HomeMy WebLinkAboutResolution 2020-123 N.C.S. 07/20/2020Resolution No. 2020®123 N.C.S.
of the City of Petaluma, California
RESOLUTION ORDERING THE IMPROVEMENTS, CONFIRMING THE
ENGINEER'S REPORT AND LEVYING ANNUAL ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT ZONE "C" FOR FISCAL YEAR 2020-2021
WHEREAS, Chapter 3 of the Landscape and Lighting Act of 1972 (the Act),
commencing with Section 22620 of the Streets and Highways Code, applies to all annual
assessments levied after the formation of an assessment district, except annual assessments to
pay the principal of, and interest on, previously issued bond debt or notes; and
WHEREAS, in accordance with Section 22621 of the Act, proceedings shall be taken
pursuant to Chapter 3 of the Act for any fiscal year during which an assessment is to be levied
and collected within an existing assessment district; and
WHEREAS, in accordance with Section 22622 of the Act, such proceedings shall
include adoption of a resolution which shall generally describe any proposed new improvements
or any substantial changes in existing improvements and order the engineer to prepare and to file
a report in accordance with Article 4 of the Act (commencing with Section 22565); and
WHEREAS, in accordance with Section 22623 of the Act, upon completion, the
engineer shall file the report with the clerk for submission to the legislative body, and the
legislative body may approve the report, as filed, or it may modify the report in any particular
and approve it as modified; and
WHEREAS, in accordance with Section 22624 of the Act, after approval of the
Engineer's report, either as filed or as modified, the legislative body shall adopt a resolution of
intention that shall:
(a) Declare the intention of the legislative body to levy and collect assessments within the
assessment district for the fiscal year stated therein.
(b) Generally, describe the existing and proposed improvements and any substantial changes
proposed to be made in existing improvements.
(c) Refer to the assessment district by its distinctive designation and indicate the general
location of the district.
(d) Refer to the report of the engineer, on file with the clerk, for a full and detailed
description of the improvements, the boundaries of the assessment district and any zones
therein, and the proposed assessments upon assessable lots and parcels of land within the
district.
(e) Give notice of the time, as fixed by Section 22625, and the place for hearing by the
legislative body on the levy of the proposed assessment, and
(f) State whether the assessment is proposed to increase from the previous year; and
WHEREAS, in accordance with Section 22625 of the Act, the date, hour, and place of
the hearing is to be fixed as the date, hour, and place of a regular meeting before August 10, as
specified in any ordinance, resolution, or order of the legislative body fixing the time and place
of its regular meetings; and
Resolution No. 2020-123 N.C.S. Page 1
WHEREAS, in accordance with Section 22626 of the Act, notice of the hearing shall be
given by either of the following methods:
(a) If the assessments are to be levied in the same or lesser amounts than in any previous
year, the clerk shall give notice by causing the resolution of intention to be published
pursuant to Sections 22552 and 22553, or
(b) If the assessments are to be increased from any previous year, the legislative body shall
cause notice of the public hearing with respect to the increase to be given pursuant to
Section 53753 of the Government Code; and
WHEREAS, in accordance with Section 22628 of the Act, any interested person may,
prior to the conclusion of the hearing, file a written protest with the clerk or, having previously
filed a protest, may file a written withdrawal of that protest; written protests shall state all
grounds of objection; and protests by a property owner shall contain a description sufficient to
identify the property owned by him or her; and
WHEREAS, in accordance with Section 22629 of the Act, if notice is given pursuant to
subdivision (a) of Section 22626, the legislative body shall hold the public hearing pursuant to
Section 53753 of the Government Code at the time and place specified in the notice and in any
order continuing the hearing, and if notice is given pursuant to subdivision (b) of Section 22626,
the legislative body shall hold the public meeting and public hearing held pursuant to Section
53753 of the Government Code at the time and place specified in the joint notice and in any
order continuing the hearing; all interested persons shall be afforded the opportunity to hear and
be heard; the legislative body shall consider all oral statements and all written protests made or
filed by any interested person; and the legislative body may continue the hearing from time to
time, provided that no continuance shall be made to a date subsequent to August 10 without the
prior consent of the county auditor; and
WHEREAS, in accordance with Section 22630 of the Act, during the course or upon the
conclusion of the hearing, the legislative body may order changes in any of the matters provided
in the report, including changes in the improvements, any zones within the assessment district,
and the proposed diagram or the proposed assessment; and
WHEREAS, in accordance with Section 22630.5 of the Act, if there is a majority protest
as provided in Section 53753 of the Government Code against the levy of an annual assessment
after the formation of the assessment district that is increased from any previous year as provided
in Section 54954.6 of the Goverment Code, the proposed increase in the assessment shall be
abandoned; and
WHEREAS, in accordance with Section 22631 of the Act, if a majority protest has not
been filed, the legislative body may adopt a resolution confirming the diagram and assessment,
either as originally proposed or as changed by it, and the adoption of the resolution shall
constitute the levy of an assessment for the fiscal year referred to in the assessment; and
WHEREAS, on June 1, 2020, the City Council adopted Resolutions 2020-082 A -C
N.C.S. Describing the Improvements and Directing Preparation of Engineer's Report for Fiscal
Year 2020-2021 Annual Assessment for Landscape Assessment Districts, listed in Exhibits A
and B of the Engineer's Report on file, Approving the Engineer's Report and setting a Public
Hearing on July 20, 2020, at the hour of 6:45 PM in the Council Chambers, City Hall, 11 English
Street, Petaluma, California, to order the levy and collection of assessments; and
Resolution No. 2020-123 N.C.S. Page 2
WHEREAS, the Engineer's Report was duly made and filed with the City Clerk of the
City of Petaluma, whereupon said Clerk presented it to the Council for consideration; and
WHEREAS, notice of the public hearing on levy of the assessments duly and regularly
published on June 4, 2020 in the Argus Courier, Petaluma's Official Newspaper, in accordance
with the requirements of the Act, as evidenced by the affidavits and certificates on file with said
Clerk; and
WHEREAS, persons interested had the opportunity to file written protests with the City
Clerk of the City of Petaluma at or before the conclusion of said hearing, and all persons
interested, desiring to be heard, were given an opportunity to be heard, and all matters and things
pertaining to the levy and collection of assessments for the improvements, including the
maintenance thereof were fully heard and considered by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The protests against the improvements, including the maintenance thereof, or to the
extent of the assessment districts or any zones therein, or to the proposed assessments or
diagrams, or to the Engineer's estimates of costs thereof, for Fiscal Year 2020-2021, have
been received and considered.
2. The public interest, convenience, and necessity require, and Council does hereby order,
the levy and collection of assessments pursuant to the Act, for the construction or
installation of the improvements, including the maintenance thereof, more particularly
described in the Engineer's Report, which is made a part hereof by reference.
The assessment districts and the boundaries thereof benefited and to be assessed for the
costs of the improvements, including the maintenance thereof, are situated in the City of
Petaluma, California, and are more particularly described by reference to maps on file in
the office of the City Clerk of said City. The maps indicate by a boundary line the extent
of the territory included in each district and of any zone thereof and the general location
of each district.
4. The plans and specifications for the existing improvements and for the proposed
improvements to be made within the assessment districts or within any zone thereof
contained in the Engineer's Report are hereby approved.
5. The Engineer's estimates of the itemized and total costs and expenses of the
improvements and maintenance and servicing thereof, and of the incidental expenses in
connection therewith, contained in the report as amended, are hereby approved.
6. The public interest and convenience require, and Council does hereby order the
improvements to be made as described in the Engineer's Report.
7. The diagram showing the exterior boundaries of the assessment districts, and also the
boundaries of any zones therein, and the lines and dimensions of each lot of parcel of
land within each district, as such lot or parcel of land is shown on the County Assessor's
maps for the fiscal year to which it applies, which is made a part hereof by reference is
hereby approved.
Resolution No. 2020-123 N.C.S. Page 3
8. The assessments of the total amount of the costs and expenses of the improvements upon
the several lots or parcels of land in each District in proportion to the estimated benefits
to be received by such lots or parcels, respectively, from said improvements, and the
maintenance thereof, and of the expenses incidental thereto, contained in the Engineer's
Report are hereby approved.
9. In accordance with Section 22631 of the Act, by the adoption of this resolution the City
Council hereby levies the assessments for Fiscal Year 2020-2021 Annual Assessment for
the Landscape Assessment Districts as described in the Engineer's Report.
10. The City Clerk is hereby directed to file a copy of the Landscape Assessment Districts
diagram and the assessments, or a certified copy, with the Sonoma County Auditor before
August 10, 2020.
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 to
Council of the City of Petaluma at a Regular meeting on the 20th day of July 2020, fo
by the following vote:
City Attorney
AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King
NOES: None
ABSENT: McDonnell; Miller
ABSTAIN: None
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ATTEST: 7aq (-, - i� - / ,
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City Clerk i Mayor
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