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HomeMy WebLinkAboutStaff Report 4.B 06/04/2012 • AOen Iteww#4:3. c p'r'U. 4 , 9 7859, DATE: June 4, 2012 TO: Honorable Mayor and Members of the City Council through'Cify Manager FROM: Dan St. John, E.ASCE,,Director Public Works & Utilitiec. ' Ron DeNicola—Public'Works Parks Manager SUBJECT: Public Meetingto.Hear Testimony.Regarding the Annual Assessments for the Landscape Assessment Districts'and_Adopt Resolution Describing Improvements and Directing Preparation of Engineer'sReport for Fiscal Year 2012-2013 Annual Assessment for Landscape Assessment Districts; Resolution of Preliminary Approval of Engineer's Report for Landscape Assessment Districts, Fiscal Year 2012-2013; and R'esolution,Setting a Public-Hearing to Order the Levy and Collection of Assessments P.ursuant;to the Landscaping,and Lighting Act of 1972 for Landscape Assessment Districts, Fiscal Year 2012-2013 RECOMMENDATION: It is recommended that the City Councihadopt the three,attached resolutions: 1. Describing Improvements and Directing Preparation of Engineer's,Report for Fiscal Year 2012-2013 Annual Assessment for Landscape Assessment Districts 2. Preliminary Approval of Engineer's.Report for Landscape.Assessment°Districts, Fiscal Year 2012-2013 3. Setting a Public I-fearing to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Landscape Assessment Districts, Fiscal Year 2012-2013. Please note, portions of the approval'legislation will be segmented-iirto 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,islantds, medians, pathways, riparian mitigations, sound wa11s_and fences. The costs are spread among all of the private Agenda Revie • City Attorney� Finance[Director City Manager parcels within the district. Each year, by statute, 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,(June4, 2012) to hear testimony, and a Public Hearing (July 2, 2012).to levy assessments. The proposed action meets Council Goal: "Improve and enhance fiscal stability and sustainability". DISCUSSION: The Landscaping and Lighting Act of 1972 requires that an engineer's report be completed. The attached preliminary engineer's report covers all City LADS and describes the annual assessment within the previously approved dollar range for each LAD. This year, the City is also conducting a mailed ballot election to increase the amount of the assessment for one LAD, Sonoma-Glen, because the Sonoma Glen LAD has a large cumulative deficit, requiring either increased revenue or drastically'curtailed services. The City Council authorized the mailed ballot election for this increase•on May 7, 2012. The increase would be $75.00 for single family homes and $49 for townhomes, each with a 2% annual escalator in future years, compared to $50.60 and $31.21 for FY 2011-2012, respectively, without an increase. Pursuant to California Constitution, Article XIIID (Proposition 218), on May 171h, 2012, Sonoma Glen property owners were mailed written notice of the July 2 hearing with a separate engineer's report describing the increased assessment,.a ballot and instructions for voting. The Sonoma Glen election.Will be held at the close of the public hearing on July 2"d when the ballots will be counted. if votes;representing more than 50%of the total dollar assessment for Sonoma Glen are in favor of the increase, it will be adopted at the new rate. If a Sonoma Glen majority votes no on the increase, the amount in the attached engineer's report for the annual assessments will be adopted and continue without the.increase. The only other significant change is to the Riverview LAD, which has substantial fund reserves. Its assessmentswould be lowered.from $235.24 to $75.00. The remaining LADs either remain unchanged, or have the 2% annual escalator applied, depending on costs of service and reserve fund balances. Notification of the public hearing on annual assessments for all LADs will be provided by publishing the hearing date.and.tinie in the local newspaper ten days prior to the hearing. Mailed notice is only required for Sonoma Glen, because other assessments are not being increased . beyond previously approved amounts. The public meeting of June 4 is to hear comments from any property owner who owns property in any landscape assessment.district. The public hearing of July 2 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 2012-2013 property tax bill sent to the property owners in the fall. Payments of the assessments are due December 10, 2012 and April 10, 2013. • 2 Through concerted waterconservation efforts, reduced maintenance costs, and competitive bidding over the course of the last several years,the Parks Maintenance staff has turned LADs with negative fund balances+in a positive direction. Staff expects this trend to continue. In cases, where there are sufficient reserve funds, staff will review potential landscape improvements during this next fiscal year. 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$442,371. The amount budgeted for FY 2012-2013 expenditures is $382,983. ATTACHMENTS 1. Resolution Describing Improvements and Directing Preparation of Engineer's Report for the Fiscal Year 2012-2013 Annual Assessment for Landscape Assessment Districts. 2. Resolution of Preliminary Approval of Engineer's Report for Landscape Assessment Districts for FY 2012-2013. 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 2012-2013. 4. Subdivision Landscape Assessment Districts FY 12-13 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 may be viewed online or in the City Clerk's office. 6. Engineer's Report, including Exhibit A, FY 12-13 Assessment Summary/ • 3 • Attachment I RESOLUTION DESCRIBINGIMPROVEMENTS.AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR2012-2013 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 file 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 2012-2013 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 office of the City Clerk, to which reference is hereby made for further particulars. Said maps for each district indicate by a boundary line the extent of,the'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 file:With the City Clerk a report on the districts specifying the fiscal year to Which the report applies, and, with respect to that year, 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 costs of maintenance of any existing improvements, together with the incidental expenses in connection therewith; 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 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 the several parcels of land in said district in proportion to the 4 • • • Attachment 1 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 Utilities/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. • • • • 5 Attachment 2 • RESOLUTION OF.PRELIMINARY APPROVAL OF ENGINEER'S REPORT FOR LANDSCAPE ASSESSMENT DISTRICTS FISCAL YEAR 2012-2013 WHEREAS, the city Council of Petaluma adopted its Resolution Describing Improvenients•and Directing Preparation of Engineer's Report for Fiscal Year 2012-2013 Annual Assessments for Landscape Assessment Districts, pursuant to the Landscaping and Lighting Act of 1'972; Streets.and Highways Code sections 22500 e! 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 mere 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; DE IT RESOLVED that: 1. The plans and specifications forthe: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 Engineers estimateof 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. 3. 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 anddimenisions of each;Iot or parcel of land within Said districts as such lot or parcel of land is shown on,the.Cdunty'Assessor's maps for the fiscal year to which the report applies, each of which lotor 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 • • 6 Attachment 2 5. the estimated benefits to be,receivedby such parcels, respectively, from said improvements, including the maintenance or'servicing,.or both thereof, and of the expenses incidental . thereto, as contained in the Engineer's,Report,and is hereby preliminarily approved. 6. 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 Councitof Petalurna.adopted a Resolution Describing Improvements and Directing 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 el 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: 1. The public interest and convenience require, and it is the intention of the City Council to order the levy and collection of assessments for fiscal year 2011-2012, pursuant to the provisions of the.Landscaping_and'Lighting Act of 1972, Streets and Highways Code sections 22500 el'seq., for the construction or installation of the improvements, if any, including maintenance, more particularly described for each district in Sections III 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 madechargeable upon the specified assessment district, the exterior boundaries of which district are the composite and consolidated area'as more particularly described on_a map thereof on tile in the office of the City Clerk,.to which reference is hereby made for further 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 preliminarily approved by this Council and on file with the City Clerk is hereby referred.to fora,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 parcels 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 time and place for a hearing by this Council 8 • • • Attachment 3 • 5.. on the question of thc levy and collection of;therpropo•sed assessments for each district for the Construction.or installatit n<ofaaid i'inprovetncrits if any, includingahe maintenance, at which tithe the City Council will: (i) consider all oral or written protests made or tiled 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. • 6. 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 thereof 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. 7. The Director of Public Works•and/or the Director of Finance of said City are hereby designated as the persons'tO answer inquiries regardinganyprotest proceedings to be had herein, and may be contacted during regular office hours at the Petaluma City Hall, P.O. 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