HomeMy WebLinkAboutResolution 2007-048 N.C.S. 03/19/2007 Resolution No. 2007-048 N.C.S.
of the City of Petaluma, California
A RESOLUTION DECLARING THE INTENTION
OF THE CITY COUNCIL OF THE CITY OF PETALUMA
TO ORDER THE LEVY AND COLLECT ASSESSMENTS FOR THE RIVERVIEW
SUBDIVISION LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
AND SETTING A PUBLIC HEARING
ON THE FORMATION OF THE ASSESSMENT DISTRICT
AND THE LEVY OF THE PROPOSED ASSESSMENT
PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972
WHEREAS, the Landscape and Lighting Act of 1972 ("1972 Act"), codified in California
Streets and Highways Code Section 22500 et seq., establishes procedures whereby local agencies
whose annual taxes are carried on the county assessment roll and are collected by the county may
fund the construction and maintenance of improvements by formation of assessment districts'; and,
WHEREAS, the general procedures for formation of an assessment district under the 1972
Act include: adoption of a resolution initiating proceedings, proposing formation of a district and
ordering an engineer's report; approval of the engineer's report; adoption of a resolution of
intention to form an assessment district, levy and collect assessments, and, if desired, issue bonds or
notes; and following canvassing of balloting that has been noticed and conducted in accordance
with California Government Code Section 53753, and a noticed public hearing on the assessment,
adoption of a resolution ordering the improvements and formation of the district and confirming the
diagram and assessment2; and,
WHEREAS, improvements that may be funded under the 1972 Act include: installation or
construction of landscaping, ornamental structures, public lighting facilities, appurtenant structures
or facilities, park or recreational improvements, acquisition of land or existing improvements for
park, recreational or open space purposes, and acquisition or construction of community centers,
auditoriums, halls or similar public facilities, for indoor presentation of performances and events,
including public and private events3; and,
WHEREAS, the 1972 Act provides that after approval of the engineer's report, the
legislative body must adopt a resolution of intention: declaring the legislative body's intention to
order formation of the district, to levy and collect assessments, (and if desired, to issue bonds or
notes); generally describing the improvements; referring to the proposed assessment district by its
distinctive designation and indicating the general location of the district; referring to the engineer's
report, on file with the clerk, for a full and detailed description of the improvements, the boundaries
of the assessment district and any zones within the district, any bonds or notes to be issued, and the
proposed assessments upon assessable lots and parcels of land with the district; and giving notice
of, and fixing a time and place for, a hearing of the legislative body on the question of formation of
the assessment district and the levy of the proposed assessment4; and,
Cal. St. & High. Code §§22500 - 22501
Cal. St. & High. Code §§23S8S - 22587, 22594
' Cal. St. & High. Code §22S2S
Cal. St. & High. Code §22587
Resolution No. 2007-048 N.C.S. Page 1
WHEREAS., the engineer of record ("Engineer") for the proposed Riverview Subdivision
Landscape Assessment District ("District") prepared a report ("Report") concerning the District,
District improvements ("Improvements") and the proposed assessment ("Assessment") in
accordance with the requirements of the 1972 Act, filed a copy of the Report with the City Clerk
and submitted a copy of the Report to the City Council for consideration; and,
WHEREAS, by Resolution No. 2007-046 N.C.S. adopted March. 19, 2007, the City Council
of the City of Petaluma preliminarily approved the Report. subject to pending proceedings, including
balloting proceedings and noticed hearing proceedings concerning the District in accordance with
California Constitution Article XIHD, California Government Code Section 53753 and the 1972
Act; and,
WHEREAS, California Government Code Section 53753 (which implements California
Constitution Article XIIID, known as Proposition 218) requires that prior to levying a new or
increased assessment local agencies must provide mailed notice, including balloting materials and
instructions as specified in Section 53753, to each record owner of a parcel within the proposed
assessment at least 45 days prior to a public hearing on the assessment; and,
WHEREAS, on February 15, 2007, City staff delivered notices and balloting materials and
instructions to each record owner of a parcel within the District announcing that ballots would be
canvassed and a hearing conducted on April 16, 2007 on the formation of the District and levy and
collection of the. Assessment for the 2007 - 200$ fiscal year, and, for each future year following
establishment of the District, of the percentage increases specified in the U.S. Department of labor,
Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San
Francisco-Oakland-San Jose from February 1; and,
WHEREAS, the 1972 Act requires one published notice at least 10 days before the public
hearing on the Assessment.
NOW, 'T'HEREFORE, the City Council of the City of Petaluma does resolve as follows:
L The above recitals are true and correct and hereby declared to be findings of the City
Council of the City of Petaluma.
2. The City Council of the City of Petaluma ("Council") finds in accordance with the
1972 Act and other applicable law that the public interest and convenience require and
it is the intention of the Council to order the formation of the Riverview Subdivision
Landscape Assessment District and to order the Improvements, generally described as
plant material, trees, irrigation systems and other improvements located in public
landscape areas and further described in the Report, and to levy and collect the
assessment described in the Report for the fiscal year 2007-2008 and, for each future
year following establishment of the District, the percentage increases specified in the
U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific
Cities and the U.S. City Average, San Francisco-Oakland-San Jose from February 1.
3. The general location of the District is: Petaluma, Sonoma County, California. The
Report, which is on file in the office of the Petaluma City Clerk, contains a full and
detailed description of the Improvements, the boundaries of the District and any zones
within the District, the bonds to be issued, if any, and the proposed assessments upon
assessable lots and parcels of land within the District.
Resolution No. 2007-048 N.C.S. Page 2
4. The Council intends that all costs artd expenses of the Improvements in accordance
with California Streets and Highways Code Section 22526 and 22569, and, for each
future year following establishment of the District, the percentage increases specified
in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes,
Pacific Cities and the U.S. City Average, San Francisco-Oakland-San Jose from
February 1, are to be made chargeable against the assessable lots and parcels of land
within the District and apportioned in accordance with the Report.
5. Notice is hereby given of a public hearing on Monday, April 16, at the hour of 7pm, in
the regular meeting place of the Council, Council Chambers, City Hall, 11 English
Street, Petaluma, California, immediately following the canvassing of ballots on the
formation of the District and assuming a majority protest does not exist in accordance
with California Government Code Section 53753. The hearing will be on the question
of the formation of the District and levy and collection of the proposed assessment for
the 2007-2008 fiscal year and, for each future year following establishment of the
District, the percentage increases specified in the U.S. Department of labor, Bureau of
Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average,
San Francisco-Oakland-San Jose nom F'el~ruary 1. At the hearing, the Council will
consider all statements and all written protests made or filed by any interested person at
or before the conclusion of the hearing concerning the Improvements, the boundaries
of the District and any zone or zones in the District, the proposed diagram, the
proposed assessment, the F'-ngineer's estimate of the cost of the Improvements and may
act concerning the Assessment.
6. The City Clerk is hereby directed to publish notice of the hearing concerning the
District one time in a newspaper of general circulation in the City and to conspicuously
post a copy of the notice on the official bulletin board customarily used by the Council.
for posting notices at least 10 days before the hearing date.
7. The Parks and Landscape Manager is hereby designated as the person to answer
inquiries regarding any proceedings and other matters related to the District, and may
be contacted during regular business hours at the Petaluma Community Center, 320
North McDowell Blvd., Petaluma CA 94954, (707) 778-4380.
iJ'nder the power and authority conferred upon this Council by the Charter of said City.
1'E1~ERENCE: !hereby certify the foregoing Resolution was introduced and adopted by the App ved as to
Council of the City of Petaluma ata Regular meeting on the 19`x' day of March, orr~:
2007, by the following vote:
City A tott~ey
_<~YES: Barrett, Freitas, Harris, Vice Mayor Nau. O'3rien, Rahbitt, Mayor Torliatt
`v~OES: None
.4BSEN'3': None
~`sBS'1'AIN: None
C=ay Clerk N~layor
Resoioti~n Nc. ZC~0?-04E iti.C.S. Page