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HomeMy WebLinkAboutResolution 2004-073 N.C.S. 05/03/2004 Resolution No.2004-073 N.C.S. of the City of Petaluma, California DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA TO ORDER THE LEVY AND COLLECT ASSESSMENTS FOR THE WASHINGTON CREEK VILLAGE SUBDIVISION LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT AND SETTING A PUBLIC HEARING ON THE FORMATION OF THE ASSESSMENT DISTTRICT AND THE LEVY OF THE PROPOSED ASSESSMENT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 WHEREAS, the Landscape and Lighting Act of 1972 ("1972 Act"), codified in California Streets and Highways Code Section 22500 et seq., establishes procedures whereby local agencies whose annual taxes are carried on the county assessment roll and are collected by the county may fund the construction and maintenance of improvements by formation of assessment districts; and, WHEREAS, the general procedures for formation of an assessment district under the 1972 Act include: adoption of a resolution initiating proceedings, proposing formation of a district and ordering an engineer's report; approval of the engineer's report; adoption of a resolution of intention to form an assessment district, levy and collect assessments, and, if desired, issue bonds or notes; and following canvassing of balloting that has been noticed and conducted in accordance with California Government Code Section 53753, and a noticed public hearing on the assessment, adoption of a resolution ordering the improvements and formation of the district and confirming the diagram and assessment2; and, WHEREAS, improvements that maybe funded under the 1972 Act include: installation or construction of landscaping, ornamental structures, public lighting facilities, appurtenant structures or facilities, park or recreational improvements, acquisition of land or existing improvements for park, recreational or open space purposes, and acquisition or construction of community centers, auditoriums, halls or similar public facilities, for indoor presentation of performances and events, including public and private events3; and, WHEREAS, the 1972 Act provides that after approval of the engineer's report, the legislative body must adopt a resolution of intention: declaring the legislative body's intention to order forn~ation of the district, to levy and collect assessments, (and if desired, to issue bonds or notes); generally describing the improvements; referring to the proposed assessment district by its distinctive designation and indicating the general ~ Cal. St. &; High. Code §§22500 - 22501 Z Cal. St. & High. Code §§23585 - 22587, 22594 s Cal. St. & High. Code §22525 Resolution No. 2004-073 N.C.S. location of the district; referring to the engineer's report, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones within the district, any bonds or notes to be issued, and the proposed assessments upon assessable lots and parcels of land with the district; and giving notice of, and fixing a time and place for, a hearing of the legislative body on the question of formation of the assessment district and the levy of the proposed assessment4; and, WHEREAS, the engineer of record ("Engineer") for the proposed Washington Creek Village Subdivision Landscape Assessment District ("District") prepared a report ("Report") concerning the District, District improvements ("Improvements") and the proposed assessment ("Assessment") in accordance with the requirements of the 1972 Act, filed a copy of the Report with the City Clerk and submitted a copy of the Report to the City Council for consideration; and, WHEREAS, by Resolution No. 2004-072 N.C.S. adopted May 3, 2004, the City Council of the City of Petaluma preliminarily approved the Report subject to pending proceedings, including. balloting proceedings and noticed hearing proceedings concerning the District in accordance with California Constitution Article XHID, California Government Code Section 53753 and the 1972 Act; and, WHEREAS, California Government Code Section 53753 (which implements California Constitution Article XIIID, known as Proposition 218) requires that prior to levying a new or increased assessment local agencies must provide mailed notice, including balloting materials and instructions as specified in Section 53753, to each record owner of a parcel within the proposed assessment at least 45 days prior to a public hearing on the assessment; and, WHEREAS, on Apri12, 2004, City staff mailed notices and balloting materials and instructions to each record owner of a parcel within the District announcing that ballots would be canvassed and a hearing conducted on May 17, 2004 on the formation of the District and levy and collection of the Assessment for the 2005 - 2006 fiscal year, and, for each future year following establishment of the District, of the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco-Oakland-San Jose from February 1; and, WHEREAS, the 1972 Act requires one published notice at least 10 days before the public hearing on the Assessment. NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows: 1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of Petaluma. ' Cal. St. & High. Code §22587 Resolution No. 2004-073 N.C.S. Page 2 2. The City Council of the City of Petaluma ("Council") finds in accordance with the 1972 Act and other applicable law that the public interest and convenience require and it is the intention of the Council to order the formation of the Turnbridge Subdivision Landscape Assessment District and to order the Improvements, generally described as plant material, trees, irrigation systems and other improvements located in public landscape areas and further described in the Report, and to levy and collect the assessment described in the Report for the fiscal year 2005- 2006 and, for each future year following establishment of the District, the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco-Oakland-San .Jose from February 1. 3. The general location of the District is: Petaluma, Sonoma County, California. The Report, which is on file in the office of the Petaluma City Clerk, contains a full and detailed description of the Improvements, the boundaries of the District and any zones within the District, the bonds to be issued, if any, and the proposed. assessments upon assessable lots and parcels of land within the District. 4. The Council intends that all costs and expenses of the Improvements in accordance with California Streets and Highways Code Section 22526 and 22569, and, for each future year following establishment of the District, the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco-Oakland-San Jose from February 1, are to be made chargeable against the assessable lots and parcels of land within. the District and apportioned in accordance with the Report.. 5. Notice is hereby given of a public hearing on Monday, May 17, 2004, at the hour of 7:00 p.m., in the regular meeting place of the Council, Council Chambers, City Hall, 11 English Street, Petaluma, California, immediately following the canvassing of ballots on the formation of the District and assuming a majority protest does not exist in accordance with California Government Code Section 53753. The hearing will be on the question of the formation of the District and levy and collection of the proposed assessment for the 2005-2006 fiscal year and, for each future year following establishment of the District, the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco- Oakland-San Jose from February 1. At the hearing, the Council will consider all statements and all written protests made. or filed by any interested person at or before the conclusion of the hearing concerning the Improvements, the boundaries of the District and any zone or zones in the District, the proposed diagram, the proposed assessment, the Engineer's Resolution No. 2004-073 N.C.S. Page 3 estimate of the cost of the Improvements and may act concerning the Assessment. 6. The City Clerk is hereby directed to publish notice of the hearing concerning the District one time in a newspaper of general circulation in the City and to conspicuously post a copy of the notice on the official bulletin board customarily used by the Council for posting notices at least 10 days before the hearing date. 7. The Parks and Land Manager is hereby designated as the person to answer inquiries regarding any proceedings and other matters related to the District, and maybe contacted during regular business hours at the Petaluma Community Center, 320 North McDowell Boulevard, Petaluma, CA 94954, (707) 778-4380. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution zvas introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting rm on the ........3:d day of .......May......................................., 20.Q4., by the following vote: ty ••••••••••••Y• i Attorne AYES: Mayor Glass, Harris; Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt NOES: None ABSENT: No ATTEST: .......................................~''~....~.~..11.~.................... City Clerk Mayor Council File Res. No.......2D0/A-07.3.........N.C.S.