HomeMy WebLinkAboutAgenda Bill 7.A 05/03/2004Agenda Title:
CITE' OF PETALUMA, CALIFORNIA
AGENDA BILK
Meetine Date:
M"
• Public meeting to hear testimony regarding the formation of a 1VIav 12004
Landscape Assessment District for Washington Creek Village
Subdivision. Meetine Time: ❑ 3:00 PM
54 7:00 PM
Cateeory (check,one): ❑ Consent Calendar ❑ Public Hearing New I37usiness
❑ Unfinished Business ❑ Presentation
Department: Director Number.
Person: Phone
Recreation I Jim C. - Ed Anchordoguy 701-778-4321
Cost of.Provosal: $12,821 for T
5-06 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 $12,821 will'maintain landscaping and irrigation
systems in medians and common areas that are separate from the residential water meters. The level of
maintenance is consistent with the Landscape Assessment District landscape maintenance specifications
under the current contract adopted by the City Council on March 3, 2003'. The individual property owners
will be responsible for the landscaping and .street trees in front of their houses.
As required by state law, these resolutions will start the formation process with this public meeting and a
public hearing and counting of ballots on 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.
0 Reviewed by Finance. Director:
Date:
Todav's bite:
Reve e v t rnev:
te:
Revision # and Date Revised:
A/e
AOvro4kM Citv Manager:
Date:
V 7 -
File Code:
CITY OF PETAL'LTMA, CALIFORNIA
SEPTEMBER 15. 2003
• AGENDA REPORT
FOR,
PUBLIC MEETING TO,IIEAR TESTIMONY REGARDING THE FORMATION OF A LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICTFOR WASHINGTON CREEK VILLAGE SUBDIVISION
1. EXECUTM 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 formation process begin.
2. BACKGROUND:
The Community Development,Department has a policy to establish landscape assessment districts
(LAD) for all new subdivisions that have common public landscaped areas. The requirements are
identified in the tentative map conditions prior to development 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 maintenanceis 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, bidprocess by selecting the lowest
responsible bidder. The level of maintenance is consistent with the Landscape Assessment District
landscape maintenance specifications under the current contract adopted by the City Council on March
3, 2003. The individual property owners will be responsible for the landscaping and street trees in front
of their houses.
The .approval of the resolutions will begin the process to establish the district and set the base
assessment per parcel. This base annual assessment,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 supervision by City Staff and miscellaneous, improvements and repairs and maintenance of the
street lighting system. It. also includes indirect City' Staff support and a reserve. This will provide a
reserve to build to a maximum of 50% of the annual landscape maintenance cost.
The estimated annual Base year assessments will be $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 support costs for the formation of the LAD is estimated at 16 hours (1 hour Finance Director, 4
hours Accounting Assistant, 1 hour Parks and -Recreation, Director, 10 hours Parks and Landscape
Manager). The formation costs, including a review by the City Engineer; City Attorney, for the LAD is
paid from.a formation deposit of $5,000 by the developer.
The clerical staff support costs, including the annual assessment process, are estimated at over 100 hours
per year for all of the LADS. These costs are included in each of the LAD ,budgets. The estimated
clerical support costs.for Washington Creek Village 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 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. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT'WILLIDENTIFY 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:
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
ENGINEER'S REPORT
WASHINGTON CREED VILLAGE SUBDIVISION
LANDSCAPE/LIGDTING MAINTENANCE DISTRICT
•
Submitted: May 3, 2004
0
CITY OF PETALUMA
Prepared under the direction of
Craig Spaulding, City Engineer
LANDSCAPE ASSESSMENT DISTRICT .,ENGINEER'S REPORT
'WASHINGTON CREEK VILLAGE SUBDIVISION
• LANDSCAPING AND LIGHTING ACT 1972
The undersigned respectfully submits the enclosed report:as directed by the City Council.
Dated: , 2004 Craig, Spaulding
City Engineer
City of Petaluma
County of Sonoma, CA
By
I HEREBY CERTIFY that the enclosed:Engineer's Report,.' together with Assessment and
Assessment Diagram thereto attached, was filed' with, me on the _ day of
2004.
Gayle Peterson
City Clerk
City of Petaluma
County of Sonoma, CA
M.
I HEREBY CERTIFY,that the vidlowd 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 , 2004.
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
0
LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT
ENGINEER'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.maintenance of all the public landscaping improvements as.part of "Washington
Creek Village Subdivision" consisting of plant°material, trees, outdoorfurniture, pathway
lighting, irrigation systems, soundwall andstreet lighting locateddri 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=Area.2
includes ,the north side of East Washington St. froth back of curb to fhe:soundwall both
east and west ofCatenancei Court and bounded on the north by -lots 3 through 11. '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.
LANDSCAPE. ASSESSMENT DISTRICT ENGINEER'S REPORT
• EXHIBIT A
WASHINGTON CREED VILLAGE SUBDIVISION
LANDSCAPING/LIG'HTING MAINTENANCE DISTRICT
FISCAL YEAR 2005-06
-CITI' OF'.PETALUMA
•
•
PLANS AND SPECIFICATIONS, THOUGH BOUND SEPARATELY, ARE
FILED AS A PART OF THIS RECORD
e
LANDSCAPE ASSESSMENT DISTRICT
ENGINEER'S REPORT
EXHIBIT B
WASHIN'GTON CREED VILLAGE SUBDIVSION
LANDSCAPING/LIGHTING MAINTENANCE DISTRICT
CITY OYPETAL;UMA
FISCAL. YEAR 2065-2006
ESTIMATED ASSESSMENT DISTRICT ANNUAL COSTS
Estimate Of Costs f6r 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%)
City Administration (15%)
Total Estimated Costs' for Maintenance and Incidental Costs
Reserve for Delinquent, Cash Flow, unusual.repairs
TOTAL BASE ANNUAL COSTS
Number of Parcels to be Assessed
Total Costs Per Parcel to be Assessed
$5,913
$1,700
$500
$500
$500
$1,000
$10,113
:$25
$'1,517
$11,655
$1,1'66
37
•
LANDSCAPE ASSESSMENT DISTRICT ENGINEER'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
0
LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT
EXHIBIT D •
WASHINGTONCREEK VILLAGE SUBDIVISION
LAND8CAPING/LIGHTING MAINTENANCE DISTRICT
CITY OF PETALUMA
FISCAL YEAR 2005-06
BASIS OF ALLOCATION ASSESSMENTS AND ANNUAL INDEXING FACTOR
All benefits of the improvements are special benefits to land with the district. General benefits to
the public generally are nominal or non-existent.
Allocation :of Assessments
The total maintenance costs per year were estimated, and incidental administrative expenses
added'to yield a total annual cost. This cost was then prorated equally to the ,37 lots, so that each
lot will share equally in the annual landscape maintenance expenses.
Annual Indexing Factor
In any year thetassessment shall not be deemed to have been increased if the amount of the
increase is not more than the percentageTof the increase -in. the U.S. Department of Labor, Bureau
of Labor Statistics, Consumer. Prices.Tndexes, 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.
0
LANDSCAPE ASSESSMENT DISTRICT ENGINEER'S REPORT
•
EXHIBIT E
WASHINGTON CREED VILLAGE SUBDIVISION
LANDSCAPING/LIGHTING MAINTENANCE DISTRICT
CITY 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
Ott
27
Lot 28
Lot 29
Lot 30
Lot 31
Lot 32
Lot 33
Lot 34
Lot 35
Lot 36
Lot 37
r
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
Xianhong,Bai & 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
149-180=024
Cobblestone Homes Inc., 1400 N. Dutton Ave., Suite 1, Santa.Rosa, CA 95401
149-180-025
Cobblestone Homes Inc., 1400 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 & 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-Balf, 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., 1400 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 Homes Inc., 14,00 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
149-180-050
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
J 03 09:12a
707 5421645
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DATE C:ARL.E.N Z 0 L I
FEB 2003 - A H
DRAWN BY WASHINGTON CREEK VILLAGE
AEG LANDSCAPE do LIGHTING 'A S S® C I .A T E S
ASSESSMENT DISTRICT AREAS �"�` �"9"`�� - Lands"'"eV°'S - Ra""e's
JOB NO. MS 795MM t ciasw$, BANTA ROBA. CA 99401
1 B83 (7071 542.6465 TAX 1707) 542.1643
CWYRIGNT 0 20C2 C.4RLLNZCL:
A -RESOLUTION PROPOSING FORMATION OF
THE WASHINGTON CREED VILLAGE SUBDIVISION LANDSCAPE AND
• LIGHTING ASSESSMENT` DISTRICT'
AND INITI'ATING PROCEE'DINGS,FOR FORMATION OF T14E DISTRICT,
INCLUDING A DESCRIPTION OF THE. IMPROVEMENTS AND THE
DISTRICT, DESIGNATION OF' THE CITY ENGINEER AS ENGINEER OF
RECORD FOR THE DISTRICT, AND ORDERING THE ENGINEER TO
PREPARE AND'FILE A:REPORT
PURSUANT TO THE LANDSCAPE AND LIGHTING .ACT OF 1972
WHEREAS, the`Landsc- e and Lighting'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,ofaresolution 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,accord'ance with California Government
Code Section 537.531, anda.noticed public hearirigton#he.asses9ment, 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 of.land'scaping, ornamental structures, public lighting
facilities, appurtenant structuresorfacilities, park or.recreational improvements,
acquisition of land or existing improvements for park„ recreational or open space
purposes, and acquisition or construction of community centers; auditoriums, halls or
similar. public .facilities, ;for :indoor presentation of.performances and events, including
public'and private events3; and
WHEREAS, the 1972 Act' provides that local agency, legislative bodies may
designate the engineer of record for purposes of the 1'972 ,Act4; and
WHEREAS, the. 1972 Act provides for initiation of proceedings for formation of
assessment. districts by adoption of a resolution proposing formation of a district,
describing'the improvements, describing the district, specifying a distinctive designation
' Cal. St. &'Higfi. Code §§22500 - 2.2501
2 Cal. St. & High. Code §,§23585 - 22587„ 22594
s Cal. St. & .High. Code .§22525
4 Cal. St. & -High. Code §22523
• Assessment District Formation
1972 Act
Resolution Initiating Proceedings
April 13, 2004 Version
for the district and ordering the engineer of record to prepare; and file a report in
accordance with the requirements of the 1972 Act5;
NOW, THEREFORE, the City Council ofthe City of Petaluma,does resolve as
follows.
1. The above recitals are true and.zorrect and hereby declared to be findings
of the City Council of the City of Petaluma..
2. The City Council,proposesto formun assessment district. pursuant, to the
Landscaping and Lighting Act of 4972 (California Streets and Highways Code Section
22500.and following).
3. The improvements to be funded are described as follows: .
The maintenance of all'the public landscaping, improvements as part of
"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,areas are .defined
as those areas that are irrigated: from watermeters separate froinxesidential.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, lirie �of lot.15
across -thee creek'to Linnet .Lane on the west. This urea is bounded on the north
side- of the creek by lots 16 through 20 and 22,through 27` and the.isouth side .of the
creek by lots 1, 2, 15, and Caienacci. Court. ,Public landscape Area 2 includes the
north side of East Washington St. from back of curb to the,soundwall.both east
and west. ofCatenancci Court and'bounded on. the, north 'by lots 5 through U.
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. CraigSpaulding, City Engineer, of the City of Petaluma, ("Engineer") is
hereby designated engineer of record- for the purpose of the, proposed formation,pursuant
to the 1972 Act.
5 Cal. St. & High. Code §22585
Assessment. District Formation
1972. Act
Resolution, Initiating Proceedings
April 13, 2004 Version
0
0
AA
6. The City Council hereby directs the Engineer to prepare and file with the
City Clerk and to submit to the .City Council for approval, areport concerning. the
proposed Washington 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 CREED 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 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 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 events3; and
WHEREAS, -reports under the 1972 Act must: be prepared for each fiscal year
for which assessments are to be levied and collected to pay the.cost of assessments
described in the report, refer to the assessment district by its designation, specify the
fiscal year to which the report applies, and contain improvement plans and specifications,
an estimate of the improvement costs, a diagram of the district, an assessment of the
' Cal. St. & High.:Code §§22500; 22501
2 Cal. St. & High. Code. §§23585 - 22587, 22594
3 Cal. St. & High. Code §22525
Assessment District Formation
• Act
Resolution Preliminarily Approving Engineer''ss Report
April 13, 2004 Version
estimated costs.of the improvements, and estimate of the principal amount of
improvement bonds or notes to be issued and 0
WHEREAS, plans and specifications in reports under the 1972 Act must show or
describe the general nature, location and extent of existing and proposed improvements,
indicate the class and type of improvements to be provided for each zone, if the
assessment district is divided into zones, and may be separate documents or incorporated
with the diagram of the districts; and
WHEREAS, the estimate of improvement costs must include all costs of
constructing, installing, maintaining and servicing the improvements, (including
incidental expenses.such as the cost of report preparation, printing, advertising, notice,
publication costs, compensation payable to the county for assessment collection,
compensation of any engineer, or attorney employed to render services in proceedings
under the 1972 Act; costs associated with elections for approval of new or increased
assessments, any other expenses incidental to the construction, installation, maintenance
or servicing_ .of the improvements or improvement bonds or notes, and,a reserve that may
not exceed the estimated cost of maintenance servicing to December 10 of the fiscal year,
or whenever the agency expects to receive special assessment proceeds from the county,
whichever'is.later), the amount of any surplus or deficit in the improvement funds to be
carried over from.a previous, fiscal year, the amount of any contributions fromsources
other than,assessments levied under,the 19.72 Act, the amount ofthe.annual installment
for the fiscal year if the agency legislative body has ordered the assessment for the
estimated ° improvement.costs to levied and collected in annual installments, and the net
amount to be assessed upon assessable lands within the assessment district, as the total
improvement costs less any amounts of surpluses or deficits, contributions to be made
-from other sources, orannual installments6; 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 eachlot 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 -parcels in proportion to the estimated benefits to be
received by each lot or parcel from.the improvements, and the determination of whether
or not a lot or parcel will benefit from the improvements must be made in accordance
with. the Improvement Act of 1911 (California Streets and Highways Code Section 5000
and following)9; and
WHEREAS, the assessment district diagram and assessment may classify areas
within an assessment district into different zones where the various zones will receive
differing degrees of benefit from the improvements, with each zone consisting of territory
that will receive substantially the same degree of benefit from the 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 theproposed 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 of'the City of Petaluma.
2. The plans and specifications for the improvements ("Improvements") that
exist within or are to be constructed within the District, which are included as part of the
Report, describe the general nature; location and extent of existing and proposed
improvements; indicate the class and type of.improvements to be provided for each zone,
if the assessment district is divided into zones, and such plans and specifications are
hereby preliminarily approved.
8 Cal. St.,& High. Code §22571
9 Cal. St. & High: Code §22573
10 Cal. St. & High. Code. §22574
Assessment District Formation
• 1972 Act
Resolution Preliminarily Approving Engineer's Report
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 lands with' the District,
describes each assessable lot or parcel within the district, assesses the net amount on all
assessable lots or parcels within the District by apportioning that amount amongthe 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 FORMATION OF THE ASSESSMENT DISTTRICT
AND THE LEVY OF THE PROPOSED) ASSESSMENT
PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972
WHEREAS, the. Landscape and Lighting Act of 1972 ("1972 Act"), codified in
California Streets and Highways 'Code Section 22500 et seq.,: establishes procedures
whereby local agencies whose annual taxes are carried on the county assessment roll and
are collected by the county may fund the construction and maintenance of improvements
by formation of assessment. districts'; and
WHEREAS, the general procedures for formation of an assessment district under
the 1972 Act include: adoption of a resolution initiating,proceedings, proposing
formation of a district. and ordering' an engineer's report; approval of the engineer's
report; adoption of a resolution of intention to form an assessment district, levy and
collect assessments, and, if desired, issue bonds or notes; and following canvassing of
balloting that has been noticed and conducted in accordance with California Government
Code Section 53753, and a noticed public hearing on the assessment, adoption of a
resolution ordering the improvements and formation of the district and confirming the
diagram and assessment2; and
WHEREAS, improvements that -may be funded under the 1972 Act include:
installation or constructionof landscaping, ornamental structures, public lighting
facilities, appurtenant structures or,facilities, park or recreational improvements,
acquisition of land or existing- improvements for park, recreational or open space
purposes, and acquisition or construction of community centers, auditoriums, halls or
similar public facilities, for,indoor presentation of performances'and events, including
public and private events 3; and
WHEREAS, the 1972 Act provides that after approval of the engineer's report,
the legislative bodymust 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
proposedassessment district by its distinctive designation and indicating the general
location of the district; referring to the engineer's report, on file with the clerk, for a full
and detailed description of the improvements, the boundaries of the assessment district
• ' Cal. St. & High. Code §§2250'0 - 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 ;53 753 (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 ballotingmaterials and instructions.as specified in Section 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. 0
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, of the 1 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 1912 Act requires one published notice at least 10 days before
the public hearing on the Assessment;
NOW,'THER-EFORE, the City Council of 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 ofthe cost of the Improvements and
may act concerning the Assessment.
6. The City Clerk is hereby directed to publish notice of the hearing
concerning the District one ,time in a newspaper of general circulation in the City and to
conspicuously post a copy of the notice on the official bulletin board customarily used by
the Council for posting notices at least 10 days before the hearing date.
• 7. The Parks and 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