HomeMy WebLinkAboutResolution 2016-155 N.C.S. 10/03/2016Resolution No. 2016 -155 N.C.S.
of the City of Petaluma, California
RESOLUTION PROPOSING FORMATION OF THE AVILA 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 "), 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 for formation of assessment districtsr;
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 collet 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 public hearing on the
assessment, adoption of a resolution ordering the improvements and formation of the district and
confrrrning the diagram and assessment 2; and
WHEREAS, improvements that may be funded under the 19072 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 local agency legislative bodies may designate
the engineer of record for purposes of the 1972 Ace; 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, 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.
1 Cal. St. & High. Code §§ 22500 - 22501
2 Cal. St. & High. Code § §22585 — 22587, 22594
3 Cal. St. & High. Code §22525
4 Cal. St. & High. Code §22523
5 Cal. St. & High. Code §22585
Resolution No, 2016 -155 N.C.S. Page 1
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: Landscape maintenance
services, including, but not limited to, care of landscape plants, replacement plantings, tree
trimming as necessary, operation, maintenance and repair / replacement of irrigation systems,
mowing, vegetation removal, weed and other landscape pest control as necessary, periodic litter
removal, vandalism repair, periodic mulch replenishment, the costs of water and electricity, all in
a street public right of way; maintenance and cleaning of the underground storm water detention
pipe and maintenance and cleaning of the storm water treatment areas; also maintenance, repair
and replacement of fence in Parcels A, B, C, E & F. All maintenance service areas are situated
within the Avila Ranch Subdivision in the City of Petaluma. All maintenance areas are shown on
Exhibits A -1 & A -2.
4. The proposed assessment district shall be designated the Avila Ranch Subdivision
Landscape and Lighting Assessment District, City of Petaluma, Sonoma County, California, and
shall include the land shown on the map designated "Assessment Diagram, Avila Ranch
Landscape and Lighting Assessment District, City of Petaluma, Sonoma County, California"
which map is on file with the Petaluma City Clerk.
5. Curt Bates, City Engineer, of the City of Petaluma, ( "Engineer ") is 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 Avila Ranch
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
Council of the City of Petaluma at a Regular meeting on the 3rd day of October,
2016, by the following vote:
AYES: Albertson, Barrett, Healy, Miller°
NOES: None
ABSENT: Mayor Glass, Vice Mayor King
ABSTAIN: Kearney
ATTEST:
City Clerk Mayor Pro Tem
as to
Resolution No. 2016 -155 N.C.S. Page 2