HomeMy WebLinkAboutResolution 2021-133 N.C.S. 8/02/2021 Resolution No. 2021-133 N.C.S. Page 1
Resolution No. 2021-133 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA INITIATING
PROCEEDINGS FOR THE FORMATION OF THE OAKS AT SUNNYSLOPE LANDSCAPE
ASSESSMENT DISTRICT, DISTICT NO. 2021-1, AND ORDERING THE PREPARATION OF A
REPORT ON THE DISTRICT FORMATION PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972 AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH
WHEREAS, the Lafferty Communities (“Developer”), has acquired 8.64 acres of certain real property which
consists of 18 parcels; and
WHEREAS, on December 20, 2010, City Council certified a Mitigated Negative Declaration for the larger
Sunnyslope II Subdivision (“Project”), the Planned Unit Development and Development Standards, and the
Subdivision Map; and
WHEREAS, on July 3, 2017, City Council approved the Project Final Subdivision Map; and
WHEREAS, between January 9, 2018, and July 23, 2019, the Planning Commission approved the various
Site Plan and Architectural Review applications for each new residential lots (the Project approvals together being
referred to herein as the “Project Entitlements”); and
WHEREAS, Conditions of Approval Nos. 8, 38, 57c and 60 of Resolution No. 2010-230 require the
Developer to construct certain public improvements within and along Sunnyslope Road and Oak Knoll Court
within the City of Petaluma (“City”) including but not limited to the construction of public streets, the construction
and maintaining of the Urban Separator Trail and connector trail, signage, sewer, and landscaping inspections
and improvements described in Section 4 of this Resolution (the “Project Improvements”); and
WHEREAS, Condition of Approval No. ____of Resolution No. ____provides that the Developer shall fund
the formation of an assessment district to fund maintenance of public landscaping areas and stormwater
improvements for the Project; and
WHEREAS, California Streets and Highways Code Sections 22500 through 22679, Comprising the
Landscape and Lighting Act of 1972 (“1972 Act”), provide authority for creation of benefit assessment districts
to fund the maintenance of eligible improvements, including landscaping improvements, that provide special
benefits to properties within the district; and
WHEREAS, the proposed Landscape Assessment District, if it is formed, is to be known as the Oaks at
Sunnyslope Landscape Assessment District (“District”) and designated as Landscape Assessment District No.
2021-1; and
WHEREAS, in accordance with Section 22585 of the 1972 Act, the City Council, when considering forming
a special assessment district pursuant to that section, may adopt its resolution of intention to form an assessment
district and such resolution shall:
a) Propose the formation of an assessment district pursuant to this part;
b) Describe the improvements;
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c) Describe the proposed assessment district and specify a distinctive designation for the district;
d) Order the engineer to prepare and file a report in accordance Section 22565 et. seq. of the Streets and
Highways Code; and
WHEREAS, in accordance with Sections 22567(c) and 22570 of the 1972 Act, the proposed boundaries of
the District are shown on a map which indicates by a boundary line the extent of the territory proposed to be
included in the District, which map is designated “Boundary of Proposed Assessment District No. 2021-1” (the
“Map”), which is attached to and made a part of this resolution as Exhibit A; and
WHEREAS, the City has retained Alison Bouley of Harris & Associates. to prepare a benefit district report
(“Report”) for the District in accordance with the requirements of Section 22567 et seq. of the 1972 Act and
Article XIIID, Section 4 of the California Constitution, part of Proposition 218; and
WHEREAS, Alison Bouley of Harris & Associates is competent to make and to file with the City Clerk, subject
to the approval of the City Engineer, the Report with regard to the Improvements, which report is required by the
1972 Act and Proposition 218; and
WHEREAS, in accordance with Section 22567 et seq. of the 1972 Act, the Report concerning the
Improvements for the District shall contain the following as specified in those sections:
a) Plans and specifications for the improvements;
b) An estimate of the cost of maintaining the improvements;
c) A diagram of the assessment district;
d) An allocation of the estimated cost of maintaining the improvements; and
WHEREAS, in accordance with Section 4 of Article XIIID of the California Constitution, Part of Proposition
218, all special assessments shall be supported by a detailed engineer’s report prepared by a registered
professional engineer certified by the State of California, and agencies that propose to levy an assessment shall
identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be
imposed; the proportionate special benefit derived by each identified parcel shall be determined in relationship to
the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public
improvement, or the cost of the property related service being provided; no assessment shall be imposed on any
parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel; only special
benefits are assessable; an agency shall separate the general benefits from the special benefits conferred on a
parcel; and parcels within a district that are owned or used by any agency, the State of California or the United
States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence
that those publicly owned parcels in fact receive no special benefit; and
WHEREAS, the environmental analysis for compliance of the Project with the California Environmental
Quality Act (CEQA) was completed on December 16, 2010, by the City Council’s adoption of a mitigated
negative declaration for the Oaks at Sunnyslope development which studied and addressed the proposed Project
and its improvements pursuant to Resolution 2010-228 N.C.S.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. Recitals. The above recitals are hereby declared to be true and correct and incorporated into this resolution
as findings of the City Council.
2. CEQA. The environmental analysis for compliance of the Project with the California Environmental Quality
Act (CEQA) was completed on December 16, 2010, by the City Council’s adoption of a mitigated negative
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declaration for the Oaks at Sunnyslope development which studied and addressed the proposed Project and
its improvements pursuant to Resolution 2010-228 N.C.S.
3. Initiation of Proceedings and Declaration of Intention to Levy Assessment. In accordance with Section
22585 of the California Streets and Highways Code (the 1972 Act), Section 4 of Article XIIID of the California
Constitution (part of Proposition 218), and other applicable law, the City Council hereby initiates proceedings to
form the Oaks at Sunnyslope Landscape Assessment District (“District”) to fund the cost of maintaining the
Improvements benefitting properties within the District and declares its intention to levy a special assessment upon
the lands within the assessment district in proportion to the respective special and direct benefit to be received by
each assessed parcel of land from the Improvements.
4. Nature of Improvements Maintenance. The Improvements maintenance generally includes:
• 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.
• Maintenance and cleaning of the underground detention facilities and
5. Preparation of District Report. Alison Bouley, of Harris & Associates is hereby appointed the Assessment
Engineer. In accordance with Section 22585(d) of the 1972 Act, the City Council hereby directs the Assessment
Engineer to prepare, subject to the approval of the City Engineer, and to file with the City Clerk the Report and
present to City Council the Report concerning maintenance of the District Improvements in accordance with all
requirements of this resolution and applicable law, including the 1972 Act, and Proposition 218. The Report shall
be in accordance of 22565 et. seq. of the 1972 Act and include, but not be limited to, the following:
a) Plans and specifications for the improvements.
b) An estimate of the cost of maintaining the improvements.
c) A diagram for the assessment district.
d) An allocation of the estimated cost of maintaining the improvements.
6. Inquiries. All inquiries for any and all information relating to these proceedings, including information relating
to protest procedures, should be directed to:
CITY OF PETALUMA
Attention: Cindy Chong
Parks and Facilities Maintenance Manager
11 English Street
Petaluma, California 94952
(707) 364-9574
7. Resolution Effective Immediately. This Resolution shall take effect immediately upon its adoption.
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
Council of the City of Petaluma at a Regular meeting on the 2nd day of August
2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
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ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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Exhibit A
MAP
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