HomeMy WebLinkAboutResolution 2022-023 N.C.S. 02/28/2022 DocuSign Envelope ID:74AE2EA2-DF7C-4E4F-9CD1-6E6036025A1E
Resolution No. 2022-023 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
APPROVING THE ENGINEER'S REPORT, DECLARING THE CANVASS OF
BALLOTS OF PROPERTY OWNERS; FORMING OAKS AT SUNNYSLOPE BENEFIT
ASSESSMENT DISTRICT,DISTRICT 2021-02; ORDERING THE IMPROVEMENTS
AND CONFIRMING THE DIAGRAM AND ASSESSMENT PURSUANT TO THE
BENEFIT ASSESSMENT ACT OF 1982 AND ARTICLE XIIID, SECTION 4 OF THE
CALIFORNIA CONSTITUION
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, during the December 20, 2010, City Council hearing a Resolution was
approved for the formation of an assessment district to fund maintenance of public landscaping
areas and stormwater improvements for the Project; 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
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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
WHEREAS, in accordance with the 1982 Act and Article XIIID, Section 4 of the
California Constitution,part of Proposition 218,the City Council,adopted a resolution of initiation
on December 20, 2021 Resolution No. 2021-203 to form a benefit assessment district; and
WHEREAS,the City retained Alison Bouley of Harris&Associates who prepared a benefit
district report("Report") which is attached hereto as Exhibit A for the District in accordance with
the requirements 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 filed with the
City Clerk,after 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 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.
(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, on December 20, 2021, the City Council adopted Resolution No. 2021-203
(the "Resolution of Initiation") initiating the proceedings for the formation of the District and
ordering the preparation of the Report on the District formation pursuant to the provisions of the
Benefit Assessment Act of 1982 and Section 4 of Article XIIID of the California Constitution; and
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WHEREAS, also on December 20, 2021, the City Council adopted Resolution No. 2021-
204 preliminarily accepting the Report on the formation of the District, which Report is made a
part of this resolution by this reference, and setting the time and place of a public hearing on the
Report and formation of the District for February 28, 2022, and directing that the City Clerk give
mailed notice of the hearing and provide ballots as required by law; and
WHEREAS, Government Code Section 54716(c) requires the City in forming a new
Benefit Assessment District pursuant to the 1982 Act to comply with the notice, protest, and
hearing procedures in Section 53753 of the Government Code; and
WHEREAS, any agency that complies with the notice, protest, and hearing requirements
of Government Code Section 53573 shall not be required to comply with any other statutory notice,
protest, and hearing requirements that would otherwise be applicable to the levy of a new or
increased assessment; and
WHEREAS, Section 53753 of the Government Code requires the City to mail notice to
the record owner of each identified parcel in the proposed district's boundary; and
WHEREAS each mailed notice shall include the total amount of the proposed assessment
chargeable to the entire district, the amount chargeable to the record owner's parcel, the duration
of the payments, the reason for the assessment and the basis upon which the amount of the
proposed assessment was calculated, and the date, time, and location of a public hearing on the
proposed assessment and each notice shall also include,in a conspicuous place thereon,a summary
of the procedures for the completion, return, and tabulation of the assessment ballots including a
statement that the assessment shall not be imposed if the ballots submitted in opposition to the
assessment exceed the ballots submitted in favor of the assessment, with ballots weighted
according to the proportional financial obligation of the affected property; and
WHEREAS, Government Code Section 53573 requires the City to provide notice by mail
at least 45 days prior to the date of the public hearing upon the proposed assessment, and on the
face of the envelope mailed to the record owner, in which the notice and ballot are enclosed, there
shall appear in substantially the following form in no smaller than 16-point bold type: "OFFICIAL
BALLOT ENCLOSED;" and
WHEREAS, Government Code Section 53573 requires the mailed notice to contain an
assessment ballot that includes the agency's address for receipt of the ballot and a place where the
person returning the assessment ballot may indicate his or her name, a reasonable identification of
the parcel, and their support or opposition to the proposed assessment; and
WHEREAS, in accordance with Government Code Section 54716(c) and Government
Code Section 53573, on January 13, 2022,which date was 45 days before the scheduled February
28,2022,public hearing,ballots and voting instructions and notice of the February 28,2022,public
hearing on the Report and formation of the District were mailed to all owners of property in the
District; and
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WHEREAS,pursuant to Government Code Section 53573(d), at the time, date, and place
stated in the notice mailed, the agency shall conduct a public hearing upon the proposed
assessment; and
WHEREAS, pursuant to Government Code Section 53573(d) at the public hearing, the
agency shall consider all objections or protests, if any,to the proposed assessment, and any person
shall be permitted to present written or oral testimony; and
WHEREAS, pursuant to Government Code Section 53573(e)(1), at the conclusion of the
public hearing conducted,an impartial person designated by the agency who does not have a vested
interest in the outcome of the proposed assessment shall tabulate the assessment ballots submitted,
and not withdrawn, in support of or opposition to the proposed assessment; and
WHEREAS pursuant to Government Code Sections 53573(e)(4) a majority protest exists
if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment
exceed the assessment ballots submitted, and not withdrawn, in its favor, weighting those
assessment ballots by the amount of the proposed assessment to be imposed upon the identified
parcel for which each assessment ballot was submitted; and
WHEREAS pursuant to Government Code Sections 53573(e)(5) if there is a majority
protest against the imposition of a new assessment, or the extension of an existing assessment, or
an increase in an existing assessment, the agency shall not impose, extend, or increase the
assessment; and
WHEREAS,pursuant to Government Code Section 54716(d), during the course or upon
the conclusion of the public hearing, the City Council may adopt, revise, change, reduce or
modify the proposed assessment; and
WHEREAS,in accordance with the requirements of Article XIIID, Section 4, and Section
53753 of the Government Code, following the public hearing on the Report and formation of the
District held on April 20, 2020, the City Clerk canvased the ballots submitted concerning the
Report and formation of the District, and declared that a majority protest did not exist concerning
formation of the District; 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; and
WHEREAS, the formation of the District does not constitute a project under CEQA
pursuant CEQA Guidelines Section 15378, because the action does not have the potential for
resulting in either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment, and because the action constitutes organizational or
administrative activities of governments that will not result in direct or indirect physical changes
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in the environment, (See, Kaufman & Broad-South Bay, Inc. v. Morgan Hill Unified School
Dist. (1992) 9 Cal.AppAth 464); and
WHEREAS, if the formation of the district did constitute a "project under CEQA the
maintenance of the already existing improvements are exempt pursuant to CEQA Guidelines
Sections 15301 and 15304(b), as the maintenance will be minor alterations and repairs to already
existing facilities.
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. Additionally the formation of the District does not constitute a
project under CEQA pursuant CEQA Guidelines Section 15378, because the action does not
have the potential for resulting in either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment, and because the action
constitutes organizational or administrative activities of governments that will not result in
direct or indirect physical changes in the environment, (See, Kaufman & Broad-South Bay,
Inc. v. Morgan Hill Unified School Dist. (1992) 9 Cal.AppAth 464). If the formation of the
district did constitute a "project under CEQA the maintenance of the already existing
improvements are exempt pursuant to CEQA Guidelines Sections 15301 and 15304(b), as the
maintenance will be minor alterations and repairs to already existing facilities.
3. Initiation of Proceedings and Declaration of Initiation to Levy Assessment. In accordance
with Section 54703 et seq. of the Government Code (the 1982 Act), Section 4 of Article XIIID
of the California Constitution(part of Proposition 218), and other applicable law, on December
20, 2021, City Council adopted Resolution No. 2021-203 initiating proceedings to form the
Oaks at Sunnyslope Benefit 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
as stated in the attached Engineer's Report.
4. Nature of Improvements Maintenance. The services to be funded by Sunnyslope Benefit
Assessment District 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.
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5. Preparation of District Report. By adoption of Resolution No. 2021-203, the City Council
appointed Alison Bouley, of Harris & Associates as the Assessment Engineer for the District. In
accordance with Section 54716 of the 1982 Act,the City Council directed 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 1982 Act and
Proposition 218. The Report includes:
(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 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.
(c) The basis and schedule of the assessment.
6. Findings for Noticing Requirements. City Council finds that Resolution No. 2021-203 and
Resolution No. 2021-204 complied with the requirements of the Benefit Assessment Act of
1982. Additionally, City Council finds that the City complied with the public noticing and
protest hearing requirements of the Benefit Assessment Act of 1982 and specifically
Government Code Section 53753.
7. Report Approved. The Engineer's Report prepared and attached to the staff report for
Resolution No.2021-204 concerning the District and accepted by the City Council on December
20, 2022, is hereby approved, which is attached hereto as Exhibit A.
8 Government Code Section 54711 Requirements. City Council finds that the benefit
assessment meets all of the requirements of
Government Code Section 54711, including:
(a) The amount of the assessment imposed on any parcel of property is related to the
benefit to the parcel which will be derived from the provision of the service.
(b) The annual aggregate amount of the assessment does not exceed the estimated
annual cost of providing the service.
(c) The revenue derived from the assessment will not be used to pay the cost of any
service other than the service stated in the Engineer's Report for which the
assessment was levied.
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9. District Formed. Finds that after properly canvassing the ballots in accordance with the 1982
Act, that a majority protest pursuant to the Benefit Assessment Act of 1982 did not exist and
that District 2021-2, Oaks at Sunnyslope Benefit Assessment District, is hereby formed in
accordance with the Benefit Assessment Act of 1982 and Article XIIID, Section 4, of the
California Constitution, and other applicable law.
10. Ordering the Maintenance of the Improvements. Orders that the improvements listed in the
Report are to be constructed and maintained in accordance with the Report.
11. Confirming the Diagram and Assessment. Confirms the assessment diagram and
assessments stated in the Report.
12. Notice of Benefit Assessment District Formation. The City Clerk is hereby directed to
record a notice in the office of the County Recorder of the County of Sonoma a Notice of
Special Development Fee, in substantially the form prescribed in that section, and to mail a
copy of the notice to each owner of land within the District.
13.Severability.The City Council hereby declares that every section,paragraph,sentence,clause,
and phrase of this resolution is severable. If any section,paragraph, sentence, clause or phrase
of this resolution is for any reason found to be invalid or unconstitutional, such invalidity, or
unconstitutionality shall not affect the validity or constitutionality of the remaining sections,
paragraphs, sentences, clauses, or phrases.
14. 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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 28'day of February form:
2022,by the following vote: DocuSigned by:
n
AYES: Teresa Barrett,Brian Barnacle,D'Lynda Fischer,Mike Healy,Dave King,Kevin
McDonnell,Dennis Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
DocuSi ned b DocuSigned by:
ATTEST: n�fN a"bfs �t,Vti.SA 1/Gu'YUT
i i abi=�aaeeosai=Mterim City Clerk Mayor
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EXHIBIT A
ENGINEER'S REPORT