HomeMy WebLinkAboutStaff Report 5.D 06/06/2011" 9 II'n,
I85$
DATE: June 6, 2011
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Ron DeNicola, Public Works Parks Manager OF
SUBJECT: Public Meeting to Hear Testimony Regarding the Annual Assessments for the
Landscape Assessment Districts and Adopt Resolution Describing Improvements
and Directing Preparation of Engineer's Report for Fiscal Year 2011 -2012 Annual
Assessment for Landscape Assessment Districts; Resolution of Preliminary
Approval of" Engineer's Report for Landscape Assessment Districts, Fiscal Year
2011 -2012; and Resolution Setting a Public Hearing to Order the Levy and
Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972
for Landscape Assessment Districts, Fiscal Year 2011 -2012
RECOMMENDATION
It is recommended that the City Council adopt the three attached resolutions:
1. Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year
2011 -2012 Annual Assessment for Landscape Assessment Districts
2. Preliminary Approval of Engineer's Report for Landscape Assessment Districts, Fiscal Year
2011 -2012
3. Setting a Public Hearing to Order the Levy and Collection of Assessments Pursuant to the
Landscaping and Lighting Act of 1972 for Landscape Assessment Districts, Fiscal Year
2011 -2012.
Please note, portions of the approval legislation will be segmented into separate resolutions for
specific LADS pursuant to Title 2, Cal. Code of Regulations, section 18709, to deal with the
likelihood that certain Council .members may recuse themselves from making decisions on LAD
assessments for properties within 500' of real property in which Council members have
ownership or other interests.
BACKGROUND
The City Council has established landscape assessment districts (LADS) for many of its
subdivisions that feature public landscaped areas. The requirements for such are identified in the
tentative map conditions prior to development of the subdivision. These districts are formed to
maintain various amenities on public land, such as landscaped islands, medians, pathways,
Agenda Review:
City Attorney w ` Finance Director
City Manag -
riparian mitigations, sound walls and fences. The costs are spread among all of the private
parcels within the district.
Each year, the City Council must initiate a process to set the annual assessments for the
Landscape Assessment Districts. As is done each year, the process includes a Public Meeting
(June 6, 201 1) to hear testimony, and a Public Hearing (June 20, 2011) to levy assessments.
DISCUSSION
The Landscaping and Lighting Act of 1972 requires that an engineer's report be completed. The
California Constitution, Article XIIID (Proposition 218) requires that property owners in the
districts be given 45 days mailed notice of a hearing, and be provided a ballot and balloting
instructions if the proposed assessment will increase the amount, formula, or range of
assessments initially adopted. For FY 11 -12, one LAD's assessment will increase from last
year's level but will remain below the maximum amount previously approved by district voters
and does not require a new election. Letters have been sent to the parcel owners notifying them
of the increase.
Notification of the public hearing on all annual assessments will be provided by publishing the
hearing date and time in the local newspaper ten days prior to the hearing. The public meeting of
June 6 is to hear comments from any property owner who owns property in a landscape
assessment district. The public hearing of June 20 is to adopt the annual assessments after
consideration of any written or oral protests made at or before the hearing. The adopted
resolutions and assessments will be submitted to the Sonoma County Auditor- Controller, and
will then be added to the 2011 -2012 property tax bill sent to the property owners in the fall.
Payments of the assessments are due December 10, 2011 and April 10, 2012.
Residents of the Twin Creeks LAD requested a major landscape improvement in their open
space area on Holly Lane. This work has been completed. In order to fund the increased
maintenance and water costs, staff is recommending the LAD annual assessment be raised from
$125 to $225. This increase was discussed and acknowledged as necessary by the residents'
landscape improvement group. The increased amount remains within the originally approved
assessment.
Through concerted water conservation efforts, targeted reduced maintenance costs and
competitive bidding, over the course of the last several years the Parks Maintenance staff has
been able to turn LADs with negative balances in a positive direction and expects this trend to
continue. In other cases, there are large reserves. Staff will be reviewing opportunities for
landscape improvements during this next fiscal year and designing plans for those LADs holding
sufficient reserve funds. The LAD maintenance contracts expire June 30,. 2011. New contracts
were bid and awarded by the Council on March 21, 2011. The new contracts begin July 1, 2011
and expire June 30, 2015.
An increased assessment and proposed election ballot for Sonoma Glen LAD will be presented
later this year to increase its annual assessment because Sonoma Glen is running a large deficit.
Sonoma Glen is the largest and one of the oldest LADs comprising 445 parcels. It is spread over
1)
a large area including the turf greenbelt bordering Corona Creek northeast of Sonoma Mt.
Parkway, having single family homes with landscaped islands, and southwest of Sonoma Mt.
Parkway between Keisling Rd. and Maria Dr. with town homes and landscaped islands, and
single family homes which include irrigated lawn curb strips. The largest expense is high water
costs, particularly in the greenbelt and lawn strips. In order to prevent the deficit from increasing
further landscape maintenance has been cut to a bare minimum and water use strictly monitored.
When proposed, this assessment increase will proceed under the same State law procedures for
notice and voting as used to set the original assessment.
FINANCIAL IMPACTS
Delay in approving the recommended resolutions may prevent assessment collections by
Sonoma County (deadline for submission of assessments is August 10th).
The Landscape Assessment Districts Fund, 2510, has an estimated beginning balance of
$401,602. The amount budgeted for FY2011 -2012 expenditures is $263,603.
ATTACHMENTS
1. Resolution Describing Improvements and Directing Preparation of Engineer's Report for the
Fiscal Year 2011 -2012 Annual Assessment for Landscape Assessment Districts.
2. Resolution of Preliminary Approval of Engineer's Report for Landscape Assessment Districts
for FY 2011 -2012.
3. Resolution Setting a Public Hearing to Order the Levy and Collection of Assessments
Pursuant to the Landscaping and Lighting Act of 1971 for Landscape Assessment Districts,
Fiscal Year 2011 -2012.
4. Subdivision Landscape Assessment Districts FY 11 -12 Assessment Summary (Exhibit A of
Engineer's Report)
5. Map: Conflict of Interest Boundaries with LAD Boundaries
The item listed below is large in volume and is not attached to this report, but ►nay be viewed online or in
the City Clerk's office.
6. Engineer's Report, including Exhibit A, FY 11 -12 Assessment Summary
3
ATTACHMENT I
RESOLUTION DESCRIBING IMPROVEMENTS" AND DIRECTING PREPARATION
OF ENGINEER'S REPORT FOR FISCAL YEAR 2011 -2012
ANNUAL ASSESSMENT, -FOR
LANDSCAPE ASSESSMENT DISTRICTS
WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972,
Streets and Highways Code sections 22500 et seq. , the City Council has established Landscape
Assessment Districts and authorized levy and collection of assessments, listed in Exhibit A of the
Engineer's Report, on tide with the City Clerk;
NOW, THEREFORE, BE IT RESOLVED that:
The public interest, convenience and necessity require, and it is the intention of said Council to
undertake proceedings for the levy and collection of assessments upon the several parcels of land
in said districts, for Fiscal Year 2011 -2012 maintenance.
1. The improvements to be constructed or installed, including the maintenance thereof, are more
particularly described for each district in Sections III and IV of the Engineer's Report.
2. The maintenance costs or expenses of said improvements are to be made chargeable upon
said districts; the exterior boundaries of each district are the composite of each consolidated
area, as more particularly shown on a map thereof on file in the.o ffice of the City Clerk, to
which reference is hereby made for further particulars. Said maps for each district indicate
by a boundary line the'exten't of tlie territory included in said 'district and of any zone thereof
and shall govern for all details as to the extent of each assessment district. The boundary
lines are also generally depicted in Sections V and VI of the Engineer's Report.
3. The City Engineer of the City of Petaluma shall be the Engineer of Work, and is hereby
directed to prepare and tide with the City Clerk a report on the districts specifying the fiscal
year to which the report applies, and, with respect to thatyear, presenting the following:
a) Description' of the existing improvements and proposed new improvements, if any, to be
made within the assessment district or within any zone thereof,
b) An estimate of the costs of said proposed new improvements, if any, to be made, the
cost's of raintenance' of any existing improvements, together with the incidental expenses
in connection' there
w "
c) A diagram showing the exterior boundaries of the assessment district and the lines and
dimensions of each lot or parcel of land within the district as such lot or parcel of land is
shown on the County Assessor's map for the fiscal year to which the report applies, each
of which, lots °of �parcels of land shall be identified by a distinctive number on said
diagram; and
M
d) A proposed assessment of the total amount.of the estimated costs and expenses of the
proposed new improvements if any, including'the, maintenance of any existing
improvements upon theseveral parcels of land in said district in proportion to the
estimated benefits to be received by such parcels of land from said improvements,
including the maintenance, and of the expenses incidental thereto.
4. The Director of Public Works and /or the Director of Finance `of Petaluma are hereby
designated as the persons to answer inquiries regarding any protest proceedings to be had
herein, and may be contacted during regular office hours at the Petaluma City Hall, P.O. Box
61, 11 English Street, Petaluma, CA 94952, or by calling 707 - 778 -4303.
ATTACHMENT 2
RESOLUTION OF,PRELIMINARY.APPROVAL OF
ENGINEER'S REPORT FOR.
LANDSCAPE ASSESSMENT DISTRICTS
FISCAL YEAR 201.1 -2012
WHEREAS, the City Council of Petaluma adopted its Resolution Describing
Improvements and Direciing Preparation of Engineer's Report for Fiscal Year 2011 -2012 Annual
Assessments for Landscape Assessment Districts, pursuant to the Landscaping and Lighting Act
of 1972, Streets and Highways Code sections 22500 et seq.;
WHEREAS, said Resolution referred the proposed improvements to the Engineer of
Work, and directed said the Engineer of Work to prepare and file with City Clerk a written
report on the LAD, all as therein more particularly described ( "Engineer's Report "); and
WHEREAS, the Engineer of Work has prepared and filed the Engineer's Report with the
City Clerk, and the Engineer's Report has been presented to the City Council for consideration;
and
WHEREAS, the Landscape Assessment Districts (LAD) are listed in Exhibit A of the
Engineer's Report; and
WHEREAS, the City Council has duly considered the Engineer's Report and each and
every part thereof, and finds that said the Engineer's Report is sufficient and does not require
modification.
NOW, THEREFORE, BE IT RESOLVED that:
1. The plans and specifications for the existing improvements within the assessment districts
listed in Exhibit A of the Engineer's Report, or within any zone thereof, contained in said
report are hereby preliminarily approved.
2. The Engineer's estimate of the itemized and total costs and expenses of said improvements, if
any, maintenance, and the incidental expenses in connection therewith, contained in said
report are hereby preliminarily approved.
The diagram contained in the Engineer's Report showing the exterior boundaries of the
assessment districts referred to and described, the boundaries of any zones therein, the lines
and dimensions of each lot or parcel of land within said districts as such lot or parcel of land
is shown on the County Assessor's maps for the fiscal year to which the report applies, each
of which lot or parcel of land has been given .a separate number upon said diagram, is hereby
preliminarily approved.
4. Each proposed assessment of the total amount of the estimated costs and expenses of the
proposed improvements upon the several parcels of land in each district is in proportion to
the estimated benefits to be received by such parcels respectively, ,from said improvements,
including the maintenance or servicing, or boththet&bf, and of the expenses incidental
thereto, as contained in the Engineer's Report and is hereby preliminarily approved.
5. Said report will stand' as'the Engineer's Report for all of the individual districts as listed in
Exhibit A of the Engineer's, Report, for the purpose of all subsequent proceedings to be had
pursuant to said Resolution.
7
ATTACHMENT 3
RESOLUTION SETTING A PUBLIC HEARING TO ORDER THE LEVY AND
COLLECTION OF ASSESSMENTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR
LANDSCAPE ASSESSMENT DISTRICTS
FISCAL YEAR 2011 -2012
WHEREAS, on June 6,2011 the City Council of Petaluma adopted a Resolution
Describing Improvements'and Directing Preparafion of Engineer's Report for Fiscal Year 2011-
2012 Annual Assessments for Landscape Assessment Districts, pursuant to the Landscaping and
Lighting Act of 1972, Streets and Highways Code sections 22500.et seq.; and
WHEREAS, pursuant to said Resolution, the designated Engineer of Work has prepared
and filed with the City Clerk the written Engineer's. Report for the districts listed in Exhibit A of
the Engineer's Report, called -for under said Act and by said Resolution; and
WHEREAS, the Engineer' „s Report has been submitted to and preliminarily approved by
the City Council in accordance with said Act:
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND
ORDERED:
The .public interest and convenience require, and it is the intention of the City Council to
order the levy and collection ofassessments for fiscal year 2011- 2012, pursuant to the
provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code
sections 22500 et seq., for the construction or installation of the improvements,. if any,
including maintenance,. more particularly described for each district in Sections [II and IV of
the Engineer's Report.
2. The cost and expenses of said improvements, if any, for each assessment district, including
maintenance, are to be made chargeable upon the specified assessment district, the exterior
boundaries of which district are the composite and consolidated area as more particularly
described'bn a nia 'thereof on file in the office of the Cif Clerk, to, which reference is
p Y
hereby made' for fu"r`ther particulars. Said map .indicates by a boundary line the extent of the
territory included in each of the districts and of any zone thereof and the general location of
said districts.
3. The Engineer 's -Report, preliminarilyapproved by this Council and on file with the City Clerk
is hereby referre&to for a full and detailed description of the improvements, the boundaries
of the assessment district and any zones therein, and the.proposed assessments upon
assessable lots and parce Is” of land within the districts.
4. Notice is hereby given that Monday, June. 20, 2011, at the hour of 7:00 PM, in the regular
meeting place of said Council, Council Chambers, City Hall, 11 English Street, Petaluma,
California, is hereby appointed and fixed as the place for a hearing by this Council
on the question of the levy and collection of the proposed assessments for each district for the
construction or installation of said, improvements, if any, including the maintenance, at which
time the City Council will:
(1) consider all oral or written protests made or,filed by any interested person at or before
the conclusion of the public hearing relating to or opposing said improvements, the
boundaries of each assessment district and any zone therein, the proposed diagram or the
proposed assessments, the Engineer's estimate of the cost thereof, and
(ii) consider and finally act upon the Engineer's Report for the districts.
5. The City Clerk is hereby directed` to give notice of said hearing, by causing a copy of this
resolution to be published once in a.newspaper of general circulation circulated in said City,
and by conspicuously posting a copy upon the official bulletin board customarily
used by the Council .for. the posting of notices, said posting and publication to be had and
completed at least ten (10) days prior to the date of hearing specified herein.
6. The Director of Public Works and /or the Director of Finance of said City are hereby
designated as the persons to answer inquiries regarding any protest proceedings to be had
herein, and may be contacted during regular office hours at the Petaluma City Hall, P.O. Box
61, 11 English Street, Petaluma, CA 94952, or by calling'707- 778- 43`03.
1434633.1
I
, Ir., ....
ATTACHMEP!T A
(Exhibit A to Engineer's Report)
Y
� A
E
vNi y
a m
H
N
9
J a
N
E r
7 �
>
a
0
V
U
.._.
gyp
¢
g
rvIOIN
1 1
Q 1 01x000
I i
w w;w
Slg
OI0
o..
w'w
e aaor!i.
o oo
0 NIO
I
.._ I
PIO
w w w
'
O;O I(I
�
-
OId�J I'?
om m
w w
e o
� N
N
coQm
w w
�o
oo
0 0
w w
.o
0 0
O
- o
w w
ea�.<��g
0!N
I
01000
w
0 1V
a ID
o
wj
e
iN
OO
a.-.
:o o
o io
�
w
0 oia
0 010
ci;O
OO
o 0
w w
'0
jN
II
I
wiw
01,0
I
°1
0
wlw
0 0
0
w
0 0
I
0
o�i o
w w
O OIO
I
1
w w w
O OO
I
O
NI°i
w wIw
O Oi0
�
,•, 1
v wiw
0 010
I
rl
w wIw
0 0
'
,�•
w w
'
00 O,
0
O,O
O In I0O�1NOQQ
O M O
O 0'i'✓,
O
rn
OOaOQO
O O a
0 a
-+
�O CI
000
O
O w
c �
O
O:O O
OOIOO
O O O
O
0001 ^v,Q
NI
T! �t;
O1
N
O i0
r ,
Q 00
O N O
O. b
n,
�O I4
8 O�
! 0100
��
Q,;. O
b ry
W -
T
I
w
wjw
w In
w �w
si
v s'v vi
vi - iw
w w
w w
wiw
v v
'
wIw v w
w wiw
.n wiw
w wIw
w w
Iw
w w�
-
o:
0
_.
1 0o v
r � "glom
i 16
a 1c'1 -:.-.
w;w,w
wIw
w w w
w wIw
w w
w w w
w w w
w w
w
w w
w w
wIw
w w w w
wl
w w;w
w wIw
w w w
w wIw
w w.w
Q1f%IQ
dJ
MO'a
Ol0
Q,
00Q
N n,NO�
�D
�NI
Qb
•n
1
i10
SDI
^I^7
I' , L
CIO
COI
O SDI �D
V
��
w,w,wwwww,ww�
I
1
I
Iw
w�ww_w}
_'_
^ I
�ww!wwwww;www,wwww_ww�www
_
a Qlr�
I Q
b1
m'rn
CIS O.
b O
Iw O
�O
'R
... O
V a
YJ !1100
b 'ri
Q
;
0100
KI"�D
-010
Niw
00 . 1
C O VJ
O 0
ZZ,
T 'Il 18
iq
� Q Q
w �o
m rnl�p
a
p� �0��1
�•II
�
I
w�w�w
w :»
w wIw
wlw,�w
w w
m w w
w wIw
w vs
w
wiw
w wlwlw
wlw w m
vi wIw
:n wiw
w wiw
w w w
w wI
w w:w
u
V e o
o
rv;bin
of ° o
o,�
° o `n
r .� m
ojv
O C IA
v
. 0
_
1
O
ry e
Q
oo j�
w -Q
a
v^Gi
Q1r1
IQ;a
a
NI
--��00
1' O
, QED
�
-+
�
- ' . i
`'
w w {w
w w
w wIw
w w w
w
w w w
w w w
w v
w
wIw
w w
w w
w'w w v1
w w
w
°
a
"
m
h
�D V
I
�O � � rn e
N
I
I
en
Mme=
f. p
_
i0
Q
I
w
I
w e1?
I
w ,
IY
I�,w
Inv
w w w
w vfjw
w w
w
w
In wl
iif
www w
wl
,w
� w w
of w w
w w;
w .w
- - --
— w
_
,�
P4 I
f I
¢
p �
0Iz
pI
r) I
¢I
w I
t¢
cn
4 w
a mI
a a O.
q
>¢
r
¢ , 6
¢
w w
t Iww
Z 2
a
I
>,
El
� 2
¢
W
w W
zwla
o
Su ` 3 Z
x
]¢¢
¢
q o¢
w Wily,
X101°
,1^ 0131
U
w x
w wl
w wiw
w
ZryIC7
x
t7
zla
¢�W
01I z ¢
al'
3
c7 ?I�
o
r, s
O.
F 3 ¢
s5
W
v of
w
zap
w
0
ww
No
FFw
¢
�..
Cll�i
0 I�
O
( O t
0
0 12 y
a_IQ tx Z
wl�
p <
o z
d
�j FI
UI¢
3
wI.L
V VU
'r�F
> ¢
¢
l0
0 0
0 0
00'0
0
0
0
0 0 0
0 0
0 00
f � �
y w
w
d
a m
o rnrn
a
rn rnl
a
as
a
Il o
� N
�,�
w rn
oIo
g
¢L¢I¢
0 0
t ¢
o oio
q qq
¢ ¢¢
coko
q q
¢ ¢�¢
o
q Q
¢ ¢
o oio
q qqq
¢ ¢¢
0
¢
o
p
¢.I¢
r
¢ ¢
¢
g
ei¢
o 0
-! < 19
0.�0
q
lv
l0
q'ggqqq.Aqq'OqqqqqQ��'qo
tIQ
s
0
¢ ¢
0 oIo
¢ ¢I¢
a
0
¢ ¢I¢
aaaaa
to
¢ QI¢
o00
0 o
Q 9
0
I
Q.
.-1
-
,-1
v
mw
1648652.1
10
7
� % I
t
•20 c
`1 IL'
GILLtL a Jt t 1 r Ir �1a
Yy
�
Isl TT f
-
L EGEND -A L PHA B ET ICA L.
_ 27
AMGRICAI.�A
�' 6"' CASA DEI ORO
8 ANNA S MEADOWS
�2
SYCAMORE HEIGHTS
IS
"CA[SEI2 FARM,i
3
VILLACI MI AI )OWS
19
UADI R HIGHLANDS
4
VILLAGE CAST'
I
CASA UEI )RU
SPRING MEADOW S
°y ;2
.NA.CRIiBK
COR II
.dam fi
SHELTER IIILLS VU,
,II,
11
CORONA RANCH �"
7
MHAI)OW PARK
It
COUN 1'KY CLUB IS'I AT X'
9
�\
ANNAS MEADOWS
•5
CROSS RFff K' FR 1
1
PARK PLACE
ALTS
13
FAIRWAY \MFADQWS
12
GLENBROOK
12
GLENBRODK �,
4
13
FAIRWAY N?&DUWS
64
G'RAY870NF :LKI
14
COUNT RY CLUB ESA'
471 EIJJ, VII W OAKS
S
15
SONQMA l L[ N�
I7LIDIIH COURC
8' KINC SFIBED'
I6
17
MOUNT AIN. VALLEY
KINCStylll,l.
17
KINC SMII:I.
I8
CADER I ARMS
19
29
I.ANDSDOWN
I:IBCRIYIFARMS
` 19
2(1
CA 1 DFR ARMS HIGIII
CORONA RANCII
34
MAGNOLIA TERRACE
27 CRANE CI I Nk,
41
Mi,NFAR LANDING
4 2
WES'I I 'RI IX KNOLL S
7
MEADOWLARK
21
TAT UM
16
MUUN TAIN VALLEY
74
RIDHH COURT
1 I
PARK PLACE \
2�S - QIJOIACSI A'I ES.
V,
RIVIRVIPW
F
CRAYSI ONE CRI:BK'
SEQUOIA CS7ATES
° 27
AMERICANA''
l
6
1
,, 'L "F fill LS .
tgMA (I LN
28
29
KIM( SF)FI D
LIRE ' l Y FARMS \
4
SO1,1T'HCA7F
31
WIS INIA
5
SPRING MEADOWS }
3 't-
CORONA I, REEK II�
M
8
SAINT JAMES ` 11
STONLRIDGC . >- "
W00DSIDI VII I AGF.�
MAGNOLIA IA I I RRACE
W
SI'RATFORD VILLAG E
A
CROSS CRI I K 1& II
SYCAMORE I7F :IGHIS
36
WEST VIFWISIAI'FS
3
[ATOM
7
WILLOW G LEN
41
1'URNBRIDGG
14
SIOM :RI)GI
40
4
'TWIN CREEKS
VILLAGE CAST
39 1- ANUSDUWN
461
3
VILLAGE MFADOW S
�`
WIN C12ILKS
Mi,NH
41
WAK
���41
4
AR LANDING
2
WLTSRIIx l RIDGF KNOLL KNOLL S'
1
I
WASIIrNG,
WASTING ON CRIiEK
16
WLSI Vl1 W EsrATLS
.a„
w 44
STRATFORDVII lA61,
37
WILOWGIBN� - -
45
SOtlHCA11
31
WISTFKIA
46
KIVERVIEW
33
WOODSIDE VILLAGE
47
11 LLVIFWI AKS
OVERALL MAP
p�
V .
1-4 ,
t~ �
43 1 —t T P lit I!
r Am
:
-� Y }.. a a
1 Ii � 3
a rt �nl t��l
%
1
1 T3� L r -t
� �`��
r
.J
I
I I - --
y
1
1
/ ✓ 1 2
ZONE A
ZONE B
ZONE C
ZONE D - CLEANUPS
r C== ZONE E - FRONTAGES
° •f 2 _ \ �\ NO CONTRACT
,
t ,