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HomeMy WebLinkAboutResolution 2005-201 N.C.S. 11/21/2005 Resolution No. 2005-201 N.C.S. of the City of Petaluma, California A RESOLUTION PROPOSING FORMATION OF THE SOUTHGATE 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 S37S3, 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 perfornlances 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 with the requirements of the 1972 Acts; and, ' Cal. St. & High. Code §§22500 - 22501 2 Cal. St. & High. Code §§23S8S - 22587, 22594 s Cal. St. & High. Code §22S2S a Cal. St. & High. Code §22523 5 Cal. St. & High. Code X22585 Resolution No. 2005-201 N.C.S. Page l 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 "Southgate Subdivision" consisting of plant material, trees, outdoor furniture, pathway lighting, irrigation systems, soundwall and street lighting, including electrical and water costs, located 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 landscape areas include portions of land on the eastern side of Frates Road along the project frontage from the edge of pavement and back of curb to the subject property line, bounded by South Ely Road to the north and the northern right of way line of Lakeville Highway to the south; portions of land on the northern side of Lakeville Highway along the project frontage from the Caltrans right of way line to the subject property line; portions of land on the southern side of South Ely Road along the project frontage from the back of curb to the subject property line, bounded by Frates Road on the north and the southern boundary of the Urban Separator on the south.; a portion of land bounded by the existing City pump station on the east, the Frates Road sound wall on the north, Lot 1 of Phase 3 on the south, and back of sidewalk on the west; the landscaped medians on Frates Road bounded by the Lakeville Highway on the west and South Ely Road to the east. The Urban Separator is a 120' wide strip of land bounded on the north by the subject property line, the adjacent property owners property line on the south, Lakeville Highway on the west, and South Ely Road on the east. The area designated as Park on the Southgate Subdivision final map bounded by Southridge Drive on the north, the Urban Separator on the south, Southgate Drive on the east, and Tessa Way on the west. The triangular landscaped public area at the intersection of Lakeville Highway and Frates Road which is bounded by Frates Road on the north, Lakeville Highway on the south and Shern Way on the east is included. 4. The proposed assessment district shall be designated the Southgate Subdivision Landscape and .Lighting Assessment District, City of Petaluma, Sonoma County, California, and shall include the land shown. on the map designated "Assessment Diagram, Southgate 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 Southgate Resolution No. 2005-201 N.C.S. Page 2 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. 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 21 s` day of November, 2005, by the following vote: r City Attorney AYES: Canevaro, Mayor Glass, Vice Mayor Han-is, Healy, Nau ,O'Brien, Torliatt NOES: None ABSENT: None ABS1'A W: None ATTEST: a ~l,.o~ ' , City Clerk r Resolution No. 2005-201 N.C.S. Page 3