HomeMy WebLinkAboutResolution 2016-157 N.C.S. 10/03/2016Resolution No. 2016 -157 N.C.S.
of the City of Petaluma, California
RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE
CITY OF PETALUMA TO ORDER THE LEVY AND COLLECT ASSESSMENTS FOR
THE AVILA RANCH SUBDIVISION LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT AND SETTING A PUBLIC HEARING ON THE FORMATION OF THE
ASSESSMENT DISTRICT 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 assessment; 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 events; 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 formation 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 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 assessment; and
WHEREAS, the engineer of record ( "Engineer ") for the proposed Avila Ranch
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
Resolution No. 2016 -157 N.C.S. Page 1
WHEREAS, by Resolution No. 2016 -156 N.C.S. adopted October 3, 2016, 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 XIIID, California Government Code
Section 53753 and the 1972 Act;
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 August 24, 2016, City staff delivered 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 October 17, 2016 on the formation of the District and levy
and collection of the Assessment for the 2017 -2018 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.
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 Avila Ranch 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 2017 -2018 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 fiom February 1, are to be made chargeable
Resolution No. 2016 -157 N.C.S. Page 2
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, October 17, 2016, at the hour
of 7:00 PM, 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 2017 -2018
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 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 Facilities Manager is hereby designated as the person to answer
inquiries regarding any proceedings and other matters related to the District, and may be
contacted during regular business hours at the Public Works & Utilities Department, 202 N.
McDowell Blvd. Petaluma, Ca 94954, 707 - 778 -4321.
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 proved as to
Council of the City of Petaluma at a Regular meeting on the 3`d day of October, orm:
\�—v2016, by the following vote:
X
Cty'Attorney
AYES: Albertson, Barrett, Healy, Miller
NOES: None
ABSENT: Mayor Glass, Vice Mayor King
ABSTAIN: Kearney
ATTEST:
City Clerk Mayor Pro Tern
Resolution No. 2016 -157 N.C.S. Page 3