The URL can be used to link to this page

Home My WebLink AboutStaff Report 5.A 06/20/2011DATE: June 20, 2011 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Ron DeNicola, Public Works Parks Manager SUBJECT: Public Hearing to Receive Public Comment, Amend the Engineer's Report If Necessary, and Adopt a Resolution Ordering the Improvements and Confirming the Diagrams and Annual Assessments for Landscape Assessment Districts Fiscal Year 2011 -2012 RECOMMENDATION It is recommended that the City Council receive public comment, amend the Engineer's Report if necessary, and adopt the attached resolution ordering the improvements and confirming the diagrams and annual assessments for Landscape Assessment Districts Fiscal Year 2011 -2012. BACKGROUND The City has established landscape assessment districts (LADs) for many subdivisions that feature 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 islands medians, pathways, riparian mitigations, sound walls and fences. The costs are spread among all of the private parcels within the district. The City Council establishes the annual landscape assessments for the 45 landscape assessment districts in the City. The Landscaping and Lighting Act of 1972 requires that an engineer's report be completed. State Law (California Constitution, Article XIIID, Prop. 218) requires the 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 rangeof assessments.- initially adopted. Since no FY 11 -12 assessments are being increased beyond the original or voted on level, there is no required balloting. As well, notification is required by publishing the meeting dates and times in the local newspaper ten days prior to the meeting, which has been completed. On June 6, 2011, the City Council held a public meeting to hear property owners' questions and concerns regarding the setting of Landscape Assessment District (LAD) annual assessments. This public hearing, on June 20, 2011, is to hear additional comments. At the conclusion of the Agenda Review: City Attorney Finance Director City Manager hearing, the City Council must adopt a resolution setting the annual assessments in order to collect assessments for FY 11 -12. DISCUSSION Notices for the public meeting held June 6, 2011, and this June 20, 2011 public hearing were posted and published according to requirements. The public hearing is to adopt the annual assessments. The only recommended change is to the Twin Creeks LAD, increasing from $125 to $225, which is required to fund additional landscape maintenance and water costs as a result of a new landscape installation. The resolution and assessments will be submitted to the Sonoma County Auditor - Controller, to be added to the 2011 -2012 property tax bill sent to the property owner in the fall. Payments of the assessments are due with the property tax bills on December 10, 2011, and April 10, 2012. Please note, portions of the approval legislation will be segmented into separate resolutions for specific LADs 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 that council members own or have interest in. FINANCIAL IMPACTS: The Landscape Assessment Districts Fund, 2510, has an estimated beginning balance of $401,602. The amount budgeted for FY 11 -12 expenditures is $263,603. ATTACHMENTS 1. Resolution 2. Conflict of Interest Map 2 ATTACHMENT I RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAMS AND ANNUAL ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICTS FISCAL YEAR 2011 -2012 WHEREAS, on June 6, 2011, the City Council adopted Resolutions No. 2011 -88A, 2011 -8813, 2011 -088C, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2011 -2012 for the Landscape Assessment Districts, listed in Exhibit A of the Engineers Report on file, pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, on June 6, 2011, the City Council adopted Resolutions 2011 -089A, 2011 - 89B and 2011 -89C, Preliminary Approval of Engineer's Report for Landscape Assessment Districts, Fiscal Year 2011 -2012; and WHEREAS, the report was duly made and filed with the City Clerk of the City of Petaluma, whereupon said Clerk presented it to the Council for consideration; and WHEREAS, said Council thereupon duly considered the report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolutions, including plans and specifications of the existing improvements listed in Exhibit B of the Engineers Report on file, and (1) the proposed new improvements; (2) estimate of costs; (3) diagrams of the districts; and (4) assessments according to benefits, all of which were done in the form and manner required by said Act; and WHEREAS, said Council found that the report and each and every part thereof was sufficient in every particular, and determined that it should stand as the report , for all subsequent proceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed Monday, June 20, 2011, at the hour of 7:00 PM in the Council Chambers, City Hall, 11 English Street, Petaluma, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance, thereof, for Fiscal Year 2011 -2012, and directed City staff to give notice of said hearing as required by said Act; and WHEREAS, notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the affidavits and certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to said improvements, including the maintenance, thereof, or to the extent of the assessment districts, or any zones therein, or to the proposed assessments or diagrams or to the Engineer's estimates of costs thereof, had the opportunity to file written protests with the City Clerk of the City of Petaluma at or before the conclusion of said hearing, and all persons interested, desiring to be heard, were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, if any, including the maintenance, thereof, were fully heard and considered by said Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. That the protests against said improvements, including the maintenance, thereof, or to the extent of the assessment districts or any zones therein, or to the proposed assessments or diagrams, or to the Engineer's estimates of costs thereof, for Fiscal Year 2011 -2012, have been received and considered. 2. That the public interest, convenience and necessity require, and said Council does hereby order, the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance, thereof, more particularly described in said Engineer's Report, and made a part hereof by reference thereto. 3. That the Landscape Maintenance Assessment Districts and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance, thereof, are situated in the City of Petaluma, California, and are more particularly described by reference to maps thereof on file in the office of the City Clerk of said City. Said maps indicate by a boundary line the extent of the territory included in each district and of any zone thereof and the general location of each district. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment districts or within any zone thereof contained in said report be, and they are hereby finally adopted and approved. 5. That the Engineer's estimates of the itemized and total costs and expenses of said improvements, if any, maintenance and servicing thereof and of the incidental expenses in connection therewith, contained in the report as amended, be, and they are hereby finally adopted and approved. 6. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in, and in accordance with, said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 7. That the diagram showing the exterior boundaries of the assessment districts referred to and described in said Resolutions, and also the boundaries of any zones therein, and the lines and dimensions of each lot of parcel of land within each district, as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in each report, be, and they are hereby finally approved and confirmed. 8. That the assessments of the total amount of the costs and expenses of the said improvements, if any, upon the several lots or parcels of land in each District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance, thereof, and of the expenses incidental thereto, contained in said report be, and the same are hereby finally approved and confirmed. 1655459.1 4 r f - .. _ III 1 .� 1 .A r ITI • • Z • • vt r � I - ♦ f � •a al+ i. __ I I li j 1 f �. J••, t. , 1 ♦ joij ♦ ��'p I JI, �`� \' /i„ !!! �' , ,.• L ;I zaq \� .. ► {�L� /! ! /,�i�Jlj / � r n : �'� 3 � � � e ens _ s / t +1 � ; ' , �+�' t i , i �,� � � I _ I � rd aG +.. '. C a ♦!! / / /!.. 3 � i 3 sNO' r ♦,, ` ��\ l :.r I i.. n n. ,, au m l till �� a .� +` / h k ' : " aa Y >;= Hl; l i,,�! � ; 0 11i e �,ii e� R � • 7! x _ .. p ia ♦ ♦ 1U a t 1 A k :AA,y Ift i up ax i'� • f o / _ .. uu"•,emu.ce n e= -. � . IlHllgpl i>•r� �t} t:�• � `51 r �, = iii iii �\ �+ ` 1 IIILi�Uu�:.,aitl• r ,• �� II \,iv npa. Mild j= ttysnl� �a �� ''va er qtr - �1i41�11hIt1U1 a,� 7 � ANN' n61111. E ._ X17 � C �II to 1d1..'j � M ` f 1 J F Es i11l�rnllf�llt X11{ + . l ' y , t� y u �'IS al �Oli 1 c _ 1 +� 1. • � ,! � � �. _ L• ' 1N' ffi Ci;. ��ii, .OI " ' -u,� i i �♦ .. b r � ♦ { v t r..� �♦ N. Alli {Uut WN� PA ... + alb nVrt'!vrl�rruw �va�te� z {,'lx �!� �i° P 3 4 a +a •� •'� = z o -roe eT O �. °�? „ R �1[i c r t �, � t r = � ! s� HY IS MAW, - J ♦ y • �� p'b"�' r - ."', f /t�� n.'C xn., uprrw a ..:,. 1)'r 'F I �.. ��,�"�'�I� .r�♦ ♦ti.a / 1t4 ' r �iE �. {� i i. u m !n uuun n::T . Inns � unw l♦ fit, ♦ ♦ � ♦ ! a � r �9 ! t S = �!!!!� Q *� �H!!n a ... .=7.■ Inc . °�._ .!!n'.'.r }L, A ; � i ,��t/�j..� ♦\. �� 1 ♦ .. `O ♦I I�� ,� //` ♦ a + ,ut I j'� .1� 1�RI . :z�r. =_�� _, � "��' �^ �. �7�e F"�''� y�.,�.�-. � -�� r� ?�.!i \ • I`� ♦�� ..: �.�;_ 3�.�51 � ��., ss �s i'L =�ifiel�5l'3: :SE•��.��'>cll ��'�: �7FiN P$�T- :�.. -�� i�� , yO:L i � 1 �•\ .,��``• �s,' �• \ ( ir:.:� • 3 � as w n_�� Gi °'!= w.. '. ♦ .� I` . � /.�;. •.�. ♦� ^ I ,g : ae INgIAlCpn�. ��j 'p �O.•i•! i�4yy�,, °!i'r. � � � �!!!' !!IR!!Yi •tl:��,��x► ��t enl '.� � ♦ y �� ".•''. `�'_ ti * .r� ��. \/� 11!!4!:'1 .. ■c Iti ♦ � s �, ,.. � nmm � {�• u•:n:� um r r • • Ir r � NO L