Loading...
HomeMy WebLinkAboutCC Resolution 13375 (Pt. San Pedro Median Landscaping)RESOLUTION NO. 13375 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2012-2013 IN THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, AND SETTING A PUBLIC HEARING THEREON FOR JULY 16, 2012 AT 7:00 PM. RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as follows: WHEREAS, the Council has, by previous Resolutions, formed the San Rafael Pt. San Pedro Road Median Landscaping Assessment District (hereinafter referred to as the "Assessment District"), and initiated proceedings for Fiscal Year 2012-2013, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereinafter referred to as the "Act") that provides for the levy and collection of assessments by the County of Marin for the City of San Rafael to pay the improvements, maintenance and services of the median landscaping amenities and facilities related thereto; and WHEREAS, the Council has retained Willdan Financial Services, of Temecula, California, (hereinafter "Assessment Engineer"), for the purpose of assisting with the establishment of the annual assessments and to prepare and file an Engineer's Annual Report (hereinafter referred to as the "Engineer's Report") with the City Clerk in connection with said improvements and assessments in accordance with Chapter 1 Article 4 of the Act; and the provisions of the California Constitution, Article XIIID. WHEREAS, the Engineer's Report for Fiscal Year 2012-2013 has been prepared and filed with the City Clerk and has been presented to the Council for review and approval pursuant to Chapter 3, Section 22623 of the Act, NOW, THEREFORE IT IS HEREBY RESOLVED that: Section 1. The Council hereby declares that it is its intention to seek the annual levy of the Assessment District pursuant to the Act, over and including the land within the District boundary, and to levy and collect special benefit assessments on all such land to pay the costs of the construction, installation of the median landscape improvements and the ongoing operation, maintenance, and servicing of said landscape improvements, and all appurtenant facilities and financing related thereto. Section 2. The Engineer's Report as presented has been reviewed by the Council, and based on this review the Council hereby makes the following determinations: a. The District impro-vements described in the report are substantially the same as those improvements previously approved and adopted by the Council. b. The costs and expenses of providing the improvements have been budgeted for the District and the proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of those costs and expenses. c. The proposed assessments for Fiscal Year 2012-2013 do not exceed the reasonable cost of the proportional special benefit conferred on each parcel within the Assessment District. d. Only the special benefits have been assessed and a contribution has been made from available City finds in the amount that equals or exceeds the cost of the improvements determined to be of general benefit. e. The assessments do not exceed the maximum annual assessments previously approved by property owners within the Assessment District and authorized to be levied. Section 3. The Engineer's Report for Fiscal Year 2012-2013 as presented is hereby approved for content and it is the intention of the Council to levy and collect the proposed assessments so described for Fiscal Year 2012-2013. Section 4. The improvements and the maintenance activities and services proposed to be financed by the Assessment District annual assessments generally include, but are not limited to, the construction, installation, enhancement, renovation and rehabilitation of the landscaping and related facilities of the Point San Pedro Road/and Third Street median islands as well as the ongoing operation and maintenance of those landscape improvements as outlined in the attached Exhibit A. The Engineer's Report, as ordered by previous Resolution, provides a more detailed description of the improvements and the assessments connected therewith for the Assessment District. Section 5. The boundaries of the Assessment District includes approximately 3006 parcels totaling approximately 2,166 acres, within the jurisdiction of the City as well as unincorporated areas within the jurisdiction of the County of Marin, along and near Third Street and Pt. San Pedro Road, extending from the intersection of Third Street and Union Street to Biscayne Drive, as outlined in more detail in the Engineer's Report and the Assessment District Boundary Map on file with the City. Section 6. The proposed assessment for each parcel within the Assessment District shall be calculated in accordance with the method of apportionment established for the District and shall not exceed the assessment rates and annual inflationary adjustment approved by the property owners in accordance with the California Constitution, Article XIIID. The method of apportionment and the proposed assessment rates for Fiscal Year 2012-2013 are documented in the Engineer's Report. Section 7. The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Chapter 3, Section 22625 of the Act and California Constitution, Article XIIID, Section 4(e). The City Clerk shall give notice of the time and place of the Public Hearing by posting a copy of this Resolution on the official bulletin board customarily used by the Council for the posting of notices and by publishing this Resolution in a local newspaper pursuant to applicable Government Code as outlined in the Act. At the Public Hearing, all interested persons shall be permitted to present written and/or oral testimony. Section 8. Notice is hereby gi,,en that a Public Hearing on these matters will be held by the Council on Monday. July 16th. 2012 at 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers. City Hall, located at 1400 Fifth Avenue, San Rafael, California. Section 9. This resolution shall take effect upon its adoption. -2- I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a scheduled meeting of the City Council of the City of San Rafael on Monday, the 2nd day of July, 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller ESTHER C. BEIRNE, City Clerk EXHIBIT "A" CITY OF SAN RAFAEL Pt. San Pedro Road Median Landscaping Assessment District DESCRIPTION OF IMPROVEMENTS AND MAINTENANCE The proposed improvements for the District may include, but are not limited to the construction, installation, enhancement, renovation and rehabilitation of the landscaping and related facilities of the Point San Pedro Road/Third Street median islands as well as the ongoing operation, maintenance, of those landscape improvements. There are currently twenty-nine (29) existing median islands within the boundaries of the District that are proposed to be improved and maintained. These median islands are located on Point San Pedro Road and Third Street between Union Street and Biscayne Drive and comprise approximately 156,260 square feet of surface area. The proposed landscape improvements may include, but are not limited to various vegetation and plantings including turf, ground cover, plants, shrubs and trees; as well as related facilities and amenities including irrigation and drainage systems; and hardscape features such as pavers, decorative stone, stamped concrete, masonry or concrete walls, and monuments. The following is a general description of the location of the existing medians on Third Street and Point San Pedro Road proposed to be improved and maintained: Third Street Medians: • Union Street to San Rafael High School parking lot • San Rafael High School parking lot to middle of parking lot • Middle of San Rafael High School parking lot to Embarcadero Way Point San Pedro Road Medians: • Embarcadero Way to Mooring Road • Mooring Road to Marina Boulevard • Marina Boulevard to Aqua Vista Drive • Aqua Vista Drive to Royal Court • Royal Court to Porto Bello Drive • Porto Bello Drive to Summit Avenue • Summit Avenue to Margarita Drive •':Margarita Drive to Bay Way • Bay Wa} to Bellevue Avenue • Bellevue Avenue to Manderly Road • Manderly Road to San Pedro Elementary School • San Pedro Elementary School to San Pedro Cove Exhibit A • San Pedro Cove to Lochinvar Drive • Lochinvar Drive to Loch Lomond Shopping Center -Loch Lomond Shopping Center to Bayview Drive • Bayview Drive to Beach Road • Beach Road to Marine Drive • Marine Drive to Main Drive • Main Drive to Knight Drive • Knight Drive to Fire Station 5 • Fire Station 5 to Peacock Drive • Peacock Drive to Riviera Drive • Riviera Drive to McNear Brickyard • Cantera Way (McNear's Beach) to Marin Bay Park • Marin Bay Park to San Marino Drive • San Marino Drive to Biscayne Drive The proposed construction and installation of improvements within these twenty-nine (29) medians include but are not limited to: • the removal of existing median material; • grading of surface area and import of soil and plant material; • the planting and installation of plant material, including turf, ground cover, trees, shrubs and plants; • the installation of irrigation and drainage systems, including all meters, fixtures, pipe, conduits and electrical supply; • the installation of hardscape including rocks, paving stones, masonry work, ornamental structures, signage and other appurtenant facilities; • repair or replacement of damaged curbs and gutters • Repair and repaving of street asphalt around the median islands as needed. The above improvements include all designs. labor. material. supplies and equipment necessary or useful for the construction and installation of the improvement or other improvements and facilities permanently or temporarily constructed by the District to accomplish the improvements. Exhibit A