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HomeMy WebLinkAbout2011-07-18_cityofsanrafael_f3c2366726d3a3fd918901b4e345260cCITY OF n..':74ft 1� Agenda Item No: 4c Meeting Date: July 18, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Director of Public Works (RAL) City Manager Approval: File No.: 03.01.174.07 SUBJECT: BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2011-2012. RECOMMENDATION: Adopt Resolution BACKGROUND: In accordance with the Landscape and Lighting Act of 1972 the City Council is responsible for confirming the Assessment Diagram and levying the assessment for the next fiscal year for the Baypoint Lagoon Landscape and Lighting District. CSW/Stuber-Stroeh are the Engineers of Work and have prepared the Engineer's Annual Report. On July 5, 2011 the City Council adopted a Resolution of Intention to levy and collect assessments within the assessment district for the fiscal year 2011-2012. The Council also adopted a Resolution of Intention to Order Improvements and set the date for the Public Hearing for July 18, 2011. The purpose of the Public Hearing is to receive any comments on the Annual Report. A description of work is part of the Engineer's Annual report. In past years, a contractor removed cattails and other non-native species from the Baypoint (Spinnaker) Lagoon and the adjacent diked salt march. Public Works Streets Division personnel also adjusted lagoon water levels seasonally to enhance native plant and animal species habitat. In 2006, Assessment District members requested suspension of non-native plant eradication to generate sufficient funds to install motor controls at the Cayes Storm Water Pump Station. Once installed, the controls will automatically monitor/adjust water quality and water levels. The cost of the project is approximately $165,000 to $175,000 for construction, and an additional $60,000 to $65,000 for design, depending on the bidding climate. Staff agrees with the request, which is addressed in the annual report from CSW/Stuber-Stroeh Engineering Group, Inc. The Homeowners Association (HOA) is currently paying for the maintenance of lagoon vegetation and is accruing assessment funds for the purposes described above. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pale: 2 FISCAL IMPACT: There is no direct fiscal impact, apart from the minimal staff time required to generate this report and the related resolution. OPTIONS: The Council can conduct the Public Hearing and adopt the Resolution as described. ACTION REQUIRED: Staff recommends that the Council adopt the Resolution Confirming Diagram and Assessment and Levying Assessment for Fiscal Year 2011-2012. Enclosures: 1. Resolution 2. Engineer's Annual Report RESOLUTION NO. RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2011-2012 BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) The City Council of the City of San Rafael resolves: 1. In accordance with Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed CSW/Stuber-Stroeh Engineering Group, Inc., Engineer of Work for Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County,.California, to prepare and file an annual report for fiscal year 2011-2012. 2. The City Council adopted its resolution of intention to levy and collect assessments within the assessment district for fiscal year 2011-2012 on July 5, 2011 and set a public hearing to be held on July 18, 2011, in the meeting place of the City Council located in the Chambers of the City Council, 1400 Fifth Avenue, San Rafael, California. 3. At the public hearing, the City Council provided an opportunity interested parties to comment on the annual report either in writing or orally, and the City Council has considered such comments. 4. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth therein for fiscal year 2011-2012. ESTHER C. BEIRNE, Cleric 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 18" day of July, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk File No.: 03.01.174.07 Marin Independent Journal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415) 382-7335 legals@marinij.com SAN RAFAEL,CITY OF PO BOX 151560/CITY CLERK, DEPT OF PUBLIC WORKS,1400 FIFTH AVE SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin FILE NO. 0004074209 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 7/8/2011 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 11th day of July, 2011. Signature PROOF OF PUBLICATION Legal No. 0004074209 RESOLUTION NO. 13190 RESOLUTION OF INTENTION TO ORDER IMPROVE- MENTS AND SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CIYTYl& COUNCIL MEETING ON JUL2011 BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Land c% g and Lighting Act of The City Council of 1. The city Cou ng ithis assess - as follows: gg open space le future, cat. be undertak- iture. a monl- ssments upon as- ind within the as - does not Increase is ear, f ulv. 2011 at the 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 said City on the 5th day of July, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None /s/ Esther C. Belrne ESTHER C. BEIRNE, City Clerk NO. 1171 JULY B, 2011