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HomeMy WebLinkAboutResolution 2021-134 N.C.S. 8/02/2021 Resolution No. 2021-134 N.C.S. Page 1 Resolution No. 2021-134 N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR THE FORMATION OF THE OAKS AT SUNNYSLOPE LANDSCAPE ASSESSMENT DISTRICT, DISTRICT NO. 2021-1, AND SETTING THE TIME AND PLACE OF A PUBLIC HEARING ON FORMATION OF THE DISTRICT AND DIRECTING THE CITY CLERK TO GIVE MAILED NOTICE OF THE HEARING AND PROVIDE BALLOTS AS REQUIRED BY LAW 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 maintenance (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 22587 of the 1972 Act, the City Council, when considering forming an assessment district pursuant to that section, may adopt its resolution of intention to form a benefit district, and such resolution shall: a) Declare the intention of the legislative body to order the formation of an assessment district, to levy and collect assessments; b) Generally describe the improvements; c) Refer to the proposed assessment district by its distinctive designation and indicate the general location of the district; DocuSign Envelope ID: D1FAE4BA-3E6F-40D1-BD0F-5270151BCE0A Resolution No. 2021-134 N.C.S. Page 2 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; e) Give notice of, and fix a time and place for, a hearing by the legislative body on the question of the formation of the assessment district and the levy of the proposed assessment; and WHEREAS, in accordance with Sections 22567(d) 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 Benefit District No. 2021-1” (the “Map”), and which is on file in the office of the City Clerk and a copy of which is attached to and made a part of this resolution as Exhibit A; and WHEREAS, Alison Bouley, of Harris & Associates, has been retained to prepare a benefit district engineer’s report (“Engineer’s Report”) for the District in accordance with the requirements of Section 22567 of the 1972 Act and Article XIIID, Section 4 of the California Constitution, part of Proposition 218; and WHEREAS, Alison Bouley, on behalf of Harris & Associates, is competent to make and file with the City Clerk subject to the approval of the City Engineer the Engineer’s Report with regard to the Project 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 Engineer’s Report concerning the improvements for the District contained the following as specified in that section: a) Plans and specifications for the improvements; b) An estimate of the costs of maintaining the improvements; c) A diagram of the assessment district; d) An allocation of the estimated costs 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, in accordance with the California Environmental Quality Act (CEQA), the environmental analysis for compliance with CEQA was completed on December 16, 2010, by the City Council’s adoption of a mitigated negative declaration which studied and addressed the proposed improvements for the Oaks at Sunnyslope development pursuant to Resolution 2010-228 N.C.S ; and WHEREAS, by adoption on August 2, 2021 of Resolution No. 2021-133 (the “Resolution of Initiation”) initiating the proceedings for the formation of the District the City Council ordered the Engineer’s Report prepared by the Assessment Engineer under and pursuant to the provisions of the 1972 Act and Proposition 218; and WHEREAS, the Assessment Engineer has prepared the Engineer’s Report subject to the approval of the City Engineer and filed the same with the City Clerk, and the City Clerk has presented the Engineer’s Report to the DocuSign Envelope ID: D1FAE4BA-3E6F-40D1-BD0F-5270151BCE0A Resolution No. 2021-134 N.C.S. Page 3 City Council for consideration and approval of the Engineer’s Report in accordance with the 1972 Act and setting of a public hearing on the Engineer’s Report and formation of the District; and WHEREAS, the Proposition 218 Omnibus implementation Act, and in particular, Section 53753 of the Government Code, require that not less than 45 days before a public hearing on an engineer’s report concerning formation of an assessment district pursuant to the 1972 Act, the City Clerk shall mail notice of the hearing to each owner of land with the proposed District, which notice shall be in accordance with Government Code Section 53753 and specify that the City Council has received a report proposing a special development assessment for the owner’s land, a general description of the assessment district improvements from which the owner’s land benefits, the amount of the proposed special development assessment, the conditions under which the assessment will be payable, the time and place of the hearing, that any owner or owner’s representative may appear at the hearing to protest or comment on the report orally or in writing or both, that the report is on file with the City Clerk and is open for public inspection, and the name and telephone number of a staff contact or contacts where the owner may address questions; and WHEREAS, in accordance with the requirements of Article XIIID, Section 4 of the California Constitution, the notice required to be provided landowners within a proposed benefit assessment district must be provided by mail not less than 45 days before a public hearing on the engineer’s report and formation of the district, and must include the amount of the proposed assessment for each identified parcel, the total amount of the assessment chargeable to the entire assessment district, the amount chargeable to the owner’s particular parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, a summary of the procedures applicable to the completion, return and tabulation of ballots on the formation of the benefit assessment district, and a statement that the existence of a majority protest will result in the assessment not being imposed. 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 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. Approval of the Report, Including the Map. In accordance with Sections 22585(d), 22567, and 22586 of the Streets and Highways Code, the Engineer’s Report was approved by the City Engineer and filed with the City Clerk is hereby accepted, and the City Clerk is directed to endorse the fact and date of such acceptance on the Engineer’s Report and to file the Engineer’s Report in her office. The Map filed along with the Engineer’s Report is hereby preliminarily approved and declared to describe the boundaries of the proposed District; and it shall govern for all details as to the extent of the proposed District. The City Clerk is hereby directed to endorse her certificate on the original of the Map evidencing the date and acceptance of said Map and to file the Map in her office along with the Engineer’s Report. 4. Resolution of Intention Contents. In accordance with Streets and Highways Code Section 22587 this Resolution: a) Declares the intention of the City Council to order the formation of an assessment district, to levy and collect assessments. b) Generally describes the improvements. DocuSign Envelope ID: D1FAE4BA-3E6F-40D1-BD0F-5270151BCE0A Resolution No. 2021-134 N.C.S. Page 4 c) Refers to the proposed assessment district by its distinctive designation and indicate the general location of the district. d) Refers 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 the proposed assessments upon assessable lots and parcels of land within the district, and e) Gives notice of, and fixes a time and place for, a hearing by the City Council on the question of the formation of the assessment district and the levy of the proposed assessment. 5. Public Hearing. A public hearing shall be held on September 20, 2021 at 6:00 p.m. or as soon thereafter as the matter may be heard at the regular meeting place of the City Council at City Hall Council Chambers, 11 English Street, Petaluma California, to hear and consider protests and objections to the proposed District and the Engineer’s Report and to receive and count the ballots for and against the proposed District. 6. Notice. At least 45 days prior to the public hearing referred to in Section 5 hereof, the City Clerk shall cause a notice of the adoption of the Resolution of Intention, the filing of the Engineer’s Report and the setting of time and place for the public hearing on the Engineer’s Report and the formation of the proposed District referred to herein to be mailed, postage prepaid, to all persons owning real property proposed to be assessed and whose names and addresses appear on the last equalized County of Sonoma assessment roll or the State Board of Equalization assessment roll, as the case may be, or who are known to the City Clerk. Such notice shall conform in all respects to the provisions of Section 53753 of the California Government Code and Article XIIID, Section 4 of the California Constitution as applicable. 7. Severability. If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this resolution and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. 8. 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 ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: D1FAE4BA-3E6F-40D1-BD0F-5270151BCE0A Resolution No. 2021-134 N.C.S. Page 5 Exhibit A MAP DocuSign Envelope ID: D1FAE4BA-3E6F-40D1-BD0F-5270151BCE0A Resolution No. 2021-134 N.C.S. Page 6 DocuSign Envelope ID: D1FAE4BA-3E6F-40D1-BD0F-5270151BCE0A