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HomeMy WebLinkAboutResolution 2003-245 N.C.S. 12/15/2003resolution No.2003-245N.C.S. of the City of Petaluma, California IMPOSING A PROPERTY RELATED FEE TO FUND PARKING MAINTENANCE AND SECURITY AT THE KELLER STREET GARAGE AND SETTING A MAILED BALLOT ELECTION TO BE HELD ON FEBRUARY 2, 2004 FOR VOTER APPROVAL OF THE FEE RECITALS AND FINDINGS A. In 1984, the City constructed the Keller Street Garage to provide parking for employees and patrons of nearby commercial businesses. Both employees and patrons of businesses in the downtown Central Business District project area use the parking made available by the construction of the garage. B. The Keller Street Garage requires annual maintenance and security services. The City has determined that the continued provision of well-maintained and secure parking is a service to the owners of the surrounding parcels of land in that parking services enable property owners to attract and retain viable and fiinetioning commercial businesses. C. The Council has determined that it is appropriate for the owners of property that use the parking services to pay the costs of maintaining secure parking. D. The Fee is structured in a manner to ensure that those who use the services provided by the Fee's revenues more pay more than those that use the services less. Therefore, those properties that are closer in proximity to the garage pay more than those that are further from the garage. Similarly, those parcels that are larger pay more than smaller parcels because theywill use the services more. E. Staff has estimated the annual cost of maintenance and operation of the Keller Street Garage facility in 2003 dollars to be .$226,004. F. One hundred seventeen (1.1.7) properties would be subject to the proposed fee because of their proximity to the garage and because they are developed with uses that are likely to use the parking provided by the. garage. The boundary of the fee area was identified because the included properties are within walking distance of the garage, and therefore patrons, owners, and tenants of those properties are likely to use the services. G. The annual costs of maintenance and security set forth above are allocated among the 117 property owners based on their proximity to the garage, as shown on the diagram attached to this resohition as Exhibit A, and based on the size of the lot, both of which equate to usage of the facility. For example, a 10,000 square foot lot in Zone 1 (the zone closest to the garage) would pay a fee of $3,081 per year, while an identically sized lot in Zone 3 (the zone furthest from the garage) would pay a fee of $1,540 per year. The total annual cost of maintenance and security ($226,004) is allocated to the three zones on an equal basis. Resolution No. 2003-245 N.C.S. Resolution 2003-245 N.C.S. Page 1 H. Costs of maintenance and security will increase annually. The Council has determined that the fee should be increased annually using 2003 dollars ($226,004) inflated by 2%, which the Council finds to be a reasonable estimate of future annual increases in operating costs. I. Since the Fee is designed to recover the costs of providing parking maintenance and security services from. the users of those services, the City Council has determined that properties that (a) provide off-street parking which meets specified City standards or (b) are unoccupied should be exempted, in whole or in part, from the Fee. J. The City Council has determined that the Fee should sunset after a period of 10 years. K. The Fee would not be effective unless it is receives voter approval in accordance with Article XIII D, Section 6(c) of the California Constitution. L. The enactment of the Fee is not a project under the California Environmental Quality Act because it is a charge for the purpose of meeting operating expenses under subdivision (b)(8)(D) of Public Resources Code section 2]800. M. This resohition is adopted pursuant to Article XIII D, Section 6 of the California Constitution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:. Section 1. Property-Related Fee Imposed. An annual property-related fee for maintenance of and security for the Keller Street Parking Garage ("Fee") in the amounts set forth in Section 2 is hereby imposed on every developed and occupied parcel within the area shown on the diagram attached hereto as Exhibit A ("the Fee Area"). Section 2. Amount of Fee. The Fee on each developed and occupied parcel of real property in the Fee Area shall depend on the size of the parcel and whether the property is located within Zone 1, Zone 2, or Zone 3 as shown on the diagram attached hereto as Exhibit A. No later than July 1 S of each year, the City Manager shall determine the amount of Fee to be levied upon the parcels in the Fee area for the then-current fiscal year as set forth below. Zone Amount of Fee One $0.30809 per square foot of parcel area Two $0.231.06 per square foot of parcel area Three $0.15404 per square foot of parcel area The foregoing schedule shall apply for the 2003/2004 fiscal year commencing July 1, 2003 and ending June 30, 2004. For each fiscal year thereafter commencing with the 2004/2005 fiscal year, the amount of the Fee shall be increased by two percent (2%) over the prior year's Fee. Resolution 2003-245 N.C.S. Page 2 If an undeveloped parcel becomes developed during a fiscal year, the Fee for that fiscal year shall be one-twelfth the Fee applicable to the property, multiplied by the number of months, or part thereof, that it is developed. The Fee on each parcel pursuant to this section shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below. Section 3. Use of Fee Proceeds. All proceeds of the Fee. levied and imposed hereunder shall be accounted for and paid into a special fund designated for the provision of maintenance of and security for the Keller Street Garage. Section 4. Collection. The Fee levied and imposed by this ordinance shall be due on July 1 of each year, but it may be paid in two installments due no later than December 10 and April 10. The Fee shall be delinquent if not received on or before the delinquency date set forth in the notice mailed to the owner's address as shown on the most cun-ent assessment roll of the Sonoma County Assessor and shall be collected from the owner in such a manner and at such times as the City may provide. The Fee due may, at the option of the City, be collected from the owner by Sonoma County in conjunction with, at the same time, in the same manner, and subject to the same penalties as the County's collection of property taxes. Section 5. Exemptions. A. The Fee imposed by Section 1 shall not apply to any property that, for any reason, is legally exempt from the Fee. B. The owner of real property that is unimproved on July 15, of any year is exempt from collection and payment of the Fee. C. The owner of real property that is used exclusively for owner-occupied residential use on July 15 of any year is exempt from collection and payment of the Fee. Section 6. Refunds - Improved Parcels. A. Pr-operty Unoccupied or Ilacclr7t. The owner of an improved parcel that was unoccupied or vacant for more than six months of any fiscal year shall be eligible for a refund of the amount paid equal to one-twelfth the otherwise applicable Fee multiplied by the number of months, or part thereof, that the property is vacant or unoccupied. To receive a refund, the owner shall be required to submit an application in a form satisfactory to the City Manager no later than August 1 for the preceding year for which a refund is sought. B. Property Served O»-Site by Parkifzg Meeting City Standards. The owner of an improved parcel that includes on-site parking facilities that meet the standards set forth in this section shall be eligible for a refund of a portion of the amount paid. To receive a refund, the owner shall be required to submit an application in a form satisfactory to the City Manager no later than. August 1 for the preceding year for which a refund is sought. Once the entitlement to a refund is established to the satisfaction of the City Manager, that portion of the Fee shall not be imposed on the parcel in subsequent years unless the City determines that on-site parking facilities meeting standards set forth in this section are no longer met. Resolution 2003-245 N.C.S. Page 3 The refund shall be provided based on the square footage of each parking space provided on-site as follows: The off-street parking space must be paved and striped. Ninety-degree parking spaces receive a credit of 284 square feet. Sixty-degree parking spaces receive a credit of 296 square feet. Forty-five degree parking spaces receive a credit of 324 square feet. For example, if a 5,000 square foot parcel in Zone 1 is subject to and pays a Fee of $1,540.55 (5000 x $0.30809), and the parcel includes four on-site ninety-degree parking spaces, the parcel would be entitled to a refund equal to 1,136 square feet (4 x 284), or $349.99 (1,136 x $0.30809). C. Owner-Occupied Residential Property. The owner of an improved parcel that is used in part for owner-occupied residential uses shall be eligible for a refund of a portion of the amount paid. To receive a refund, the owner shall be required to submit an application in a form satisfactory to the City Manager no later than August 1 for the preceding year for which a refund is sought. Once the entitlement to a refund is established to the satisfaction of the City Manager, that portion of the Fee shall not be imposed on the parcel in subsequent years unless the City determines that portion of the property is no longer used for an owner-occupied residential use. The refund shall be provided based on the proportion that the owner-occupied residential use bears to the other uses on the property, as determined by the City Manager. For example, if a 5,000 square foot parcel in Zone 1 is subject to .and pays a Fee of $1,540.55 (5,000 x $0.30809), and the parcel contains a single 2,500-square-foot structure, 1250 square feet of which is devoted to owner-occupied residential use, the parcel would be entitled to a refund equal to 50% of the amount paid, since 50% of the structure is used for an owner-occupied residential use. In circumstances where a significant portion of the non-residential uses are not contained in structures, the City Manager shall determine the proportion that the owner-occupied residential use bears to the other uses on the property using such reasonable means as the City Manager determines appropriate for the circumstances. Section 7. Refunds -Claim Required. Any person claiming a refund of the Fee for any reason not provided in this Resolution shall first file a written claim with the City Clerk on a form specified by the Clerk. Such claim must be filed no later than 100 days after payment of the Fee. All claims must be filed by the person who paid the Fee or his or her guardian, conservator, or the executor of his or her estate. No claim may be filed on behalf of other feepayers or a class of feepayers. Filing of a claim shall be a condition precedent to legal action against the City for a refund of the Fee, provided no legal actions maybe filed within 90 days of filing the claim or rejection of the claim, whichever occurs first. Section 8. Untimely or Unpaid Fees. A one-time penalty often percent (10%) of the Fee due is hereby imposed on all feepayers who fail to pay the Fee provided by this Resolution when due. The penalty shall become a part of the Fee debt herein required to be paid. In addition, if the Fee remains unpaid as of July 1 of the following year, an additional penalty of one and one-half percent per month shall accrue on all amounts unpaid. If collected by Sonoma County, the provisions of the Revenue & Taxation. Code related to the collection of property taxes shall be applicable. The amount of any Fee or penalty imposed hereunder shall be deemed a debt to the City. Any property owner owing money under the provisions of this ordinance shall be personally liable for such amount in any action brought in the name of the City for the recovery of the Resolution 2003-245 N.C.S. Page 4 amount owed. The City will be entitled to recover from the person against whom such an action is brought its costs incurred in connection with such action, including its reasonable attorneys' fees. Section 9. Administrative Interpretation. The City Council may, by resolution, adopt guidelines for administrative matters related to the interpretation and enforcement of this resolution, including procedures for an adminstrative hearing to protest the levy of the Fee or the amount of the Fee prior to presentation of a claim. Section 10. Election Required for Fee to Become Effective. The Fee proposed by this Resolution shall not become effective until approved by a majority vote of those owners of the property within the Fee Area voting at the election to be held pursuant to Section 11. Section 11. Call of Mailed-Ballot Election. The City Council hereby calls a mailed ballot election in the Fee Area to be conducted on February 2, 2004 ("the Election Date"). The following question shall be submitted to the property owners in the Fee Area: Shall aproperty-related fee, to "sunset" in ten years, be approved to fund maintenance and security for the Keller Street Garage facility in the annual amount of $0.30809 in Zone One, $0.23106 in Zone Two, or $0.15404 per square foot of parcel area in Zone Three depending on proximity to the Garage, along with a 2% annual inflationary adjustment as shown on Attachment 1? [NOTE: Attachment 1 shall include a map and a list of all 11.7 parcels and the amount of the Fee for the 2003-04 fiscal year for each parcel.) Section 12. Procedures for Mailed-Ballot Election. A. The City Clerk shall cause ballots to be mailed to each property owner within the Fee Area at the address shown on the most current assessment roll maintained by the County of Sonoma at least 29 days prior to the Election Date. The mailing shall include apostage-paid return envelope. B. All ballots must be returned to the City Clerk by mail or in person at City Hall, sealed in the envelope provided, not later than the close of business on the Election Date. C. To be accepted, a ballot must be signed under penalty of perjury by the property owner. No ballots with photocopied signatures shall be accepted. For properties with more than one owner of record, only one ballot will be accepted per parcel and to be valid the person signing the ballot must attest under penalty of perjury that he/she represents a majority of the ownership interest in the property. D. The City Clerk may issue a duplicate ballot to any property owner whose original ballot was lost or destroyed. Such ballots shall be clearly marked as duplicate ballots and shall be accompanied by sufficient information for the City Clerk to verify the location and ownership of the property in question and the identity of the individual casting the ballot in order to verify its authenticity. E. A property owner that has submitted a ballot may withdraw the ballot and submit a new or revised ballot up until the close of business on the Election Date. Resolution 2003-245 N.C.S. Page 5 F. The City Clerk shall not begin tabulating the ballots until following the close of business on the Election Date. The City Clerk shall accept all returned ballots. as valid ballots, except those that do not contain an original signature or are misigned; those that lack an identifiable yes or no vote; and those that are tampered with or otherwise invalid based on its appearance or method of delivery or other circumstances. The tabulation proceeding shall be open to the public, and the ballots, during and after, but not before, the tabulation proceeding, shall be available for inspection by the public. The City Clerk shall immediately certify the results of the election to the City Council. Section 13. Effective Date. If the Fee is approved by the voters at the election. called in Section 11, the Fee shall become effective immediately upon the Council certifying the results of the election and shall terminate 10 years thereafter. Notwithstanding anything to the contrary herein, if approved by the voters, the Fee for fiscal year 2003/2004 shall be immediately due and shall not be prorated to the effective date. Section 14. Savings Clause. If any section, subsection, sentence, clause or phrase or word of this Resolution is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this Resolution and each and all provisions thereof notwithstanding the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting ~_.....form on the .........15.`.h........... day of .......D~~enalaex .............................. 20.Q3., by the ~ following vote: .............. <:................ City Attorney AYES: Mayor Glass, Healy, Vice Mayor O'Brien, Torliatt NOES: Canevaro, Harris ABSENT: None ABSTAIN: oynih ATTEST: ... .. .. .. ......... ............................. .. ........ ............ .. ~~ ... City Clerk yor ~ Council File ................................... Res. 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