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HomeMy WebLinkAboutResolution 2012-055 N.C.S. 05/07/2012 Resolution No. 2012-055 N.C.S. of the City of Petaluma, California ACCEPTING THE ENGINEER'S REPORT FOR THE ASSESSMENT UPDATE FOR THE SONOMA GLEN LANDSCAPE ASSESSMENT DISTRICT, AUTHORIZING AN ASSESSMENT BALLOT PROCEEDING AND SETTING THE TIME AND PLACE OF A PUBLIC HEARING TO CONSIDER THE ASSESSMENT UPDATE FOR THE SONOMA GLEN LANDSCAPE ASSESSMENT DISTRICT WHEREAS, the Sonoma Glen Landscape Assessment District ("LAD") is managed by the City of Petaluma; and, WHEREAS, the Sonoma Glen LAD has not collected funds pursuant to the existing assessment sufficient to fund required maintenance and operations of the facilities for which the existing assessment was adopted; and, WHEREAS, an update to and increase in the Sonoma Glen LAD annual assessment is required to more adequately fund the facilities, maintenance and operations of the facilities which provide a special benefit to parcels within the Sonoma Glen LAD; and; WHEREAS, City staff has filed with the City Clerk a preliminary Engineer's Report which describes (a) the improvements and the annual cost of maintenance and servicing expense for said improvements that provide a special benefit to the parcels in the LAD; (b) a diagram of the LAD showing exterior boundaries and the boundaries of each lot within the LAD; (c) a description of the lots within the LAD by assessor's parcel number ("APN"); and (d) the amount and method of determining the proposed updated assessment for each lot or parcel. NOW, THEREFORE, BE IT RESOLVED that: 1. The preliminary Engineer's Report is hereby received, accepted, and filed. 2. Because the Engineer's Report describes an increase in the existing assessment for the Sonoma Glen LAD, the City Clerk or her designee is hereby instructed to conduct an assessment ballot proceeding according to the requirements and provisions of Article XIIID of the California Constitution and Sections 53750 et seq. of the California Government Code. 3. A public hearing regarding the proposed assessment proceedings shall be held on Monday, July 2, 2012, at or after 7:00 p.m. in the City Council chambers at 11 English Street, Petaluma, California 94952. 4. The City Clerk or her designee is hereby instructed to mail or cause to be mailed a notice of said public hearing by first-class mail, postage prepaid, at least forty-five days before the date set for said public hearing, to all persons within the Sonoma Glen LAD owning real property to be assessed, whose names and addresses appear on the last equalized Sonoma County Assessor's tax roll prior to said date of mailing. The notice shall contain the Engineer's Report which sets forth the Resolution No. 2012-055 N.C.S. Page 1 total amount of the proposed updated and increased assessment chargeable to the entire LAD; the amount chargeable to the record owner's parcel; the duration of the payments; the reason for the updated assessment; and the basis upon which the amount of the proposed updated assessment was calculated; the date, time, and location of the public hearing; and a-summary of the procedures for the completion, return, and tabulation of assessment ballots, including a statement that the updated 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. 5. The ballots for and against the proposed assessment update shall be counted at the conclusion of said public hearing, and the count may continued and completed, if so directed by the City Council at the public hearing, at a subsequent specified time and publicly accessible location. 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 #p rout as to Council of the City of Petaluma at a Regular meeting on the 7`1 day of May,2012, fo` is by the following vote: 1 City A torney AYES: Albertson, Barrett, Mayor Glass, Harris, Healy,Vice Mayor Renee NOES: None ABSENT: Kearney ABSTAIN: None l\ , // ATTEST: Wif"b M.../ t etA •4111, City Clerk Mayor Resolution No.2012-055 N.C:S. Page 2