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HomeMy WebLinkAboutStaff Report 5.A 12/05/2005CITY OF PETALUMA, CALIFORNIA AGENDA - BILL, December 5,. 2005 Agenda Title: Meeting Date: *Public hearing to hear testimony`regarding the formation of a . December, -5, 2005 Landscape & Lighting Assessment District for Southgate'. Subdivision and the counting of ballots. Meeting Time: ❑ 3:00 PM 7:00 PM CateLyory (check one): ❑ Consent Calendar ❑ Public Hearing ❑ New Business ❑ Unfinished Business❑ _ s tion Department: Dir cto �`�,,,ontact Person: Phoaie.Number: Parks & Recreation iim d Anchordoguy 707-778-4321 Cost of Proposal: $61,635 "for 06-07 Account Number: '2555 Amount Budgeted: $0 Name of Fund: Landscape Assessment Districts Attachments to A2enda.Packet Item: a. Agenda Report b. Engineer's Report c. Resolution Declaring the Results of.Balloting Tabulated in Accordance with Article XIIID of the California Constitution„ and. California Government Code, Section 53753, Ordering Improvements and Confirming the Diagrams and Annual Assessments for the Southgate Subdivision Pusuant to the Landscape and Lighting Act of 1972. Summary Statement:. oThe Community Development Department has required a Landscape & Lighting Assessment District be established for the Southgate `Subdivision to maintain the public or common landscaped areas within the subdivision. A base amount has been established and once approved. cannot be raised more than the CPI without a vote from the property owners. The Southgate Subdivision base ,annualassessment is estimated. at $285.35 per home based on 216 residential lots. The base year, annual cost of $61,635 will maintain street lighting, landscaping and irrigation systems in medians and common areas that are separate from the residential water meters . The level of maintenance is consistent, with the Landscape Assessment District landscape maintenance specifications under the current contract adopted by the City Council on March 3, 2003. The individual property owners will be responsible for the landscaping and street trees in front of their houses. As required -by state law, the public hearing, the counting of ballots, and approval, of this resolution will finalize the formation of the Southgate Subdivision Landscape & Lighting Assessment District. Recommended -City Council Action/Suaeested_Motion: Open the public 'hearing; count =the, ballots, and adopt the resolution to form the Southgate Subdivision Landscape '& Lighting.,Assessment.District: Revtewed'bv AdmimSycs..Di/r:: ei T.odav's Date: Review d byi_ nev: e: Revision # and Date Revised: Approve City Manauer: Date: IFile'Code: CI'T'Y OF PE'yALUMA,, CALIFORNIA DECEMBER 51.2005 AGENDA REPORT FOR PUBLIC H -EALING TO HEAR TESTIMONY REGARDING THE FORMATION OF A LANDSCAPE & LIGATING ASSESSMENT DISTRICT FOiSOUTHGATE.SUBDIVISION AND THE COUNTING OF BALLOTS 1. EXECUTIVE SUMMARY: The Community Development .Department has required a Landscape & Lighting Assessment District be established for the Southgate Subdivision to maintain the public or common landscaped areas within the subdivision. A base amount has been established and once approved cannot be raised more than the CPI without a vote from the property owners. This base amount can be lowered when estimated costs of any given year are calculated. 'As required by state law, the resolution inc_ luded with this staff report and the counting of ballots will finalize the process to form the Southgate Subdivision Landscape & Lighting Assessment District. Staff- is` recommending that the resolution be approved and that the Southgate Landscape & Lighting Assessment District be formed. 2. BACKGROUND: The Community Development Department has a policy, to establish landscape assessment districts (LAD) for all new subdivisions'that have common public landscaped areas. The requirements are identified in the tentative map conditions prior to development of the subdivision. These districts maintain various amenities on.publicland such as landscaped remnants, islands, medians, pathways, riparian mitigations, soundwalls,. fences and street lights. The costs are spread among all of the private parcels within the district. A homeowner's association maintains 'any landscaping of common areas on private land.. The Southgate Subdivision base annual assessment is estimated:at $285.35 per home based on 216 residential lots. The base year annual cost of $61,635 -will maintain landscaping and irrigation systems in medians and common areasthat are separate from.t_he residentialwater meters and street lighting. This base amount includes -utilities; supervision; renovation andTepairs, and will establish a reserve. The $22,800 estimated for annual landscape maintenance is deteriiiined on a square foot basis using current landscape industry costs.and estimates from landscape: contractors and consulting with a California licensed Landscape Architect. The landscape is not currently in existence and estimates were made from the final approved landscapeplan for the subdivision: The actual annual landscape maintenance cost will be determined through the bid process by selecting the lowest responsible bidder. The level of maintenance is consistent.,with the Landscape Assessment District landscape maintenance specifications under -the current contract adopted by the City Council on March 3j 2003. The individual property owners will be responsible for the landscaping and street trees in front of their. houses. The public hearing, counting of ballots and approval of the resolution will form the assessment district and -set .the base as'sessment per, parcel._ This base annual assessment may be increased each year no greater than the :CPI without a -vote of the. property i owners. The actual.annualLassessment will be set each yeas.' by the City'CouncilI at a noticed public hearing and can be set at a lower amount to cover the estirnated:.costs.:If it `is necessary to increase the assessment above the allowed amount, a formal 45 day notice period with a vote..of ihe::property owners isirequired. ALTERNATIVES: Require the Developer to establish a Homeowners.Association and transfer ownership of the properties dedicated to the City to the Homeowners Association to maintain.all the landscaping. Do not establish a district and.maintain the landscapes with General Fund resources. 5 4. FINANCIAL IMPACTS: The estimated base year cost of $61,635 includes the cost of landscaping and tree maintenance, utilities, street lighting, direct supervision and miscellaneous improvements and repairs. It also includes indirect City Staff support and a reserve. This will provide a reserve to build to a maximum of 50% of the annual landscape maintenance cost. • The estimated annual Base year. assessments will be $285.35 per house. The base assessment may be increased each year by up to the CPI without a vote of the property owners. The attached -Engineer's Report is required by, law and .contains a summary of the estimated first year base cost and estimated annual assessments. Staff support costs for the formation_ of the LAD is estimated at 16 hours (I hour Finance Director, 4 hours Accounting Assistant,. l hour Parks and.Recreation Director, 10 hours Parks and :Landscape Manager). The, formation costs, including axeview by -the City Engineer, City Attorney, for the LAD is paid from a formation deposit of $5,000 by the developer. The clerical staff support costs, including the annual assessment process, are estimated at over 100 hours per year for all of the.LADs. These costs are included in each of the LAD budgets: The estimated clerical support costs for Southgate Subdivision.LLAD, is estimated at 2% of the landscape.maintenance costs. The remaining 13% of city administration fee ;funds support provided by the Parks &.Recreation Dept. 5. CONCLUSION:. Establish the Southgate Subdivision LLAD in order to generate sufficient revenues for the. maintenance of the public landscaping and, street, lighting in the subdivision. The base annual assessment of $285.35 per parcel is "sufficient, with annual inflation increases, to adequately maintain the public landscaping that is.required as a condition of development and provide for reserves for replacement or repair of the Mr landscaping. 6. OUTCOMES ORPERFORMANCE MEASUREMENT&THAT WILL IDENTIFY. SUCCESS OR COMPLETION: Public.satisfaction with the landscape maintenance will be measured through the positive or negative feedback received through.phone calls, letters, and emails. 7. RECOMMENDATION: Open the public hearing, count the ballots; and adopt ,the resolution to form the Southgate Subdivision -Landscape &..Lighting Assessment District. g1forms/2003 agenda bill • a ENGINEER'S REPORT SOUTHGATE SUBDMSION LANDSCAPE/LIGHTING MAINTENANCE DISTRICT CITY OF PETALUMA • Prepared under the direct -ion of: Craig Spaulding, City Engineer Submitted: November 21, 2005 0 9- LANDSCAPE -ASSESSMENT DISTRICT ENGINEER'S REPORT SOUTHGATE SUBDIVISION LANDSCAPING AND LIGHTING ACT 1972. The undersigned respectfully submits the enclosed report as directed by the City Council. Dated: , 2005 Craig Spaulding City Engineer City of Petaluma County of Sonoma, CA I HEREBY CERTIFY that the.enclosed.Engineer's Report, together with Assessment and Assessment Diagram thereto attached', was filed with me on the day of 2005. Claire Cooper City Clerk City of Petaluma County of Sonoma, CA I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Petaluma California, on the day of , 20.05. Claire Cooper City Clerk City of Petaluma County of Sonoma, CA I HEREBY CERTIFY that- the. enclosed Engineer's Report, together -with Assessment and Assessment Diagram thereto 'attached, was filed with'`the-County Auditor of the County of Sonoma on the day of , 2005. Claire Cooper City Clerk City of Petaluma County of Sonoma, CA. 10 L' LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT ENGINEER'S REPORT SOUTHGATE SUBDIVISION LANDSCAPING AND LIGHTING ACT OF 1972 Craig Spaulding, City .Engineer and Engineer •of Work for- Southgate Subdivision Landscape Assessment District, City of Petaluma, Sonoma County, :California, makes this -report, as directed by the City Council, Resolution No. N.C.S., pursuant to Section 22585 of the Streets and" Highways Code (Landscaping and Lighting Act of 1972). The 'improvements which are the subject of this report, are briefly described as follows: The maintenance of all the public landscaping improvements as part of "Southgate Subdivision" consisting. of.plant, material, trees, outdoor furniture;, pathway lighting, irrigation systems, soundwall and street.lighting, including electrical. and water costs, located,iri the following public areas. Public landscape areas are defined as,•those areas that are irrigated from water meters separate from residential water meters. Public landscape areas include portions of land on the eastern side of Frates Road along the project frontage from the edge.,ofpavement and back of curb to ,the subject.property line, bounded by South Ely Road to the north.'and the, northern right of wayline of Lakeville Highway to the south; portions of land on the.northern side of Lakeville Highway along the project frontage.from the Caltrans. right of way line to the subject`property line; portions of land on the southern side of South Ely. Road along theproject frontage from the back.of curb to the subject property line, bounded' by Frates Road on.the 'north.and the southern boundary of the. Urban, Separator on the south; a portion of land bounded by the existing City pump station on the east, the Frates Road sound wall, on the north, Lot 1 of Phase 3 on the south, and back.of sidewalk.on thewest;°the landscaped medians on Frates Road bounded by-the'Lakeville Highway on the west and South Ely Road to the east. The -Urban Separator is. a 120' wide strip of land bounded on the noith'by the subject property line, the adjacent property owners property line on the south, Lakeville Highway on the west; and South Ely Road on .the east. The area designated as Park on ,the Southgate Subdivision :final map bounded by S'outhridge Drive on the north; the Urban Separator on the south, Southgate Drive ;on the east, and Tessa Way on the west. The triangular landscaped public :area, at the intersection of Lakeville Highway and Frates Road, which, is. bounded by Frates Road on the north, Lakeville Highway on the south and Sherr Way on the east is included. 0 LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT A SOUTHGATE SUBbIVISION LANDSCAPING/LIGIITING .MAINTENANCE DISTRICT FISCAL YEAR 2006-07 CITY OF PETALUMA S, PLANS AND SPECIFICATIONS, THOUGH BOUND -SEPARATELY, ARE FILED AS A PART OF THIS RECORD • • LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT B SOUTHGATE SUBDIVISION LANDSCAPING/LIGHTING MAINTENANCE DISTRICT CITY-'OF'PETALUMA FISCAL YEAR. 2006-2007 ESTIMATED ASSESSMENT DISTRICT ANNUAL COSTS Estimate Of Costs for twelve (12) months Maintenance of Landscaping 22,800 Utilities 8,350 Supervision 1,000 Improvements & Repairs 2,280 Other Services 2,280 Street Light Maintenance 2,500 Park Maintenance 10,000 Total Maintenance Costs 49,210 Incidental Costs County Collection Fee (1/4%) 124 City Administration (15%) 7,380 Total Estimated Costs for . Maintenance and Incidental Costs, 56,714 Reserve for Delinquent, Cash Flow, unusual repairs 4,921 IOTAL B SE ANNUAL COSTS Number of Parcels to be. Assessed 216 Total Costs Per Parc Ito be Asse .ed. $285.35 • LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT SOUTHGATE SUBDIWSION LANDSCAPING/LIGHTING MAINTENANCE DISTRICT CITY OF PETALUMA FISCAL YEAR 2006-07 ASSESSMENT ROLL: Assessment Number .1=216 Amount of Assessment $'61,635 EXHIBIT C Assessor's Parcel Number Southgate Subdivision recorded final map Phases 1, 2, and 3. LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT D SOLTTHGATE SUBDIVISION LANDSCAPING/L,16HTING MAINTENANCE DISTRICT CITY OF PETALUMA FISCAL YEAR 2006-07 BASIS OF ALLOCATION --ASSESSMENTS AND ANNUAL I1DEXIING FACTOR All benefits of the improvements are, special benefits to land with the district. General benefits to the public generally are nominal or non-existent. Allocation of Assessments The total maintenance costs per year were estimated, and incidental administrative expenses added to yield a total annual cost.. This cost was then prorated equally to the 216 lots, so that each lot will share equally iii the annual landscape :maintenance expenses. Annual Indexine Factor In any year the assessment .shall not be deemed to have been increased if the amount of the increase is not more than the percentage of the increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U S. City Average, San Francisco -Oakland -San Jose from February 1 to the February 1. The first fiscal year 2007-08 assessment levy increase shall be determined from the, percentage increase from February 2006 to February 2007. 0 C] LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT E SOUTHGATE SIJ°BDIVISION LANDSCAPING/LIG'IITING MAINTENANCE DISTRICT CITY OF PETALUMA FISCAL YEAR 2006-07 PROPERTY OWNERS DIST: Assessment Property Owner's Number Name & Address 1-78 Southgate Partners LLC 3480 Buskirk Avenue, Suite 260 Pleasant Hill, CA 94523 1-63 Mardel LLC 3480 Buskirk Avenue, Suite 260 Pleasant Hill, CA 94523 1-75 G&W Ventures, LLC 201 First Street, Suite 100 H Assessor's Parcel Number Southgate Subdivision recorded final map Phase I Southgate Subdivision recorded final map Phase 2 Southgate Subdivision recorded final map Phase 3 A RESOLUTION DECLARING THE RESULTS OF DALOTTING TABULATED IN ACCORDANCE WITH ARTICLE I(IIID' OF 'TI3.E CALIFORNIA CONSTITUTION AND CALIFORNIA GOVERNMENT CODE SECTION 53753, ORDERING1 IMPROVEMENTS AND CONFIRMING THE DIAGRAMS AND ANNUAL ASSESSMENTS FOR THE SOUTHGATE SUBDIVISION - PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 FOR THE, 2006-2007 FISCAL YEAR WHEREAS, the Landscape and Lighting Act of 1.972 ("1972 Act"), codified in California Streets and Highways Code. Section 22500 'et seq., establishes procedures whereby local agencies whose -annual taxes are, carried, on the county assessment roll and are collected by the county may fund the construction, and maintenance of improvements by formation of assessment- districts; 1 and WHEREAS, the. general procedures for.formation ofan assessment district under the 1972 Act include: adoption of resolution initiating proceedings, proposing formation of a district and ordering an engineer';s report; approval of the engineer's report; adoption of a resolution of intention to form an.assessment district; levy and collect assessments, and; if desired, issue bonds or notes; and following canvassing of balloting that has been noticed and conducted in accordance with California Government Code Section 53753, and a noticed public -hearing on the assessment; adoption of a resolution ordering the improvements and formation of the district and confirming the diagram and assessment; 2 and WHEREAS,. improvements that may be funded under -the 1.972 Act. include: installation or construction oflandscaping, ornamental structures, public lighting facilities, appurtenant. structures,,or facilities, park or recreational improvements, acquisition of land or existing improvements for park,, recreational or open space purposes, and acquisition or construction of community centers, ,auditoriums, halls or similar public facilities,- for indoor presentation of performances and events, including public and private events,, 3 and WHEREAS, by Re"solutiontNo. adopted November 21, 2005, the City Council of the City of Petaluma ,initiated proceedings for formation of the Stratford Park Subdivision Landscape & Lighting..Assessment'District.("District"), designated Craig Spaulding, City Engineer, as the Engineer. of Record (`Engineer") for the proposed District, and ordered the'Engineer to prepare and file a report pursuant to the 1972 Act; and WHEREAS, the Engineer prepared a report ("Report") concerning the. District, Districtt-iinprovements ("Improvements") and the proposed assessment ("Assessment") in ' Cal..St. & High. Code §.§22.500=22501 2 Cal. St. & Higfii Code §,§23585 - 22587, 22594 ',Cal. St. & High. Code 422525 AT accordance with,the requirements `of the 1972 Act, filed a copy of the Report with the City Clerk and submitted a,cop y of the Report to the. City Council for consideration; and • WHEREAS, at its regular meeting on November 21, 2005, the City Council of the City of Petaluma duly considered the Report and found that it complied with all applicable. requirements of the 1972 Act and other applicable law, including the requirements that the Report refer to the:assessment district by its designation, specifythe fiscal year to which the report applies, and contain improvement plans and;specifications, ap.estimate of the. improvement costs,.,a diagram of the district, an assessment of the. estimated costs,of the improvements; and estimate of the principal amount of improvement bonds or notes to be issued, if any; and WHEREAS, by Resolution No. adopted November 21, 2005, they City Council. ofthe City of Petaluma preliminarily approved the Report subject .to pending proceedings, including balloting proceedings and noticed hearing proceedings concerning the:District in accordance with California Constitution Article XIIID, California Government Code Section 53753 and the 1972' Act; and W)EiEREAS, by Resolution -No. adopted November 21, 2005, the City Council of the City of Petaluma declared its intention to order the levy andcollect assessments for the District and set a public hearing. on the formation of the District and levy of the proposed assessment pursuant:to the 1972 Act; and WHEREAS; California Government Code Section 53753 (which implements California Constitution Article XIIID, known as Proposition 218) requires, thatpriorto levying,a„new or increased assessment local agencies, must provide mailed notice, including balloting materials and instructions as specified in Section 53753, to each record owner of a parcel within the proposed assessment at least 45 daysprior to a public .hearing on the assessment; and WHEREAS, on October 21, 2005, City staff mailed notices and -balloting materials and instructions to each record owner of a parcel within the District; announcing that ballots would be canvassed and la,hearing conducted on December 5, 2005 on the formation of the District and levy and collection of the Assessment for the 2006 — 2007 fiscal year, and, :for,each,future year following establishment of the 'Distr_ict, of the, percentage increases=specified in the U.S. Department of labor, Bureau of Labor Statistics; Consumer Prices Indexes, Pacific Cities,and the U.S. City Average; San Francisco -Oakland -San Jose from February 1; and WHEREAS,'the mailed notices included: the total amount of the proposed Assessment chargeable to the entire District, the, amount chargeable'to the record owner's parcel, the duration of the payments, the reason for the Assessment and the basis upon which the amount of the proposed Assessment was calculated, the date, time :and location of a -public hearing on,the proposed' Assessment, a summary of the. procedures., for the completion, return, and tabulation of the Assessment ballots; including a statement that the Assessment shall not be imposed if the ballots submitted in opposition to the 0 z7- assessment exceed the ballots: submitted in favor of the Assessment, with ballots • weighted according to tl e� proportional financial obligation of the affected property, an assessment ballot, includ" the City's address for receipt of ballots, a place .for the person returning the ballot to indicate his or her name, reasonable identification of the parcel, and his or her support of opposition to the proposed Assessment;4 and WHEREAS, the 1972 Act requires one published notice at least 10 days before the public hearing on ,the Assessment; and WHEREAS', on,November 23,.2005, City staff published notice in accordance with California Government Code Section.6061 of the public -hearing on the Assessment; and WHEREAS, ballots mailed -concerning the proposed Assessment were in a form that concealed their contents once sealed by the person submitting the ballot, and all assessment ballots" were :received at the address indicated on the ballot for tabulation; and WHEREAS, on December 5, 2005, at a, regularly schedule meeting at the time date and place stated in the mailed and the,published,notices; the City Council of the City Petaluma conducted a hearing onthe proposed Assessment, permitted any interested person to present written or oral testimony, and considered all objections or protests to the proposed Assessment, including any objections'to the Improvements, maintenance of the Improvements, the extent of the District, and/or any zones°within the District, the District diagram, and the Engineer's cost estimate, and the City Council of Petaluma fully considered any such written or oral testimony concerning the proposed Assessment;' and WHEREAS, ballots on the Assessment were permitted to be submitted, changed or withdrawn by the, person who submitted the ballot until the conclusion of the public testimony at the hearing; on_the proposed Assessment; 'arid ballots remained sealed until the City Clerk commenced, tabulation of the .ballots following the .conclusion of public testimony;6 and WHEREAS, if there is a majority protest against the imposition of a new assessment or the extension or. increase of an existing assessment; they assessment may not be imposed, extended, or.increased;' and WHE AS; a majority protest exists if assessment ballots submitted and not, withdrawn in opposition to the proposed assessment', exceed the assessment ballots ;submitted,, and not:withdrawn, in favor of the :assessment, weighting the assessment ballotsbythe: amount of the;,proposed•assessment to be imposed on the identified parcel for which:each assessment ballot was submitted ;8 and 4 Cal. Gov'.t:.Code- §53753(b), (c) s. Cal. Gov't. Code §53753(4) 6 Cal. Gov't- Code §'53753(c), (e) .Cal'. G'ov't. Code §53753(e)(3) �✓ s Cal. Gov't: Code=§53753(e)(2) 0 WHEREAS, following the conclusion of public testimony on the proposed • Assessment, the bty-Clerk tabulated ballots submitted and: not withdrawn in support of the proposed Assessment, and ballots submitted and not withdrawn. in opposition to the proposed Assessment; and WHEREAS, when weighted according to.the amount of the proposed Assessment to be imposed upon the parcel for which each assessment ballot was submitted, the ballots.submitted and not withdrawn in opposition to the proposed Assessment did not exceed the ballots submitted and not withdrawn in support of the proposed Assessment, and thus a majority protest does not exist concerning formation of the Assessment; and WHEREAS, if a majority protesi.has not been filed concerning a proposed assessment,,the legislative body may adopt a resolution ordering the: improvements and the formation of the assessment district and confirming the diagram and assessment either as originally .proposed by the legislative body or as changed by it, and adoption of the resolution constitutes levy of an assessment for the first year referred to in the assessment;9 and Findings WHEREAS, the City Council of the City of Petaluma finds, based on substantial evidence in the whole record before the Council,. as follows: 1. Formation of the proposed District and levy of the proposed' Assessment is for the purpose of meeting operating expenses of maintaining the District .and_ the Improvements in accordance with the 1972 Act, and/or for the purpose :ofobtaining funds for capital projects necessary to maintain services within existing service areas in accordance with Title 14, Section 15273, subsection (a)(4) of the California Environmental Quality Act ("CEQA") Guidelines. 2. Maintenance of the Improvements funded�pursuant to the Assessment constitutes -maintenance of existing landscaping in accordance with Title 14, Section 15301, 'subsection (h) of the CEQA Guidelines. 3. The Improvements constitute minor public alterations in the condition of land, water and/or vegetation that do not involve removal of healthy, mature -scenic trees in the form ofnew gardening or landscaping in accordance with Title 14, Section 15304, subsection.(b). NOW, THEREF®RE, the City Council of the City of Petaluma doe_ s resolve as follows: 9 Cal. St. & High. Code §22594 0 I . The above recitals are true and correct and hereby declared to be findings of the City Council of the, City of Petaluma. 2. Formation of the proposed District and levy of the proposed Assessment, the Improvements and, maintenance of the Improvements are exempt from CEQA in accordance with Title 14, Section 15273; subsection (a)(4), Section 15301,, subsection (h) and Section 15304, subsection (b)' •of the CEQA Guidelines. 3. All protests against the .Improvements, the proposed District and annual Assessment proposed' for Fiscal year 2006-2007., including protests against maintenance of the Improvements, ,the extent of the District and/or any zones :in the District, the District diagrams or the Engineer's estimate, of the cost of the Improvements and/or their maintenance have been received and considered. 4. The District that will benefit from and be assessed. for the Improvements and their construction and/6uinstallation and maintenance, is.situated in -the City of Petaluma, California,and. is more particularly described,in the. diagrams of the District contained in the Engineer's. Report on file in the officee-of the City Clerk. The Engineer's Report is attached to and made a part of. this',resolution as Exhibit A. The diagram of the District indicates by a boundary line the extent of the territory included in the District and any zone within the District; and the general location.of.the District. 5. The plans -and specifications for the Improvements (both existing and proposed) within the District as contained in the Engineer's Report.. are adopted and approved. 6. The Engineer's estimate of.the cost of the. Improvements, and of constructing and/or installing,und maintaining the Improvements as contained in the Engineer's Report is adopted and approved. 7. The public interest, convenience and,necessity require and the City Council of the City of Petaluma hereby orders the Improvements `to ,be made and/or installed and maintained as described in the Engineer's Report. 8. The public interest, convenience. and necessity require and the City. Council of the Cityof Petaluma hereby orders the formation,of the District and the levy and collection of -assessments, including the annual,Assessment proposed for the 2006- 2007 fiscal year pursuant to the 1972 Act and other. applicable law forthe construction and/or installation and maintenance of the rimprovements as described ;in the Engineer's Report. 9. The diagram showing the exterior boundaries of the District and the boundaries of any'zone within the District and. the lines and dimensions of each lot or parcel of land within the District as such lot or. parcel is shown on the County Assessor's map for the applicable fiscal year, each lot or parcel of land of which has been given a 1 0, 17 separate number on such diagram, as contained in the Engineer's Report, is approved and confirmed. 0 10: The Assessment of the total amount of the costs and. expenses; including incidental ;expenses;- concerning the Improvements..fairly distributes such costs amount all assessable lots or parcels of land, within: the District in proportion to the estimated benefits to be received by such lots or�patcels from the Improvements and from the maintenance of the' Improvements as contained in the Engineer's Report, and. such Assessment is approved and confirmed. 11. The entire Engineer'sReport concerning the District, the Improvements, related costs and the Assessment is.adopted and.approved. 12. The City Clerk is directed to file with the Auditor-Controller,of Sonoma County the Assessment and any attachments and diagrams as confirmed by the'City Council ofthe•City.of Petaluma along with a -certificate of such confirmation -to be attached to the Assessment. 13. The Sonoma County Auditor -Controller, and the Sonoma -County Tax Collector are directedpursuantto the 1972 Act to'apply, the Assessment filed with the Auditor -Controller as, contained mlihe Engineer's. Report on file with .the, City Clerk to the tax.roll and the Sonoma County Tax;Collector:is directed in pursuant lo the 1972 Act to collect the,.Assessment ,in the same manner- as all other,such assessments collected by the Sonoma County Tax Collector: C: WrPortbl \EBMAMTRIC\658609 I .DOC