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HomeMy WebLinkAboutResolution 2004-071 N.C.S. 05/03/2004 Resolution No.2004-071 N.C.S. of the City of Petaluma, California PROPOSING FORMATION OF THE WASHINGTON CREEK VILLAGE SUBDIVISION LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT AND INITIATING PROCEEDINGS FOR FORMATION OF THE DISTRICT, INCLUDING A DESCRIPTION OF THE IMPROVEMENTS AND THE DISTRICT, DESIGNATION OF THE CITY ENGINEER AS ENGINEER OF RECORD FOR THE DISTRICT, AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT 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 districtsl; 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 ox 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 local agency legislative bodies may designate the engineer of record for purposes of the 1972 Act4; and, WHEREAS, the 1972 Act provides for initiation of proceedings for formation of assessment districts by adoption of a resolution proposing formation of a district, ~ Cal. St. & High. Code §§22500 - 22501 ~ Cal. St. & High. Code §§23585 - 22587, 22594 3 Cal. St. & High. Code §22525 a Cal. St. & High. Code §22523 Resolution No. 2004-071 N.C.S. describing the improvements, describing the district, specifying a distinctive designation for the district and ordering the engineer of record to prepare and file a report in accordance with the requirements of the 1972 Acts. 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. 2. The City Council proposes to form an assessment district pursuant to the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 and following). 3. The improvements to be funded are described as follows: The maintenance of all the public landscaping improvements as part of "Washington Creek Village Subdivision" consisting of plant material, trees, outdoor furniture, pathway lighting, irrigation systems, soundwall and street lighting located in the following public areas. Public landscape areas are defined as those areas that are irrigated from water meters separate from residential water meters. Public landscape Area 1 includes the Washington Creek area bounded by Prince Park on the east, and a line continuing from the western lot line of lot 15 across the creek to Linnet Lane on the west..This area is bounded on the north side of the creek by lots 16 through 20 and 22 through 27 and the south side of the creek by lots 1, 2, 15, and Catenacci Court. Public landscape Area 2 includes the north side of East Washington St. from back of curb to the soundwall both east and west of Catenancci Court and bounded on the north by lots 3 through 11. Public landscape Area 3 includes the landscaped islands within the cul-de-sac of Catenacci Court. In addition, the Landscape and Lighting Assessment District shall maintain the street lighting located within the boundaries of Washington Creek Village on Hawk Drive, Noriel Lane and Catenacci Court. 4. The proposed assessment district shall be designated the Washington Creek Village Subdivision Landscape and Lighting Assessment District, City of Petaluma, Sonoma County, California, and shall include the land shown on the map designated "Assessment Diagram, Washington Creek Village Landscape and Lighting Assessment District, City of Petaluma, Sonoma County, California" which map is on file with the Petaluma City Clerk. s Cal. St. & High. Code §22585 Resolution No. 2004-071 N.C.S. Page 2 5. Craig Spaulding, City Engineer, of the City of Petaluma, ("Engineer") i~s hereby designated engineer of record for the purpose of the proposed formation pursuant to the 1972 Act. 6. The City Council hereby directs the Engineer to prepare and file with the City Clerk and to submit to the City Council for approval a report concerning the proposed Washington Creek Village Subdivision Landscape and Lighting Maintenance District in accordance with California Streets and Highways Code Section 22565 and following. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A proved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting o on the ........3:d day of .......May......................................., 2004., by the following vote: C ty Attorney AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt NOES: None ABSENT: None ATTEST: City C erk Mayor Council File Res. No.......Z(10~t-.07.1..........N.C.S.