HomeMy WebLinkAboutCC Resolution 15233 (Point San Pedro Road Median Landscaping Assessment District)1
RESOLUTION NO. 15233
SAN RAFAEL CITY COUNCIL RESOLUTION OF INTENTION TO ORDER
IMPROVEMENTS AND SETTING A PUBLIC HEARING ON THE ANNUAL
ASSESSMENT FOR THE CITY COUNCIL MEETING OF JULY 17th, 2023
POINT SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
___________________________________________________________
WHEREAS, on June 20, 2011, the City Council of the City of San Rafael
(the "City Council") adopted its resolution forming the Point San Pedro Road
Median Landscaping Assessment District (the "District") and the levy and collection
of assessments therein for the special benefits received by properties therein from
the improvements related thereto.
WHEREAS, the improvements within the existing District are generally
described as including, but not limited to, median islands along Point San Pedro
Road, which are appurtenant thereto within and benefit properties within the
District. .
WHEREAS, pursuant to Government Code section 53753.5, a public agency
that has complied with the notice, protest, and hearing requirements or is exempt
from the procedures and approval process of section 53753 in establishing an
assessment, need not follow those requirements in subsequent fiscal years where
the assessment methodology is not changed to increase the assessment or the
amount of the assessment proposed does not exceed an assessment formula or
range of assessments adopted in accordance with Proposition 218 or section
53753.
2
WHEREAS, in accordance with this Council’s resolution directing the filing
of an Engineer’s Annual Report, Al Cornwell, Engineer of Work, has filed with the
City Clerk the report required by Section 4 of Article XIII D of the California
Constitution (“Proposition 218”) and Article 4 of the “Landscaping and Lighting Act
of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State
of California (the “Act,” and together with Proposition 218, collectively, the
“Assessment Law”). All interested persons are referred to that Report for a full and
detailed description of the improvements, the boundaries of the District and the
proposed assessments upon assessable lots and parcels of land within the District.
WHEREAS, the Engineer’s Annual Report does not provide any increase in
the assessment methodology or any formula or range of assessments which will
increase the assessments, rather the assessment is proposed to increase based
on the previously adopted methodology, and as such, under Government Code
section 53753.5, the City need not further comply with the notice, protest and
hearing requirements of section 53753.
NOW, THEREFORE, the City Council of the City of San Rafael, California
DOES HEREBY RESOLVE as follows:
1. The foregoing recitals are true and correct.
2. This action is exempt from the California Environmental Quality Act (CEQA)
under Guidelines Section 15378 (b) (4), because government fiscal activities which do
not involve any commitment to any specific project which may result in a potentially
significant physical impact on the environment are not considered a project.
3
3. The public interest and convenience require and it is the intention of the
City Council to levy and collect assessments within the District during the fiscal year
2023-24. The proposed assessment increases the assessment by $6.18 from the
previous fiscal year, from $108.12 to $114.30 per EBU (Equivalent Benefit Unit),
which is the maximum allowable assessment amount for the fiscal year 2023-24.
4. The District shall provide for the installation, construction or maintenance of any
authorized improvements under the Act, including, but not limited to, medians which are
appurtenant thereto, as well as the debt service associated with the 2014 capital
improvements of the medians. Reference is made to the Engineer's Report on file in the
office of the City Clerk for a more detailed description of the work to be done, the
boundaries of the assessment district, the amount of the proposed assessments and the
method of assessment.
5. On Monday, the 17th of July, 2023 at the hour of 7:00 o’clock P.M., the City
Council will conduct a public hearing on the question of the levy of the proposed annual
assessment. Any and all persons shall be afforded the opportunity to hear and be heard
and the City Council shall consider all oral statements and written protests made or filed
by any interested person regarding the work proposed to be done or carried out, or why
said assessments should not be levied in accordance with this resolution of intention.
Written protests must be filed with the City Clerk prior to the conclusion of the public
hearing. The hearing will be held live at the San Rafael City Council Chambers and
virtually through Zoom at the webinar location listed on the agenda online at
https://www.cityofsanrafael.org/departments/public-meetings/, as well as streamed to
YouTube at www.youtube.com/cityofsanrafael.
4
6. The City Clerk is authorized and directed to give the notice of hearing by
publishing a copy of this resolution once in the Marin Independent Journal, publication to
be completed not less than ten (10) days before July 20, 2023.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on the 20th day of June 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk