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HomeMy WebLinkAboutResolution 2007-170 N.C.S. 09/17/2007 Resolution No. 2007-170 N.C.S. of the City of Petaluma, California APPROVING OUTSIDE SERVICE AREA AND DEFERRED ANNEXATION AGREEMENT BETWEEN THE CITY OF PETALUMA AND THE SOUTHERN SONOMA COUNTY RESOURCE CONSERVATION DISTRICT AND AUTHORIZING EXECUTION THEREOF BY THE CITY MANAGER WHEREAS, since at least 1965, the RCD and its predecessors, the Petaluma Soil Conservation District and the Petaluma Resource Conservation District ("PSCD and PRCD") have provided services to geographical areas within the City limits of City and within the Petaluma River watershed in order to protect watershed resources on public and private property, support the viability of agriculture and conserve and enhance wildlife habitat; and, WHEREAS, said areas consist of six tax rate areas as identified by the Sonoma County Auditor, namely Sonoma County 003-000; 003-018; 003-026; 003-060; 003-074; and (currently inactive) 003-023, referred to hereafter as the "Tax Rate Areas"; and, WHEREAS, the City has cooperated with the RCD on various projects including the creation of a local watershed council to improve water quality and groundwater recharge, monitoring of effluent disposal on ranch lands, addressing individual landowner questions concerning erosion, animal waste and related problems and many other projects of value to the citizens of Petaluma and the RCD; and, WHEREAS, the RCD's current flood control, channel maintenance, and revegetation projects for the Sonoma County Water Agency include sections of Lichau Creek, Adobe Creek, and a specific reach of the Petaluma River; and, WHEREAS, city wishes to continue to have the RCD perform these and related services, which are crucial to the City's protection of its natural resources; .and, WHEREAS, the RCD receives a portion of its funding from a percentage of property taxes collected from properties within RCD boundaries; and, WHEREAS, since at least 1965, the RCD and its predecessors, the PSCD and PRCD have received a percentage of property taxes collected from the Tax Rate Areas; and, WHEREAS, since at least 1965, the RCD and its predecessors, the PSCD and PRCD, have provided services as described above to areas within Tax Rate Areas; and, WHEREAS, the boundaries for the PSCD were established in 1956 by Sonoma County Board of Supervisors ("Board") Resolution 9365 and included the Tax Rate Areas in the service area of the PSCD; and, WHEREAS, in October, 1956, for reasons now unknown, the Sonoma County Board of Supervisors passed Resolution 10245, which expressly excluded the City's then-boundaries, represented by the Tax Rate Areas,. from the PSCD; and, WHEREAS, a subsequent Board of Supervisors resolution in 1964 directed the Sonoma County Clerk to submit the PSCD map and boundaries to the State Board of Equalization; and, WHEREAS, it is assumed from review of State Board of Equalization records from 1965 that the Tax Rate. Areas were included in the PCSD for the purposes of tax collection for services; and, Resolution No. 2007-170 N.C.S. Page ~ WHEREAS, in 1986, the present RCD was formed from the merger of the PRCD and the Sonoma Valley Resource Conservation District (SVRCD). The merger and boundary designations were based on the 1956 resolution excluding the City; and, WHEREAS, the RCD nevertheless continued to provide services and continued to receive tax income from the Tax Rate Areas; and, WHEREAS, in 2006, the discrepancy between the formal RCD boundary and the Petaluma area which is served by the RCD and from which the RCD receives property tax income was identified by the Sonoma County Local Area Formation Commission ("LAFCO"); and, WHEREAS, the RCD share of property tax income from the Tax Rate Areas for FY2007-2008 is expected to be collected in the approximate amount of $3,900; and, WHEREAS, the City wishes to continue to receive services throughout its current City limits, including the Tax Rate Areas, from the RCD; and, WHEREAS, the RCD intends to present to LAFCO as expeditiously as possible a resolution annexing the Tax Rate Areas into the RCD; and, WHEREAS, the City wishes to agree to the annexation of the Tax Rate Areas into the RCD; and, WHEREAS, in the interim, the RCD and the City wish to continue the status quo and allocate the approximate amount of $3,900 of FY2007-2008 property tax income collected from the Tax Rate Areas to the RCD so that the RCD may continue its provision of services to the Tax Rate Areas in FY2007-2008; and, WHEREAS, because the RCD was providing services to the City on and before January 1, 2001, prior written approval ofLAFCO for this Outside Area Services Agreement is not required, pursuant to Government Code section 56132(e). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Petaluma that-the above recitals are true and correct and hereby declared to be findings of the City Council of the City of Petaluma; and, BE IT FURTHER RESOLVED that the City Council of the City of Petaluma approves an Outside Service Area and Deferred Annexation Agreement between the City of Petaluma and the Southern Sonoma County Resource Conservation District, in a form substantially similar to that set forth in Exhibit A hereto, and authorizing the City Manager to execute said Agreement. 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 Ap ed a to Council of the City of Petaluma at a Regular meeting on the 1 T~ day of September, f~' rm: 2007, by the following vote: ~C City At rney AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt NOES: None :4BSENT: None ABSTAIN: None _ ~ ~ f ATTEST: _ u City Clerk M or - Resolution No. 2007-170 N.C.S. Page 2 20~~123~~2 RECORIDING REQUESTED BY: OFFICIAL RECORDS OF SONOMA COUNTY CITY OF PETALUMA GENERAL PUBLIC JANICE ATKINSON "Y1 /3'9'/,2007 08.:22 AGM c RECORDING FEE; 0.00 6 PGS WHEN RECORDED MAIL TO: eAio PE~ogoFq ' n: City Clerk H m ~o 'City of Petaluma I 1 English Street Petaluma, CA 949.52-2610 This Space for Recorder's Use Only EXEIYIPT FI201VI RECORDING FEES pursuant to Government Code §27383, which reads: "No fee shall be charged by the recorder for services.rendered to the State, to any municipality, county in the State or other political subdivision thereof, except for making a copy of a paper or record." OUTSIDE SERVI-CE AREA .AND DEFERRED ANNEXATION AGREEMENT RE'TWEEN THE. CITY OF PETALITMA AND THE SOUTHERN SON.OIVIA COUNTY RESOURCE CONSERVATION DIST-RIOT This Agreement ("Agreement") is made this da~.of--September, 2007.by and between the City of Petaluma, a mtmicipal ,.corporation ("City") and the Southern Sonoma County Resource Conservation PCSD, a California special PCSD ("RCD") with reference to the following facts: RECITALS A. Since at least 1965, the RCD and its predecessor, the Petaluma Soil Conservation District ("PCSD") have provided services to geographical areas within the City limits of City and within the Petaluma River watershed in order to protect watershed resources on public and. private property, support°the viability of agriculture and conserve and enhance wildlife habitat. These areas consist of six tax rate areas. as identified by the Sonoma County Auditor, namely Sonoma County 003-000; 003-:018;, 003-026; 003-060; 003-074; and (currently inactive) 003-023. These areas are referred to hereafter as the "Tax Rate Areas." B. The City has cooperated with the RCD on various projects including the creation of a local watershed' council to improve water c~ua~lity and. groundwater recharge, monitoring of effluent. disposal on ranch lands, addressing individual landowner questions concerning erosion, animal waste and related problems and many other projects of value to the citizens of Petaluma and the RCD. 1 EXHIBIT "A" TO RESOLUTION ~LI ~i C. The RCD'•s current flood control, ohannel maintenance, and revegetation projects for the Sonoma County Water Agency include sections of Lichau Creek, Adobe Creek, and a speeific'reach of the Petaluma River. D. City wishe"s to continue to have the RCD perform these and related services, which are crucial to the City's protection of its natural resources. E. The RCD receives a portion of its funding from a percentage of property taxes . collected from properties within RCD boundaries. F. Since. at least 1965, the RCD and its predecessor, the PSCD has received a percentage of property taxes collected from the Tax Rate Areas. G. Since at least 1965, the RCD and its predecessor, the PSCD, have provided. services as described above to areas within Tax Rate Areas. H. The boundaries for the PSCD were established in 1956 by Sonoma County Board of Supervisors ("Board") Resolution 9365 and included the Tax Rate Areas in the service area of the PSCD. I. In October, 1956, for reasons now unknown, the Sonoma County Board of Supervisors passed. Resoluti`ori 10245, which expressly excluded the City's then- boundaries, represented by the Tax Rate Areas, from the PSCD. J. A ,subsequent Board of Supervisors resolution in 1964 directed the Sonoma County Clerk to submit the PSCD map and boundaries to the State Board of Equalization. K. From review of State Board of Equalization records from 1965, it appears that the Tax Rate Areas were included in the PCSD for the purposes of tax collection for services, probably as.a clerical error. . L. In 1986, the present RCD was formed from the merger of the PCSD and the Sonoma Valley Soil Conservation PCSD. The merger and boundary designations were based on the 1956 resolution excluding the City. M. H:oweyer; the RCD continued to provide services and continued to receive tax income from the Tax Rate Areas. N. In 2Q06, the discrepancy between the formal RCD' boundary and the Petaluma area which is served by the RCD acid from which the RCD receives property tax income was identified' by the Sonoma County Local Area Formation Commission ("LAFCO"). O. The RCD share of property tax income from the Tax Rate Areas for Fiscal Year 2007-200$ is expected to be collected in the approximate amount of $3,900. 2 EXHIBIT "A" TO RESOLUTION P. The.. City wishes. to continue to receive services throughout its current City limits, including the Tax Rate. Areas; from the RCD. Q. The RCD intends to present to LA FCO as expeditiously as possible a resolution annexing the Tax Rate Areas into the RCD. R. The City wishes to agree to the annexation of the Tax Rate Areas into the RCD. S. In the interim, the RCD and the.City wish to continue the status quo and allocate the approximate amount of $3:,900 of Fiscal Year 2007-2008 property tax income collected from the Tax Rate Areas to the RCD so that it may continue its provision of services`to the Tax Rate Areas in Fiscal Year 2007-2008. T. Because the RCD was providing services to the City on and before,January 1, 200:1, prior written approval of LAFCO for this Outside Area Services Agreement is not required; pursuant to Government Code section 56133(e). AGREEMENT In consideration of the Southern Sonoma County Resource Conservation District ("RCD") agreeing to continue to provide resource conservation services to the City of Petaluma ("City"), RCD and the City hereby agree as follows: 1,. The effective date of this Agreement will be the last date on which either the City Council or the RCD execute this Agreement following the adoption of resolutions of the City and the .RCD, respectively, approving this Agreement and authorizing its execution. 2. .Subject to all rights of City and RCD under applicable law, the RCD will continue to provide to City resource conservation services in the same manner and to the same areas of City which RCD has provided services since 1965. 3. City- will. request that the Sonoma County Tax Auditor apportion to RCD the portion. of property taxes for Fiscal Year 2007 2008 collected in the Tax Rate Areas of City described herein which .would be payable to RCD if the Tax Rate Areas were included in the boundaries of the RCD, in the approximate amount of $3,900, as sole compensation for RCD's services to City for the Fiscal Year 2007-2008. 4. City shall not be required by the terms of this Agreement to pay any compensation to RCD other than. the allocation of property taxes for Fiscal Year 2007- . 2008 described above, nor shall this Agreement impose any new or additional obligations on RCD. 3 EXHIBIT"A" TO RESOLUTION ~S~ 5. ~By executing th's Agreement a. City consents to the :annexation of the Tax Rate Areas into the boundaries of the RCD without hearing or an election; and b. City waives any right to protest annexation of the Tax Rate Areas . into the boundaries of the RCD; and, c. RCD agrees to adopt a resolution annexing the Tax Rate Areas into the RCD and present an annexation. application to LAFCO as expeditiously as possible following execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document the . day, month and year first above written. CITY OF PETALUMA SOUTHERN SONOMA COUNTY RESOURCE CONSERVATION DISTRICT City Manager Name ~ sLa.,n~' [ATTACH NOTARIAL ACKNOWLEDGMENTS] Title Address 7 t ~~o, ~A `fig City, State, Z'ip ~ ATTEST: ATTEST: t City Clerk erk of the Boar APPROVED AS TO FORM: .APPROVED AS TO FORM: I City Attorney . Legal Counsel 1007996v3 4 .EXHIBIT "A" TO RESOLUTION ~S~ ~ 1 .ACKNOWLEDGMENT State of California ) ss County of Sonoma ) On November 2, 2007, before me, Claire Cooper, a notary public in and for the State of California, personally appeared Michael A. Bierman, personally known to me (er r,..,.,°.-1 +n m° ran f"° hrvcic r,f crryficfr~fnni °.,i.~l°nr~°) to be the person whose name is subscribed to the within instrument and acknowledged to me that hey°h executed the same in hiss""°r~;r authorized capacity,. and that by hiss""°;; signature on the instrument, fhe person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal cuuRECOOaER Commlasion # ;1 b67172 - Plotary pubik ~ CaNtorMa So?toma - My Comm. ExW? ~ , 2 Signature (SEAL) ~5~1 ~~~~~~.RH~iA~ P~?~Ii~i~V ~G fR ~I.~~~'IV~~.WY~r~~ O ! - _ - - - l . State of Cal'iforr?ia . S ONOIvIA ss. l~ County of i~ r ( o ~ ZOO7 ROBERT N FOSTER NOTARY PUBLIC On ,before me, r , Date c Name and Title of 06icer (e.g.,'Jane Doe, Notary Public') personally appeared_~~ c: S `lc v~ _ , Name(s) of: Signer(s) t- ? persona{ly known to me ~ . ~ proved to° me on the basis of satisfactory evidence i i to, 6e 'the person whose nam~) isl~re ~~a~,s subsci-ilued to. the ,within instrument and ,~~v~~ g OFFICIAL SEAL- 1461730 @4&' ~cknowledgedto~me~that he she/they executed RQBERT iV. FOSTER ~ ' rtoTaaYPU®Lic-cALlF. ~ the same in 'his/f~/th 'r a~~ho~rized i~ ~ COUNTY QF &ONaMA capacity(i~, and that t)y hisfh~/~;ir f~ ~ t•Ay'Comm. Exp. Fe6.8, 2008_6: si nature on the instrument-the erson F1L...~..,~~..~. 9 P ~)r or ~~;N~,r~n.~.~.~~r,. the entity upon. behalf of which the person(s~ acted, executed the instrument- 1T ESS m hand and official seal. Place Notary Seat Above Signature d Notary Public i~ ~PTfONAL is Though the information below is not required bylaw, it may prove vatuabieao persons retying an the document t i' and could prevent fraudulent removal and reatfachment o! this form to another document. J ©escription. of Attached Document Title or Type of document: i~ " t Document Date: Number of Pages: I~ ( Signer(s) Other Than Named Above: r Gapacity(ies) E;faimed by Signer ` Signer's NalTie _ - 'i " ,l. ? .Individual i. Top of thumb here ? Corporate. Officer Title(s): ? 'Partner - Limited ? General r~ ? Attorney in Fact ~ ' ? Trustee i ? Guardian or Conservator is ? Other; is i~ Signer is Representing: 'f t 0 1999 NationalNotary Association • 9350 De Soto Ave., P.O. Box 2402 •.Chatr°xon`i,'.CA'91913-2402.•.www.rauonalnoiary.wg Prob. No:590T Reorder. Cab ToA-Free 1-800.8766827 ~ l