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Home My WebLink AboutPW Baypoint Lagoons Assessment District FY2013-14M1 0 UMMM3= - 5#b Agenda Item No. Meefing Date: July 15,'20'13 Prepared by. i Manager Approval - Director of Public Works (RAL) SUBJECT: BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2013-2014. 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 Lagoons Landscaping and Lighting District. CSW/Stuber-Stroeh are the Engineers of Work and have prepared the Engineer's Annual Report. On July 1, 2013 the City Council adopted Resolution of Intention #13566 to order improvement and levy and collect assessments within the i. !# Lagoons Landscapina and Lightin %.0 District for fiscal year 2013-2014. The Council also set the date for required Public Hearing fo July 15, 2013. The purpose of the Public Hearing is to receive any comments about the Annu 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 is i! (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 levels. The cost of the project is approximately $200,000 to $225,000 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. File N o. Council Meeting-. Dilsposiifion,., '7010 A J all FISCAL IMPACT: No fiscal impact. 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 2013-2014. Enclosures: 1. Resolution 2. Engineer's Annual Report BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRIC (Pursuant to the Landscaping and Lighting Act of 1972) 1 The City Council of the City of San Rafael resolves: I . In accordance with Chapter 3 of the Landsca I 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 2013-2014. 2. The City Council adopted its resolution of intention to levy and collect assessments within the assessment district for fiscal year 2013-2014 on July 1, 2013 and set a public hearing to be held on July 15, 2013, 'in the meeting place of the Ci*tA�� located in the Chambers of the City Council, 1400 Fifth Avenue, San Rafael, California. 3. At the public hearing, the Ci interested parties to comment on the annual report either 'in writing or orally, and the Cit� ii� 1 1 4. The Ci y 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 2013-2014. ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certif� that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 1Stn day of July, 2013, by the following vote, to wit: jq�-! 1111 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nora ESTHER C. BEIRNE, City Clerk MAMM Marion Independent Journal 150 Alameda del Prado OB 6150 Novato, California 94948-1535 (415) 382-7335 legals@marinij.com SAN RAFAEL,CITY OF PO BOX 151560/CITY CLERK, DEPT OF PUBLIC i' !i FIFTH AVE SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA k- - County of Marin FILE NO. 0004908488 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: W"1111i I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 9th day of July, 2013. Signature Legal No. 0004908488 RESOLUTION NO. 135" RESOLUTION OF INTENTION TO ORDER IM- PROVEMENTS AND SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CITY COUNCIL MEETING ON JULY M 2013 SAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuantto tho Landscaping and Ligtding Act W 1972) The City Council of the City of San Rafael resolves* 1. The City Council intends to levy and collect assessirents within Baypoint La ons, Land - ping and Lighting District, City, T�Saa Rafael, Marinto-un1 California, during the fiscal year 2013-2014. T e area of land to be assessed is located in the City of San Rafael, Marin County. 2. 111 accordance with this Council's resolubi on directing the filing of an Enoineees Annual Re= port, 11 tneerit port, CSW/Stuber ig Group, Inc., Engineer of Work, has filed with the City Clerk the report required by the Landscaping and Liihtin3 Act of 1072. All interested persons are re erre to that report for a full and de- tailed descriftion of the improvements, the boundaries 0 the assessment district and the - proposed assessments upon assessable tots, and parcels of land within the assessment dis- trict. 3. The proposed assessment does not increase the assessment frcim the previous year. 4. On Monday, the 15th day of July. 2013 at the - hour of 7:00 oclock- P.M., the City Council will conduct a public hearing on the questfon of the- ,e p ed n The , �f the e '�ting pie f i 0 e of the r op 4 he m - h ' y held t C t Council I t C ty t C n located in h bers 0 he ou the Cham Co ricit. 1400 Fifth Avenue, San Rafael, Califor� nia. S. The City Clerk is authorized.sand directed to give the notice of heari"11relulred by the Land- scaping and Lighting Act Of 1972 by publishi in d cy of this resolutit on once in the Marin In pen!sient Journal. publication to be completed not less than ten (10) days before July 1, i. 4 ESTHER Q BEIRNE* Cterk of Um pity of San Rafael, 11,0-reb certify that the, foregoing resolu- tion was du(y and regularly introduced and adyted at a regular m t' of the Council of sai City on the I day of Ju y 2013, by the fol - (owing vote, to wit AYES: COUNCILMEMBERS: Connolly, Heller,, McCulkaugh & Mayor Phillips N 0E S: COUNCILMEMBERS: None ABSENT:CGjUNCILMENIBERS: Colin A/ Esther C. Beirne ESTHER C. BEIRE, City, Clerk MAYOR GARY 0. PHILLIPS VICE MAYOR BARBARA HELLER r EGroup, Inc.ngineering Attn,- Al Cornwell, President 4 r r files,roni Court Re: Baypoint Lagoons Landscaping and Lighting District I (Pursuant to the Landscaping and Lighting Act of 1972,, For your enclosed r « • certified r copies r following documents adopted r « Rafael at « regular meeting held on, July 1, 2013: RESOLUTION NO. 13564 RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT i BAYPOINT LAGOONS LANDSCAPING d (Pursuant to « «p • and Lighting Act of 1972) MIN RESOLUTION NO. 13565: APPROVING 2012/2013 BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant Landscapingto the • Act of 1972) RESOLUTION NO. 13566 RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CITY COUNCIL MEETING ON JULY 15 2013. BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) Affidavit of Proof of Publication of Resolution No. 13 566, published on Jul , 13, in the Marin Independent Journal. 1400 FIFTIA AVE E PO Box IS 1560 . SAN RAFAEL, CA 949 Al Cornwell July 24, 201 Page Two I Also enclosed is a certified copy ofResolution No. 13573 adopted by the San Rafael City Council at a public hearing held on Monday, July 15, 2013 -0 RESOLUTION NO. 13573: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2013-2014 - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) Lastly, I am enclosing an original signed copy of the Clerk's Certification to County Auditor - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Livhting Act of 1972),, dated July 20, 2012. If you have any questions, or if I may be of any further service, please call me at (415) 485-3065. Sincerely, 4ee ETHER BEIRNE City Clerk FOM ay pint Lagoons Homeowners Association {w/enols.) Attn-, John Boland 35 Egret View San Rafael, CA 94901 'Vr—fs I ciq,,cid,,ofsanrafael.org\WorkFile\Cit-,v, Clerk- WorkFile\Letters & Memos etc'\Cornwell Itr 07-2013,doc BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRIC (Pursuant to the Landscaping and Lighting Act of 1972) 1 I hereby certify that the attached document is a true copy of that certain Engineer's Annual Report for 2013-2014, including assessment and assessment diagram, received on June 21 2013 for Baypoint Lagoons Landscaping and Lighting District, confirmed by the City Council of the City of San Rafael on the 15 th day of July, 2013, by its Resolution No. This document is certified, and is filed with you., pursuant to Section 22641 of the M Dated: ESTHER C. BEIRNE,, City Clerk City of San Rafael Marin County, California �110111 i AiiiiZAll I F ff I -am 01 x INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SR CC AGENDA ITEM NO. DATE OF MEETING: 7-15-13 FROM: NADER MANSOURIAN 03 a vIll Sa ■► t► m•la II&IN 111 1ATE: 7/8/13 BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2013-2014 0 0 0 �OV4 (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY AGENDA ITEM - NOT APPROVED APPROVED AS TO FORK City Attorney (signatur