HomeMy WebLinkAboutResolution 2021-203 N.C.S. 12/20/2021Resolution No. 2021-203 N.C.S.
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Resolution No. 2021-203 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 BENEFIT ASSESSMENT DISTRICT, DISTRICT NO. 2021-2, AND
ORDERING THE PREPARATION OF A REPORT ON THE DISTRICT FORMATION PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 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
WEHREAS, Condition of Approval No. 61 states that “financial mechanisms shall be required for any shared utilities or facilities…”; and
WHEREAS, California Government Code Sections 54703 et. seq. comprising the Benefit Assessment Act of 1982 (“1982 Act”), provide authority for creation of benefit assessment districts
to fund the maintenance of eligible improvements, including drainage and flood control
improvements, that provide special benefits to properties within the district; and
WHEREAS, the proposed Benefit Assessment District, if it is formed, is to be known as the Oaks at Sunnyslope Benefit Assessment District (“District”) and designated as Benefit
Assessment District No. 2021-2; and
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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
54716. of the 1982 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 1982 Act and Proposition 218; and
WHEREAS, in accordance with Section 54716. of the 1982 Act, the Report concerning the Improvements for the District shall contain the following as specified in those sections:
(a)A description of the service proposed to be financed through the revenue
derived from the assessment.(b)A description of each lot or parcel of property proposed to be subject tothe benefit assessment. The area proposed to be subject to the benefitassessment may be less than the entire area of the local agency.
(c) The basis and schedule of the assessment; 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 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. 2021-2” (the “Map”), which is
attached to and made a part of this resolution as Exhibit A; 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.;
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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 intothis 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 developmentwhich studied and addressed the proposed Project and its improvements pursuant to Resolution2010-228 N.C.S.
3. Initiation of Proceedings and Declaration of Intention to Levy Assessment. In accordance
with Section 54703 et seq. of the California Government Code (the 1982 Act), Section 4 ofArticle 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 Benefit AssessmentDistrict (“District”) to fund the cost of maintaining the Improvements benefitting properties withinthe 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 byeach assessed parcel of land from the Improvements.
4.Nature of Improvements Maintenance. The Improvements maintenancegenerally includes:
The services to be funded by Sunnyslope BAD include maintenance of storm water detention systems within and immediately adjacent to the residential subdivision designated as THE OAKS AT SUNNYSLOPE. Formation of the assessment district was a condition of approval for development of the subdivision as detailed in Resolution No. 2010-230 N.C.S.
5.Preparation of District Report. Alison Bouley, of Harris & Associates is hereby
appointed the Assessment Engineer. In accordance with Section 54716 of the 1982 Act, the CityCouncil hereby directs the Assessment Engineer to prepare, subject to the approval of the CityEngineer, and to file with the City Clerk the Report and present to City Council the Reportconcerning maintenance of the District Improvements in accordance with all requirements of this
resolution and applicable law, including the 1982 Act, and Proposition 218. The Report shall be inaccordance of the 1982 Act and Proposition 218 and include, but not be limited to, the following:
(a)A description of the service proposed to be financed through the revenuederived from the assessment.(b)A description of each lot or parcel of property proposed to be subject to
the benefit assessment. The area proposed to be subject to the benefit
assessment may be less than the entire area of the local agency.
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(c) The basis and schedule of the assessment.
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: Dylan Brady Assistant City Attorney
11 English Street Petaluma, California 94952 (707) 778-4497
7.Resolution Effective Immediately. This Resolution shall take effect immediatelyupon 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 20th day
of December 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
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