163-052 (Asmt. No. 7) to the new alignment along the southern boundary of APN 006-163-028 (Asmt. No 10). The relocation of the sanitary sewer line only benefits APN 006-163-052 (Asmt.. No. 7), therefor the costs of this work have been removed from the assessment. With the exception of the work described above, because of the localized nature of the Public Improvements and the small number of parcels that will be impacted, the Assessment Engineer has determined that there are no other "general benefits" that will be conveyed to parcels outside the boundaries of the District, or to the public at large as a result of the Public Improvements to be funded by the levy of assessments on parcels within the District. SPECIAL BENEFITS As defined in Article XIIID, "special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. Parcels within the District will receive benefits in a way that is particular and distinct from parcels outside of the District, or the public at large, and are deemed to receive a special benefit from the improvements. The courts have found that parcels can be deemed to receive a special benefit based upon their proximity to the improvements, or as a result of the "indirect, derivative advantage resulting from the overall public benefits of the improvement" (e.g., enhancement of the property values to parcels within the district as a result of the improvements funded by the district or the benefit received as a. result of the construction of public improvements that would otherwise be the responsibility of the property owner as a condition of receiving approval for development of the parcel). There are five (5) types of special benefit that parcels within the District may receive as a result of the construction of the proposed Public Improvements, they include: Construction of new public streets, sidewalk, and public parking spaces, which will provide improved vehicular and pedestrian access to parcels within the District, improve access to existing businesses located within the District, allow development of parcels within the District to their "highest and best .use" consistent with the current zoning without a requirement to construct future Public Improvements, and provide a secondary means of access to parcels or other related improvements, a Improved water distribution lines, which will provide 'an adequate supply of potable water and fire flows to parcels within the District that will allow development of parcels to their "highest and best use" consistent with current zoning, a An upgraded sanitary sewer collection system to allowthe development of parcels within the District, a An upgraded storm drain system to capture and convey run-off from parcels within the District, and 1586130.1 45 Engineer's Report I Terris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 ® Undergrounding of utilities, which will provide improved aesthetics for the streetscape enhanced reliability of services due to new wires and equipment installed underground to parcels within the District. The diagram on the following page illustrates the location of the Public Improvements to be funded by the District and the parcels within the District. 1586130.1 46 tA +-F c a) E O G U d t a) v a) 41 cu O 1i G) r-1 O N O CL v E O a) .L N N + O L n alUJ i a) o- W 4-a -O. o W m U O 47 3 . A Lu ZMia � ti S 111 � t i+J it3 (A =0 � x � L fu C �t rt m CJ J a a cl fJui 13 UJ.� a p ra t`� A b 91� v 9d r 9 fie- rrgg'..o tom. sd zz1 qjy r > 4: l i tia t 47 Engineer's Report I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10; 2019 METHODOLOGY To establish the benefit that an individual parcel within the District receives, the highest and best use of each property is considered. For example, the allocation of benefit for a vacant property is based upon the benefit the parcel would receive if it were developed to its highest potential. Similarly, an underdeveloped parcel is assumed to be developed to its highest and best use for the allocation of special benefit. Parcels within the District that receive a special benefit from'the Public, Improvement s to be constructed will be fully assessed in proportion to the special benefit received. The following parcels are owned by public agencies and the Assessment Engineer has determined that these parcels will not receive a special benefit as described above since they have no potential for future development or will be within the area -to be used for the extension of Water Street and Oak Street as part of this project. . Table 1 Parcels Which Will Not Receive a Special Benefit Asmt No. APN Public Agency -Owned Parcels 2 006-163-045-000 SONOMA-MARIN AREA RAIL TRANSIT DISTRICT 3 006-163-037-000 SONOMA COUNTY WATER AGENCY 11 006-163-054-000 CITY OF PETALUMA- EXTENSION'OF WATER STREET 12 006-163-051-0001 CITY OF PETALUMA - SEWER PUMP STATION o APN 006-163-045-000 (Asmt. No. 2) is owned by the Sonoma -Marin Area Rail Transit District and appears to be an abandoned rail easement that does not benefit from the Public Improvements and would be within the future extension of Water Street between Oak Street and Lakeville Highway. o APN 006-163-037-000 (Asmt. No. 3) is owned by the Sonoma County Water Agency and has no . potential for future development and will not benefit from the construction of Oak Street or the extension of Water Street. o APN 006-163-054-000 (Asmt. No. 11) is owned by the City of Petaluma and will be used for the extension of Water Street. It will not receive a special benefit from the Public Improvements. o APN 006-163-051-000 (Asmt. No. 12) is owned by the City and one of the City's sanitary sewer pump stations is located on this parcel. It will not receive a special benefit from the Public Improvements to be constructed in the District. 1586130.1 M Engineer's Report on I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 ASSESSMENT APPORT 8ON6�11 ENT A special benefit is provided to parcels within the District from the construction of the Public Improvements. The parcels within the District (except for Assessment No. 10, 12 and 25) are within the T5 (Urban Center) zone, which permits higher density, mixed use buildings that could include retail, office and residential uses. Ingress/egress for each of those parcels will be provided by the extension of Water Street and/or Oak Street. Most parcels within the District are either currently vacant or could be redeveloped at a higher intensity than their current use. Assessment No. 25, which is zoned D1— Historic Agricultural Services District, will receive a reduced benefit as described in the following section, since*its potential for future development is limited when compared to the other parcels within the District and its primary access is from Lakeville Street. Assessment No. 10 is designated CS -Civic Space which will limit future development on the parcel, however it is one of the parcels owned by Water Street Properties, LLC and is part of a. proposed development project currently under review by the City which includes Assessment No.'s 6, 7, 8, 9 & 10. , As previously described, the parcels within the District may receive five types of special benefit:*improved access from the construction of Water Street and the extension of Oak Street, improved water distribution lines, -.an upgraded sanitary sewer collection system, an upgraded storm drain system,.undergrounding of existing utilities, and other public improvements as.shown on the plans as referenced in Part I of this report. The special. benefit received by each parcel is dependent upon the location of the parcel relative the improvements to be constructed, and the.extent to which the improvements will facilitate development of the parcel or reduce the future costs to develop. The assessment on each parcel as set forth in .this report does not exceed the costs of the proportional specialbenefit conferred on the parcel. ® Frontage and Travel Way Improvements Benefit. The construction of Water Street and the extension of Oak Street will benefit parcels within the District by improving vehicular and pedestrian access to parcels, including access by first responders. This will provide improved access, and will enhance the development/redevelopment of parcels located within the District to their highest and best use. The costs related to the construction of Water Street and the extension of Oak Street have been separated into two components (frontage and travel way) since the special benefit received by a parcel will vary. based upon the location of parcel and the type of improvement. Frontage improvements include the construction of improvements that are located between the edge of payment and the right-of-way, and includes construction of curbs, gutters, sidewalks, and installation of landscaping within the public right of way ("Frontage Improvements"). The costs related to the Frontage Improvements benefit are allocated to parcels based on the linear footage of the parcel (as shown in Appendix D) in proportion to the total linear.frontage on all parcels that receive a similar benefit except as noted below: o AP.N 006-163-044-000 (Asmt No.. 1) is adjacent to the improvements that would be constructed along Oal<Street adjacent to the parcel, howeverthis parcel does not take direct access from Oak Street since'there is a ten -foot -wide parcel owned by the Sonoma County Water Agency located between this parcel and Oak Street. The owner of this parcel has the right to construct improvements for access. or other improvements that would not be to the detriment of the Sonoma Water County Water Agencies facilities located within their parcel (APN 006-163-037- 000). As a result, the frontage for this parcel that .was used to determine the Frontage 1586130.1 49 Engineer's Report I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 1586130.1 50 Improvements benefit for Asmt. No. 1 is based upon the frontage Oak Street that is tangential to parcel owned by the Sonoma County Water Agency and over which Asmt. No. 1 has the right to construct improvements to provide access to Oak Street. Since that portion of the frontage is shared with APN 006-284-041 (Asmt. No. 5) 50% of the tangential length has been allocated to each parcel. o APN's 006-163-055 & 006-163-041 (Asmt. No.'s 4 & 5) are both owned by North, River Apartments, LLC. Since the majority of the Asmt. No. 5 will be dedicated as public right-of-way forthe construction of Oak Street, the street frontage for both parcels has been assigned to Asmt. No. 4 for the apportionment of the assessment. o The City has approved a land transfer which will convey a portion of APN 006-163-051 (Asmt. No 12) (approximately 2,130 sq. ft.) to APN 006-163-052 (Asmt. No. 7) as part of the planned development on Assessment No.'s 6, 7, 8, 9&10. The linear frontage on APN 006-163-028 (Asmt. No. 10) has been reduced based upon the area to be transferred to the' City of Petaluma for the relocation of the access road for the sewer pump station. The linear frontage on APN 006-163- 052 has been increased based on the area to be transferred to the property owner from the City. o APN 006-284-014-000 (Asmt. No. 15) does not have direct frontage on Water Street, however it does have a right of access across the adjacent parcel and a driveway entrance is being provided to access the rear of the parcel, therefore, it is assigned a frontage benefit of 31 feet; which -is 50% of the parcel's width o APN 006-284-043-000 (Asmt. No. 18) has existing curb, gutter, and sidewalk improvements along the west side of Water Street which were installed by the property owner and will remain, therefore the Frontage Improvements benefit shall be based only on the new improvements to be constructed upon the parcel's frontage along the west side of Water Street. o APN 006-171-011-000 (Ascot. No. 25) a portion of this parcel is adjacent to the Water Street Travel Way Improvements that will be constructed by the District. However, the parcel is zoned D1- Historic Agricultural Services District and has a reduced opportunity for future development. In addition, it receives primary access from Lakeville Street. At .the time of any future redevelopment of this parcel, it is anticipated that the City would require that the portion of' Water Street from Oak Street to Lakeville Highway be completed. As a result; the Frontage Improvement benefit for Asmt. No. 25 has been reduced by 90% to reflect a reduction in benefit received by the parcel. Table 2 below shows the parcels that will not receive a special benefit from the Frontage Improvements, and hence will not be assessed for these benefits. The basis for the exemption of these parcels is described below. Engineer's Report I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma , October 10, 2019 Table 2 Parcels Exempt from the Frontage. Improvement Assessment Ascot No. APN Owner 5 006-163-041-000 NORTH RIVER APARTMENTS, LLC 8 006-163-053-000 WATER STREET PROPERTIES, LLC 11 006-163-054-000 CITY OF PETALUMA o A major portion of APN 006-163-041-000 (Asmt. No. 5) will be conveyed at no cost to the City of Petaluma -by North River Apartments, LLC for the construction of the extension of Oak Street and Water Street. The frontage associated with the extension of Oak Street and Water Street for this parcel has been allocated to the adjacent North River Apartments, LLC APN 006-163-040-000 (Asmt. No. 4). o The entirety of APN 006-163-053 (Asmt. No. 8) will be dedicated to the City at no cost to the District by Water Street Properties, LLC for construction of the extension of Water Street. The frontage associated with the construction of Water Street has been assigned to APN 006-163- 005 (Asmt No. 6) and APN 006-163-005-000 (Asmt. No. 7) and APN 006-163-025-000 (Asmt No. 9) which. are adjacent to this.parcel. o The entirety of APN 006-163-054-000,(Asmt. No, 11), which is owned by the City,, will be located within the* public right-of-way for the extension of. Water Street -The frontage associated with the construction of Water Street has been assigned to APN 006-163-028-000 (Asmt. No. 10), APN 006-163-026-000 (Asmt. No. 13), and APN 006-163-022-000 (Asmt. No. 14) which are adjacent to this parcel. Travel Way Improvements includes the removal of existing railroad tracks, demolition of existing curbs,.sidewalks, gutters, asphalt; clearing of brushes and trees, and other improvements as required to allow for the construction of the new improvements within the travel way including paving, striping and installation of street signs, traffic signals, and street lights ("Travel Way Improvements"). The costs related to the Travel Way Improvements are allocated to parcels based on their net developable acreage (as shown in Appendix D) in proportion to the net developable acreage of all parcels that receive a special benefit since the number of vehicular or pedestrian trips generated is a function of parcel size, except as noted below. Net developable acreage is defined as a parcel's gross acreage less any acreagethat has been orwill be dedicated as public right-of-way'for. the construction of Oak Street and Water Street, is below the mean. high tide level, or is a remainder parcel that is not developable (portions of Asmt. No.'s 16,17 & 18 on the east side of Water Street) afterthe dedication of right-of-way. o APN 006-163-044-000 (Asmt. No. 1) does not take direct access from Oak Street since there is a ten -foot -wide parcel owned by the Sonoma County Water Agency located between this patcel and the extension'of Oak Street that will be constructed by the District and the parcel receives its primary access from Petaluma Boulevard. The owner of this parcel has the right to construct improvements which could provide a secondary access from Oak Street or other improvements that would not be to the detriment of the Sonoma Water County Water Agency's facilities located 1586130.1 51 Engineer's Report I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 1586130.1 52 within its parcel (APN 006-163-037-000). Since the parcel does not have direct access to the extension of Oak Street, the net acreage used to calculate the Travel Way Improvements benefit for Asmt. No. 1 has been reduced by 50% to reflect a reduction in the benefit received by the parcel o A portion. of APN 006-163-041-000 (Asmt. No. 5), owned by North River Apartments, LLC will be conveyed to the City for the construction of the Oak Street Extension. Therefore, the acreage of the parcel has been reduced 70.8% which reflects the acreage that will be dedicated as public right-of-way or is not developable. o The area ofAPN's 006-163-052 and 028 (Asmt. No's 7 and 10) have been adjusted based upon the City's approval of a lot line adjustment, which will convey a portion of APN 005-163-051 (Asmt. No 12) (approximately 2,130 sq. ft.) to APN 006-163-052 (Asmt. No. 7), and the area of APN 006-163-028 (Asmt. No. 10) has been reduced based upon the transfer of a portion of that parcel to the City for the construction of the relocated access road to the City's sewer pump station. o APN 006-171-011-000 (Asmt. No. 25) a portion of this parcel is adjacent to the Water Street Travel Way Improvements that will be constructed by the District. The parcel is zoned D1 -Historic Agricultural Services District and has a reduced opportunity for future development. In addition, Asmt No. 25 receives it primary access from Lakeville Street. However, at the time of any future redevelopment it is anticipated that the City would require that the portion of Water Street from Oak Street to Lakeville Highway be completed. The acreage used to calculate the Travel Way Improvements benefit�for-this parcel been reduced by 90% to reflect the reduced benefit this parcel will receive. The following table shows the parcels that the Assessment Engineer has determined will not receive a special benefit from the Travel Way Improvements and, hence, will not be assessed for these benefits. Table 3 Parcels Exempt from the Travel Way Improvements Assessment Asmt No. APN. Owner .2 006-163-045-000 SONOMA-MARIN AREA RAIL TRANSIT DISTRICT 3 006-163-037-000 SONOMA COUNTY WATER AGENCY 8 006-163-053-000 WATER STREET PROPERTIES LLC 11 006-163-054-000 CITY OF PETALUMA 12 006-163-051-000 CITY OF PETALUMA o APN 006-163-045-000 (Asmt. No. 2), APN 006-163-037-000 (Asmt. No. 3), and APN 006-163-054- 000 (Asmt. No. 11) are publicly owned parcels that cannot be developed and will not benefit from the Travel Way Improvements as previously discussed. o APN 006-163-053 (Asmt. No. 8), owned by Water Street Properties will be dedicated as public right-of-way for the construction of Water Street, and City -owned parcel, APN 006-163-054-000 Engineer's Report I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) WM City of Petaluma October 10, 2019 (Asmt. No. 11), will also be used for the construction of the, Water Street. These parcels will not benefit from the Travel Way Improvements. o APN 006-163-051-000 (Asmt No. 12) is owned by the City and has an existing sewage pump station located on the parcel. Since the parcel will not be developed to a more intense use capable of generating additional vehicular trips that would utilize the Travel Way improvements it does not receive a benefit from the Travel Way Improvements. ® Water Line Improvements Benefit. Water line improvements include the construction of new water mains, steel pipe casings, fire hydrants, and other water system -related components ("Water Line Improvements")., As shown on the improved plans, Water Line Improvements will be constructed within Water Street and the extension of Oak Street. The construction of the new water lines.will provide an adequate supply.of potable water and fire flows to allow the development of parcels to their highest and best use. Water Line Improvements costs are spread to parcels which will be served by the enhanced water facilities and will receive a special benefit as a result of the construction of those improvement by the District. The costs of the Water Line Improvements will be allocated to parcels based upon each parcel's net acreage. Those parcels that do not front the Water Line Improvements and that are connected to (or can connect to) the existing water improvements that .are capable of providing the fire flows needed to permit development to the parcels' highest and best usewill not receive a special benefitfrom the construction of the new Water Line Improvements and, hence, will not be assessed for this special benefit. The net developable acreage has been modified for several parcels as described below: o A portion of APN 006-163-041-000 (Asmt No. 5), owned by North River Apartments, LLC, will be dedicated as public right-of-way as part of the.Oak Street Extension. Therefore, the acreage of this parcel has been reduced to account for the portion of the acreage that will be the public . right-of-way. o APN 006-171-011-000 (Asmt No. 25) is adjacent to the Water Street Frontage Improvements and could be served by the waterline within Water Street that will be constructed by the District if it develops in the future. However, the potential for future development is limited based.upon the parcels zoning (D1 -Historical Agricultural Services District). The City's utility plan also shows extension of the water line from the intersection of Oak Street and Water Street within the future . extension of Water Street to Lakeville Highway. It is expected that this parcel would contribute to the costs of the extension of the waterline as part of any future development. Therefore, the acreage for this parcel has been reduced by 90% tb reflect the reduction in the proportional benefit this parcel would receive from the Water Line Improvements to be constructed by the District. The following table shows the parcels that will not receive a special benefit from the Water Line Improvements and, hence, will not be assessed forthese benefits. isasiao.i 53 Engineer's Report Benefit District No. 2019-1(Oak. & Water Street Public Improvements) City of Petaluma October 10, 2019 Ea, Harris & Associates Table 4 Parcels Exempt from the Water Line Improvement Assessment Asmt No. APN Owner 1 006-163-044-000 PALM JAY J TR & PALM CARELLE E TR 2 006-163-045-000 SONOMA-MARIN AREA RAILTRANSIT DISTRICT 3 006-163-037-000 SONOMA COUNTY WATER AGENCY 8 006-163-053-000 WATER STREET PROPERTIES LLC 11 006-163-054-000 CITY OF PETALUMA 12 006-163-051-000 CITY OF PETALUMA 18 006-284-043-000 246 PETALUMA BLVD NORTH LLC 19 006-284-042-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN 20 006-284-038-000 PETALUMA 218 NORTH LLC 21 006-284-039-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN 22 006-284-037-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN 23 006-284-041-000 C7 LLC ET AL -24 j 006-284-040-000 C7 LLC ET AL o APN 006-163-044-000 (Asmt. No. 1) is currently served by the existing waterline in Petaluma Blvd. and will not benefit from the new waterline which will be constructed in Oak Street. o APN 006-163-045-000 (Asmt. No. 2), APN 006-163-037-000 (Asmt. No. 3), and APN 006-163-051- 000 (Asmt. No. 12) are publicly owned parcels which will not receive a special benefit from the Water Line Improvements since they will not be developed to a higher use that will require additional water or increased fire flows. o APNs 006-163=053 (Asmt. No. 8), owned by Water Street Properties will be dedicated as public right-of-way to the City and City -owned parcel, APN 006-163-054-000 (Asmt. No. 11),'will become part of the Water Street Extension, therefore these parcels will not receive a special benefit from the Waterline Improvements. o APNs 006-284-037-000 through 006-284-043-000 (Asmt Nos. 18 through 24) are serviced by existing water improvements, and therefore will not receive a special benefit from the construction of the Water Line Improvements. ® Sanitary Sewer Collection System Improvement Benefit. The cost for the construction of the sewer line and related improvements ("Sanitary Sewer Improvements") have been allocated to parcels based upon the net developable acreage for each parcel. Sanitary Sewer Improvements include the construction of new sewer mains, steel pipe casing, sewer manholes, and other sewersystem-related components. The additional costs related to the relocation of the existing sewer line.that runs from the existing manhole in the extension of future Water Street to the exiting sewer lift station through parcel 006-163-052-000 (Asmt No. 7) are not a part of :the improvements being constructed orfunded by the District. The costs of the Sanitary Sewer Improvements have been apportioned to those parcels that will be served by, and receive a special benefit' from, such improvements. The costs of the sewer 1586130.1 54 Engineer's Report = I Hards Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) MIN City -of Petaluma October 10, 2019 improvements have been allocated to parcels that receive a special benefit based upon their net developable acreage except as noted below: o A portion of APN 006-163-0417000 (Asmt No. 5), owned by North River Apartments, LLC, will be dedicated as public right-of-way as part of the Oak Street Extension. Therefore, the acreage of this parcel has been reduced to account for the portion of the acreage that will be the public right-of-way. o APN 006-171-011-000 (Asmt No. 25) is adjacent to the Water Street Frontage Improvements and could be served by the sewer line within Water Street that will be constructed by the District if it develops in the future. However, the potential for future development is limited: based upon the parcels zoning (D1 -Historical Agricultural Services District). Therefore, the acreage for this parcel. has been reduced by 90%' to reflect the reduction in the proportional benefit this parcel would receive from the Sanitary Sewer Improvements to be constructed by the District. The following table shows the parcels that will not receive a special benefit from the Sanitary Sewer Improvements since they already are served by existing improvements and will not be assessed for these benefits. Table 5 Parcels Exempt from the Sewer Line Improvement Assessment Asmt No. APN Owner 1 006-163-044-000 PALM JAYJ TR & PALM CARELLE ETR 2 006463-045-000 SONOMA-MARIN AREA RAILTRANSIT DISTRICT 3 006-163-037-000 SONOMA COUNTY WATER AGENCY 8 006-163-053-000 WATER STREET PROPERTIES LLC 11 006-163-054-000 CITY OF PETALUMA 12 006-163-051-000 CITY OF PETALUMA 13 006-163-026-000 275 WATER STREET LLC 14 006-163-022-000 275 WATER STREET LLC 15 006-284-0147000 SING CHONG INVESTMENTS LLC 16 006-284-036-000 GOLITI LARISSA TR 17 006-284-018-000 246 PETALUMA BLVD NORTH LLC 18 006-284-043-000 246 PETALUMA BLVD NORTH LLC 19 006-284-042-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN 20 006-284-038-000 PETALUMA 218 NORTH LLC 21 006-284-039-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN 22 006-284-037-000 FORMAN.WILLIAM CASH & FORMAN JULIE MEGHAN 23 006-284-041-000 C7 LLC ET. AL 24 006-284-040-000 C7 LLC ETAL 1586130.1 55 Engineer's Report NMI Harris AoCia Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 1585190.1 61.1 o APN 006-163-044-000 (Asmt. No. 1) is currently served by the existing sanitary sewer in Petaluma Blvd. and will not receive a special benefit from the new Sanitary Sewer Improvements. o ' APN 006=163-045-000 (Asmt., No. 2), APN 006-163-037-000 (Asmt. No. 3), and APN 006-163-051- 000 (Asmt. No. 12) are publicly owned parcels which will not receive a special benefit from the Sanitary Sewer Improvements since they will not be developed to a higher use that will require sewer improvements and will not benefit from the Sanitary Sewer Improvements. o APNs 006-163-053-000.(Asmt. No. 8), owned by Water Street Properties will'be dedicated as public right-of-way to the City of Petaluma and City -owned parcel, APN 006-163-054-000 (Asmt. No. 11), will become part of the Water Street Extension, therefore these parcels will not receive a special benefit from the Sanitary Sewer Improvements. o The remaining APNs listed above (Asmt. Nos. 1 and 13 through 24) are served by existing sanitary sewer improvements that will remain, and therefore will not benefit from the construction of the Sanitary Sewer Improvements. Storm Drain System Improvement Benefit. Storm drain system improvements include the construction and installation of storm drainage pipes, storm drain manholes, Silva cells, and storm drain system -related components ("Storm Drain Improvements"). The cost for the construction of the Storm Drain Improvements has been allocated to parcels thatwill be served by the improvements based upon net developable acreage except as noted below: o A portion of APN 006-163-041-000 (Asmt No. S), owned by North River Apartments, LLC, will be dedicated as public right-of-way as part of the Oak Street Extension. Therefore, the acreage of this parcel has been reduced to account for the portion of the acreage that will be the public right-of-way. The following table shows the parcels that will not receive a special benefit from the Storm Drain System Improvements and, hence, will not be assessed for these benefits. Table 6 Parcels Exempt from the Storm Drain Improvement Assessment Asmt No. APN Owner 1 006-163-044-000 PALM JAY TR & PALM CARELLE E TR 2 006-163-045-000 SONOMA-MARIN AREA RAILTRANSIT DISTRICT 3 006-163-037-000 SONOMA COUNTY WATER AGENCY 8 006-163-053-000 WATER STREET PROPERTIES LLC 11 006-163-054-000 CITY OF PETALUMA 12 006-163-051-000 CITY OF PETALUMA 18 006-284-043-000 246 PETALUMA BLVD NORTH LLC 25 006-171-011-000 JHUNT& BEHRENS INC Engineer's Report an I Had=es & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) Ex City of Petaluma October 10, 2019 o APN's 006-163-045-000 (Asmt. No. 2), 006-163-037-000 (Asmt. No. 3), and 006-163-051-000 (Asmt. No. 12) are publicly owned parcels that do not benefit from the Storm Drain Improvements as previously discussed. o APN 006-163-053-000 (Asmt. No. 8), owned by Water Street Properties will be dedicated as public right-of-way to the City of Petaluma and APN 006-163-054-000 (Asmt. No. 11) which is owned by the City, will become part of the Water Street Extension, therefore these parcels will not receive a special benefit from the Storm Drain Improvements. o APN's 006-163-044-000 (Asmt. No. 1), 0067282-043-000 (Asmt. No. 18), and 006-171-009-000 (Asmt No. 25), are served by existing storm drains and will not benefit from the construction of the Storm Drain Improvements. ® Joint Trench Improvement Benefit. The undergrounding .of the dry utilities will provide improved aesthetics for the streetscape due to placing new dry utilities underground and removing existing overhead wires and utility poles, as well as increasing reliability of services due to new wires and equipment installed underground ("Joint Trench Improvements"). The costs for the construction of the Joint Trench Improvements are allocated 50% based on the linear footage of the parcel in proportion to the total linear frontage of all parcels, and 50% based on net developable acreage of the parcel in proportion to the total net developable acreage of parcels within the District. The same adjustments to the linearfrontage and net developable area of parcels described in the preceding sections shall be used for to.apportion the assessment for the joint trench benefit, except as noted below: o APN 006-284-043 (Asmt. No. 18) the full parcel width will be used for the frontage allocation rather than the reduced frontage used for the street frontage improvement in recognition of the existing improvements that had been previously installed by the property owner. The following table shows the parcels that will not receive a special benefit from the Joint Trench Improvements and, hence, will not be assessed for these benefits. Table 7 Parcels Exempt from the Joint Trench Improvement Assessment Asmt No. APN Owner 1 006-163-044-000 PALM JAYJ TR & PALM CARELLE ETR 2 006-163-045-000 SONOMA-MARIN AREA RAILTRANSIT DISTRICT 3 006-163-037-000 SONOMA COUNTY WATER AGENCY 8 006-163-053-000 WATER STREET PROPERTIES LLC 11 006-163-054-000 CITY OF PETALUMA 12 006-163-051-000 CITY OF PETALUMA 25 006-171-011-000 HUNT& BEHRENS INC 1586130.1 57 Engineer's Report ME I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 - 1586130.1 W o APN 006-163-044-000 (Asmt No. 1) is adjacent to the Oak Street Frontage and will continue to receive service from the existing overhead utilities and will not receive a special benefit from. undergrounding/installation of the new utilities. o APN 006-163-045-000 (Asmt No. 2), APN 006-163-037-000 (Asmt No. 3), and 006-163-051-000 (Asmt No. 12) are. the publicly owned parcels that do not benefit from the Joint Trench Improvements as previously discussed. o APNs 006-163-053-000 (Asmt No. 8), owned by Water Street Properties, and 006-163-054-000 (Asmt No. 11), owned by the City of Petaluma, will be conveyed as public right-of-way as part of the Water Street Extension, therefore these parcels will not benefit from the Joint Trench Improvements. o APN 006-171-011-000 (Asmt 25) is served by existing utilities on Lakeville Street and will not benefit from the joint trench improvements. Right -of -Way Acquisition. Most of the right-of-way that will be required for the extensions of Oak Street and'Water Street is either owned by the City in fee or via previous dedications, or will be dedicated to the City at no cost in association with previously approved developments that are required to dedicate the required right-of-way as a condition of approval. The right-of-way across APN 006-284-036-000 (Asmt..No. 16) and APN 006-163-026-000 will need to be acquired for the extension of Water Street. In addition, temporary construction easements must be obtained across privately owned parcels related to construction of Water Street and undergrounding of utilities. The cost related to the acquisition of the required rights-of-way and temporary construction easements forthe construction of Water Street is allocated to parcels on the same basis as the special benefit for the travel ways and is based on the net developable acreage, as adjusted, of each parcel in proportion to the net developable acreage of all parcels which will receive a.special benefit from the construction of the Travel Way Improvements, since the number of vehicular or. pedestrian trips generated is a function of parcel size, except as noted below; o APN 006-163-044-000 (Asmt No. 1) does not take direct access from Oak Street since there is a ten -foot -wide parcel owned by the Sonoma County Water Agency located between this parcel and the extension of Oak Street that will be constructed by the District. The owner of this parcel has the right to construct improvements for access or other improvements that would not be to, the detriment of the Sonoma Water County Water Agency's facilities located within their parcel (APN 006-163-037-000). Since the parcel does not have direct access to the extension of Oak Street, the Travel Way Improvements benefit for Asnit. No. 1 has been reduced by 75% to reflect a reduction in the benefit received by the parcel o A portion of APN 006-163-041-000 (Asmt. No. 5), owned by North River Apartments, LLC will be conveyed to the City for the construction of the Oak Street Extension. Therefore, the acreage of parcel has-been reduced 67.5% which reflects the acreage that will be dedicated as public right- of-way. Engineer's Report I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) NO City of Petaluma October 10, 2019 o APN 006-171-011-000 (Asmt No. 25) a portion of this parcel is adjacent to the Water Street Travel Way Improvements that will be constructed by the District, however at the time of development it is anticipated that the City would require that the portion of Water Street from Oak Street to Lakeville Highway be completed. In addition, this parcel also receives access from Lakeville Highway. Therefore, the net acreage has been reduced by 90% to reflect the reduced benefit this parcel will receive. The following table shows the parcels that the Assessment Engineer has determined will not receive a special benefit from the acquisition of the right-of-way and temporary construction easements and, hence, will not be assessed for these benefits. Table 8 Parcels Exempt from the Right -of -Way Assessment Asmt No. APN Owner 2 006-163-045-000 SONOMA-MARIN AREA RAILTRANSIT DISTRICT 3 006-163-037-000 SONOMA COUNTY WATER AGENCY 8 006-163-053-000 WATER STREET. PROPERTIES LLC 11 006-163-054-000 CITY OF PETALUMA 12 006-163-051-000 1 CITY OF PETALUMA o APN 006-163-045-000 (Asmt. No. 2), APN 006-163-037-000 (Asmt. No. 3), and APN 006-163-051- 000 (Asmt. No. 11) are publicly owned parcels that cannot be developed and will. not benefit from the Travel Way Improvements. o APN's 006-163-053-000 (Asmt. No. 8), owned by Water Street Properties, and 006-163-054-000 (Asmt. No. 11), owned by the City of Petaluma, are within the public right-of-way and will become part of the Water Street Extension and will not benefit from the Travel Way Improvements. Exhibit 2 (Assessment Roll) shows the improvement costs that have been allocated to each parcel based upon the special.benefit it receives as described herein. Incidental costs are allocated on a pro -rata basis to each parcel. A contribution of funds ("Contribution") will be made to the Benefit District for the construction of the improvements shown below, which do not provide a special benefit to parcels with the District. Thus, the costs associated with the improvements in the table below are not included in the total assessment for the District. A majority of the Contributions are from North River Apartments, LLC, as the developer of the North River Apartments Project. However, a portion of the Contributions may be funded from the City's Measure M funds for the construction of the bike/pedestrian path. If the Measure M funds are not available or not sufficient to pay the cost for the construction of the bike/pedestrian path, North River Apartments, LLC shall be responsible forthe cost of constructing the bike/pedestrian path as shown on the approved plans.. North River Apartments, LLCshall also be responsible for the additional cost related to the relocation ofthesanitary 1586130.1. 59 Engineer's Report an I Farris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of.Petaluma October 10, 2019 sewer line between Water Street and the City's sewer pump station. The following table shows a breakdown of the Contributions: TABLE 9 CONTRIBUTIONS FOR THE CONSTRUCTION.OF IMPROVEMENTS NOT INCLUDED IN THE DISTRICT Improvement Contribution Construction of a Class I bicycle and pedestrian pathway, including the retaining wall, from the Copeland Bridge to Water Street within property $499,963 owned by the City, and continuing south within the right-of-way for Water Street to the intersection of East Washington Street. The additional costs associated with the relocation of the sanitary sewer line which bisects APN 006- $93,695 163-055 (Asmt. No. 7) to the new alignment along the southern boundary of APN 006-163-028 (Asmt. No 10). The detailed cost estimate included in Appendix Cshows the cost of the improvements that are not included in the assessment. 1586130.1 60 eU) 4 00 of tom-: O N E N 0 U U Cd 4- tll In m c>3 O c -i O N oz M rte-+ CL E o N N t O L a L N + 4- ll r O Q � o _ U w m U O 1.10 n n m N n 09 O c 1 n eY c Gh IX3 0 O w 3 IT M M w rl iv � � d; I �• Z � � uE � � � � � N lctO 0.7 � lG n n ld N m . h �1,, � CdC77�1IXi O W <h c -L o� popd' H n c7i rn-IO` ry lOp N N tmj 7' h l�9 Nn -1 N N 0�0' `n-1 SOU l0 N v-1 N tI} u} tt} Vi 'th vt tn• V). to th t1Y (h t1} V., V-) tti t%!• {1} tt} [h t/T ttT tth V). try V), ti O l0 a7 n N' i I 1c��-i Ing c�h �OC1 1pfmp� h O- r W i 1� ui lMD I'fj H tIl N t. v�v�� Ln h c0i m�m od od rT nT popo m ® d> rfi id d io irT td to tD t0 to M � � oG N SN N SG Ch co cccM . � ."' t!} tt? t/T iP} tt)• t!? tt} th tn- ttt/p(? tf} tl} t/l th th td? ttn V). 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'nto th th ti> PR yy � W a U U .O.S � .UJ.a ,U.1 t -J t./-4 tt_131 t.�J t��/-14, �' � � � LR O Wr� 0 0W W 6U Ltd tdd FM- F^ {- ¢awZ � accds Jo4oiS O FFFFF d Gl A v z a_ 3 a a> Fes- z rn Q a a a a w Q z Q M Q�¢hmUm�z c`�J cr Q 4 n n sn 4 z d z z zzXu 06 . J z M d ®z® acn zzo��UNtriin'�t�vN�a© O O o �] g 0 0 Q Q b o o b 0 0 0 o 0 0 00 g o© o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0`f 0 0 0 0 0 0 0 0 0 ' 0 0 o a 9.9 4 �0J 0 tea{. LI1 1� IUIj�I� rl tpIO��tttt..'7711 �((J..,�jj ttC��i' �L�{�,i', `ttfyy�� (NN(Iyy �t�--}{{' t1) ��0--�71I tqq>l� ' 08, cSl �M1tyy7, e� t� 6 0 � O 0 0�� 0 n5 n5 o���n,e� �n in5o,m nntid d pip �C4O4444 i rnt NJN'h,rwh w'� �Johj ' JN, `jMN� `N}� `N`h, 00 O O Q Q O O O O O O O O Q 0 a Q O O Q O ri N m d' In lO h0. 61 t��- ri H M HO ent Mrl H N N N NOOOO N N z 1.10 Engineer's Report Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 WEI Harris & Assodates It is anticipated that the Public Improvements will be constructed by North River Apartments, LLC as the owner(s) of APN 006-163-055-000 and 006-163-041-000, and dedicated to the City upon completion and acceptance by the City. r Under the provisions of the Petaluma Municipal Code Chapter 13.35, the assessments on the benefitted parcels shown in the table on the following page will be deferred until the owner of the parcel receives a Development Approval from the City, as defined in Part III of this Report. The payment of the assessment shown in this Report, including any escalation allowed as described herein, shall be paid to the City prior to the issuance of a building permit. If any parcel with a deferred assessment (excluding Asmt No.'s 6, 7, 9 and 10) provides on-site affordable housing units as a part of a future development which would trigger the payment of the deferred assessment as defined herein, the parcel will receive a reduction in the deferred assessment to be paid. For this purpose, 'affordable housing units' are those units designated as available to households whose gross income does not exceed 120 percent of the area median income for Sonoma County'as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 and 50052.5 of the California Health and Safety Code. The amount of the reduction shall be calculated by the City's Planning Manager as follows: a) For residential development the reduction in the deferred assessment shall be calculated based upon the- ratio of the total square footage of the affordable dwelling units as a percentage of the square footage for all dwelling units within the building. Example: 4,000 sq. ft. affordable units _10,000 sq. ft. all dwelling units = 40% reduction in assessment. b) For mixed use development the reduction in the deferred assessment shall be calculated based upon the ratio of the total square footage of the affordable dwelling units as a percentage of the gross square footage of the entire building excluding common space areas provided for the use of the occupants of the dwelling units. Example: 4,000 sq. ft. of affordable units : (10,000 total building sq. ft. — 800 sq. ft. of common area) = 43.5 % reduction in assessment Any reduction in the assessment on a parcel as described above will reduce the total funds available to be paid to North River Apartments, LLC under -the proposed Reimbursement Agreement with the City forthe- construction of the Public Improvements. 1586130.1 . 62 Engineer's Report I Hari -is & Associates Benefit District No. 2019-1 (Oal( & Water Street Public Improvements) City of Petaluma October 10, 2019. WCELS WITH DEFERRED ASSESSMENTS The benefitted parcels shall have no obligation to paythe assessment shown if the owner does not receive a Development Approval as defined in Part III within 20 years from the.date of the formation of the District. Following the completion of the Public Improvements, the -City shall review the actual cost of the Public Improvements, and may request such documentation as it deems necessary to determine the costs. The City shall adjust the assessment on each parcel based upon the actual cost. of the eligible improvements as determined by the City, if less than the estimated costs shown in this report. In no event shall the assessment on a parcel exceed the costs shown below. Any adjustment to the assessment shown based upon the final confirmed costs for the construction of the Public Improvements shall be allocated proportionally to each parcel in accordance with the assessment methodology described in Part III. TABLE 10 PARCELS WITH DEFERRED' ASSESSMENTS Asmt No. APN Owner Total Assessment' . Deferred Assessment 1 006-163-044-000. PALMJAYJ TR & PALM CARELLE ETR $ 267,843.67 $ 267,843.67 2 006-163-045-000 SONOMA-MARIN AREA RAIL TRANSIT DISTRI CT $ - $ - 3 006-163-037-000 SONOMA COUNTY WATERAGENCY $ - $ 4 006-163-055-000 • NORTH RIVER APARTMENTS, LLC $ 6,609,944.46 $ - 5 006-163-041-000 NORTH RIVER APARTMENTS, LLC $ 294,368.87 $ - 6 006-163-005-000 WATER STREET PROPERTIES LLC $ 2,498,427.30 $ 2,498,427.30 7 006-163-052-000 WATER STREET PROPERTIES LLC $ 1,690,359.73 $ 1;690,359.73 8 006-163-053-000 WATER STREET PROPERTIES LLC $ - $, . - 9 006-163-025-000 WATER STREET PROPERTIES LLC $ 468,449.92 $ .468,449.92 10 006-163-02&000 WATER STREET PROPERTIES LLC $ 284,895.23 $ 284,895.23 11 006-163-054000 CITYOFPE(ALUMA $ - $ - 12 005-163-051000 CITYOFPETALUMA $ - $ - 13 006-163-026-000 ' 275 WATER STREET LLC $ 331,552.38 $ 331,552.38 14 006-163-022-000 275 WATER STREETLLC $ 328,460.60 $ 328,460.60 15 006-284-014-000 SING CHONG INVESTMENTS LLC $ 488,926.11 $ 488,926.11 16 006-284036-000 GOLITI LARISSA TR $ 928,737.35 $ 928,737.35 17 006-284018-000 246 PETALUMA BLVD NORTH LLC $ 751,190.07 $ 751,190.07 18 006-284-043-000 246PETALUMABLVD NORTH LLC $ 617,063.64..$ 617,1363.64 19 006-284-042-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN $ 289,275.42 $ 289,275.42 20 006-284038-000 P ETALUMA 218 NORTH LLC $ 176,646.54 $ 176,646.54 21 006-284039-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN, $ 170,894.35 $ 170,894.35 22 006-284-037-000 FORMAN WILLIAM CASH & FORMAN JULIE MEGHAN $ 24,115.40 $ 24,115.40 23 006-284041-000 C7LLC ETAL $ 27,642.80 $ 27,642.80 24" 006-284040-000 C7LLCETAL $ 187,735.88 $ 187,735.88 25 006-171-011-000 1 HUNT& BEHRENS INC $ 170,708.44 $ 170,708.44 TOTALS $16,607,238,16 $ 9,702,924.83 1586130.1 63 Engineer's Report I Har * & A�ssodates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 All assessments paid to the City shall be deposited into a fund established by the City, and may be distributed to the financing party as described in the Reimbursement Agreement between North River Apartments, LLC and the City. The deferred assessment payable for each parcel upon receipt of a Development Approval as described above shall be increased annually based upon the Consumer Price Index (CPI) for all Urban Consumers in the San Francisco -Oakland -Hayward areas, not to exceed three percent (3.00%) per year beginning January 1, 2020 plus an annual administrative fee of $200 per parcel for each year of deferral of the assessment which shall be retained by the. City to reimburse for all costs incurred by the City for the administration of the assessment deferral program 1585130.1 64 Engineer's Report Im I U Har riAssociate Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 A reduced copy of the Assessment Diagram is provided in Appendix B. Full-sized copies of the Boundary Map and Assessment Diagram that show the parcels within the boundaries of the District are on file in the Office of the City. Clerk, of the City of Petaluma. As required by the Act, the Assessment Diagram shows the exterior boundaries of the District and the assessment number assigned to each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Part III,.Exhibit 1. The Assessor's Parcel Number is also shown for each parcel as it existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessor's Parcel Maps of the County of Sonoma for the boundaries and dimensions of each parcel of land. 1586130.1 65 th cu 44 m a� W, fP! a� LL I Ln v E v 0 Q. E U a. i v N i N co O c -I CD ,A O N O 0 z 6 u E o � N . o � L 0 0 ;ao U U Lu m U O M. ti N O H N O 00 O ei M i 05 N ' I b lf1 m I`: t'9 1� gyp? 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LL r 22 W W N Z.Fo� aZNZ z� QO .O UN 6'mLL F¢ K aaN Z N°OWNW� QUw U' W K 26' t_ lof a mo F•�O. � ?� j KLL (7 NJ.2 N �ZpWQN j rm Z p� a'N WD U V° ( WO ¢ZNw (4 (wJw�w O�WC t}U Wx I� p� Z2 Z°U r�i� U NU VU viUg< �ONa�oc C1 vF U wW VU Z o WQLL2LL 2WOK0 w m zpZOz n QO O 1 OOZ:IW I'pp UZWQ !t �,)� 4Eo ctOio OOa � az S_� QzazW N w:, i1 Cob 1=.„ o z W 3 r ao zKOt�ila NZ2� mow. rap° w N!26 •!3 Lu KaK j j mooZO� T fK❑QLLN t m ro z ��Z® ���m� GGor oa9N 0 ®®� ! — w ® 2z o0� Go= , car ZIt M�< FRI ® z LIJ ^' L LU W to bn U)12.�r J Lbs - � � N ZJ'w...F _ � z U w aN w� �� r CL t ` 1 � 0 4 ! f z 71 Engineer's Report Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 10 PH -1 ROADWAY IMPROVEMENTS _ _ _ 48,000_.00 70.00 _$ _ _ 23,100.00 12 MOB -SETUP CLEAN&SELL _ _ _' 1. 000 LS 195,0.00.00,$ _ 1_95,0_00.00'.. 15 REMOVE EX RR TRACKS 1,321.000 LF 52.00 $ 68,692.00' 18 DEMO FEN CES/STAIRS-DECKS/MISC CLEARING 1.000 LS 35,000.00 $ 35,000.00 19 DEMO CURB/GTR-SIDEWALK @ PET BLVD & OAK 190.000 LF 50.00 $ 9,500.00 20 DEMO EXPOSED CONC SLAB/FDN(APPROX 3KSF) 1.00015 25,000.00 $ 25,000.00 24 DEMOEXPOSEDRETWALL@BACKOFSIDEWALK 290.000 LF 140.00 $ 40,600.00 26 MISCCLEARING- BRUSH_/TREES _ 1.00015 35?OOD00 $ _ _ 35,000.00 28 DEMO STRIP ASPHALT 3,486.000 SF 3.25 $ 11,329.50 35 PREP PRIG GROUND (SCARIFY&RECOMPACTI2" MAX DEPTH) 34,510.000 SF 0.30 $ 10,353.00 36 OVER-EXC UNDER OLD RRTRACKS 24" DEPTH 2,500.000 CY 20.00 $ 50,000.00 39 CUTTO FILL W/IN PHI 1,600.000 CY 11.00 $ 17,600.00 45 FINE GRADE R.O.W. 66,076.000 SF 1.75 $ 115,633.00 46 REHANDLE UG SPOILS (OFFHAUL) (CLEAN SOIL) 5,000.000 CY 45.00 $ -- 225,000.00_ 47 LOAD&OFFHLITSPOILS (ALLOW -TBD) CLEAN SOIL 1,250.-000 CY 45.00 $ _56,2_50.00 48 2" AC OVERLAY (PET BLVD NO.) 4,9-10.000 SF 4_.85 $ _ _ _ 23,813.50 50 S"AC/15" CL2AB(RECYCLE) 33,521.000 SF 6.85 $ 229,618.85 55 3" AC CONCORM PATCHING BEHIND B.O.WALK 109.000 SF 30.00 $ 3,270.00 60 2"AC/4 CL2A8 (RECYCLE) TEMP SIDEWALK 2,63%000 000 SF 4.00 $ 10,556.00 624"CL2'ABUNDER SIDEWALKS ._---'-..--._.---'--_.._-. .. 20,062.000. SF 1.85 $ ------------- 37,114.70 65 8" CL2A8 UNDER DRIVEWAYS 1,893.000 SF 2.90 $ 5,489.70 686"CL2ABUNDERVALLEYGUTTER 744.000 SF 5.00 $ 3,720.00 70 6"CL2AB UNDER CURB&GUTTER 2,219.000 LF 8.00 $ 17,752.00 716"Cl2ABUNDERVERTCURB 821.000 LF 6.00 $ 4,926.00 72 CONFORM GRIND @PETBLVDOVERLAY 4,910.000SF 4.50.$ 22,095.00 100 SILVA CELLS (W/TREEGRATES) 38.000 EA 12,400.00' $ 471,200.00 1016"SUBDRAIN (SILVA CELLSTOSDCB'S 1,865.000 LF 70.00 $ 130,550.00 102 PRE-TREATMENT BASIN @ SI LVA CELLS (I N CL VERT.0 UR B) 36.000 EA 4,400.00 $ 158,400.00 105 DEMO & PREP HCAP RAMPS/RETURNS @ PET BLVD 4.000 EA 3,750.00 $ 15,000.00 ROW PH -1 ROADWAY IMPROVEMENTS SUBTOTAL $ 2,028,463.25 20000 PH -2 ROADWAY IMPROVEMENTS 20200 MOB -SETUP CLEAN &SELL 20300 REMOVE EX RRTRACKS 20500 DEMO FENCES/STAIRS-DECKS/MISC CLEARING 20700 DEMO CURB/GTR 20900 MISC CLEARING - BRUSH/TREES 30000 DEMO STRIP ASPHALT(ALLOW-2 PHASES) 31000 PREP ORIG GROUND (SCA RIFY&RECOMPACTI2" MAX DEPTH) 31200 CLITTO FILL/STKPILE W/IN PH 2 31210 OFFHAUL EXCESS EXC (CLEAN SOIL) 31220 REHANDLE UG SPOILS (OFFHAUL) (CLEAN SOIL) 32000 FINEGRADER.O.W. - 32300 5-AC/15" CL2 AB (RECYCLE) 32400 3" AC CON CORMP ' ATCHING BEHIND B.O.WALK 32500 4" CL2 AB UN DER SDEWALKS 32700 8" CL2AB UNDER DRIVEWAYS 32800 6" CL2AB UNDER VALLEY GUTTER 32900 6" CL2AB UNDER CURB & GUTTER 33000 6" CL2AB UNDERVERTCURB 33010 CONFORMGRIND @ EASTWASH 33200 SILVA CELLS (W/TREE GRATES) 332056"SUBDRAIN (SILVA CELLS TOSDCB'S 33210 PRE-TREATMENT BASIN @ SILVA CELLS(INCL VERT.CURB) LANDSCAPING TRACFFIC CONTROL 1586130.1 72 1.000 LS 330.000 LF 1.000 LS 282.000 LF .- .. 1.000 LS 32,259.000 SF 10 422.000 SF 1,037.0_00 CV 856.000 CY 5_00.000 CY 3_6,085.000 SF 2.2,154.000 SF _ 2,848.000 SF 4,460t000 SF 973.000 SF _ 1,355.000 SF 1,173.000 LF 171.000 LF 760.000 SF _ -6.000 EA 60.000 LF 1.000 EA 75 000 LS 35,000.000 LS 48,_000.00 $ _ _ _ _ _ 48,000_.00 70.00 _$ _ _ 23,100.00 25,500.00 $ 25,500.00_ 23.00_ $--6,486.00 ._..._.--7,500.00 7,500.00._$.- 1.35, $ ... 43,549.65 0.20'. $_2,084.40 .....-.25,925.00 25.00 $ 45.00 $ ♦_ 38,520.00 _45.00 $ -- - _--- 22,500.00 --84,799.75 2.35 $ 7.50 $ ' 166,155.00 5.35 $ 15,236.80 2.75 $ 12,265.00 3.00 $ 2,919.00 6.00 $ __--- _8,130.00 12.00 $ 14,076.00 6.50 $ ._ _. • _ 1,111.50 8.50 $ 6,460.00 12,4.00.00 $ _-. -..- _„- 74,400.00 95.00 $ - 5,700.00 4,400.00 $ 4,400.00 - - 10000 $ 75,000.00 1.00 $ 35,000.00 Engineer's Report 1W I Harris & Associates Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 500 ROW PH -1 ROADWAY CONCRETE SOS STD CURB&GUTTER 2,219.000'LF 9999--'0666 40.00 $ 6606 88,760.00 06636006.._- ..._.-_._.__..._. .. 51012"WIDE MOWSTRIP@SILVACELLS 802.000 LF 29.50.,$ 23,659.00 6699 9963_.- 6003 9906 6699 512 VALLEYY GUTTER 744.000ISF ' noo0, $ _.._....__. 8,184.00 99999999--- _ 0606 5154"STDSIDEWALK. , 20062.000_`;SF. 6 0606;_ 7.00', $ 9999---- 140,434.00 _. . _- -- 520 8" COMMERCIAL DWYS1,893 000.SF 9.50; $ I .. 17,98 3.50 AN 525 HDICAP RAMPS (DOMES & FINISH). 9999--- 11000 EA - _. '. _ 1850AOj $ .. - 20 350.00 530 RETAINING WALL(OAKST. DEF15/C3.2) 200.000 LF 9906 _ 448.00', $ 89,600.00 6006 - 540ALLOWC&G&SIDEWALK REPLACE@PEFBLVD 90.ODO;LF --- 200.00;$ 399.0-,._ 18,000.00 92-- 545 6" CURBS @ BACK OF WALKS 221.0o0'LF 31.00' $ 6,851.00 66,06 547 BUS SHELTERPAD(5 CONC/4"AB#3518 OCEW) 84000SF 25.00 $ 2,100.00 0060 - . 550 ELECT EQPAD (5"CONC/4"AB#3'518"OCEW) 60000,SF 25.00,$ 1,500.00 09[.12"x6"COBBLESLOPEPROTECTION 37.00'. $ 4,995.00 _.._....-- 555 RET WALL @ PUMP STATION 6 , .. _ _135.000'.SF 92.000, LF .. _ 66 99__ .066 6 : 405.00', $ ...------- --- 37,260.00 - . 6 00. .. ROW PH -1 ROADWAY CONCRETE SUBTOTAL; $ 459,676.50 33400 ROW PH -2 ROADWAY CONCRETE 33600. STD CURB 966.000LF 40.00, $ _ __.._.._. 38,640.00 6600_._ 6996 _ _ ... 33610 CURB &FALLAWAYGUTTER 207.000 LF 37.00; $ _ 6600' -_. 9963. 7,659.00 _ - _ ._ - 33800 VERTICALCURB 171.000 LF - 44.00 $ 7,524.00 33820 12WIDEMOWSTRIP@SILVACELLS 132000, LF 43.0,0 0; $ 5,676.00 0 34000 VALLEY GUTTER1,355.O- ,. '996DD,SF -. 12.00' $ 16,260.00 350004"STDSIDEWALK 4,460.000 SF 7.00, $ 31,220.00 35010 SIDEWALK DRAIN (RECTANGULAR)2 D00'EA -A 3 560 00; $ 7,120.00 ----- 35500 8" COMMERCIAL DWYS :. 973.000 SF ! 14.00' $ 13,622.00 35600 HANDICAP RAMPS (DOMES & FINISH). 5,000 EA _. 1,850.00;$ _ 9,250.00. - 9999-. _. 35602 DET WARNING DOMES@DWYS 183.ODO.SF _.. 57.00, $ 10,431.00 0600 _ 35610 RETWA-. 235000 LF 0.00 $ _.LLNDRAIL(NICBYOTHERS) 9999--W/H_ 35620 REF WALL&STAIRS Supervisor 1000 LS - 15,000,00 $ 15,000.00 _ _.. .. ROWPH-2ROADWAYCONCRETE SUBTOTAL!$ 9966.. 9999----- 162,402.00 _ 0666___9960 sR01NaRDAD YGD E%FT ;P r 622S:SQ' 10000 SANITARY SEWER 1020018"PVC SEWER MAIN 228.DD0;LF 325.00$ 74,100.00 10205 18" DIP SEWER MAIN 75.000 LF 605.00; $ 45;375.00 --- __ 9999- 9999 -9999---- _ 1030024"PVCSEWERMAIN12.000'LF - 365.00;$ _._.__.._._ 6660. 4,380.00 10400 27" PVC SEWERMAIN IN ROW 724.000LF 380.00 $ .. 275,120.00 _ 27" PVC SEWER MAIN FOR REALIGNED LOCATION TO PUMP STATION 296.000 LF '. 425.00; $ 125,800.00 9999-9999-- ------- - 9999----9999..__ ._. .. LESS CREDIT FOR ADDITIONAL LF REQUIRED FOR RELOCATION LESS-9999--9999 _ 0993- ___ _. .--- ---r--- -143.00D!LF ._ _.. __.__.._ . 425.00j_$ _ . .----------- - -----. (60,775.00) 0993-- -99999999---9999--9999 27" PVC SEWER MAIN R&R @ PUMP STATION 9999 SO.ODO:LF 630.00, $ .._ 6,300.00 __. LESS CREDIT FOR ADDITIONAL LF REQUIRED FOR RELOCATION 16000;630,13M ,_. $ 10080.00 10450 36" STEEL CASING FOR 27" PVC (NO DIP) 48.000,:LF . - 0066 790.00'; $ 37,920.00 6993--- .._ ._ ... . - 10455 14" STEELCASING FORSS LAT 29 000!LF 350.00, $ 1_0,150.00 1050012"STEELCASINGFORSS LAT29000:1.F 8,990.00 . _ 1060060"SEWERMANHOLE _ 12000:EA ! 18,250.00:$ 219,000.00 _.._._._._..._..._.__...._ 60"SEWER MANHOLE OUTSIDE RW 3_.000_; 21,500.00; $ 64,500.00 LESS CREDITFOR ADDITIONAL MANHOLES REQUIRED FOR RELOCATION TO PUMP STATION -2.0W!' 2.0,500.001 21,500.001 21 $ (43,000.00) 6000.._-_ ._ 0990-_ 0606_ 6606_ 6000_. -- _ ... -. 6660. .._-.� 10700R&RSSMHPBNW/60"SS_MH . WO 2.000!EA _---.. _ 33,200.00,$ _ 66,400_00 .. 6666__. _ _ 11000 ADIUSTEX. SSMHTO NEW FG - -.._ .. 4.000.EA. __ 9999- -. j 1,600.00, $ 61400.00 -9999-_-_ 0699 9999- 9999 9999-- 11100AD1USTEX. SSCOTONEWFG _ 1000EA 610.00.$ 9999-- 9999---- 610.00 11200ABANDON EX. 18"-24"SS 6666 .. 1,S15.000,LF !. 20.00,,$ 6996 .. ----,- 30,300.00 --'----- 9999--9999 '-9999-'9999-._. 6660 X. 4 WE 11300 REMOVE EX.24"-27"SEWER MAIN 48.ODD,LF - 80.00] $ --- 3,840.00 9999- -_ - -_ _ 11400 REMOVE EX. SSMHllD - 4.00D�EA 3,100.00', $ - 12,400.00 0600_ . 6663_ 6" SEWER LATERAL TOEDGEOFROW Si .00;00 2000;EA , 7,500.00 $ __ 0606 ,15,000.00 - 9999---- 8" SEWER LATERALTO EDGE OF ROW 4.000,;EA j 10,500.00; $ 6666__ 42,000.00 R&R CL FENCE & GATE @ PS (SS ACCESS) ' 1000: LS 7.650.00 $ 7,650.00 6660 ... - 0006.. 6660_ ... ... CORE DRILLINGOPENING AT WET WELL FOR 27"SS 1.000 EA 11,500.00,$ 11,500.00 _._..__..._.. ... 11500SEWERBYPASS PUMPING _.. 10DO,LS _ 265000:00, $ _ ._ 265,000.00 -._ ... 11510 SS BY PASS EXT.DURATION(PH1/2/2A)(R&R @ WW TIEIN) 1000; LS ! 185,000.00; $ 185,000.00 11600 DEWATERING 1.000 LS 3.95,0.00.0.0_' $ 395,000.00 CONTAMINATED WATER DISPOSAL -Contingency ROM; j _ $ _ 250,000.00 0000 ROW SANITARYSEWERTOTAL $-� 2,069,040.00 5% CostEsc Iationl $ - 2,172,492.00 1586130.1 73 Engineer's Report Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 Harris & Dissociates Im 13000 STORM DRAIN 13050 24" RCP CLV STORM DRAIN 342.000 LF 135.00 $ 46,170,00 30"HDPE STORM DRAIN OUTFALL 305.000 LF 188.00 $ 57,340.00 30" RCP CLV STORM DRAIN OUTFALL 41.000 LF 225.00 $ 9,225.00 13100 15" HDPE STORM DRAIN 435.000 LF .._-.. 97.00 $ --.._._ _ 42,195.00 ._..--- _. _.._ .. 13200 15".RCP CLV STORM DRAIN 420.000 LF 120.00' $ 50,400.00 1330012" HDPE STORM DRAIN 12.00 LF 75.00 $ 900.00 12" HDP OUTSIDE ROW 30.000 LF 92.00 $ - 2,760.00 13310 12" RCP CLV STORM DRAIN 39.000 LF 95.00 $ 3,705.00 13500 48" STORM MANHOLE IN ROW 12.000 EA 6,800.00 $ ' 81,600.00 48"STORM MANH0LE(INCLUDE3MH'SASPARTOFOUFFALL) 8.000 EA 9,500.00 $ 28,500.00 13600 TYPE "A" CATCH BASIN W/F(_OGUARD 12.000 EA 5,850 00 $ 70,200.00 13700 30" X 30" DROP INLET W/ TG 1.000 EA 8,020.00 $ 3,020,00 24"X36"DROP INLETW/TG 11000 3,200.00 $ 3,200.00 13800 24"X24" DROP INLET W/TG 3,000 EA 2,000,00 $ _ 6,000.00 13900 24"X24"JUNCTION BOX 1.000 EA 2,000.00 $ 2,000.00 13910 36"X 36" DROP INLET W/S.O, 1.00_0 EA 3,1_20.00 $ 3,120^00 14000 RAISE EX. DI TO FG 3.000 EA 2,700.00 $ 8,100.00 6"PVCSDRSTORMDR 256 LF 39.00 $ 9,984.00 YARDDRAINS 9 E 850.00 $ 7,650.00 RSP OUTLETOFF 30" 1 EA 2,450.00 $ 2,450.00 14100 BLIND CONNECTTO EX. INLET 2.000 EA 920.00 $ 1,840,00 14200 TIE INTOEX.W/CONCCOLLAR(INCLUDESTIEINFORSTORMDRAINOUTFALL) 2.900 EA 1,420.00 $ - 2,840.00 14300 30" CONCRETE COLLAR 1.000 EA 1,525.00 $ 1,525.00 16000 WATER SYSTEM 16100 12" PVC WATER MAIN 1,323.000 LF ------ -- 114.00' $ _.-- 150,822.00 ---- - -----------.._... 16105 8" PVC WATER MAIN 15,000 LF 105.00 $ 1,575.00 16400 12" GATE VALVE _ 10,000 EA 3,100.00 $ 31,000.00 16450 12" WATER MAIN OFFSET W/ARV _ _ 2.000 EA 16,000.00$ - ------- - 32,000.00 - - - -- - - - -- 16455 12" WATER MAIN OFFSET(IVER STRUCT W/ARV) _ 3.000 EA 16,000.00,,$ 48,000^00 16800 18" STEEL CASING (1 LOC) _ 22.000.1E 320_00 $ - 7,040.00 16820 14" STEEL CASING (1 LOC) 22 OOO LF - 275.00 $ - 6,050.00 ------------- 1690012"STEELCASING (2LOC) 38.000 LF 25000$ 9,500.00 16905 10" STEELCASING (1 LOC) 22 000 LF 235.00 $ - 5,170_00 16910 8" STEEL CASING (2 LOCI 41.000 LF 18000 $ 7,380.00 16920 6" STEEL CASING (1 LOC) .12.OOO IF 17S.00 $ 3,325.00 17000 FIRE HYDRANT 5.000 EA 8,250.00 $ 41,250.00 17100 FIRE HYDRANT OFFSITEWASHINGTON ST 1.000 EA 10,500.00 $ - -- - _ 10,500.00 - - -----.-_..--__._ .-- ------._.._. 17105FIREHYDRANTOFFEXFIRESRVCLATP.B.N. 1.000 EA 10,500.00 $ 10,500.00 17150 12"X6" CUTIN TEE &VALVE WASHINGTON ST 1.000 EA 14,500.00 $ 14,500.00 17600 2" IRRIGSERVICE/BFD A.000 EA 7,500.00 $ 7,500.00 17700 TIE INTO EX. 8" WM 1.000 EA 7,700.00 $ 7,700.00 1780012" TIE INTO EX. CROSS OUTLET (PBN) 1.000 EA 9,800;00 $ 9,800,00 17805 6" PERM. BLOW OFF 1.000 EA 6,100.00 $ 6,100.00 17900 2" TEMPORARY BLOW OFF 21000 EA 1,130.00 $ _ _ 2,260.00 17910 8" CONC CAP O/W.M. (WHERE COVER, 42") 340.000 SF 9.00 $ 3,060.00 1566130.1 74 Engineer's Report Benefit District No. 2019-1(O.al< & Water Street Public Improvements) City of Petaluma October 10, 2019 am I Harris & Associates on 800 PH -I MISC. 2.00, $ (16,760.( 3,010000.SF - _ 805 STRIPING & SIGNS 1.000',.IS 31,500.00';$ 31,500.00 810TRA FFIC SIGNAL @OAK/PET. BLVD NORTH 1.000 LS - 280,000.00'. $ 280,000.00 820JOINTTRENCH(NIC.BYOTHERS) 10001S ! 0.00$. - 835 BUS SHELTER(EXCL ENGINEERING CALCS) -'-'--18,700.00 1.000 LS - $ 18,700.00 840 CHAINLINKFENCE@PUMPSTATION 1,000'IS 14,250.00$ 14,250.00 - 845 BOLLARDS @ P.S. DWY3.000:EA -- !, 2,000.00----- -- ' $ -- 6,000.00 -- — 850 HANDRAILS._ 339000-LF 140.00 $ 47,460.00 Add Added Traffic Signal Interconnect Conduit and UpgradedSystern Per City (Allowance) 1.0.OA_S_ 150,000.00;$ 150,000.00 56000 OVER-EXC UNDER RRTRKS PH 2 ...._ .. 500.000.CY PH -1 MISC.SUBT&TAL! $ 547,910.00 35800 PH -2 MISC. 1000.IS 336500.00,$ ---- ..... ._..-- 336,500.00 360005TRIPING&SIGNS ',. 1.000 LS 15,100.00;$ 15,100.00 PH -2 MISC. SUBTOTAL' $ 15,100.00 37000 SWPP/BMP'S (ALLOWANCE) 2.00, $ (16,760.( 3,010000.SF - _ 37100 GRAVEL ENTRY _ _ 2.000�EA 3,000.00' $ 6,000.00 37200 SILT FENCE _ 1,000000 LF 5.00. $ 5,000.00 37300 STRAW WATFLE 4,000.000,1-17 4.00, $ 16,000.00 37400 DI PROTECTION 32.000 EA 280.00, $ 8,960.00 37500 BONDED FIBER MATRIX (TEMP EROSION PROT) — — - - -- — — - ---- 25,000 000'SF0,20, $ — 5,000.00 — — 37600 ONGOING MAINT. OF BMPS WINTER 2019-2020 4 000;MO 8,000.00' $ 32,000.00 37800 FINAL REMOVAL OF ALLSWPPP MEASURES 1000L5 5,584.30 $ 5,584.10 50000 CONTINGENCIESTQ BE USED IF REQUIRED 2.00, $ (16,760.( 3,010000.SF - _ 50010 TEMP AC PATCH 3/12@ REM RRTRK PHI(STA 4+00-7+50) 7,000_000'SF 6.251.$ 43,750.00 51000OFFHLRRBALLASTW/IN PHI RDWY(CL2DISP)NEFADD 2,000.000.TN 55.00$ 110,000.00 52000 OFFHL RR BALLAST W/IN PH2RDWY(CL2DISP)NETADD '- 500000TN 65:00; $ _ - 32,500.00 54000OFFHLPH2RDWYEXCESS(CL2DISPOSAL)NETADD856CY 1,700.000,TN 65.00;$ 110,500.00 5AOFFHAULROW SPOILS CL2LFNETADD(SOUTHOFAGSPL) EXLJT 2,500:000,TN 65.001$ 162,500.00 5B OFFHAULALL ROW EXC SOUTH OF AGS PL CL2 LF (NETADD) 3,210.000;TN 65.00'$ 208,650.00 5C IMPORTALLEMBANK FILL FOR ROW SOUTH OFAGS PL 520.000 TN 62:00': $ 32,240.00 5D JOINTTRENCH OFFHAULAND IMPORT ROMA $ 150,000.00 56000 OVER-EXC UNDER RRTRKS PH 2 ...._ .. 500.000.CY 55.00: $ 27,500.00 _ 59000STREET LIGHTS -(IF NOT BYJTINSTALLER) . _ 1000.IS 336500.00,$ ---- ..... ._..-- 336,500.00 60000 WALLRAILING (TOP OF RETWALL) IFNOTBYWALLSUB 1.000 LS 217,700.00;$ ------- 217,700.00 . JoiniTrentl7Toia) $ i 1490,0))0;00, r� - 5%CostFscaletiori $ . 1,S64,SOU�00 VARIES CONTRIBUTION FOR ROW BIKE PATH CONSTRUCTION 5630 FINE GRADE BIKE PATH 5680 8" CL2AB BIKE PATH 4' CL2AB UNDER SIDEWALKS 5682 6" CONC BIKE PATH (414'S @ 18" OCEW) 4" STD SIDEWALK 7600 ONSITE BIKE PATH STRIPE/SIGNS/ARROWS WATERSTREEFRETAINING WALL(ASSUMING SHEET PILE NO -TIEBACK) (INCLUDES DESIGN) RETAINING WALL DESIGN 1586130.1 8,380,000 SF 3...__..-. 2.00, $ (16,760.( 3,010000.SF - _ 3.50!. $ (10,535.( 5,370000 SF 2.75' $ (14,76_7.` 3,010.OGD�51` 14.00 $ 5,370.000;_ -7.00', _(42,140.( 1000 LS 5,170.00 $ (5,170( 314.OW'LF __.. - 1,065.00; $ --- (335,000.( 38,000ILS (38,Do0_C 75 Engineer's Report Benefit District No. 2019-1 (Oak & Water Street Public Improvements) City of Petaluma October 10, 2019 ENGINEERING LANDSCAPE ARCHITECT (BREAKOUT ROW) CIVIL ENGINEERING DESIGN DRY UTILITY ENGINEER CONSULTANT GEOTECHNICAL OFFSITE PAVING (EXPLORATORY POTHOLES) CONSTRUCTION BLUEPRINTS PHASE 1 ENVIRONMENTAL PHASE 2 ENVIRONMENTAL GEOTECHNICALTESTING, MATERIALS TESTING .__..__ _....----.-._ __._. -_. _... _ ._ ROW SURVEYING us IMartis & Associates 90,98915 1.00 $ 90,989.00 288,726 LS 1.00 $ 288,726.16 41,500 LS 1.00 $ — _ 41,500.0_0 1,685 -LS 1.00 $ 1,685.00 10,045. IS .,- 1.00 $ .... _10,04_5.00 ..5,000.00 403 LS 1.00 $. 6000 LF 1A0 $ -'- —:. _ 61000.00 37900 LF 1.00 $ 37,900.00 75000 LF 1.00. $ 75,000.00 50000 _LF 1.00 $ 50,000.00 VARIES PERMITSANDFEES FEES/PERMITTING 264324 LS 1.00 $ - 264,324.00 PermitAppiIca tion Fees for Storm Drain, Bike Path, and Retaining Wall 8604 LS 100 $ 8,604.25 Permit Application Fees forStorm Drain Bike Path, and Retaining Wall — 1676 LS 1.00 $ — ---1,675.67 17, ENGINEERING TOTAL 1586130.1 in Engineer's Report IM I Reggie & Assodates Benefit District No; 2019-1 (Oak & Water Street Public -Improvements) City of Petaluma October 10, 2019 1586130.1 77 4 C- aiE 0 U v �I L rur 66 m O CD - N O o z C *Q -u Eo ID .L N a) 4� n w aj � o N O W CO U O 78 d.� a SMMEIAoa OrEN-BMRW. NMA=a 'OW '81NV1-I(7sNa0 hPJtS3Q 11ND .uaa-t#� Mou.nn�-roa.uva»aeav � � >s DRAFT — Updated on 9-9-19 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Petaluma 11 English Street Petaluma, CA 94952 (Exempt from Recording Fees per Government Code § 27383) Attachment 4 (Space above line reserved for recorder's use) REIMBURSEMENT AGREEMENT This REIMBURSEMENT AGREEMENT ("Agreement") is entered into by and between the CITY OF PETALUMA ("City"), a California municipal corporation and charter city, and THE SPANOS CORPORATION, a California corporation ("Developer") (each a "Party," and collectively the "Parties") as of the Effective Date. RECITALS The City and Developer enter into this ;Agreement on the basis of the following facts, understandings and intentions, and the following recitals are a substantive part of this Agreement: 1. WHEREAS, Petaluma Municipal Code Chapter 13.35 establishes the authority and procedure for establishing assessment districts, including assessment districts the proceeds of which are to be disbursed to owners within the district in accordance with a reimbursement agreement. 2. WHEREAS, Developer is the owner of real property located at 368 and 402 Petaluma. Boulevard in the City of Petaluma, and identified as Assessor's Parcel Numbers 006-163- 055 and 006-163-041 (the "Property") as more particularly described and depicted in Exhibit A attached hereto and made a part hereof. 3. WHEREAS, The Spanos Corporation, a California corporation and the predecessor -in - interest to Developer submitted a Site Plan and Architectural Review application to the City to build the North River Apartments Project (the "Project"). 4. WHEREAS, the Project consists of two apartment buildings including 184 dwellings, approximately 4,677 square feet of commercial space, 4,981 square feet of tenant amenity area, and 1,953 square feet of leasing office, and associated on- and off-site improvements, Public Improvements (defined below), and a Class I multi -use path along the Petaluma River Pedestrian Bridge. S. WHEREAS, the City approved the alignment for Water Street through Ordinance No. 2216 N.C.S. (An Ordinance Establishing a Precise Plan Line for -the Reservation of Future Rights -of -Way for Water Street North Between Washington Street and Lakeville) 79 DRAFT — Updated on 9-9-19 Attachment 4 (hereinafter the "Plan Line"). And on January 23, 2018, the City of Petaluma Planning Commission, at a duly noticed public hearing, took the following actions in connection with the development of the Project on the Property, collectively referred to herein as the "Existing Project Approvals": 5.1 By Resolution No. 2018-02, the Planning Commission certified the Mitigated Negative Declaration ("MND") and adopted the Mitigation Monitoring and Reporting Plan ("MMRP") for the Project; and 5.2 By Resolution No. 2018-03, the Planning Commission approved the Site Plan and Architectural Review for the Project, with associated warrants and exceptions. 6. WHEREAS, Condition of Approval No. 40 of Resolution No. 2018-03 required Developer to construct certain public improvements ("Public Improvements") both within the Property, and off-site., The Public Improvements include: the extension of Oak Street within the Property; the construction of Water Street from the intersection with Oak Street within the Property, south of the Property across adjacent parcels,to East Washington Street; curb, gutter, sidewalk, public parking spaces, crosswalks, street lights, fire hydrants, landscaping, water mains, sewer mains, storm drains, electrical upgrades, and undergrounding of all overhead -utilities along Oak Street within the Property and along Water Street. The Public Improvements are more particularly described and depicted in Exhibit B attached hereto and made a part hereof. 7. WHEREAS, in order to construct the Public Improvements, right-of-way must be obtained from adjacent property owners that own property within the Plan Line for Water Street and that are south of the Property. 8. WHEREAS, Planning Commission Resolution No. 2018-03, Condition of Approval No. 95 provides that the cost to construct the Public Improvements will be funded upfront by the Developer, but the Developer will be reimbursed through a reimbursement agreement with the City, which will provide for reimbursement of the Developer from the proceeds of an assessment district formed pursuant to Chapter 13.3 5 of the Petaluma Municipal Code and/or other applicable, law. 9. WHEREAS, the Public Improvements will serve the Project on the Property and future development on certain properties benefitted by such improvements ("Benefitted Properties") thereby avoiding duplication of costs and effort, and providing new and enhanced public infrastructure and roadways in accordance with the City's General Plan. The Public Improvements will also benefit neighboring properties by allowing development of their properties to their highest and best use. 10. WHEREAS, Condition of Approval No. 37 of Resolution No. 2018-03 also provides that should the City Council consider a request to -approve a reimbursement agreement related to the Public Improvements, the Planning Commission recommends that monies associated with the approved City of Petaluma River Trail Capital Improvement Project (C03200503) grant fund ("River Trail Grant") be allocated toward construction of a Class I facility DRAFT — Updated on 9-9-19 Attachment 4 between the Copeland Bridge to East Washington Street through the City's pump station parcel (APN 006-163-051.) 11. WHEREAS, on 2019 the City Council held a duly noticed public hearing on this Agreement in accordance with the requirements of Articles XIIID and XVI, § 19, of the California Constitution, Petaluma Municipal Code Chapter 13.35, and other applicable law, and determined that this Agreement is consistent with the City's General Plan, Central Petaluma Specific Plan, and the Petaluma Municipal Code, and approved this Agreement by adoption of Resolution No. 12. WHEREAS, pursuant to Petaluma Municipal Code section 13.35.060, the City has prepared an Engineer's Report for Benefit. District No 2019-1 (Oak Street and Water Street Public Improvements) ("Report"), attached to and made a part hereof as Exhibit C. In accordance with Section 13.35.060, the Report describes each parcel of land proposed to be included in a benefit district ("Benefit District"), which parcels together constitute the Benefitted Properties, the amount of the proposed special development assessment for each parcel, which amount is proportional to the estimated benefit to each parcel from the Public Improvements, the development approvals for which payment of the special development assessment is a precondition, the time period within ``which the special development assessment will be collected, the formula or method by which benefits within the benefit district are estimated, and which are based in proportion to estimated benefit to be received by each of the Benefitted Properties from the Public Improvements, and the manner in which the special development assessment will be disbursed when collected. 13. WHEREAS, City and Developer desire to enter into this Agreement to ensure that the Public Improvements are provided and in order to provide a method and mechanism for reimbursing Developer from Benefit District proceeds for the cost of providing the Public Improvements to the extent the Public Improvements and/or their costs are in addition to the public improvements required for the Project on the Property. Subject to the terms of this Agreement, Developer shall be entitled to reimbursement of its actual costs expended in the provision of the Public, Improvements up to the maximum reimbursable amount specified in this. Agreement ("Reimbursable Costs"). Such reimbursement shall be provided in the manner set forth herein. 14. WHEREAS, in accordance with Petaluma Municipal Code section 13.35.050, on the City Council ,adopted Resolution no. N.C.S. declaring its intention to initiate proceedings to form a proposed assessment district pursuant to the authority established in Chapter 13.35 of Petaluma Municipal Code, Article XIIID . of the California Constitution, the "Proposition 218 Omnibus Act Implementation Act of 1997;" and other applicable law. AGREEMENT NOW, THEREFORE, pursuant to the authority contained in Articles XIIID and XVI, § 19, of the California Constitution, City of Petaluma Municipal Code Chapter 13.35, and other applicable law, and in consideration of the mutual representations, covenants and promises of the Parties, the Parties hereto agree as follows: DRAFT — Updated on 9-9-19 1. EF'F'ECTIVE DATE AND TERM. Attachment 4 1.1 Effective Date. This Agreement shall become effective upon the date that the City Council Resolution approving this Agreement becomes effective (the "Effective Date"). 1.2 Term. In accordance with Section 13.35.060(d) of the Petaluma Municipal Code, the term of this Agreement will continue for a period of twenty (20) years , commencing on the Effective Date and expiring on the twentieth (20t1i) anniversary of the Effective Date ("Expiration Date"). However, if the Developer has received the full amount of Reimbursable Costs to which Developer is entitled pursuant to this Agreement prior to the 20ti' anniversary of the Effective Date, then the Expiration Date will be the date prior to the 20 anniversary of the Effective Date when the Developer receives the full amount of Reimbursable Costs to which Developer is entitled pursuant to this Agreement. Further, if the Benefit District is formed after the Effective Date of this Agreement, the term of this Agreement shall be twenty (20) years from the date that the Benefit District is formed and the assessment fees established. 2. PUBLIC IMPROVEMENTS FINANCING 2.1 Determination of Reimbursable Costs. 2.1.1 Developer agrees to keep full and accurate books of account and records of Reimbursable Costs for the term of this Agreement, and to permit the City and its representatives to review and audit such books of accounts and records during normal business hours, at The Spanos Corporation, 10100 Trinity Parkway, 5th Floor, Stockton, California, upon reasonable advance notice provided by City. 2.1.2 The Parties further agree that the Reimbursable Costs for the Public Improvements may be increased annually in proportion to a published index of construction costs applicable to the Public Improvements to reflect the costs of construction at the time the Public Improvements are constructed, as permitted under Petaluma Municipal Code Section 13.35.060(F)(2). 2.2 Benefitted Properties' Obligation to Pay Reimbursable Costs. 2.2.1 In accordance with Petaluma Municipal Code section 13.35.060(C) and the Report, payment of each Benefitted Property's share of the Reimbursable Costs pursuant to this Agreement will be a precondition for issuance of a Preconditioned Approval, defined below. In accordance with Petaluma Municipal Code section 13.35.140, no Preconditioned Approvals will be granted for Benefitted Properties until the City finance officer has certified that the special development assessment comprising a particular Benefitted Property's share of the Reimbursable Costs pursuant to this Agreement has been paid for the affected Benefitted Property. 2.2.2 The City will recover from each Benefitted Property its proportionate share of the Reimbursable Costs with respect to the Public Improvements as a condition of issuance of any of the Preconditioned Approvals for Benefitted Properties. 2.2.3 A "Preconditioned Approval" means and refers to: an approval from the City for the development or redevelopment of Benefitted Property as evidenced by the issuance of M DRAFT—Updated on 9-9-19 Attachment 4 a use permit, land use permit, development agreement, Site Plan and Architectural Review, approval of a parcel map or issuance of a building permit unless such permit will not increase the potential for traffic generation or does notexceed one-half of the value of the existing improvements on the parcel. If any Benefitted Property with a deferred assessment provides on-site affordable housing units, as defined by the City, as a part of a Preconditioned Approval triggering the payment of the deferred assessment, the Benefitted Property will receive a reduction in the deferred assessment to be paid.. The amount of the reduction shall be calculated by the City's Planning Manger as follow: a) For residential development the reduction in the deferred assessment shall be calculated based upon the ratio of the total square footage of the 'affordable dwelling units as a percentage of the square footage for all dwelling units within the building. b) For mixed use development the reduction in the deferred assessment shall be calculated based upon the ratio of the total square footage of the affordable dwelling units as a percentage of the gross square footage of the entire building excluding common space areas provided for the use of the occupants of the dwelling units. Any reduction in the assessment on a parcel as described above will reduce the total funds available to be paid to North River Apartments, LLC. 2.3 Developer Reimbursement. In accordance with Petaluma Municipal Code section 13.35.060(G)(3) and the Report, the City will disburse the Benefit District assessment proceeds to Developer when collected in accordance with this Agreement together with all applicable interest as provided in Section 2.1.2, within 30 days of receiving such Reimbursable Costs for a Benefitted Property. In accordance with Petaluma Municipal Code section 13.35.140, the City finance officer shall maintain a separate account for the Benefit District assessment proceeds and shall collect and disburse the Benefit District assessment proceeds in accordance with the Report and this Agreement. The Parties acknowledge and agree that City's obligation to collect and transfer Benefit District assessment proceeds to Developer will cease when this Agreement expires or when the full amount of Reimbursable Costs to which Developer is entitled pursuant to this Agreement has been paid. 2.4 Benefitted Properties Map. A list and map showing the Benefitted Properties with respect to the Public Improvements are provided in Exhibit D. 2.5 Anticipated Reimbursable Costs. A budget reflecting the anticipated Reimbursable Costs of the Public Improvements and'the proportionate share allocated to each Benefitted Property with respect to the Public Improvements is also included in Exhibit E. 3. ACQUISITION OF RAIL RIGHT OF WAY Development of the Public Improvements requires the acquisition and termination of railroad easements and the removal of existing rail lines ("Rail Right of Way") held by (i) North Coast Railroad Authority and Northwestern Pacific Railroad Co (jointly); and (ii) Sonoma Marin Area Rail Transit ("SMART"). The Rail Right of Way burdens the Property, as well as several adjacent parcels (APNs 006-163-005, 006-163-052, 006-163-053, 006-163-041, 006-163-040, RIN DRAFT—Updated on 9-9-19 1 Attachment 4 006-163-025, 006-163-026, 006-163-022, 006-284-014, 006463-053, and 006-163-054). Developer is not requesting reimbursement from the City for the costs of terminating the Rail Right of Way and, as such, those costs are not included as costs in the Benefit District. 4.1 Authority to Enter Into Agreement. Each Party represents and warrants that it is legally authorized to enter into this Agreement. 4.2 Notices. Any notice or communication to the other Party required under this Agreement must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier providing overnight delivery. If personally delivered, a notice will be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication will be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party's facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday will be deemed to have been given and received on the next normal business day: If given by registered or certified mail, such notice or communication will be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (ii) five days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in. the United States mail. If given by Federal Express or similar courier, a notice or communication will be deemed to have been given and received on the 'date -delivered as shown on a receipt issued by the courier. Any Party may at any time, by giving ten days written notice to the other Party, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications will be given to the Parties at their addresses set forth below: If to City: Attn: Eric Danly, City Attorney` City of Petaluma 11 English Street Petaluma, California 94952 If to Developer: Attn: Alexandros Economou The Spanos Corporation 10100 Trinity Parkway, Suite 500 Stockton, California 95219 aeconomou cAagspanos.com (209) 955-2531 With copies to: Attn: Marc Hardy The Spanos Corporation 10100 Trinity Parkway, Suite 500 E:T DRAFT—Updated on 9-9-19 Attachment 4 Stockton, California 95219 mhardyC&�spano s. com (209) � - 4.3 - 'Interpretation. This Agreement will be construed according to its fair meaning, and not strictly for or against any Party. No presumptions or rules of interpretation based upon the identity of the Party preparing or drafting. the Agreement, or any part thereof, will be applicable. 4.4 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this .Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. 4.5 Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative of each Party. 4.6 Relationship of the Parties. The Parties do not intend by this Agreement to create any agency, partnership, joint venture, trust, or other relationship with duties or incidents different from those of Parties to an arm's-length contract. 4.7 Binding on Successors/Assigns; No Third -Party Beneficiary. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the Parties. No other person has any rights, interests, or claims hereunder or is entitled to any benefits under or on account of this Agreement as a third -party beneficiary. City does not assume any liability, duty or obligation to Developer's contractors, subcontractors or agents by execution or performance of this Agreement and no contractors, subcontractors or agents or any parties are third -party beneficiaries of this Agreement. 4.8 Governing Law; Venue. This Agreement is governed by the laws of the State of California. Any actions brought to enforce this Agreement must be brought in Sonoma County, California: 4.9 Entire Agreement; Exhibits. This Agreement may be executed in multiple counterparts, each ofwhich shall be deemed to be an original. This Agreement constitutes the final and exclusive understanding and 'agreement of the Parties and supersedes all negotiations or previous agreements of the Parties with respect to the subject matter hereof. The exhibits attached to this Agreement are incorporated herein and made part of this Agreement as though set forth at length. 4.10 Recordation of Agreement. This Agreement will be recorded with the Sonoma County Recorder. DRAFT — Updated on 9-9-19 Attachment 4 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first written above. CITY OF PETALUMA By: City Manager ATTEST By: APPROVED AS TO FORM: By: City Attorney I.M. THE SPANOS CORPORATION By: DRAFT - Updated on 9-9-19 Attachment 4 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPER PROPERTY 87 DRAFT — Updated on 9-9-19 A C It Attachment 4 DRAFT — Updated on 9-9-19 EXHIBIT C REPORT Attachment 4 DRAFT — Updated on 9-9-19 Attachment 4 EXHIBIT D BUDGET, LIST OF BENEFITTED PARCELS, AND PROPORTIONA'T'E SHARES FOR PUBLIC IMPROVEMENTS A. BUDGET FOR REIMBURSABLE COS'T'S FOR PUBLIC IMPROVEMENTS [INSERT FINAL TABLE FROM ENGINEER'S REPORT] .E, DRAFT — Updated on 9-9-19 Attachment 4 De LIST OF BENEFITING PARCELS AND PROPORTIONATE SHARES [INSERT FROM ENGINEER'S 'REPORT] 91 ATTACHMENT 5 OCD O LP a) a) N U � � � J U Q U i �� �D C:) .� 0 O O L ami ami a� c c � O O U U U C C C O =S :3 O O O U U U El rn N O m CD c A Q O U E c o tm NO 60 CL 1 93 E I ` r 1 OCD O LP a) a) N U � � � J U Q U i �� �D C:) .� 0 O O L ami ami a� c c � O O U U U C C C O =S :3 O O O U U U El rn N O m CD c A Q O U E c o tm NO 60 CL 1 93 E 1 _° OCD O LP a) a) N U � � � J U Q U i �� �D C:) .� 0 O O L ami ami a� c c � O O U U U C C C O =S :3 O O O U U U El rn N O m CD c A Q O U E c o tm NO 60 CL 1 93 E ATTACHMENT 6 Petnic, Gina From: Kappel, Shelly Sent: Monday, September 23, 2019 4:27 PM To: Petnic, Gina Cc: Danly, Eric; Hines, Heather Subject: Water Street Benefit Assessment District Hearing Importance: High Dear Property Owners, My sincere apologies for the delayed notice regarding the continuation of the Water Street Benefit Assessment District hearing. We had hoped to introduce the district formation to the City Council on Monday September 16th however, while preparing the final materials and conducting preliminary outreach with the Benefit Assessment District property owners we caught some errors in the assessment calculations. As a result, it became increasing evident that the September 16 hearing date was not a possibility. The city needed time to process the corrections to the assessments, and then time to review these with you before proceeding. At this point, I just want to reach out and let you know where we're at procedurally. I expect.that we will have a final Engineer's Report to share with you within the next one-two weeks. For those of you who have inquired about the delay, please note that while we had initially discussed postponing the City Council meeting to Monday, October 7, this timeline is no longer deemed feasible and I. now anticipate that this will be agendized for a City Council hearing in late October or early November. We still have changes to review and my primary goal is delivering a transparent and accurate report, while giving all the property owners within the district an opportunity to review materials (including the full Assessment Engineer's Report) in their entirety and in advance of a future Council hearing. Please feel free to contact me with any concerns. I'm also happy to discuss any thoughts that you may already have on the information that you've previously. received. Sincerely, Gina Benedetti-Petnic, C.E. City Engineer Department of Public Works and Utilities City of Petaluma Office: 707.778:4311 Mobile: 707.529.1633 E -Mail: gpetnic@cityofpetaluma.org Shelly Kappel. 11 English Street 95 Petaluma, CA 94952 Public Works & Utilities 707.778.4483 skol2pel@cityofpefaluma.org Office Location Downstairs City Hall in Public Works & Utilities Office Open Monday thru Thursday 8am-12:30pm & 1:30pm -4pm m Petnic, Gina From: Meghan Forman <megforman11@gmail.com> Sent: Wednesday, September 25, 2019 12:06 PM To: Petnic, Gina; Kappel, Shelly Cc: Cash Forman Subject: Fwd: Water Street Benefit Assessment District Hearing ---Warning: Use caution before clicking any attachments. THIS EMAIL IS FROM OUTSIDE OUR EMAIL SYSTEM. --- Hi Gina - Can you add me to all communication for property owners in the new Water Street District? I own 216 Petaluma Blvd. N. as well as 226 & 228 Petaluma Boulevard N. with my husband and want to make sure 1 don't.miss any communication. Also, I know my husband Will (he is cc'd above) previously emailed you the details regarding our assessment at 216 Petaluma Blvd. North and requested you review it as we should be assessed approximately 40 feet for our water front footage as opposed to the approximately 60 feet it is at currently being calculated at. Can you confirm this is on your list of items to review along with what you mention below? Please let us know any questions, findings or changes. Kind regards, Meghan Forman 97 Petnic, Gina From: Petnic, Gina Sent: Wednesday, September 25, 2019 2:14 PM To: Meghan Forman; Cash Forman Cc: Bendix, Brittany; mneudeck@agspanos.com; Arielle 0. Harris Subject: RE: Water Street Benefit Assessment District Hearing Megan and Will, In review of our latest revisions I see that assessment calculations at 216 PBN are based on a 31ftfrontage length for your parcel, AP# 006-284-039, and another 10 ft for your adjacent parcel, AP#006-284-037, for a total of 41 ft. (For reference, this corresponds to Assessment numbers 6 and 15 on the aerial overlay Map exhibit that was one of the documents shared at our September 5th meeting with Will.) Please let me know if you have any other questions. Thank you. Gina Gina Benedetti-Petnic,.C.E. City Engineer Department of Public Works & Utilities Office: 707.778.4311 City of Petaluma Cell: 707.529.1633 11 English Street E-mail: GPetnic@cityofpetaluma.or� Petaluma, CA 94952 City Business Hours: M -Th 8am-5pm, closed Fridays City of Petaluma records, including emails, are subject to the California Public Records Act. Unless exemptions apply, this email, any attachments and any replies are subject to disclosure on request, and neitherthe sender nor any recipients should have any expectation of privacy regarding the contents of such communications From: Petnic, Gina Sent: Wednesday, September 25, 2019 1:15 PM To: Meghan Forman <megforman11@gma1l.com> Cc: Cash Forman <cashforman@comcast.net>; Bendix, Brittany <bbendix@cityofpetaluma.org>; mneudeck@agspanos.com; Arielle O. Harris <aharris@down eybrand.com> Subject: Re: Water Street Benefit Assessment District Hearing Hi Meghan- Thanks for reaching out. Yes I think can add your email address to the City's email list for neighborhood and property owner communications on Oak and Water St Benefit District. We are rechecking your frontage dimensions to confirm correct dimension. Will loop back with you and Will on that. Thank you. Gina Petnoc, Mina From: Debbie D. Ruiz <Ruiz@Sullivanhill,com> Sent: Friday, October 11, 2019 2:53 PM To: Petnic, Gina Cc: Bendix, Brittany; Helmut Kiffmann; Joseph Marshall Subject: Petaluma North River Apartments Project Benefit Assessment District Attachments: Letter to City of Petaluma - Traffic Engineering.pdf ---Warning: Use caution before clicking any attachments. THIS EMAIL IS FROM OUTSIDE OUR EMAIL SYSTEM. --- Dear Ms. Benedetti-Petnic: Attached is correspondence from Joe Marshall dated October 11, 2019. A hard copy has also been mailed to you. Best regards, Debbie Ruiz Legal Secretary DIRECT 619.595.3262 n. 16 ON S 1 uln I I'll v. a Sullivan Hill Rez & Engel A Professional Law Corporation 600 B Street, 17th Floor I . San Diego, CA 92101 T619.233.4100 I F619.231.4372 sullivanhill.com San Diego - Las Vegas IW 600 B Street Suite 1700 San Diego, CA 92101 � 619.233,4100 Bg' / ,g M 619.231,4372 uhl �I a '{i sulllvanhill.com Sullivan Hill Rez & Engel A Professional Law Corporation Joseph L. Marshall marshall@sullivanhill,com D 619,595,3252 October 11, 2019 VIA ELECTRONIC MAIL AND FIRST CLASS MAIL Gina Benedetti-Petnic, C,E, City Engineer/Flood Plain Administrator City of Petaluma - Traffic Engineering 11 English Street Petaluma, CA 94952 gpetnicQ-bityofpetaluma.orq Re: Petaluma North River Apartments Project Benefit Assessment District 218 North Petaluma Avenue — APN 006-284-038 ("Property") Dear Ms. Benedetti-Petnic: As you know, we represent Petaluma 218. North, LLC (Helmut Kiffmann), and he has asked us to help him work with the City of Petaluma in connection with some issues on the Petaluma North River Apartments Project Benefit Assessment District, in general, Mr. Kiffmann is not opposed to this sensible urban redevelopment of the City of Petaluma. But there are some problems with the structure, assessment allocation, and extent of the Benefit Assessment District. This leiter will explain his concerns and request revisions to the planned district. I should note that my client could contend that the Property (and the adjacent, similarly situated historic structures) should not have been .included in the Benefit Assessment District to begin with, since the properties are the most remote from the main development activity and actually front on North Petaluma Blvd., which is essentially unaffected by this project. Mr. Kiffmann has been in touch 'with the adjacent owners (Mr. Brown and Mr. Forman) and, while I do not represent them, Mr. Kiffmann believes that they share his concerns. For example, the Negative Declaration Environmental Report, in connection with historic aspects, notes that this block of historic buildings is essentially unaffected by the project (and therefore their historic nature does not need to be considered in connection with the report). My client thinks basically that his Property .(and the adjacent properties) will be asked to bear a burden far greater than the tangential benefit to be derived. I spoke on the phone with Brittany yesterday, and understand the assessment engineering report is not yet finalized? She indicated the Engineer's Report might be finalized as early as today. As you know, under Proposition 218, one of the cardinal principles in the creation of assessment districts is "proportionality". We will have 406142-v6 San Diego u Las Vegas 100 Gina Benedetti-Petnic, C.E. City of Petaluma - Traffic Engineering October 11, 2019 Page 2 additional comments when the Engineer's Report has been studied and my client gains a better understanding of what is proposed. Therefore, I have some specific comments and requests regarding the structure of the District and the assessments, as set out below, but reserve the right to make more comments when greater detail is available. 1. Right of Way Acquisition Costs; District Formation Costs. Among the costs to be reimbursed from the improvement district assessments, is $1,000,000 of what is described as Right of Way acquisition. We are not certain where the right of way was needed, but it certainly looks like it must be at the north end. The Kiffmann Property has its access from North Petaluma, There is also a line item for District Formation costs of $1,650,000. Where and to whom are these costs incurred? Were these monies paid to the City? To consultants? And why isn't it allocated to the developer and the directly benefitted properties? REQUEST: The cost of the right of way and district formation ought to be allocated to the.developer or to the properties directly affected. These properties have their access from North Petaluma. 2. Phasing. It appears that the North River Apartment Project ("Spanos Project'-') is planned to be completed in two phases — the first comprises the bulk of the Spanos Project - the creation of new Oak Street and enhancement of Water Street, and the construction of the apartments with attendant infrastructure while Phase 2 is essentially just the extension of Water Street down to East Washington — street, sidewalks, curbs and new landscaping. Why are there two phases? REQUEST: My client urges that the Spanos Project be completed all at once, which will not only assure that the entire Spanos Project is completed, and prevent two occurrences of construction disruption, but will hasten the realization of the whole benefit to the surrounding area. At a minimum there should be a relatively short period of time for the completion of the second phase — not more than two years following the issuance of the building permit for the Spanos Project, 3. Cost of Benefits. As noted'above, the benefits to these properties at the southern end of this district are tangential at best, yet they seemed to be charged with the full share. I realize that this is how benefit assessment districts work, but a different weighting formula that recognizes the variation in benefits is desirable here. Property that will front on the newly created Oak Street receives far greater benefit than properties at the south end of the District that face North Petaluma. In this same vein, those properties in the north part of the Spanos Project that do not have current infrastructure are different than those at the south end, that have existing infrastructure. That infrastructure was part of what was paid for when those properties were purchased. Asking them to pay for new Infrastructure for others three. blocks north is misplaced. 406142-v5 101 Gina Benedetti-Petnic, C.E. City of Petaluma - Traffic Engineering October 99, 2099 Page 3 REQUEST: Reallocate the assessment to burden the properties far from the development more equitably. 4. Nature of Improvefnents. The trigger events are measured just by the potential for an increase in parking or the dollar amount of cost as measured against assessed value (of just the structures we assume — not the land). This is not sufficiently discriminating. For example, ,the Property is historic and ownership might decide to renew the windows, replace the ancient restrooms, replace antiquated doors or redo the flooring. This could get to the required dollar amount but have no attendant increase in the use of the Property or derive any benefit from the Spanos Project. REQUEST: The definition of "development approval" ought to specifically exclude permits issued for interior or cosmetic improvements with no change in use classification and to exclude entirely improvements that related to improved life safety. 5. Phase Out Period. The current structure states that if the property owner has not undertaken any property improvement and triggered a "development approval' (as defined) within 20 years, then the lien for the assessment will be removed and there will be no continuing obligation to participate. REQUEST: This period is too .long. My client would suggest that 12 years is adequate. We appreciate your, continued courtesy and cooperation in dealing with the comments of the property owners. Overall, we think the Spanos Project is a good idea, bringing increased desirable residential uses to the center city. Please let me know if you need additional information or would like to discuss any of these issues. My client will be attending any further informational meetings with the City. Sincerely yours, SULLIVAN HILL REZ & ENGEL A Professional Law Corporation By: Joe L. shall JLM/ddr c: Brittany Bendix, City of Petaluma Helmut Kiffmann 406142-v5 102 Petnic, Gina From: Sent: To: Cc: Subject: Attachments: Tracking: Petnic, Gina Friday, October 11, 2019 6:51 PM Gina Benedetti-Petnic C. E. (GPetnic@cityofpetaluma.org) Hines, Heather; Bendix, Brittany Water Street Benefit Assessment District Engineer's Report and Meeting Schedule Final Water Street Benefit District Report 10-11-2019 v2.pdf Recipient Read Dear Property Owners, I am following up on my previous email to you regarding the Oak Street and Water Street Benefit Assessment District Engineer's Report. Thank you for your patience as we carefully reviewed and updated the report prior to publishing. Please find attached a full copy in pdf format of the Engineer's Report for your use. If you would like a hard copy mailed to you (or left in Will Call at Petaluma City Hall for pick up) please contact me by phone or email. Will Call copies can be picked up at the City Engineer's office on Tuesday, Oct 151h The introduction of the district formation has been moved to the October 21St City Council meeting. In advance of that meeting City of Petaluma staff and the project developer (A.G. Spanos) staff would be happy to meet with each of you in person to review the report and answer any questions that you may have. Please let me know if you would like to schedule a time to meet on either Wednesday October 16th between 11 am and 3 pm, or Thursday October 17th between 1 pm and 5 pm. Sincerely, Gina Benedetti-Petnic, C.E. City Engineer Department of Public Works & Utilities office: 707.778.4311 City of Petaluma Cell: 707.529.1633 11 English Street E-mail: GPetnic@cityofpetalurna.ore 103 Petnic, Gina Subject: FW: Trigger for assessment From: Meghan Forman <megformanll@gmail.com> Sent: Tuesday, October 15, 2019 6:52 PM To: Petnic, Gina <GPETNIC@cityofpetaluma.org> Cc: Cash Forman <cashforman@comcast.net>; Hines, Heather <hhines@cityofpetaluma.org>; Bendix, Brittany <bbendix@cityofpetaluma.org> Subject: Re: Trigger for assessment ---Warning: Use caution before clicking any attachments. THIS EMAIL IS FROM OUTSIDE OUR EMAIL SYSTEM. --- Also, it is the city's logic and position that we should pay the assessment because we are receiving the benefit of the improvements. Therefore it seems logical that the increased value of the property from those same improvements be used in the calculation. Thanks again, Meghan On Tue, Oct 1512.0-19 at 3:23 PM Meghan Forman <megformanll@Qmail.com> wrote: Hi Gina I appreciate you considering our convenience and cost in your decision. We feel though that we would prefer to pay $1,000 to $3,000 for appraisals if necessary than pay up to approximately $500,000 in tax assessments. I'm assuming you would only require an appraisal if our running total was in the range of a trigger. We prefer the trigger be market value and I know at least two of the other parties being assessed feel the same. Please consider our position on this. Kind regards Meghan Forman On Mon, Oct 14, 2019 at 4:36 PM Petnic, Gina <GPETNIC@citvofpetaluma.org> wrote: Hi Meghan and Will, Thank you for the feedback on this assessment trigger. I understand your concerns and the potential difference this could make in considering the qualification of a property's assessment. Staff had reviewed this condition extensively and in consideration of owner's convenience and permit costs, we felt that using assessors value would be more advantageous to permit applicants. Our concern with using market rate.value was that it would result in an unnecessary cost to property owners by adding appraisal fees to their permit applications. Sincerely, Gina Gina Benedetti-Petnic, C. E. City Engineer 104 Department of Public Works & Utilities Office: 707.778.4311 City of Petaluma Cell: 707.529.1633 11 English Street E-mail: GPetnlc@)cityofpgtaluma.or Petaluma, CA 94952 Ld City Business Hours: M -Th Sam -Spm, closed Fridays City of Petaluma records, including emails, are subject to the California Public Records Act. Unless exemptions apply, this email, any attachments and any replies are subject to disclosure on request, and neither the sender nor any recipients should have any expectation of privacy regarding the contents of such communications From: Meghan Forman <meRforman11@gmail.com> Sent: Monday, October 14, 2019 3:57 PM To: Petnic, Gina <GPETNIC@citvofpetaluma.org>; Bendix, Brittany <bbendix@cityofpetaluma.org> Cc: Cash Forman <cashforman@comcast.net>; Hines, Heather <hhines@cityofpetaluma.orR> Subject: Trigger for assessment ---Warning: Use caution before clicking any attachments. THIS EMAIL IS FROM OUTSIDE OUR EMAIL SYSTEM. --- Hi Brittany & Gina We are property owners of 226/228 PBN and 216 PBN. In regards to the Water Street Assessment District, we understand that one of the triggers for assessment is any improvement over half the property value. It seems fair that the market rate value is used rather than an assessor's value. Please take this into consideration when making final revisions to the assessment district regulations. Kind regards, Meghan and Will Forman, 105