HomeMy WebLinkAboutResolution 2007-046 N.C.S. 03/19/2007 Resolution No. 2007-046 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF PRELIMINARY APPROVAL
OF THE ENGINEER'S REPORT FOR THE
RIVERVIEW SUBDIVISION LANDSCAPE AND LIGHTING -
ASSESSMENT DISTRICT 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 exi ting
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
perforniances and events, including public and private events3; and,
Cal. St. & High: Code §§22500, 22501
`Cal. St. & High. Code §§23585 - 22587, 22594.
Cal. St. & High. Code §22525
Resolution No. 2007-046 N.C.S. Page 1
WHEREAS, reports under the 1972 Act must: be prepared for each fiscal year for which
assessments are to be levied and collected to pay the cost of assessments described in the report,
refer to the assessment district by its designation, specify the fiscal year to which the report
applies, and contain improvement plans and specifications, an estimate of the improvement
costs, a diagram of the district, an assessment of the estimated costs of the improvements, and
estimate of the principal amount of improvement bonds or notes to be issued4 and,
WHEREAS, plans and specifications in reports under the 1972 Act must show or
describe the general nature, location and extent of existing and proposed improvements, indicate
the class and type of improvements to be provided for each zone, if the assessment district is
divided into zones, and may be separate documents. or incorporated with the diagram of the
districts; and,
WHEREAS, the estimate of improvement costs must include all costs of constructing,
installing, maintaining and servicing the improvements, (including incidental expenses such as
the cost of report preparation, printing, advertising, notice, publication costs, compensation
payable to the county for assessment collection, compensation of any engineer or attorney
employed to render services in proceedings under the 1972 Act, costs associated with elections
for approval of new or increased assessments, any other expenses incidental to the construction,
installation, maintenance or servicing of the improvements or improvement bonds or notes, and a
reserve that may not exceed the estimated cost of maintenance servicing to December 10 of the
fiscal year, or whenever the agency expects to receive special assessment proceeds from the
county, whichever is later), the amount of any surplus or deficit in the improvement funds to be
carried over from a previous fiscal year, the amount of any contributions from sources other than
assessments levied under the 1.972 Act, the amount of the annual installment for the fiscal year if
the agency legislative body has ordered the assessment for the estimated improvement costs to be
levied and collected in annual installments, and the net amount to be assessed upon assessable
lands within the assessment district, as the total improvement costs less any amounts of surpluses
or deficits, contributions to be made from other sources, or annual instalhnents6; and,
WHEREAS, the diagram of an assessment district must show the exterior boundaries of
the assessment district, the boundaries of any zones within the district, and the lines or
4 Cal. St. & High. Code §22565 - 22567
5 Cal. St. & High. Code §22568
~ Cal. St. & High. Code §22526, 22569
Resolution No. 2007-046 N.C.S. Page 2
dimensions of each lot or parcel within the district, with each lot or parcel identified by a
distinctive number or letter7; and,
WHEREAS, the assessment included in the engineer's report must refer to the fiscal year
to which it applies and state the net amount determined in accordance with Government Code
Section 22569 to be assessed upon assessable lands with the district (including an amount
sufficient to pay the principal and interest. due during the fiscal year from each parcel on any
improvement bonds or notes issued), describe each assessable lot or parcel within the district,
and assess the net amount on all assessable lots or parcels with the district by apportioning that
amount among the lots or parcels in proportion to the estimated benefits to be .received by each
lot or parcels; and,
WHEREAS, the net amount to be assessed upon land within an assessment district may
be apportioned by any formula or method that fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be received by each lot or
parcel from the improvements, and the determination of whether or not a lot or parcel will
benefit from the improvements must be made in accordance with the Improvement Act of 1911
(California Streets and Highways Code Section 5000 and following); and,
WHEREAS, the assessment district diagram and assessment may classify areas within
an assessment district into different zones where the various zones will receive differing degrees
of benefit from the improvements, with each zone consisting of territory that will receive
substantially the same degree ofbenefit from the improvements10; and,
WHEREAS, by Resolution No. 2007-047 N.C.S., adopted March 19, 2007, the City
Council of the City of Petaluma designated Craig Spaulding; City Engineer, as the Engineer of
Record ("Engineer") for the proposed Riverview Subdivision Landscape and Lighting
Assessment District ("District"); and,
Cal. St. & High. Code §22570
~ Cal.. St. & High. Code §22571
~ Cal. St. & High. Code §22573
10 Cal. St. & High. Code §22574
Resolution No. 2007-046 N.C.S. Page 3
WHEREAS, the Engineer has prepared such a report ("Report") concerning the District
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, the City Council has duly considered the Report.
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 plans and specifications for the improvements ("Improvements") that exist within
or are to be constructed within the District, which are included as part of the Report,
describe the general nature, location and extent of existing and proposed
improvements, indicate the class and type of improvements to be provided for each
zone, if the assessment district is divided into zones, and such plans and
specifications are hereby preliminarily approved.
3. The Engineer's estimate of the cost of the Improvements in accordance with the 1972
Act, which estimate is included as part of the Report and includes, but is not limited
to, the cost of installing, maintaining and servicing the improvements, incidental
costs, a reserve, and the Engineer's estimate of the net amount to be assessed upon
assessable lands within the District, is hereby preliminarily .approved.
4. The diagram of the District ("Diagram"), which is included as part of the Report, and
which shows the exterior boundaries of the District, the boundaries of any zones
within the District, and the lines or dimensions of each lot or parcel within the
District, with each lot or parcel identified by a distinctive number or letter, is hereby
preliminarily approved.
5. The proposed assessment, which is included as part of the Report, refers to the fiscal
year to which it applies, states the net amount determined in accordance with _
Government Code Section 22569 to be assessed upon assessable lands with the
District, describes each assessable lot or parcel within the district, assesses the net
Resolution No. 2007-046 N.C.S. Page 4
amount on all assessable lots or parcels within the District by apportioning that
amount among the lots or parcels in proportion to the estimated benefits to be
received by each lot or parcel, and is hereby preliminarily approved.
6. The preliminary approvals set forth in this resolution are subject to pending
proceedings, including balloting proceedings and noticed hearing proceedings
concerning the District in accordance with California Constitution Article XIIID,
California Government Code Section 53753 and the 1972 Act.
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 Appr ed s to
Council of the City of Petaluma at a Regular meeting on the 14`x' day of March, orm:
2007, by the following vote:
City At rney
AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
'.'FOES: None
,ABSENT: None
.?sBSTAIN: None
ATTEST: - _ - _
City Clerk Mayor
Resolution No. 2007-04C N.C.S. Page 5