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HomeMy WebLinkAboutResolution 2003-189 N.C.S. 09/15/2003~ ~~ Resolution No.2003-1~9N.C.S. of the City of Petaluma, California P12ELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR THE TURNBRIDGE SUBDIVISION LANDSCAPE ASSESSIVIENT DISTRICT 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 assessmentZ; and, WHEREAS, improvements that may be 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, reports under the 1972 Act must: be prepared for each fiscal year for which assessments are to be levied and collected to pay the cost of assessments described in the report, refer to the assessment district by .its designation, specify the fiscal year to which the report applies, and contain improvement plans and specifications, an estimate of the improvement costs, a diagram of the district, an assessment of the estimated costs of the improvements, and estimate of the principal amount of improvement bonds or notes to be issued4 and, ~ Cal. St. & High. Code §§22500, 22501 Cal. St. & High. Code §§23585 - 22587, 22594 s Cal. St. & High. Code §22525 a Cal. St. & High. Code §§22565 - 22567 Resolution No. 2003-189 N.C.S. r WHEREAS, plans and specifications in reports under the 1972 Act must show or describe the general nature, location and extent of existing and proposed improvements, indicate the class and type of improvements to be provided for each zone, if the assessment district is divided into zones, and may be separate documents or incorporated with the diagram of the districts; and, WHEREAS, the estimate of improvement costs must include all costs of constructing, installing, maintaining and servicing the improvements, (including incidental expenses such as the cost of report preparation, printing, advertising, notice, publication costs, compensation payable to the county for assessment collection, compensation of any engineer or attorney employed to render services in proceedings under the 1972 Act, costs associated with elections for approval of new or increased assessments, any other expenses incidental to the construction, installation, maintenance or servicing of the improvements or improvement bonds or notes, and a reserve that may not exceed the estimated cost of maintenance servicing to December 10 of the fiscal year, or whenever the agency expects to receive special assessment proceeds from the county, whichever is later), the amount of any surplus or deficit in the improvement funds to be carried over from a previous fiscal year, the amount of any contributions from sources other than assessments levied under the 1972 Act, the amount of the annual installment for the fiscal year if the agency legislative body has ordered the assessment for the estimated improvement costs to levied and collected in annual installments, and the net amount to be assessed upon assessable lands within the assessment district, as the total improvement costs less any amounts of surpluses or deficits, contributions to be made from other sources, or annual installments;. and, WHEREAS, the diagram of an assessment district must show the exterior boundaries of the assessment district, the boundaries of any zones within the district, and the lines or dimensions of each lot or parcel within the district, with each lot or parcel identified by a distinctive number or letter; and, WHEREAS, the assessment included in the engineer's report must refer to the fiscal year to which it applies and state the net amount determined in accordance with Government Code Section 22569 to be assessed upon assessable lands with the district (including an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any improvement bonds or notes issued), describe each assessable lot or parcel within the district, and assess the net amount on all assessable lots or parcels with the district by apportioning that amount among the lots or parcels in proportion to the estimated benefits to be received by each lot or parcel8; and, WHEREAS, the net amount to be assessed upon land within an assessment district may be apportioned by any formula or method that fairly distributes the net 5 Cal. St. & High. Code §22568 6 Cal. St. & High. Code §22526, 22569 ~ Cal. St. & High. Code §22570 $ Cal. St. & High. Code §22571 Resolution No. 2003-189 N.C.S. Page 2 r~ amount among all. assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, and the determination of whether or not. a lot or parcel will benefit from the improvements must be made in accordance with the Improvement Act of 1911 (California Streets and Highways Code Section 5000 and following)9; and, WHEREAS, the assessment district diagram and assessment may classify areas within an assessment district into different zones where the various zones will receive differing degrees of benefit from the improvements, with each zone consisting of territory that will receive substantially the same degree of benefit from the improvements10; and, WHEREAS, by Resolution No. 2003-187 N.C.S. adopted September 15, 2003, the City Council of the City of Petaluma designated Craig Spaulding, City Engineer, as the Engineer of Record ("Engineer") for the proposed Turnbridge Subdivision Landscape Assessment District ("District"); and, WHEREAS, the Engineer has prepared such a report ("Report") concerning the District 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, the City Council has duly considered the Report. NOW, 'T'HEREFORE, 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 plans and specifications for the improvements ("Improvements") that exist within or are to be constructed within the District, which are included as part of the Report, describe the general nature, location and extent of existing and proposed improvements, indicate the class and type of improvements to be provided for each zone, if the assessment district is divided into zones, and such plans and specifications are hereby preliminarily approved. 2. The Engineer's estimate of the cost of the Improvements in accordance with the 1972 Act, which estimate is included as part of the Report and includes, but is not limited to, the cost of installing, maintaining and servicing the improvements, incidental costs, a reserve, and the Engineer's estimate of the net amount to be assessed upon assessable lands within the District, is hereby preliminarily approved. 3. The diagram of the District ("Diagram"), which is included as part of the Report, and which shows the exterior boundaries of the District, the boundaries of any 9 Cal. St. & High. Code §22573 10 Cal. St. & High. Code §22574 Resolution No. 2003-189 N.C.S. Page 3 zones within the District, and the lines or dimensions of each lot or parcel within the District, with each lot or parcel identified by a distinctive number or letter, is hereby preliminarily approved. 4. The proposed assessment, which is included as part of the Report, refers to the fiscal year to which it applies, states the net amount determined in accordance with Government Code Section 22569 to be assessed upon assessable lands with the District, describes each assessable lot or parcel within the district, assesses the net amount on all assessable lots or parcels within the District by apportioning that amount among the lots or parcels in proportion to the estimated benefits to be received by each lot or parcel, and is hereby preliminarily approved. 5. The preliminary approvals set forth in this resolution are subject to pending proceedings, including balloting proceedings and noticed hearing proceedings concerning the District in accordance with California Constitution Article XIIID, California Government Code Section 53753 and the 1972 Act. 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 Approved as to Council of the ~'yity of Petaluma at a (Regular) (Adjourned) (Special) meeting orm on the ..........15............ day of ........ Se~tem er ............................ 20..(..x.3., by the following vote: ••••••••• •~ ••••••• •y••••••• i Attorne AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt NOES: None ABSENT: Noe ATTEST: ......................... ............................................................ ...........!:.. .....,... ........................... City Clerk Mayor Council File .. .. Res. No ...................................N.(.S.