HomeMy WebLinkAboutResolution 2016-168 N.C.S. 10/17/2016Resolution No. 2016 -168 N.C.S.
of the City of Petaluma, California
RESOLUTION DECLARING THE RESULTS OF BALLOTING TABULATED IN
ACCORDANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
AND CALIFORNIA GOVERNMENT CODE SECTION 53753, ORDERING
IMPROVEMENTS AND CONFIRMING THE DIAGRAMS AND ANNUAL
ASSESSMENTS FOR THE AVILA RANCH SUBDIVISION PURSUANT TO THE
LANDSCAPE AND LIGHTING ACT OF 1972 FOR THE 2017 -2018 FISCAL YEAR
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; I 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; 2 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; 3 and
WHEREAS, by Resolution No. 2016 -155 N.C.S. adopted October 3, 2016, the City
Council of the City of Petaluma initiated proceedings for formation of the Avila Ranch
Subdivision Landscape & Lighting Assessment District ( "District "), designated Curt Bates, City
Engineer, as the Engineer of Record ( "Engineer ") for the proposed District, and ordered the
Engineer to prepare and file a report pursuant to the 1972 Act; and
WHEREAS, the Engineer 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, at its regular meeting on October 3, 2016, the City Council of the City of
Petaluma duly considered the Report and found that it complied with all applicable requirements
of the 1972 Act and other applicable law, including the requirements that the Report refer to the
I Cal. St. & High. Code § §22500 - 22501
2 Cal. St. & High. Code § §23585 - 22587, 22594
3 Cal. St. & High. Code §22525
Resolution No. 2016 -168 N.C.S. Page 1
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 issued, if any; and
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; and
WHEREAS, by Resolution No. 2016 -157 N.C.S. adopted October 3, 2016, the City
Council of the City of Petaluma declared its intention to order the levy and collect assessments
for the District and set a public hearing on the formation of the District and levy of the proposed
assessment pursuant to 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 August 24, 2016 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 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 mailed notices included: the total amount of the proposed Assessment
chargeable to the entire District, the amount chargeable to the record owner's parcel, the duration
of the payments, the reason for the Assessment and the basis upon which the amount of the
proposed Assessment was calculated, the date, time and location of a public hearing on the
proposed Assessment, a summary of the procedures for the completion, return, and tabulation of
the Assessment ballots, including a statement that the Assessment shall not be imposed if the
ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the
Assessment, with ballots weighted according to the proportional financial obligation of the
affected property, an assessment ballot, including the City's address for receipt of ballots, a place
for the person returning the ballot to indicate his or her name, reasonable identification of the
parcel, and his or her support of opposition to the proposed Assessment;4 and
WHEREAS, the 1972 Act requires one published notice at least 10 days before the
public hearing on the Assessment; and
WHEREAS, on September 1, 2016 City staff published notice in accordance with
California Government Code Section 6061 of the public hearing on the Assessment; and
4 Cal. Gov't. Code §53753(b), (c)
Resolution No. 2016 -168 N.C.S. Page 2
WHEREAS, ballots mailed concerning the proposed Assessment were in a form that
concealed their contents once sealed by the person submitting the ballot, and all assessment
ballots were received at the address indicated on the ballot for tabulation; and
WHEREAS, on October 17, 2106, at a regularly scheduled meeting at the time date and
place stated in the mailed and the published notices, the City Council of the City Petaluma
conducted a hearing on the proposed Assessment, permitted any interested person to present
written or oral testimony, and considered all objections or protests to the proposed Assessment,
including any objections to the Improvements, maintenance of the Improvements, the extent of
the District, and /or any zones within the District, the District diagram, and the Engineer's cost
estimate, and the City Council of Petaluma fully considered any such written or oral testimony
concerning the proposed Assessment;5 and
WHEREAS, ballots on the Assessment were permitted to be submitted, changed or
withdrawn by the person who submitted the ballot until the conclusion of the public testimony at
the hearing on the proposed Assessment, and ballots remained sealed until the City Clerk
commenced tabulation of the ballots following the conclusion of public testimony;6 and
WHEREAS, if there is a majority protest against the imposition of a new assessment or
the extension or increase of an existing assessment, the assessment may not be imposed,
extended, or increased;7 and
WHEREAS, a majority protest exists if assessment ballots submitted and not withdrawn
in opposition to the proposed assessment exceed the assessment ballots submitted, and not
withdrawn, in favor of the assessment, weighting the assessment ballots by the amount of the
proposed assessment to be imposed on the identified parcel for which each assessment ballot was
submitted;$ and
WHEREAS, following the conclusion of the public testimony on the proposed
Assessment, the City Clerk tabulated one (1) ballot submitted and not withdrawn in support of
the proposed Assessment, and zero (0) ballots submitted and not withdrawn in opposition to the
proposed Assessment; and
WHEREAS, when weighted according to the amount of the proposed Assessment to be
imposed upon the parcel for which each assessment ballot was submitted, the ballots submitted
and not withdrawn in opposition to the proposed Assessment did not exceed the ballots
submitted and not withdrawn in support of the proposed Assessment, and thus a majority protest
does not exist concerning formation of the Assessment; and
WHEREAS, if a majority protest has not been filed concerning a proposed assessment,
the legislative body may adopt a resolution ordering the improvements and the formation of the
assessment district and confirming the diagram and assessment either as originally proposed by
the legislative body or as changed by it, and adoption of the resolution constitutes levy of an
assessment for the first year referred to in the assessment;9 and
s Cal. Gov't. Code §53753(d)
6 Cal. Gov't. Code §53753(c), (e)
Cal. Gov't. Code §53753(e)(3)
s Cal. Gov't. Code §53753(e)(2)
9 Cal. St. & High. Code §22594
Resolution No. 2016 -168 N.C.S. Page 3
Findings
WHEREAS, the City Council of the City of Petaluma finds, based on substantial
evidence in the whole record before the Council, as follows:
1. Formation of the proposed District and levy of the proposed Assessment is for the
purpose of meeting operating expenses of maintaining the District and the Improvements in
accordance with the 1972 Act, and /or for the purpose of obtaining funds for capital projects
necessary to maintain services within existing service areas in accordance with Title 14, Section
15273, subsection (a)(4) of the California Environmental Quality Act ( "CEQA ") Guidelines.
2. Maintenance of the Improvements funded pursuant to the Assessment constitutes
maintenance of existing landscaping in accordance with Title 14, Section 15301, subsection (h)
of the CEQA Guidelines.
3. The Improvements constitute minor public alterations in the condition of land,
water and /or vegetation that do not involve removal of healthy, mature scenic trees in the form of
new gardening or landscaping in accordance with Title 14, Section 15304, subsection (b).
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. Formation of the proposed District and levy of the proposed Assessment, the
Improvements and maintenance of the Improvements are exempt from CEQA in accordance with
Title 14, Section 15273, subsection (a)(4), Section 15301, subsection (h) and Section 15304,
subsection (b) of the CEQA Guidelines.
3. All protests against the Improvements, the proposed District and annual
Assessment proposed for Fiscal year 2017 -2018, including protests against maintenance of the
Improvements, the extent of the District and /or any zones in the District, the District diagrams or
the Engineer's estimate of the cost of the Improvements and /or their maintenance have been
received and considered.
4. The District that will benefit from and be assessed for the Improvements and their
construction and /or installation and maintenance is situated in the City of Petaluma, California
and is more particularly described in the diagrams of the District contained in the Engineer's
Report on file in the office of the City Clerk. The Engineer's Report is attached to and made a
part of this resolution as Exhibit A. The diagram of the District indicates by a boundary line the
extent of the territory included in the District and any zone within the District and the general
location of the District.
5. The plans and specifications for the Improvements (both existing and proposed)
within the District as contained in the Engineer's Report are adopted and approved.
6. The Engineer's estimate of the cost of the Improvements, and of constructing
and /or installing and maintaining the Improvements as contained in the Engineer's Report is
adopted and approved.
Resolution No. 2016 -168 N.C.S. Page 4
7. The public interest, convenience and necessity require and the City Council of the
City of Petaluma hereby orders the Improvements to be made and /or installed and maintained as
described in the Engineer's Report.
8. The public interest, convenience and necessity require and the City Council of the
City of Petaluma hereby orders the formation of the District and the levy and collection of
assessments, including the annual Assessment proposed for the 2017 -2018 fiscal year pursuant to
the 1972 Act and other applicable law for the construction and /or installation and maintenance of
the improvements as described in the Engineer's Report.
9. The diagram showing the exterior boundaries of the District and the boundaries of
any zone within the District and the lines and dimensions of each lot or parcel of land within the
District as such lot or parcel is shown on the County Assessor's map for the applicable fiscal
year, each lot or parcel of land of which has been given a separate number on such diagram, as
contained in the Engineer's Report, is approved and confirmed.
W. The Assessment of the total amount of the costs and expenses, including
incidental expenses, concerning the Improvements fairly distributes such costs among all
assessable lots or parcels of land within the District in proportion to the estimated benefits to be
received by such lots or parcels from the Improvements and from the maintenance of the
Improvements as contained in the Engineer's Report, and such Assessment is approved and
confirmed.
11. The entire Engineer's Report concerning the District, the Improvements, related
costs and the Assessment is adopted and approved.
12. The City Clerk is directed to file with the Auditor - Controller of Sonoma County
the Assessment and any attachments and diagrams as confirmed by the City Council of the City
of Petaluma along with a certificate of such confirmation to be attached to the Assessment.
13. The Sonoma County Auditor - Controller and the Sonoma County Tax Collector
are directed pursuant to the 1972 Act to apply the Assessment filed with the Auditor - Controller
as contained in the Engineer's Report on file with the City Clerk to the tax roll and the Sonoma
County Tax Collector is directed in pursuant to the 1972 Act to collect the Assessment in the
same manner as all other such assessments collected by the Sonoma County Tax Collector.
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 Aproved as to
Council of the City of Petaluma at a Regular meeting on the 17`h day of October, a{ form:
2016, by the following vote:
City Attorney
AYES: Albertson, Barrett, Mayor Glass, Healy, Vice Mayor King, Miller
NOES: None
ABSENT: None
ABSTAIN: Kearney
`J
'h r
ATTEST:
City Clerk ayor
Resolution No. 2016 -168 N.C.S. Page 5
Exhibit A
ENGINEER'S REPORT
AVILA RANCH SUBDIVISION
LANDSCAPE ASSESSMENT DISTRICT
CITY OF PETALUMA
OCTOBER 3, 2016
Prepared under the direction of-
Curt M. Bates, City Engineer Date
Resolution No. 2016 -168 N.C.S. Page 6
AVILA RANCH SUBDIVISION
LANDSCAPE ASSESSMENT DISTRICT
DESCRIPTION OF SERVICES
Each of the 21 parcels included in the Avila Ranch LAD receive equal special benefit from all of
the improvements and maintenance of the improvements. These include irrigated landscaped
strips between curb and sidewalk throughout the subdivision as well as the common storm water
treatment and detention system, and gateway landscaped entrance to the subdivision. These
improvements do not provide any significant general public benefit because the development has
limited public access and primarily serves the residents occupying the subdivision. Based on this,
the assessment for each parcel does not exceed the reasonable cost of the proportional special
benefit each parcel receives.
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.
Resolution No. 2016 -168 N.C.S. Page 7
AVILA RANCH SUBDIVISION
LANDSCAPING ASSESSMENT DISTRICT
MAINTENANCE COSTS
FISCAL YEAR 2016 -2017
Supervision
Landscape Maintenance
Regular Maintenance
Plant Replacement
Backflow Inspection
Water
Electricity
Storm Water Treatment & Detention System
Inspection & Report
Cleaning (Gutters)
Maintenance (every 4 years)
Replacement (Gutters)
Fence Maintenance & Replacement
$3,000.00
$200.00
$105.00
$2,000.00
200.00
$300.00
$600.00
$600.00
$840.00
Resolution No. 2016 -168 N.C.S. Page 8
AVILA RANCH SUBDIVISION
LANDSCAPING ASSESSMENT DISTRICT
FISCAL YEAR 2016 -2017
ESTIMATED ASSESSMENT DISTRICT ANNUAL COSTS
Supervision $1,300
Landscape Maintenance $5,505
Regular Maintenance, Plant
Replacement, Inspection,
Water & Electricity
Storm Water Treatment & Detention System $2,340
Inspection, Report, Cleaning, Maintenance &
Replacement
Fence Maintenance & Replacement $1,200
Reserve Contingency 10% $1,034
County Collection Fee (0.0085 %) x Total Annual Assessment $63
City Administration (.15 %) x Regular Maintenance $1,177
Number of Parcels to be Assessed
21
Resolution No. 2016 -168 N.C.S. Page 9
Total Costs Per Parcel to be Assessed
60.90
Total annual assessment $12,619
AVILA RANCH SUBDIVISION
LANDSCAPING ASSESSMENT DISTRICT
FISCAL YEAR 2015 -2016
PROPERTY OWNERS LIST:
Parcel Property Owner's
Numbers Name & Address
1 -21 Ryder Homes of California, Inc.
1425 Treat Blvd.
Walnut Creek, Ca 94597
Resolution No. 2016 -168 N.C.S. Page 10
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