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HomeMy WebLinkAboutPW Pt. San Pedro Assessment District FY2012-13ctry Agenda Item No: 3k Meeting Date: 7/2/2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: City Manager Approval:_) Director of Public Works File No.: 03.01.180.3 SUBJECT: INITIATING THE PROCEEDINGS, PRELIMINARY APPROVAL OF ENGINEER'S REPORT AND DECLARATION OF INTENTION TO LEVY AND COLLECTED ANNUAL ASSESSMENTS FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT FOR FISCAL YEAR 2012-2013. RECOMMENDATION: 1) ADOPT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, FISCAL YEAR 2012-2013. 2) ADOPT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PRLIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT REGARDING THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT FOR FISCAL YEAR 2012-2013. 3) ADOPT 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. 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, an attempt to form an assessment district under the Landscaping and Lighting Act of 1972 19' ' 72 Act") was initiated. However, that effort failed because property owners voting against the district formation. File No.: Council Meeting: Disposition ESZ:x[_ 0 VC FOR CITY CLERK ONLY SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 In 2008 the Point San Pedro Medians Committee, a group of 46 concerned residents from 20 homeowners associations, was established to address the beautification of 4 1/2 miles of the Pt. San Pedro Road medians. In May 2010, committee representatives met with the City and requested the City undertake proceedings to form what is now known as the Pt. San Pedro Road Median Landscaping Assessment District. To support these efforts, the committee raised over $68,000 from donors to cover the cost of forming the District which would fund the renovation of the median landscaping and the ongoing maintenance of landscaping within the District boundaries. On April 4, 2011 the City Council adopted three resolutions that initiated the formation process for the Pt. San Pedro Road Median Landscaping Assessment District including: 1.) a resolution initiating formation of the Pt. San Pedro Road Median Landscaping Assessment District; 2.) a resolution authorizing execution of a memorandum of understanding between the City of San Rafael and the County of Marin concerning the formation of the District; and 3.) a resolution approving the engineer's report for the formation of the District. On May 2, 2011, in accordance with the 1972 Act and the provisions of Article XIIID of the California Constitution, the City Council adopted a Resolution of Intention declaring the Council's intent to form the District, to levy annual assessments commencing in fiscal year 2011/2012, to set a public hearing date regarding these matters. The Council also called for the balloting of property owners objecting to the proposed assessments, again in accordance with the provisions of the California Constitution. A public hearing regarding the District formation and levy of the new assessments was conducted by the City Council on June 20, 2011. Upon conclusion of that public hearing, the City Clerk or their designee was directed to open and tabulate the ballots. On June 22, 2011 the results of the ballot tabulation were presented and adopted by resolution of the City Council, the results of which were approximately 61.4% of the weighted ballots being in favor of the assessments and 38.61% being opposed. Finding that a majority protest did not exist, the City Council adopted a resolution to adopt engineer's report, confirmed the assessments, ordered the work and acquisitions, and the levy of assessments for the first fiscal year (2011/2012). ANALYSIS: The three actions proposed tonight are the initial steps required under the provisions of the Landscaping and Lighting Act of 1972 to levy the annual assessments for fiscal year 2012/2013. Initiation of Annual Assessments for the District Under the Landscaping and Lighting Act of 1972, the first step of each fiscal year in order to levy the District's annual assessments is for the City Council to adopt the proposed Resolution initiating proceedings for the annual levy and collection of assessments for the Pt. San Pedro Road Median Landscaping Assessment District for fiscal year 2012-2013. This Resolution generally describes the location and extent of the proposed District, describes the nature of the proposed improvements within the District for which properties will be assessed, and orders the assessment engineer to prepare and file an Engineer's Report in accordance with the 1972 Act. Engineer's Report The engineer's report is required to identify those public improvements to be financed by the District assessments, estimate the cost of improvements, and the method of assessment spread to apportion those costs to the parcels within the District in proportion to the special benefits received resulting in the dollar amount to be assessed against each parcel for fiscal year 2012,12013. Each parcel's assessment includes both its portion of the capital improvement cost as well as its share of the estimated annual maintenance cost. A total of three hundred and twenty four parcels (324) prepaid in full their proportionate capital improvement cost obligation during the cash collection period following the formation of the District (9 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3 of which are publically owned properties). These parcels are now only subject to the annual maintenance assessments. The Engineer's report has been reviewed by City staff as well as the City's other consultants involved in the capital improvement financing. The report is accepted as complete for the purposes of establishing the District assessments for fiscal year 2012/2013. The assessments established in the Report for fiscal year 2012/2013 are consistent with the assessments established at the time of formation and approved by the property owners in the protest ballot proceedings conducted according to the provisions of the California Constitution. As authorized at the time of formation, the maximum amount that can be assessed each fiscal year includes an adjustment for inflation based on the greater of 3% or the annual percentage change in the Consumer Price Index. Accordingly, the maximum assessment allowed per Equivalent Benefit Unit (EBU) for fiscal year 2012/2013 is $77.25 (a 3% increase over the $75.00 maximum assessment for fiscal year 2011/2012). The Engineer's Report for fiscal year 2012/2013 proposes an assessment rate of $46.06 per EBU for capital improvement costs (debt service payments), unchanged from the previous year, and an assessment rate cf $28.94 per EBU for Operations & Maintenance which results in a combined assessment rate of $75.00, which is less than the maximum assessment rate allowed. The City Council is requested to adopt the proposed Resolution receiving and preliminarily approving the Engineer's Report. Intention to Levy Annual Assessments for the District Pursuant to the provisions of the 1972 Act, the City Council must annually conduct a public hearing regarding the levy of District assessments. After preliminary approval of the Engineer's Report, the City Council must adopt a Resolution of Intention which declares the City Council's intention to levy and collect assessments within the district for the fiscal year, generally describes the proposed improvements and any substantial changes to be made, refers to the District by name and to the Engineer's Report, on file with the clerk, for a full and detailed description of the improvements, and gives notice of the time, and place for the public hearing on the levy of the proposed assessments. Next Steps In accordance with the provisions of the 1972 Act, upon adoption of the foregoing proposed Resolutions, the City Clerk will cause notice of the public hearing (set for July 16, 2012), to be published in the local newspaper one time at least 10 days prior to the public hearing. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard regarding the District and the City Council will consider all oral statements and written protests made or filed by any interested person. Upon conclusion of the public hearing the City Council may by resolution adopt the District assessments as presented in the Engineer's Report as submitted or modified and order the levy and collection of the approved assessments for fiscal year 2012/2013. FISCAL IMPACT: As noted in the original engineer's report for the formation of the District and outlined in this year's Annual Engineer's Report, the general benefit cost for the capital improvements is estimated to be $45,500, $28,665 of which will be the City's share and $16,835 will be the County's share. In addition, the report estimated that the prepayment assessment for non taxable parcels was $21,337 of which the City's share is $13,442 and County's share is $7,895. These costs have already been paid. For fiscal year 2012/2013, the annual maintenance cost for non-taxable parcels is estimated to be $1,377 of which the City's share will be $868 and County's share will be $509. In addition, the County will contribute up to $5,490 and the City will up to contribute $9,775 for a total of $15,265 in funding and/or services towards incidental costs related to the maintenance and operation of the District for fiscal year 2012/2013. The proposed assessments for the typical single family unit for fiscal year 2012/2013 will be $75.00 ($46.06 for debt services and $2894 for annual maintenance cost) which is less than the allowed maximum rate of $77.25 for fiscal year 2012/2013. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 OPTIONS: N/A ACTION REQUIRED: Staff recommends the adoption of the enclosed Resolutions Attachments: Resolutions (3) Engineer's Report RESOLUTION NO. 13373 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, FISCAL YEAR 2012-2013 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") 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 (hereafter referred to as "the Act"), ) that provides for the levy and collection of annual assessments with respect to the Assessment District for the construction, installation, maintenance and servicing of the landscaped median improvements, and all appurtenant facilities, operations and funding related thereto, including but not limited to the issuance of bonds or other financing as authorized by the Act; 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 the Act; and the provisions of the California Constitution, Article XII1D. NOW, THEREFORE IT IS HEREBY RESOLVED that: Section 1. The Council desires to initiate proceedings for the levy and collection of annual assessments against parcels of property within the Assessment District for Fiscal Year 2012-2013, commencing July 1, 2012 and ending June 30, 2013, to pay for the costs and expenses associated with the improvements to be provided as generally described in Section 3. Section 2. 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 the Assessment District Boundary Map on file with the City Clerk and generally includes all or a portion of the parcels identified on the following Marin County Assessor's Parcel Map Books: 008; 009; 014; 015; 016; 017; 184; 185; and, 186. Section 3. The improvements and the maintenance activities and services proposed to be financed by the Assessment District 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, maintenance, of those landscape improvements. There are currently twenty-nine (29) existing median islands within the boundaries of the Assessment District to be improved and maintained 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 landscape improvements to be constructed and installed are intended to consist of primarily low maintenance, water efficient landscaping which may include, but are not limited to various varieties of trees and drought tolerant vegetation and plantings including ground cover, plants and shrubs; as well as related facilities and amenities including low volume irrigation systems and drainage facilities; as well as hardscape features such as pavers, decorative stone, stamped concrete, masonry or concrete walls, and monuments. Section 5. The Council hereby directs and orders the Assessment Engineer to prepare and file with the City Clerk the Engineer's Report concerning the establishment and levy of District assessments for Fiscal Year 2012-2013 in accordance with Chapter 1, Article 4, commencing with Section 22565 of the Act. 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 RESOLUTION NO. 13374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PRLIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT REGARDING THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT FOR FISCAL YEAR 2012-2013. RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as follows: WHEREAS, the City Council adopted Resolution No. 13078, directing Willdan Financial Services to prepare an Engineer's Report in connection with the proposed Pt. San Pedro Road Median Landscaping Assessment District; WHEREAS, Willdan Financial Services has prepared an Engineer's Report, entitled "City of San Rafael, Engineer's Annual Report, Pt. San Pedro Road Median Landscaping Assessment District, Fiscal Year 2012-2013" ("Engineer's Report"), a copy of which is on file with the City Clerk and attached to the Staff Report accompanying this Resolution; NOW, THEREFORE IT IS HEREBY RESOLVED that: Section 1. The above recitals are true and correct. Section 2. That the Engineer's Report, which is on file with the City Clerk and attached to the Staff Report accompanying this Resolution, is received and preliminarily approved, and ordered to be kept on file with the City Clerk and made available for public inspection. 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 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 improvements 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 funds 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 given 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- l` E8TDDR C. 8ElRNEL Clerk of the Cin of Sam Rafael, hereby certify that the foregoing rcou|udou was duly and rogo|uz|y introduced and adopted at scheduled meeting ofthe 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: ERS: None ABSENT: COUNCILMEMBERS: Heller EGTBERC.BORN6,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 hardseape 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 • 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