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HomeMy WebLinkAbout2011-05-02_cityofsanrafael_502a319987c2a40e0e641b39253c113cCITY OF1M000:5,� Agenda Item No: 11 Meeting Date: 5/2/2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works - - d_u w Prepared by: ---City Manager Approvals Director of Public Works File No.:06.01.208 SUBJECT: FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT. RECOMMENDATION: Consideration of Adoption of Two Resolutions: 1) RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN CONCERNING THE FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, AND RESCINDNG RESOLUTION NO. 13128 2) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO ORDER FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, TO LEVY AND COLLECT ASSESSMENTS, AND TO ISSUE BONDS; AND FOR SUCH PURPOSE, SETTING A PUBLIC HEARING AND DIRECTING THE MAILING OF A NOTICE OF THE PUBLIC HEARING AND BALLOT ON FORMATION OF THE DISTRICT TO AFFECTED PROPERTY OWNERS. BACKGROUND: In 1990's, the City Council made difficult budget cuts and service reductions by deciding to abandon median maintenance throughout the City. At that time, over forty-two miles of medians received routine watering, pruning and maintenance on a regularly scheduled basis. Based upon difficult economic circumstances and budgetary conditions, the City ceased maintaining all medians. In 1997-1998, there was a first attempt to form an assessment district under the Landscaping and Lighting .Net of 1972 in the Point San Pedro area. However, the proposed assessment district was not supported in the property owner balloting at that time and the district was not formed. In 2008, the Point San Pedro Medians Committee, a committee of 46 concerned residents from 20 homeowners associations, was formed to address the beautification of 4 �Iz miles of the Pt. San Pedro FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Road medians. They held community meetings and created a web page http://www.medianbeautification.com. In May 2010 the committee representatives met with the City Manager, Ken Nordhoff, and requested the Pt. San Pedro Road Median Landscaping Assessment District be formed. They raised $68,737 from 214 donors to cover the cost of initiating the Assessment District formation according to the Landscaping and Lighting Act of 1972. Consequently, on November 15, 2010 the City Council adopted Resolution number 13078 authorizing a professional services agreement with Willdan Financial Services to start the process for formation of the Assessment District. The City Council also adopted Resolution number 13110 authorizing a professional services agreement with Northcross, Hill and Aeh, Inc. for financial services, and Resolution number 13111 authorizing a professional services agreement with Jones Hall for bond counsel services. On April 4, 2011, the City Council adopted Resolution numbers 13127, 13128, and 13129 initiating formation of the Pt. San Pedro Road Median Landscaping Assessment District, approving and authorizing City Manager to execute a memorandum of understanding between the City of San Rafael and the County of Marin concerning the formation of the Pt. San Pedro Road Median Landscaping Assessment District, and approving the Engineer's Report for the formation of the Pt. San Pedro Road Median Landscaping Assessment District respectively. FEWER "I -Ul The two actions proposed tonight are necessary steps in the formation of the proposed new assessment district under the provisions of the Landscaping and Lighting Act of 1972 and the issuance of related bonds pursuant to the Improvement Bond Act of 1915, and both actions comply with the procedural requirements of the California Constitution Article XIIID (Proposition 218). Resolution Approving Memorandum of Understanding (MOU) with County of Marin Since approximately one-third of the medians for which improvements would be made in the proposed District, and approximately one-third of the properties subject to assessment in the proposed District are located within the unincorporated territory of the County of Marin, the Landscaping and Lighting Act of 1972 requires the City to obtain the approval and consent of the Board of Supervisors of the County of Marin before considering the Resolution of Intention with respect to the District, which sets the public hearing date on the matter and calls for notice and ballots to be mailed to the property owners of record subject to the proposed new assessments. Staff has been working with Marin County Public Works, County Legal Counsel, and our consultant teams to draft the proposed MOU before the City Council for approval. The draft Engineer's Report for the formation of the assessment district was used to outline responsibilities and expectations of each jurisdiction. The MOU approved by the City Council by Resolution No. 13128 on April 4 would have obligated the County to provide up to $25,000 for the costs for initial capital improvements identified in the Engineer's Report and up to $15,000 annually (adjusted by CPI changes) toward maintenance costs during the life of the District. In addition, that MOU authorized the City to access the county -owned portion of the Pt. San Pedro Road right of way to install and maintain the proposed improvements. The County Board of Supervisors approved a modified MOU, which changed the County of Marin annual maintenance cost from $15,000 to $6,000 at its April 26, 2011 meeting. The Engineer's Report accompanying this report and resolutions has been revised to reflect the adjusted City and County contributions and the district's estimated annual operations and maintenance budget. Since the MOU with the County is required to form this assessment district, staff is recommending that the City Council adopt a new Resolution authorizing the modified MOU approved by the County, and rescinding Resolution No. 13128.. Resolution declaring intention to order formation of the Pt. San Pedro Road Median Landscaping Assessment District, to levy and collect assessments, and to issue bonds SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 This resolution represents the next step in the assessment district formation process, and accomplishes the following actions, all as required under the 1972 Act: • The Resolution formally declares the intention of the Council to form the assessment district, levy the assessments, and issue bonds. • The Resolution approves the changes to the engineer's report that have been made since it was initially submitted for approval on April 4, 2011. • The Resolution sets the public hearing date for June 20, 2011. The public hearing is required under both the provisions for the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (Proposition 218), and provides an opportunity for any interested person to speak (or submit written comments) to the Council regarding the proposed district and assessments. • Finally, the Resolution directs that the assessment ballots be mailed to the landowners within the proposed assessment district boundaries. The City Clerk will be the City official responsible for this task, with the assistance of the Assessment Engineer. Next Steps Under Proposition 218, a notice and assessment ballot must be mailed to all affected property owners of record at least 45 days before the June 20, 2011 public hearing. Completed assessment ballots must be returned to the City Clerk by the property owners prior to the close of the public hearing. The City Clerk will be responsible for holding and safeguarding the assessment ballots, unopened, until the conclusion of the public hearing. Given the size of the assessment district and the number of assessment ballots we expect to be submitted, we are planning to begin opening the returned ballots after the public hearing and will continue the ballot opening and tabulation of the ballots the next day. Upon completion of the ballot tabulation, the announcement of the results will be made at a subsequent Council meeting. A special City Council meeting is proposed for June 22, 2011 at 4:00 PM. If the balloting results in a "majority protest," meaning that a majority of the valid weighted ballots returned by property owners are against the proposed assessment, the City will abandon the current proceedings to form the district. If the balloting is successful, meaning that a majority of the ballots returned by property owners are in favor of the assessment district, the City Council will be asked to consider a resolution which orders the formation of the district and the improvements to be made, confirms the assessment diagram and orders the levy of assessments for fiscal year 2011-2012. At a later meeting we will return to this Council a last time to consider a resolution authorizing the issuance of bonds for this assessment district. FISCAL IMPACT: Pursuant to the County of Marin Board of Supervisors April 26, 2011 board meeting, a Memorandum of Understanding between the County and City was approved for this assessment district that committed the County to pay for 37% of the capital costs of the District improvements up to $25,000, and up to $6,000 (adjusted annually by CPI changes) of the annual maintenance cost. The updated Engineer's Report dated April 20, 2011 indicated the general benefit portion of the capital improvement costs to be $45,500 of which $28,665 will be the City's share and $16,835 will be the County's share. In addition to the general benefit, the capital cost obligation calculated for publicly owned properties within the district, (non taxable parcels) that receive special benefit from the proposed improvements totals $21,337,and must be prepaid prior to the issuance of bonds, of which the City's share is $13,442 and the County's share is $7,895. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Therefore, the City will be required to budget $42,107 to cover these capital improvement costs. In support of the annual operations and maintenance of the district, the updated Engineer's Report identifies a combined City and County annual contribution for administrative expenses to be $15,265, of which the City's share will be $9,775 and the County's share will be $5,490. In addition to this estimated annual administration support, the City and County will annually contribute the calculated proportional operations and maintenance assessments for the publicly owned properties within the district that are identified as non-taxable, such as the public schools and Fire house. The estimated operations and maintenance assessments for these parcels for fiscal year 2011-2012 is $1,377, which the City's share will be $868, and the County's share will be $509. Therefore, the City's total share of these 2011-2012 operations and maintenance costs would be $10,643, and the County's share would be $5,999, which is below the $6,000 cap set in the MOU. Bonds will be issued to finance the construction portion of the project, estimated at $1,771,337. After . subtracting the prepayment amount for the non taxable parcels (publicly owned properties), approximately $1,750,000 needs to be financed for the capital improvements. The majority of these funds will be used to make the irrigation and planting material improvements in the median. The initial maximum annual assessment for each single family unit will be $75 ($46.06 for debt services and $28.94 for annual maintenance cost). This maximum allowable assessment will be adjusted annually based on the greater of three percent (3%) or the percentage increase in the local Consumer Price Index as outlined in the Engineer's Report. OPTIONS: The Council can either choose to: 1. Adopt the Resolutions approving the Memorandum of Understanding (MOU) with the County of Marin, and declaring intention to order formation of the Pt. San Pedro Road Median Landscaping Assessment District, to levy and collect assessments, and to issue bonds 2. Reject the resolutions which declare the intention to form the assessment district. Staff recommends the adoption of the enclosed Resolutions Attachments: Resolutions (2) Engineer's Report, dated April 20, 2011 RESOLUTION NO. A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN CONCERNING FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, AND RESCINDING FORMER RESOLUTION NO. 13128. WHEREAS, the City Council of the City of San Rafael on April 4, 2011 adopted Resolution No. 13127, entitled Resolution Initiating Fon-nation of the Pt. San Pedro Road Median Landscaping Assessment District; and WHEREAS, the proposed Assessment District encompasses properties located both within the incorporated City of San Rafael and the unincorporated County of Marin; and WHEREAS, both the City of San Rafael and County of Marin desire to comply with the Streets and Highways Code as part of the District fon-nation process; and WHEREAS, the County of Marin Board of Supervisors on April 26, 2011, approved a Memorandum of Understanding between the City and County regarding formation of this District in a different form than was approved by the City Council on April 4, 2011 by Resolution No. 13128; and WHEREAS, the City Council desires to approve the Memorandum of Understanding between the City and County regarding formation of this District in the form approved by the County of Marin Board of Supervisors; NOW THEREFORE BE IT RESOLVED, that the San Rafael City Council hereby rescinds Resolution No. 13128, but approves and authorizes the City Manager to execute the Memorandum of Understanding between the City of San Rafael and the County of Marin Concerning the Formation of the Pt. San Pedro Road Median Landscaping Assessment District in the form approved by the Marin County Board of Supervisors, attached hereto as Exhibit "A". 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 regular meeting of the San Rafael City Council held on the 2nd day of May, 2011, by the following vote to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ESTHER C. BEIRNE, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN CONCERNING THE FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT. This Memorandum of Understanding (hereinafter "Agreement") is made and entered into this day of , 2011, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the COUNTY OF MARIN (hereinafter "COUNTY"). RECITALS WHEREAS, numerous homeowners residing along, adjacent to, or in close proximity to Pt. San Pedro Road, both within the City limits of the City of San Rafael and in the immediately contiguous unincorporated area of the County of Marin, have expressed a strong desire to form an assessment district for the purpose of improving and maintaining landscaping and medians along Pt San Pedro Road; and WHEREAS, pursuant to the wishes of these citizens, CITY wants to form and to operate such an assessment district under the management, control and direction of CITY according to the provisions of the Streets and Highways Code; and WHEREAS, COUNTY understands, agrees and desires to allow CITY to form such a district including some areas contiguous to the CITY but within the COUNTY's jurisdiction; and WHEREAS, the Streets and Highways Code section 22500 et seq. ("Landscape and Lighting Act of 1972") permits a public agency to form assessment districts for the purpose of improving and maintaining landscaping and median strips along roadways, and sections 22506 and 5115 permit one public agency to include in such a district, contiguous land areas within another agency's jurisdiction upon the approval of the legislative body of that other agency. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PURPOSE OF AGREEMENT. The purpose of this Agreement is not to establish a Joint Powers Authority, but to clearly express the intent, agreement and understanding of the parties with regard to the formation, management and operation of an assessment district for the purpose of the improvement and maintenance of landscaping and median strips on Pt. San Pedro Road both inside the CITY limits and inside the contiguous unincorporated areas of the COUNTY. 2. DEFINITIONS. A. "DISTRICT" shall mean the Pt. San Pedro Road Median Landscaping Assessment District, as is more particularly described in the Resolution Initiating Formation of the Pt. San Pedro Road Median Landscaping Assessment District, adopted by the City Council of CITY on April 4, 2011 and attached hereto as Exhibit "I", and in the proposed Resolution of Intention to Form the Pt. San Pedro Road Median Landscaping Assessment District, to Levy and Collect Assessments and to Issue Bonds, which will be presented to the City Council of CITY for adoption after approval of this Agreement by the COUNTY and attached hereto as Exhibit B. "CITY" shall mean the City of San Rafael. C. "COUNTY" shall mean the County of Marin. EXHIBIT "A" MOU COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. B. COUNTY. The. County Administrator shall be the representative of the COUNTY for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. 4. COUNTY'S CONSENT. Pursuant to Streets and Highways Code Sections 5117 , 5118 and 22506, COUNTY consents to the inclusion of the unincorporated areas of the County of Marin within the boundaries of the assessment district as described in the aforementioned Resolutions attached hereto as Exhibits "I" and "II" attached hereto, and further consents to the CITY's construction and maintenance of the improvements described therein, including CITY's access to the Pt. San Pedro Road right of way within the COUNTY's jurisdiction for such purposes. The COUNTY's approval of this Agreement shall constitute the approvals and consent required by Streets and Highways Code Sections 5117, 5118 and 22506, including the COUNTY's approval and consent to the aforementioned Resolutions. 5, DUTIES OF THE COUNTY. A. COUNTY shall cooperate fully with CITY in CITY's efforts to effectuate the desire of both CITY and COUNTY citizens to form DISTRICT, including, but not limited to, taking all necessary actions under the Streets and Highways Code required by COUNTY for the formation and operation of DISTRICT by CITY. B. COUNTY shall pay the lesser amount of $25,000 or 37% of the total general benefit derived from the DISTRICT, as determined by the initial Engineer's Report prepared by Willdan Financial Services. hn no event shall the COUNTY's share of the initial payment exceed $25,000, C. In each subsequent year, COUNTY shall pay annually the lesser amount of $6,000 (subject to adjustment as provided hereafter) or 37% of the total general benefit derived from the DISTRICT, as determined by that subsequent year benefit assessment.Engineer's Report. In no event shall COUNTY's share of each subsequent payment exceed $6,000, provided that the $6,000 amount shall be adjusted annually by the change over the previous one year period in the Consumer Price Index, All Items, for All Urban Consumers, for the San Francisco -Oakland -San Jose area. 6. DUTIES OF CITY. A. CITY shall initiate to conclusion the legal requirements of the Streets and Highways Code as modified by Proposition 218 (Articles XIIIC and XIIID of the California Constitution), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.), for the formation of DISTRICT, CITY shall pay 100% of the costs incurred to establish DISTRICT out of funds that have been donated to the CITY for this purpose by persons with property located within the DISTRICT. B. Upon formation of DISTRICT, CITY shall be solely responsible for the implementation, management and operation of DISTRICT and its activities as permitted by, and pursuant to, the provisions of the Streets and Highways Code as modified by Proposition 218 (Articles XIIIC and XIIID of the California Constitution), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.). C. CITY shall pay 63% of the total general benefit derived from the DISTRICT, as determined in the initial and annual Engineer's Reports prepared by Willdan Financial Services, or in subsequent year benefit assessment Engineer's Reports. D. CITY shall,provide COUNTY with copies of the initial and annual Engineer's Report for the DISTRICT prepared by Willdan Financial Services, and subsequent year benefit assessment Engineer's Reports for the DISTRICT, 2 7. TERM OF AGREEMENT. This Agreement shall remain in full force and effect for as long as DISTRICT remains in existence, unless terminated earlier by mutual agreement of the parties. In the event that DISTRICT is not formed because of a. negative vote, or decision of CITY to terminate proceedings, this Agreement shall terminate on the earlier of either a City Council Resolution Repealing Notice of Intention to Establish District, or December 31, 2011. 8. ACCOUNTING AND AUDIT. Upon request and with reasonable notice, CITY shall permit COUNTY, or its agent, at COUNTY's sole expense, to audit DISTRICT's activities in connection with the performance of its duties under this Agreement. CITY shall fully cooperate with COUNTY or its agent in any such audit, 9. INDEMNIFICATION. A. COUNTY shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions of COUNTY or COUNTY's officers, agents and employees in the performance of their duties and obligations under this Agreement. B. CITY shall indemnify, release, defend and hold harmless COUNTY, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions of CITY or CITY's officers, agents and employees in the performance of their duties and obligations under this Agreement. 10, NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change or address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO COUNTY: County Administrator County of Marin, Room 325 P.O. Box 4186 San Rafael, CA 94913-4186 11. ENTIRE AGREEMENT — AMENDMENTS, The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the COUNTY and the CITY. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 12. APPLICABLE LAW. 3 The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the patties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL AL BORO, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney COUNTY OF MARIN SUSAN L. ADAMS, President, Marin County Board of Supervisors ATTEST: MATTHEW H. HYMEL, Clerk of the Board ROVED A TO FORM: F r� P RICK K, PX1 I NER, County Counsel 11 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL INITIATING FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as follows: Section 1. Initiation of Proceedings. The Council hereby initiates proceedings for, and proposes the formation of, an assessment district under the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, Section 22500 et seq. (the "Act"). Section 2. Designation. The assessment district proposed in this Resolution (the "Assessment District") is hereby given the following distinctive designation: "City of San Rafael Pt. San Pedro Road Median Landscaping Assessment District." Section 3. Description and Location. The proposed boundary of the Assessment District includes approximately 2688 parcels totaling approximately 2166 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 generally described on the proposed Assessment District Boundary Map attached hereto as Exhibit "A". Section 4. Improvements and Maintenance. The improvements and the maintenance activities and services proposed to be financed by the Assessment District are generally described in Exhibit "B" attached hereto and hereby made a part hereof. Section 5. Engineer's Report Ordered. Willdan Financial Services, of Temecula, California, is hereby designated as the Engineer of Work for the Assessment District, and is hereby directed and ordered to prepare a report (the "Engineer's Report") containing the information required by Sections 22565 through 22574 of the Act. 1, 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 regular meeting of the City Council of the City of San Rafael on Monday, the 4th day of April, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk cxhi hi4 a RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO FORM THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, TO LEVY AND COLLECT ASSESSMENTS, AND TO ISSUE BONDS. RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as follows; Section 1. Declaration of Intention. The Council declares its intention (a) to order the formation of an assessment district designated "City of San Rafael Pt, San Pedro Road Median Landscaping Assessment District" (the "Assessment District") pursuant to the Landscaping and Lighting Act of 1972, Part 2, commencing with Section 22500, of Division 15 of the California Streets and Highways Code (the "Act"), (b) to levy and collect assessments with respect to the Assessment District, -and (c) to issue bonds pursuant to the Act. Section 2. Description and Location of Assessment District. The proposed boundary of the Assessment District includes approximately 3006 parcels totaling approximately 2166 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 generally described on a the proposed Assessment District boundary map on file and open to inspection in the office of the City. Clerk. This map indicates by a boundary line the extent of the territory included in the Assessment District. Section 3. Engineer's Report. Wilidan Financial Services, 'of Temecula, California, has been designated as the Engineer of Work for the Assessment District. The Engineer of Work has caused to be prepared a report (the "Engineer's Report"), containing the information required by Sections 22565 through 22574 of the Act and has filed the Report with the City Clerk. The Engineer's Report has been duly considered by this Council, with the aid of City Staff, and is hereby deemed sufficient and preliminarily approved and shall stand as the Engineer's Report for all subsequent proceedings for the City. Section 4. Improvements and Maintenance. Reference is hereby made to the Engineer's Report for a full and detailed description of the improvements and the maintenance activities and services proposed to be financed by the Assessment District, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District, and any bonds or notes to be issued to finance such improvements and services. Section 5. Public Hearing. This Council hereby orders that a public hearing shall be held before this Council, in the meeting place thereof, City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, California, on the day of , 2011, at the hour of p.m., on the questions of the.formation of the Assessment District and the levy of the proposed assessments, and for the purposes of this Council's determination whether the public interest, convenience and necessity require the improvements and the maintenance and services, and whether the properties in the Assessment District are specially benefited by the improvements and maintenance services. The public hearing may be continued from time to time as determined by this Council. Section 6. Mailed Notices. The City Clerk is hereby authorized and directed to cause notice of the public hearing herein ordered to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the City and the return address of the City Clerk as the sender. The mailed notice shall be given to all property owners within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized Exhibit A -1- assessment roll of the County or the State Board of Equalization assessment roll, as the case may be. The amount of the proposed assessment for each parcel shall be calculated, and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated, Each such mailed notice to owners shall contain a ballot which includes the address for receipt of completed ballots, and showing the owner's name, identification of the parcel and support or opposition to the proposed assessment, Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed. The notice herein provided shall be mailed not less than 45 days before the date of the public hearing ordered in Section 5 above. Section 7. Ballots. The following shall apply to the assessment ballots: A.Each assessment ballot shall be in a form that conceals its contents once it is sealed by the person submitting the ballot, To be valid, ballots must be in the form supplied by the City and copies or replicas will not be accepted. Unsigned or unmarked ballots will not be valid. The City shall provide for replacement of defaced or mis-marked ballots upon request by the property owner. Each ballot shall be signed and either mailed or delivered to the address on the ballot or to the City at the site of the public hearing indicated above. B. Ballots shall remain sealed until the close of the public hearing and the beginning of the tabulation, provided that ballots may be submitted, or changed, or withdrawn by the person submitting the ballot prior to the conclusion of the public hearing, During and after tabulation, the ballots shall be disclosable public records under Section 6252 of the California Government Code. This Council hereby designates the City Clerk as the impartial person to tabulate the ballots. The address of the City for the receipt of the mailed ballots or ballots delivered, other than to the site of the public hearing specified above, shall be: Office of City Clerk San Rafael City Hall City of San Rafael P.O. Box 151560 San Rafael CA 94915-1560 C. The tabulation of special assessment ballots shall commence after the public hearing is closed and the determination of the existence of any majority protest and this Council's final action upon the Engineer's Report and the assessments therein shall be made at the meeting of the Council designated above. Section S. Information, To get additional information about the assessments or the Assessment District contact: Nader Mansourian, Public Works Director City of San Rafael I 1 I Morphew Street P.O. Box 151560-1560 San Rafael, CA 94915-1560 415-485-3355 The Engineer's Report and other written material about the Assessment District may also be reviewed at City Hall at the address above during regular business hours. Exhibit A -2- Section 9. Effective, This resolution shall take effect upon its adoption. . 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 regular meeting of the Council of the City of San Rafael held on the 4'h day of April, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk Exhibit A -3- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO ORDER FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, TO LEVY AND COLLECT ASSESSMENTS, AND TO ISSUE BONDS; AND FOR SUCH PURPOSE SETTING A PUBLIC HEARING, AND DIRECTING THE MAILING OF A NOTICE OF THE PUBLIC HEARING AND BALLOT ON FORMATION OF THE DISTRICT TO AFFECTED PROPERTY OWNERS. RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as follows: Section 1. Declaration of Intention. The Council declares its intention (a) to order the formation of an assessment district designated "City of San Rafael Pt. San Pedro Road Median Landscaping Assessment District" (the "Assessment District") pursuant to the Landscaping and Lighting Act of 1972, Part 2, commencing with Section 22500, of Division 15 of the California Streets and Highways Code (the "Act"), (b) to levy and collect assessments with respect to the Assessment District, and (c) to issue bonds pursuant to the Act (the "Bonds"). Section 2. Description and Location of Assessment District. The proposed boundary of the Assessment District includes approximately 3,006 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 generally described on a the proposed Assessment District boundary map on file and open to inspection in the office of the City Clerk. This map indicates by a boundary line the extent of the territory included in the Assessment District. Section 3. General Description of Improvements and Maintenance. The improvements and the maintenance activities and services proposed to be financed by the Assessment District are described in Exhibit A attached hereto and hereby made a part hereof. Section 4. Engineer's Report. Willdan Financial Services, of Temecula, California, has been designated as the Engineer of Work for the Assessment District. The Engineer of Work has caused to be prepared a report.. entitled "City of San Rafael Pt. San Pedro Road Median Landscaping Assessment District, Engineer's Formation Report, Fiscal Year 2011/2012, March 30, 2011" (the "Engineer's Report"), containing the information required by Sections 221565 through 22574 of the Act, and has filed the Report with the City Clerk. On April 4, 2011, the City Council duly considered the Engineer's Report, with the aid of City Staff, and adopted Resolution No. 13129, approving the Engineer's Report and ordering that it be made available for public inspection. Subsequently, certain amendments and modifications to the Engineer's Report have been submitted, and have been duly considered by this Council, with the aid of City Staff, and such amended and modified Engineer's Report. entitled **City of San Rafael Pt. San Pedro Road Median Landscaping Assessment District, Engineer's Formation Report, Fiscal Year 2011/2012, April 20, 2011", on file with the City Clerk, is hereby deemed sufficient and preliminarily approved and shall stand as the Engineer's Report for all subsequent proceedings for the City. Reference is hereby made to the Engineer's Report for a full and detailed description of the improvements and the maintenance activities and services proposed to be financed by the Assessment District, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District, and any bonds or notes to be issued to finance such improvements. The Council hereby declares its intention that publicly owned property within the Assessment District shall be assessed as specified in the Engineer's Report. The Council hereby declares its intention to contribute City funds toward the cost of the improvements and maintenance activities and services, from sources of funds legally available for this purpose, in the amounts set forth in the Engineer's Report. Section 5. Public Hearing. This Council hereby orders that a public hearing shall be held before this Council, in the meeting place thereof, City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, California, on the 20th day of June, 2011, at the hour of 8:00 p.m., on the questions of the formation of the Assessment District and the levy of the proposed assessments, and for the purposes of this Council's determination whether the public interest, convenience and necessity require the improvements and the maintenance and services, and whether the properties in the Assessment District are specially benefited by the improvements and maintenance services. The public hearing may be continued from time to time as determined by this Council. Section 6. Mailed Notices. The City Clerk is hereby authorized and directed to cause notice of the public hearing herein ordered to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the City and the return address of the City Clerk as the sender. The mailed notice shall be given to all property owners within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County or the State Board of Equalization assessment roll, as the case may be. The amount of the proposed assessment for each parcel shall be calculated, and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot which includes the address for receipt of completed ballots, and showing the owner's name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed. The notice herein provided shall be mailed not less than 45 days before the date of the public hearing ordered in Section 5 above. Section 7. Ballots. The following shall apply to the assessment ballots: -2- A. Each assessment ballot shall be in a form that conceals its contents once it is sealed by the person submitting the ballot. To be valid, ballots must be in the form supplied by the City and copies or replicas will not be accepted. Unsigned or unmarked ballots will not be valid. The City shall provide for replacement of defaced or mis-marked ballots upon request by the property owner. Each ballot shall be signed and either mailed or delivered to the address on the ballot or to the City at the site of the public hearing indicated above. B. Ballots shall remain sealed until the close of the public hearing and the beginning of the tabulation, provided that ballots may be submitted, or changed, or withdrawn by the person submitting the ballot prior to the conclusion of the public hearing. During and after tabulation, the ballots shall be disclosable public records under Section 6252 of the California Government Code. This Council hereby designates the City Clerk as the impartial person to tabulate the ballots. The address of the City for the receipt of the mailed ballots or ballots delivered, other than to the site of the public hearing specified above, shall be: Office of City Clerk San Rafael City Hall City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 C. The tabulation of special assessment ballots shall commence after the public hearing is closed and the determination of the existence of any majority protest and this Council's final action upon the Engineer's Report and the assessments therein shall be made at the meeting of the Council designated above. Section 8. Information. To get additional information about the assessments or the Assessment District contact: Nader Mansourian, Public Works Director City of San Rafael 111 Morphew Street P.O. Box 151560-1560 San Rafael, CA 94915-1560 415-485-3355 The Engineer's Report and other written material about the Assessment District may also be reviewed at City Hall at the address above during regular business hours. Section 9. Reimbursement Declaration. The Bonds will be `'Obligations" under United States Income Tax Regulations section 1.150-2 (the "Regulations") issued to finance all or a portion of the costs of the improvements authorized to be financed by the Assessment District. This Council hereby declares that the City reasonably expects to use a portion of the proceeds of the Bonds to reimburse the City for expenditures for the improvements paid before the issuance of the Bonds. This section of this resolution shall be solely for the purpose of complying with the provisions of the Regulations and shall not be deemed a commitment on the part of this Council to issue any or all of the Bonds or otherwise provide for financing of the improvements. BE Section 10. Effective. This resolution shall take effect upon its adoption. 1, 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 regular meeting of the Council of the City of San Rafael held on the 2nd day of May, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk 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 Way 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 -1- • 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 (MeNear'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 -2-