HomeMy WebLinkAboutStaff Report 3.B 12/19/2005'CITY OF PETALUMA, CALIFORNIA December 19, 2005
AGENDA BIM.
L/ Agenda Title: Resolution Dissolving Weller Street Benefit District Meeting Date: December 19, 2005
Meeting Time: ® 3:00 PM
❑ 7:00 PM
Category (check one): ® Consent Calendar ❑ Public Hearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Department: Director: Contact Person: Phone Number:
City Manager Mike Bierman Mike Bierman 778-4345
Cost of Proposal: Not applicable
Amount Budgeted: Not applicable
Attachments.to Agenda Packet Item:
Resolution Dissolving Weller Street Benefit District
Account Number:
Not applicable
Name of Fund:
Summary Statement: On August 21, 1995, the City Council adopted Resolution No. 95-230 establishing
the Weller Street Benefit District near the Petaluma Turning Basin. The only property actually included in
the District was A.P. No. 007-143-015 then owned by the Southern Pacific Railroad and currently owned
by Haystack Landing, Ci.P, a partnership of which Gina Pitler is the General Partner.
The District was created, with the consent of the then owner, Southern Pacific Railroad, to reimburse the
City for work that the City had already done two years before the District was created. The assessment
under the District was not to be collected until the assessed parcel was developed. Since the parcel has
never been developed, no assessments have ever been paid by the property owners.
Ms. Pitler has raised several issues essentially questioning the validity of the establishment of the District
and whether or not the District has expired under the terms of the Petaluma Municipal Code. Ms. Pitler also
contends that a portion of the improvements constructed outside of the City's right-of-way and upon the
subject parcel.
It is the City's position that the District was validly created and has not expired. However, given the
difference of interpretations and the request by Ms. Pitler to dissolve the District and her contention that the
improvements that were constructed have not, do not, and will not benefit the subject parcel, the matter is
brought before the Council for its consideration of dissolving the District.
Recommended City Council Action/Suggested Motion: Recommend the City consider dissolving the
Weller Street Benefit District.
Reviewed by Finance Director:
Date:
I
Today's Date:
Reviewed by City Attorney:
Date:
Revision # and Date Revised:
Appro ed by City Manager:
Date:
File'Code:
101
RESOLUTION DISSOLVING WELLER STREET- BENEFIT DISTRICT
WHEREAS, on August 21, 19-95, the City Council' adopted Resolution No. 95-230 establishing
the Weller Street Benefit District for the Petaluma Turning Basin, and;
WHEREAS, there is only one -property (A.P. No. 007-143-015):included in said District, and;
WHEREAS, the improvements upon and adjacent to the subject property were in place prior to
the establishment of the District; and
WHEREAS, the current owner has raised issues questioning the validity of the establishment of
the District and raised issues as to whether or not the District has expired; and
WHEREAS, the current owner contends that some of the improvements were constructed on her
property outside the Cityright-of-way; and
WHEREAS, the current owner- has questioned whether or not, the improvements ever were, are,
10 or will ever be a benefit to the subject parcel; and
WHEREAS, the City Council and current owner wish to resolve these issue and dissolve the
District; and
NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby rescinds
Resolution No. 95-230 and hereby, dissolves the Weller Street Benefit District.
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