HomeMy WebLinkAboutResolution 2007-047 N.C.S. 03/19/2007 Resolution No. 2007-047 N.C.S.
of the City of Petaluma, California
A RESOLUTION PROPOSING FORMATION
OF THE RIVERVIEW SUBDIVISION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
AND INITIATING PROCEEDINGS FOR FORMATION OF THE. DISTRICT,
INCLUDING A DESCRIPTION OF THE IMPROVEMENTS AND THE DISTRICT,
DESIGNATION OF THE CITY ENGINEER AS ENGINEER OF RECORD FOR THE
DISTRICT, AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT
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 local agency legislative bodies may designate
the engineer of record for purposes of the 1972 Act4; and,
WHEREAS, the 1972 Act provides for initiation of proceedings for formation of
assessment districts by adoption of a resolution proposing formation of a district, describing the
improvements, describing the district, specifying a distinctive designation for the district and
ordering the engineer of record to prepare and file a report in accordance wit11 the requirements
of the 1972 Acts.
~ Cal. St. & High. Code §§22500 - 22501
' Cal. St. & High. Code §§23585 - 22587, 22594
Cal. St. & High. Code §22525
4 Cal. St. & High. Code §22523
5 Cal. St. & High. Code §22585
Resolution No. 2007-047 N.C.S. Page 1
NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows:
1. 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 proposes to form an assessment district pursuant to the Landscaping
and Lighting Act of 1972 (California Streets and Highways Code Section 22500 and
following).
3. The improvements to be funded are described as follows: The maintenance of all the
public landscaping improvements as part of "Riverview Subdivision" consisting of
plant material, trees, irrigation system, outdoor furniture, play structures, and
pathways in the following public areas. Public landscape areas are defined as those
areas that are irrigated from water meters separate from residential. water meters.
Public landscaping is bounded by the eastern property line of St. John's Lutheran
Church (455 McNear Avenue), back property lines of parcels 25, 26, 27, 28, 29, 30,
35, 36 and 37 (Mission Drive) and consists of 2.46 acres of land, designated as Open
Space which includes a playground and a pedestrian trail and known as Parcel
Number 019-600-064.
4. The proposed assessment district shall be designated the Riverview Subdivision
Landscape and Lighting Assessment District, City of Petaluma, Sonoma County,
California, and shall include the land shown on the map designated "Assessment
Diagram, Riverview Landscape and Lighting Assessment District, City of Petaluma,
Sonoma County, California" which map is on file with. the Petaluma City Clerk.
5. Craig Spaulding, City Engineer, of the City of Petaluma, ("Engineer") is hereby
designated engineer of record for the purpose of the proposed formation pursuant to
the 1972 Act.
6. The City Council hereby directs the Engineer to prepare and file with the City Clerk
and to submit to the City Council for approval a report concerning the proposed
Riverview Park Subdivision Landscape and Lighting Maintenance District in
accordance with California Streets and Highways Code Section 22565 and following.
Under the power and authority conferred upon this Council by the Charter of said City.
REI'ERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the Ap ro ed as to
Council of the City of Petaluma at a Regular meeting on the 19`h day of March, fo
2007, by the following vote:
City ttorney
AYES: Barrett, Freitas, Harris, Vice MayorNau, O'Brien, Rabbitt, Mayor Torliatt
NOES: None
ABSENT: None t
l
ABSTAIN: None
.ATTEST:
City Clerk Mayor
Resolution No. 2007-047 N.C.S. Page 2