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HomeMy WebLinkAboutAgenda Bill 7.A 05/03/2004• a CITY OF PETALUMA, CALIFORNIA AGE B I L L Agenda Title Meeting Date: Public meeting to hear testimony regarding the formation of a Nlav 3, 2004 Landscape Assessment District for Washington Creek Village Subdivision. Meeting. Time ❑ 3:00 PM 7:00 PM Category ("check.one) ❑ Consent Calendar ❑ Public Dearing JZ New Business ❑ Unfinished Business ❑ Presentation Department Direct r" ontaet Person Phone Number Jim C _ Parks ,& Recreation Ed Anchordoguy 707- 778 -4321 Cost of .Proposal $12,82`1 for Y 05 -06 Account Number 25XX Amount Budgeted $0 Name of Fund: Washington Creek Village LLAD Attachments to.Agenda Packet Item a. Agenda Report b. Engineer's Report c. Resolution Proposing Formation. of the Washington Creek Village Subdivision Landscape and Lighting• Assessment District. d. Resolution of Preliminary. . Approval of Engineer's Report for Washington Creek Village Subdivision Landscape and Lighting Assessment District. e. Resolution of Intention to Order the Levy and Collection of Assessments for Washington Creek Village Subdivision Landscape and Lighting Assessment District.. Summary Statement The Community Development Department has required a Landscape Assessment District be established for the Washington Creek Village Subdivision to maintain the public or common landscaped areas within the subdivision. A base amount has been established and once approved cannot be raised more the CPI without a vote from the property owners. The Washington Creek Village Subdivision base annual assessment is :estimated at $347.00 per home based on 37 residential lots. The base year annual cost of $12,82.1 wilt maintain landscaping and irrigation systems in medians and common areas that are separate from the residential water meters. The level of maintenance is consistent with the Landscape Assessment District landscape maintenance specifications under the current contract adopted by the City Council on March 3, 2003'. The individual property owners will be responsible for the landscaping and.streettrees in front of their houses. As required by state law, these resolutions will start the ,formation process with this public meeting and a p ublic hearing and counting of ballots on May 17, 2004 to complete the process. Recommended''City Council Action /,Suggested Motion To set a public hearing and counting of ballots for May 17, 2004 and adopt the resolutions to begin the process for the formations of the Washington Creek Village Subdivision Landscape and Lighting Assessment District. Reviewed by Finance. Director: Revi e y 711 t me : te: A . r City Manage Date: Date � Today's D te Revision # and Date Revised: File Code: CITY OF PETALLTMA, CALIFORNIA SEPTEMBER 15; 2003 • AGENDA REPORT FOR, PUBLIC MEETING TO'REAR TESTIMONY REGARDING; THE FORMATION OF A LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTFOR WASHINGTON CREEK VILLAGE SUBDIVISION 1. EXECUTIVE-; SUMMARY The Community Development 'Department has required a Landscape and Lighting Assessment District be established for the Washington Creek Village Subdivision to maintain the public or common landscaped areas within the subdivision. A base amount has been established and once approved cannot be raised more the CPI without' a. vote from the property owners. This base amount can be lowered when estimated costs of any given year are calculated. As required by state law, ballots, ballot instructions, and. public -hearing; notices, have been sent out to - the 12 property owners of all 37 lots 45 days prior to the public hearing. The .resolutions included with this staff report will set a public hearing and counting of ballots for May 17; 2004. and initiate the process to form the Washington Creek Village Subdivision Landscape and Lighting Assessment District. Staff is recommending that the resolutions be approved and that the form_ ation process begin. 2. BACKGROUND The Community Development Department has a policy to establish landscape assessment districts (LAD) for all new subdivisions that'have common public landscaped areas. The requirements are identified in the tentative niap conditions prior to development of the subdivision. These districts • maintain various amenities on public land such as landscaped remnants, islands, medians, pathways, riparian mitigations, soundwalls, fences and street lights.. The costs are spread among all of the private parcels within the district. A homeowner's association maintains any landscaping of common areas on private land. The Washington Creek Village Subdivision base annual assessment is estimated at $347.00 per home based on 37 residential lots. The base year annual cost of $12,821 will maintain landscaping and irrigation. systems in medians and common areas that are separate from the residential water meters and the street light system. This base amount also will establish a reserve, for cash flow, renovation and repairs. The $5913 estimated for annual landscape maintenance: is determined on a square foot basis using current landscape industry costs and estimates from three landscape contractors and consulting with a California licensed Landscape Architect. The landscape is not currently in existence and estimates were made from the final approved landscape plan for the subdivision. The actual annual landscape maintenance cost will be determined through.the bid,process by selecting the lowest responsible bidder. The level of maintenance is consistent with the Landscape Assessment District landscape maintenance specifications under the current contract adopted by the City Council on March 3, 2003. The individual property owners will be responsible for the landscaping and street trees in front of their houses. The:approval of resolutions will begin the process to establish the district and set the base assessment per parcel: This base annual assessment:may be increased each year no greater than the CPI without a vote of the property owners. The actual annual assessment will be set each year by the City Council at a noticed public hearing and can be set at a lower amount to cover the estimated costs. If it is necessary to increase the assessment above the allowed amount, a formal 45 day notice period with a vote of the property owners is required. 3. ALTERNATIVES Require the Developer to establish a Homeowners Association and transfer ownership of the properties dedicated to the City to the Homeowners Association to maintain all the landscaping. Do not establish -a district and maintain the landscapes with General Fund resources. - 4. FINANCIAL IMPACTS The estimated base year cost of $12,821 includes the. cost of landscaping and tree maintenance, utilities, direct 7supervision.by ,City Staff and miscellaneous improvements and repairs and maintenance of the street lighting system. It. also includes indirect City' Staff support and a reserve. This will provide a reserve to buid to a maximum of 50% of the annual landscape maintenance cost. The estimated annual Base year assessments will be $347.00 per house. The base assessment may be increased each year by up to the CPI without a vote of the property. owners. The attached Engineer's Report contains a summary of the first year base cost and estimated annual assessments. Staff osts forthe formation of the LAD is estimated at 16 hours (I hour- Finance Director, 4 hours S Acounting Assistant, l hour Parks and -Recreation, Director, 10 hours Parks and Landscape Manager). The formation costs, including a review. by. the City Engineer; City Attorney, for the LAD is paid from.a formation deposit of $5,000 by the developer. The clerical staff support costs, including the annual. assessment process, are estimated at over 100 hours per year for all of the .LADS. These costs are included in each of the LAD ;budgets. The estimated clerical support costs for Washington Creek Village Subdivision LLAD is estimated at2% of the landscape maintenance costs. The remaining 13% of - city administration fee funds support provided by the Parks & Recreation Dept. • 5. CONCLUSION Establish the Washington Creek Village LLAD in order to generate sufficient revenues_ for the maintenance of the public landscaping in the subdivision. The base annual assessment of $347.00 per parcel is sufficient, with annual inflation increases, to adequately maintain the public landscaping that 'is required as a condition of development and provide for reserves for replacement or "repair of the landscaping. 6. OUTCOMEROR PERM Public satisfaction with the landscape maintenance will be measured through the positive or negative feedback received through phone calls, letters, and emails. 7. RECOMMENDATION Set a public hearing. and counting of ballots for May .17, 2004 . and adopt the resolutions, to- begin the process for the formations; of - the Washington Creek Village Subdivision Landscape and Lighting Assessment District. g; /forms/2003 agenda bill ' 0 E'NGINEER'S REPORT WASHINGTON CREED VILLAGE SUBDIVISION LANDSCAPE/LIGHTING MAINTENANCE DISTRICT CITY OF PETAI.UMA • Prepared under the direction of Craig Spaulding, City Engineer Submitted: May 3, 2004 • LANDSCAPE ASSESSMENT DISTRICT . . ENGINEER'S REPORT 'WASHINGTON CREEK VILLAGE SUBMISION • LANDSCAPING AND LIGHTING ACT 1972 The undersigned respectfully submits the enclosed report:as directed by the City Council. Dated: 3 2004 Craig, Spaulding City Engineer City of Petaluma County of'Sonoma, CA By I HEREBY CERTIFY'thatthe enclosed ;Engineer's,Report,.'together with Assessment and Assessment Diagram thereto attached, was filed' with me on the _ day of , 2004. Gayle Peterson City'Clerk City of Petaluma County:of Sonoma, CA R I HEREBY CERTIFY 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 , 2'004. Gayle Peterson 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 , 2004. Gayle Peterson City Clerk City of Petaluma, County'of Sonoma, CA I: 0 LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT ENG'INEER'S REPORT WASHINGTON CREEK VILLAGE SUBDIVISION LANDSCAPING AND LIGHTING ACT OF 1972 Craig Spaulding, City Engineer and Engineer of Work..for Washington Creek Village 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 maintenam e of all the public g landscaping improvements as part of "Washington Creek Village Subdiv sioW consisting of plant�m erial, trees, outdoor furniture, pathway lighting, irrigation, systems, soundwall and street lighting located dri 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. Area 1 includes the. Washington Creek, area bounded by Prince Park on the east,. and a line continuing from the western lot line of lot", 15, across the creek to Linnet Lane on the west. This area is bounded on the north side. of the creek by lots 16 through 20 and.22 through 27 and the south side of the creek by lots 1, 2,. 15 and Catenacci Court. Public landscape=Are- includes ,the north side of East Washington St. from .back of curb to the, both east and ofCatenancei Court and bounded on the north by lots '3 through 11. 'Public landscape Area, 3 incl_udes'the landscaped islands within the cul -de =sac .of Catenacci. Court. In,addition,.,the Landscape and Lighting Assessment District shall maintain the street lighting: located within the boundaries of Washington Creek Village on..Hawk Drive, Noriel Lane- and Catenacci Court. 0 LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT A WASHINGTON CREED VILLAGE SUBDIVISION LANI)SCAPINGILIG'DTING MAINTENANCE IDISTRICT FISCAL YEAIt 2005 -06 CITE OF'.PETALUlVIA PLANS AND SPECIFICATIONS, THOUGH ROUND SEPARATELY, ARE FILED AS A PART OV THIS RECORD • • LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT B WASHINGTON CREED VILLAGE SUBDIVSION LANDSCAPING/LIGHTING MAINTENANCE DISTRICT CITY OYPETAI UMA FISCAL YEAR 200'5 -2006 ESTIMATED ASSESSMENT DISTRICT ANNUAL COSTS Estimate Of Costs for twelve (12) °months Maintenance of Landscaping Utilities Supervision Improvements &..Repairs Other Services Street.Light Maintenance . Total Maintenance Costs Incidental Costs County Collection Fee (1/4% o) City Administration (15 %) Total Estimated Costs! for Maintenance and Incidental Costs Reserve for Delinquent, Cash Flow, unusual.repairs Number of`Parcels to be Assessed $5,913 $1,700 5500 $500 $500 $1,000 $10,113 $25 $'1,517 $11,655 $:1,1'66 37 9, LANDSCAPE ASSESSMENT DISTRICT ENG'INEER'S REPORT • EXHIBIT C WASHINGTON CREEK VILLAGE. SUBDIVISION LANDSCAPING/LIGHTING MAINTENANCE DISTRICT CITE' OF PETALUMA FISCAL YEAR2005 =06 ASSESSMENT ROLL: Assessment Amount of Assessor's Number Assessment Parcel Number 1 -37 $12,821 (See Attached Property Owner's List) E • LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT D • WASHINGTON CREEK VILLAGE SUBDIVISION LANDSCAPING/LIGHTING MAINTENANCE DISTRICT CITY OF PETALUMA FISCAL YEAR 2005 -06 BASIS OF ALLOCATION ASSESSMENTS AND ANNUAL INDEXING FACTOR All benefits of the `improvements are special. benefits to land with the district. General benefits to the public generally are nominal or non- existent. Allocationvf Assessments The total maintenance costs per year were estimated, and incidental administrative expenses added to yield a total annuat cost. This cost was then prorated equally to the ,37 lots, ,so that each lot will share equally in the annual landscape maintenance expenses. Annual Indexing Factor Inzny year the assessment shall not be deemed to have been increased if the amount of the increase of Labor1Statistmore C thth percentage of the increase in the U.S. Department of Labor, Bureau 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 20.06 -07 assessment levy increase shall be determined from the percentage increase from February 2005 to February, 2006. • • LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT EXHIBIT E WASHINGTON CREED VILLAGE SUBDIVISION LANDSCAPING/LIGHTING MAINTENANCE DISTRICT CIT OF PETALUMA FISCAL YEAR 2005 -06 • PROPERTY OWNERS LIST Assessment Property Owner's Assessor's Number Name & Address Parcel Number 1 -37 (See Attached Property Owner's List) (See Attached Property Owner' • Oot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 Lot 17 Lot 18 Lot 19 Lot 20 Lot 21 Lot 22 Lot 23 Lot 24 Lot 25 *t 26 of 27 Lot 28 Lot 29 Lot 30 Lot 31 Lot 32 Lot 33 Lot 34 Lot 35 Lot 36 Lot 37 WASHINGTON CREED VILLAGE PROPERTY OWNERS LIST 149 -180 -018 John & Sharon Roehm, 1950 Catanacci Court, Petaluma, CA 94954 149 - 180 -019 Richard ;& Colleen Grant 629 Sartori Drive, Petaluma CA 94954 149 -180 -020 Xian hongBai & Ying Ying Wang, 2284 Malachite Way, Santa Rosa, CA 95404 149 -180 -021 Scott & Ling Reily, 1431 Capri Ave. Petaluma, CA 94954 149 -180 -022 Peter & Maria Aguilar, 5744 Reisling Road, Petaluma,CA 94954 149 -180 -023 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149- 1`80-024 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa.Rosa, CA 95401 149 - 180 -025 Cobblestone Homes Inc., 140.0 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 - 180 -026 Timothy J..& Maria Murphy, 1511 Cero Sonoma Circle, Petaluma, CA 94954 149 - 180 -027 Kesnel r& Ginette;Jacket, 1918 Catenacci Court, Petaluma, CA 94954 149 - 180 -028 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 -180 -029 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149- 180 -030 . James. & Donna Beels, 1909 Cantenacci Court, Petaluma, CA 94954 149 - 180 -031 Michael & Joanne Murphy, 460 Casa Verde Circle, Petaluma, CA 94954 149 -180 -032 Robert & Andrea 1917 Catenacci Court, Petaluma, CA 94954 149 -180 -033 Miguel & Georgina Sandino, 108 Rose Petal Court, Petaluma, CA 94954 149 -180 -034 Cobblestone. Homes Inc., 1400 N. Dutton Ave. Suite 1, Santa Rosa, CA 95401 149 -180 -035 Cobblestone,HOmes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 -180 -036 Cobblestone,Homes Inc., 1400 N. Dutton. Ave., Suite I, Santa Rosa, CA 95401 149 - 180 -037 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149- 180 -038 CobblestoneEomes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149. 180 -039 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 - 180 -040 Cobblestone Homes Inc. ;1400'N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 . 149 - 180 -041 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 -180 -042 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 -180 -043 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149- 180 -044 Cobblestone Homes Inc., 1 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 - 180 -045 Cobblestone Homes Inc., 1400 N Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 -180 -046 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1 Santa Rosa, CA 95401 149- 180 -047 'Cobblestone H.o`mes Inc., 1400 N. Dutton_Ave., Suite 1, Santa Rosa, CA 95401 149- 180 -048 Cobblestone,Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 -180 -049 Cobblestone Homes Inc.,, 1400 N. Dutton Ave:, Suite 1, Santa Rosa, CA 95401 149480 -050 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 -180 -051 Cobblestone Homes Inc., 1400 N -Dutton Ave., Suite 1, Santa Rosa, CA 95401 149 -180 -052 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1,, Santa Rosa, CA 95401 149- 180 -053 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 149- 180 -054 Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa Rosa, CA 95401 r A -RESOLUTION PROPOSING FORMATION OF THE WASHINGTON CREEK VILLAGE SUBDIVISION LANDSCAPE AND • LIGHTING ASSESSMENT` DISTRICT AND INITI'AT'ING PROCEEDINGSYOR FORMATION OF THE DISTRICT, INCLUDING A DESCRIPTION OF THE. IMPROVEMENTS` AND THE DISTRICT, DESIGNATION OF THE CITY ENGINEER AS ENGINEER OF RECORD FOR THE DISTRICT, -A D ORDERING THE ENGINEER TO PREPARE AND'FILE A'REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING .ACT OF 1972 WHEREAS, the `Landscape and bighting' Act of 1972 ( " 1972 Act "), codified in California Streets and Highways Code Section 225.00. et seq., establishes procedures whereby local agencies whose annual taxes' are carried on the county assessment roll and are collected by the county may fund` the construction, and maintenance of improvements by formation of assessment districts'; and WHEREAS,-the general procedures for;formation of an assessment district under the 1972 Act include: adoption of a resolution initiating proceedings, proposing formation of a district and ordering an engineer's report; approval o f the engineer's report; adoption of intention;to form an,,assessment district, levy and collect assessments; and, if desired,: issue bonds or notes ; following canvassing of balloting that has been'. noticed and conducted in.acccrdance with California Government Code Section 53753, anda.noticed public heariog -bfi the.asses9ment, adoption of a • resolution.ordering,the improvements and formation of.the district and confirming the diagram and assessment '- and WHEREAS, inprovements that; may. be 'funded`.under the 1972 Act include: installation or construction of:land'scaping, ornamental structures, public lighting facilities, appurtenant structuresor 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 ofperformances and events, including public and private events3; and WHEREAS, the 1972 Act' provides that local agency legislative bodies may designate the engineer of;record for purposes of the 1972,Act and WHEREAS, the. 1972 Act `provides for initiation of proceedings for formation of assessrnent..d stricts by adoption of a resolution proposing' formation of a district, describing the improvements, describing the district, specifying a distinctive designation 'Cal. St. &'High. Code § §22500 - 2.2501 2 Cal. St. & High. Code § §23585 - 22587,,22594 'Cal. St. & High'. Code §22525 4 Cal. St. & - High-. Code §22523 • Assessment District Formation 1972 Act Resolution Initiating Proceedings April 1'3, 2004 Version for the district and ordering the engineer of record o prepare; and file 'a report in accordance with the requirements of the 1972 Act NOW, THEREFORE, the City Council ofthe City of Petaluma resolve as follows 1. The above recitals are true and..correct and hereby declared to be findings of the City Council of the City of Petaluma.. 2. The City Council,proposesto fornimi assessment district pursuant the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500,and following). The improvements to be funded are described as follows: . The maintenance' of all'the public landscaping. improvements as part of "Washington Creek Village Subdivision" consisting of plant material, trees, outdoor furniture, pathway'.lighting, irrigation systems, soundwall and street lighting located in.the following public areas. Public landscape are defined as those areas that are irrigated:from water'meters separate fromxesidential.water meters. landscape Area 1 includes the Washington.Creek area bounded by Prince Park. on, the' east arid. a line continuing from the western lot, lire of lot .15 across -the creek to Linnet :Lane on the west. This area is bounded on the north o side of the creek by lots 16 through 20 and 21through 27` and the,sout h side of the creek by lots 1, 2, 15, and Catena.cci Court. ;Public landscape Area 2 includes the north side of East Washington. St. -from back of curb to the,soundwall.both east and west: of Catenancci Court and'bounded on the, north `by lots 3 through 1,1. Public landscape Area 3 ,includes the landscaped islands within the cul =de =sac, of Catenacci Court. In addition,, the Landscape and Lighting Assessment District shall maintain the street lighting located within the boundaries of Washington Creek Village on Hawk Drive; Noriel Lane and Catenacci Court. 4 The proposed assessment district shall be designated the. Washington Creek. Village Subdivision Landscape:and Lighting Assessment District, City of Petaluma, Sonoma County, California, and shall include the land shown on the map designated "Assessment Diagram, Washington Creek Village Landscape and Lighting .Assessment District, City of Petaluma, Sonoma. County_ , 'California" which map is on file with the Petaluma City Clerk. 5. Craig Spaulding; City Engineer, of the City ofPetaluma, ( "Engineer ") is hereby designated engineer of record- for the purpose of the, proposed formation pursuant to the 1972 Act. 5 Cal. St. &High. Code §22585 Assessment District Formation 1972. Act Resolution InitiatingProceedings April 13, 2004 'Version • 6. 'The City Council hereby directs the Engineer to prepare and file with the 0 City Clerk and to submit to the :City Council for approval a�report conceraing the proposed V1Washington Creek Village Subdivision Landscape and Lighting,. Maintenance District in accordance with California Streets' +and Highways Code Section 22565 and following. 658483_1 • • Assessment District Formation 1972 Act Resolution In itiatin g, Proceedings April 13, 2004 Version 3 A RESOLUTION OF PRELIMINARY APPROVAL • OF THE ENGINEER'S REPORT FOR THE WASHINGTON CREEK VILLAGE SUBDIVISION LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 WHEREAS, the Landscape and Lighting Act of 1972 ( "1972 Act'), codified in California. Streets and Highways Code Section 22500 et seq., establishes procedures whereby local agencies' whose annual taxes are carried on the county assessment roll and are collected by the county may fund the construction and maintenance of improvements by formation of assessment districts'; and WHEREAS, the general procedures for formation. of an assessment district under the 1972 Act include: adoption of a resolution initiating proceedings, proposing formation of a district and ordering an engineer's, report; approval of the engineer's report; adoption of a resolution of intention to form an assessment district, levy and collect assessments, and if desired, issue bonds or notes; and following canvassing of balloting that has, been noticed and 'conducted in accordance: with California Government Code Section 5375.3, 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 .1972 Act include: installation or construction of landscaping, ornamental structures, public lighting facilities, appurtenant structures or facilities, park or recreational improvements, acquisition of land or existing improvements' for park, recreational or open space, purposes, and acquisition or construction of community centers, auditoriums, halls or similar public facilities, for indoor presentation of perforriiances and events, including public and private events 3. and WHEREAS, - reports, under the 1972 Act must be prepared for each fiscal year for which assessments are to be levied and collected to pay the.cost of assessments described in the report, refer to the assessment district by its designation, specify the fiscal year to which the report applies, and contain improvement plans and specifications, an estimate of the improvement costs, a diagram of the district, an assessment of the ' Cal. St. & High.:Code § §22500; 22501 2 Cal. St. & High. Code. § §23585 22587, 22594 3 Cal. St. & High. Code §22525 Assessment District Formation • Act Resolution Preliminarily Approving Engineer''s s Report April 13, 2004 Version estimated the improvements; and estimate of the principal amount of improvement bonds or notes to be issued and WHEREAS plans and specifications in reports under the 1972 Act must show or describe the general nature, location and extent of existing and proposed improvements, indicate. the class and type of improvements to be provided for each zone, if the assessment district is divided into zones, and may be separate documents or incorporated with the diagram of the district 5 ; and WHEREAS, the estimate of improvement costs must include all costs of constructing, installing, maintaining and servicing the improvements, (including incidental expenses ouch as the cost of report preparation, printing, advertising, notice, publication costs; compensation payable to the county for assessment collection, compensation of any engineer or attorney employed to render services in proceedings under the 1972 Act, costs associated with elections for approval of new or increased assessments, any other expenses incidental to the construction, installation, maintenance or servicing of the improvements or improvement bonds or notes, and a reserve that may not exceed the estimated cost of maintenance servicing to December 10 of the fiscal year, or whenever the agency expects to receive special assessment proceeds from the county, whichever'is .later), the amount of any surplus or deficit in the improvement funds to be carried over from.a previous, fiscal year, the amount of any contributions from:sources . other than,assessments levied under the 19.72 Act, the amount of the .annual installment for the fiscal year if the agencylegislative body has ordered the assessment for the estimated improvement.coststo levied, and collected in annual installments, and the net amount to be assessed upon assessable lands within the assessment district, a$7the total improvement costs less any amounts of surpluses or deficits, contributions to be made -from other sources, or annual installments and WHEREAS, the, diagram of.an assessment district must show the exterior boundaries of the assessment district, the boundaries of any zones within the district, and the lines or dimensions of each lot or parcel within the district, with each lot or parcel identified by a distinctive number or letter 7; and WHEREAS, the assessment included in the engineer's report must refer to the fiscal year to. which it applies and state the net amount determined in accordance with Government Code Section 22569 to be assessed upon assessable lands with the district (including an amount sufficient to pay the principal and interest due during the fiscal year from each parcel:on any improvement bonds or notes issued), describe each assessable lot or parcel within the district, and assess the net amount on all assessable lots,or parcels 4 Cal. St. , &,High: Code § §22565 — 22567 s Cal. St. &`High. Code §22568 6 Cal. St. & High. Code ° §22526, 22569 Cal-. St. &High. Code; §22570 Assessment District Formation • 1972 Act Resolution Preliminarily Approving Engineer'.s Report April 13, 2004 Version 2 with, the district by apportioning that amount among the lots or parcels in proportion to • the estimated benefits to be received by each lot or parcel and WHEREAS, the net amount to be assessed upon land within an assessment district, may be apportioned by any formula or method that fairly distributes the net amount among all assessable lots or in proportion to the estimated benefits to be received by each lot or parcel;from.the improvements, and the determination of whether or not a lot or parcel will benefit from the improvements must be made in accordance with. the Improvement Act of 1911 (California Streets and Highways Code Section 5000 and following) and WHEREAS, the assessment district diagram and assessment may classify areas within an assessment district into different zones where the various zones will receive differing degrees of benefit from the improvements, with each zone consisting of territory that will receive substantially the same degree of benefit from the improvements 10 ; and WHEREAS, by Resolution No. adopted, May 3, 2004, the City Council of the City of Petaluma designated Craig Spaulding, City Engineer, as, the Engineer of Record ( " Engineer ") for the °proposed Washington Creek Village Subdivision Landscape and Lighting Assessment District ( "District "); and WHEREAS, the Engineer has prepared such a,report ( "Report") concerning the District in accordance with the requirements of the 1972 Act, filed a copy of the Report with the City Clerk and submitted a copy of the Report to the City Council for consideration; and WHEREAS, the City Council has duly considered the Report; NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows: 1. The above recitals are true and correct and hereby declared to be findings of the City Council ofthe City of Petaluma. 2. The plans and specifications for the improvements ( "Improvements ") that exist within or are to be constructed within the District, which are included as part of the Report, describe the. general nature location and extent of existing and proposed improvements indicate the class and type of:improvements to be provided for each zone, if the assessment district is divided into zones, and such plans and specifications are hereby preliminarily approved. 8 Cal. St.,& High. Code §2257.1 9 Cal. St. & High. Code; §22573 10 Cal. St. & High. Code; §22574 Assessment District Formation • 1972 Act Resolution Preliminarily Approving Engineer's Report April 13, 2004 Version 2. The Engineer's estimate of the cost of the Improvements in accordance • with the 1972-Act, which,estimate is included as part of the Report and.includes, but is not limited to, the cost of installing, maintaining and servicing the improvements, incidental costs, axeserve, and the Engineer's estimate of the net amount to be assessed upon assessable lands within the District, is hereby preliminarily approved. 3. The diagram of the .District ( "Diagram "), which is included as part of the Report,, and which shows the exterior boundaries of the District, the boundaries of any zones within the District, and the lines or dimensions of each lot or parcel within the District, with each lot or parcel identified by a distinctive number or letter, is hereby preliminarily approved. 4. The proposed assessment, which is , included as part of the Report, refers to the fiscal year to which it applies, states the net amount determined in accordance with Government Code Section 22569: to, be assessed upon assessable land's with' the District, describes reach assessable lot or parcel within the district, assesses the net amount on all assessable lots or parcels within the District by apportioning that amount among, the lots or parcels in proportion to the estimated benefits to be received by each lot or parcel, .and is hereby preliminarily approved. 5. The preliminary approvals set forth in this resolution are subject to pending proceedings; including balloting proceedings and noticed hearing proceedings concerning the District in accordance with California "Constitution Article XIIID, California Government Code Section 53753 and the 1972 Act. 658484_1, Assessment District Formation 1972. Act .' Resolution Preliminarily Approving;Engineer's Report April 13, 2004 Version A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA TO ORDER. THE LEVY AND COLLECT ASSESSMENTS FOR THE WASHINGTON CREEK VILLAGE SUBDIVISION LANDSCAPE AND LIGHTING; ASSESSMENT- DISTRICT AND SETTING A PUBLIC HEARING ON THE FORM OF TH E ASSESSMENT DISTTRICT AND THE LEVY OF THE PROPOSED, ASSESSMENT PURSUANT TO THE LANDSCAPE AND LIGHTING AC OF 1972 WHEREAS, the. Landscape and Lighting Act of 1972 ( "1972 Act "), codified in California Streets and Highways 'Code Section, 22500 et seq.,, establishes procedures whereby local agencies whose annual taxes are carried on the county assessment roll and are collected by the county may fund the construction and maintenance of improvements by formation of assessment. districts'; and WHEREAS, the general procedures for formation of an assessment district under the 1972 Act include: adoption of a'resolution initiating,proceedings, :proposing formation of a district and ordering' an engineer's report; approval of the engineer's report; adoption of a resolution of:intention to form an assessment district, levy and collect assessments, and, if desired, issue bonds or notes; and following, canvassing of balloting that has been noticed and conducted in accordance with California 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 and WHEREAS, improvements that be funded under the 1972 Act include: installation or construction of landscaping, ornamental structures, public lighting facilities, appurtenant structures or 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 presentation of performances'and events, including public and private events and WHEREAS, the 1972 Act provides that after approval of the engineer's report, the legislative body must adopt a resolution of intention: declaring the legislative body's intention to order:formation�of the district, to levy and collect assessments, (and if desired, to issue bonds or notes); generally describing the improvements; referring to the proposed assessment district by its distinctive designation and indicating the.general location of the district; referring to the engineer's report, on fie with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment district • ' Cal. St. & High. Code § §22500 - 22501 z Cal. St. :& High. Code § §23585 - 22587, 22594 3 Cal. :St. & High. Code � §22525 and any zones within the district, any bonds or notes to be issued, and the proposed assessments upon assessable lots and parcels of land with the district; and giving notice • of, and fixing a time and place, for, a hearing of the legislative body on the question of formation of 'the assessment district and the levy of the proposed assessment -; ;and WHEREAS, the engineer of record ( "Engineer ") for the proposed Washington Creek Village Subdivision Landscape Assessment. District ( "District ") prepared a report ( "Report ") concerning the District, District improvements ( "Improvements ") and the, proposed assessment ( "Assessment ") -in accordance with the requirements of the 1972 Act; filed a copy of the Report with the City Clerk - and submitted a copy of the Report to the City Council' for consideration; and WHEREAS, by Resolution No. adopted May 3, 2004, the City Council of the City of Petaluma,preliminarily, approved the Report subject to pending proceedings; including balloting proceedings and noticed, hearing proceedings concerning the District in accordance with California Constitution Article XIIID, California Government Code, Section 53753 and the 1972 Act; WHEREAS, California Government Code Section ;53753 (which implements . California Constitution Article XIIID, known as Proposition 218) requires that prior to levying a new or increased assessment local agencies must provide mailed notice, including balloting.materials and instructions as specified in Se' ection 537.53, to each, record owner, of a;parcel within the proposed assessment at least 45 days prior to a,public hearing on the assessment; and. WHEREAS, on April 2, 2004, City staff-mailed notices and balloting materials and instructions to each record owner of a parcel within the District announcing that ballots would' be canvassed and a hearing, conducted on May 17, 2004 on the formation of the District and levy and collection of the Assessment for the 2005: — 2006 fiscal year, and, for each future year following establishment of the District, ofthe 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 l; and WHEREAS, the 1972 Act requires one published notice at least 10 days before the public hearing on the Assessment; NOW, 'THEREFORE, the City Council o_ f the City of Petaluma does resolve as follows: 1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of Petaluma. 2. The City Council of the City of Petaluma ( "Council ") finds in ; accordance with the 1972 Act and other applicable law that the public'interest and convenience 4 ' Cal. St. & High. Code §22587 require and it is the intention of the Council to order the formation of the Turnbridge Subdivision Landscape Assessment District and- to order the Improvements, generally described as plant material, trees, irrigation systems and other improvements located in public landscape areas and further described in the Report, and to levy and collect the assessment described in the Report for the fiscal year 2005 -2006 and, for each future year following establishment of the District, the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco- Oakland -San Jose from February 1. 3. The general location of the District is: Petaluma, Sonoma. County, California. The Report, which is on file in the office of the Petaluma City Clerk, contains a full and detailed description of the Improvements, the boundaries of the District and any zones within the District, the bonds to be issued, if any, and the proposed assessments upon assessable lots and parcels ofland within the District. 4. The Council intends that all costs and expenses of the Improvements in accordance with California'Streets and Highways Code Section 22526 and 22569, and, for each future year following establishment of the District, the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco- Oakland -San Jose from February 1, are to be made chargeable against the assessable lots and parcels of land within the District and apportioned in accordance with the Report. • 5. Notice is hereby given of a public hearing on Monday, May 17, 2004, at the hour of 7pm4 in the regular meeting place of the'Council, Council Chambers, City Hall, 11 English. Street, Petaluma, California, immediately following the canvassing of ballots on the formation of the District ,and assuming a majority protest does not exist in accordance with California Government Code, Section 53753. The hearing will be on the question of the formation of the District and levy and collection of the proposed assessment for the 2005-2006 fiscal year and, for each future year following establishment of the District, the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco- Oakland -San Jose from February 1. At the hearing, the Council will consider all statements and all written protests made or filed by any interested person at or before the conclusion of the hearing concerning the Improvements, the boundaries of the District and any zone or zones in the District, the proposed diagram, the proposed assessment, the: Engineer's estimate of the 'cost of the Improvements and may act concerning the Assessment. 6. The City Clerk is hereby directed to publish notice of the hearing concerning the District one time in a newspaper of general circulation in the City and to conspicuously post a copy of the notice on the official bulletin board customarily used by the Council' forposting notices at least 10 days before the hearing date. • 7. The Parks and Land Manager is hereby designated as the person to answer inquiries regarding any proceedings and other matters related to the.District, and may be contacted, during regular business hours at the Petaluma Community Center, 320 North McDowell Blvd., Petaluma CA 94954 (707) 778 -4380. 0 658571_1 0 •