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HomeMy WebLinkAboutResolution 2012-109 N.C.S. 07/02/2012 Resolution No. 2012-109 N.C.S. of the City of Petaluma, California ORDERING THE IMPROVEMENTS AND LEVYING AN UPDATED ANNUAL ASSESSMENT FOR THE SONOMA GLEN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2012-2013 WHEREAS, the City of Petaluma ("City") is responsible for managing the Sonoma Glen Landscape Maintenance Assessment District ("District"); and, WHEREAS, at its May 7, 2012 regular public meeting, the City Council received, accepted, and filed an Engineer's Report for an Assessment Update ("Assessment Update") for the District, authorized an assessment ballot proceeding in conformance with the requirements of Article XIIID of the California Constitution and Sections 53750 et seq. of the California Government Code and set a public hearing on the Assessment Update for July 2, 2012; and, WHEREAS, on or before May 18, 2012, the City of Petaluma provided to all property owners of record in the District a "Notice of Property Assessment and Public Hearing" ("Notice"), of the public hearing on the Assessment Update; and, WHEREAS, with the Notice, the City provided an assessment ballot for each owner of record to approve or disapprove the proposed Assessment Update and a copy of the Engineer's Report; and, WHEREAS, on July 2, 2012 the City Council conducted a public hearing on the proposed Assessment Update in accordance with the Notice, provided the public with an opportunity to comment on the Assessment Update, and considered all protests to the Assessment Update; and, WHEREAS, persons interested, objecting to said improvements, including the maintenance, thereof, or to the extent of the District, or any zones therein, or to the proposed Assessment Update to the City Clerk the City of Petaluma at or before the conclusion said hearing, and all persons interested, desiring to be heard, were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance, thereof, were fully heard and considered by said Council; and, Resolution No. 2012-109 N.C.S. Page 1 WHEREAS, after the conclusion of said public hearing, the City Council caused the ballots on the Assessment Update to be tabulated in public; and, WHEREAS, the tabulation of ballots by the City Clerk resulted in less than a majority of ballots submitted and not withdrawn in opposition to the proposed assessment, in comparison with ballots submitted and not withdrawn in favor of the proposed assessment, with ballots weighted by the assessment to be imposed on each parcel, and therefore there is no majority protest concerning the Assessment Update. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma, County of Sonoma, as follows: 1. That the votes in favor and protests to the Assessment Update for the Sonoma Glen Landscape Maintenance District ("District"), to identified improvements, including the maintenance, thereof, or to the extent of the District or any zones therein, or diagrams, or to the Engineer's estimates of costs thereof, for Fiscal Year 2012-2013 have been received and considered. 2. That the public interest, convenience and necessity require, and the City Council does hereby order, the levy and collection of the Sonoma Glen Landscape Maintenance District Assessment Update pursuant to the Landscape and Lighting Act of 1972, for the construction or installation of the improvements, including the maintenance, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the District and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance, thereof, are situated in the City of Petaluma, California, and are more particularly described by reference to maps thereof on file in the office of the City Clerk of said City. Said maps indicate by a boundary line the extent of the territory included in the District and of any zone thereof and the general location of the District. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the District or within any zone thereof contained in said report, be, and they are hereby finally adopted and approved. Resolution No.2012-109 N.C.S. Page 2 5. That the Engineer's estimates of the itemized and total costs and expenses of said improvements, if any, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in the report as amended, be, and it is hereby, finally adopted and approved. 6. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 7. That the diagram showing the exterior boundaries of the District referred to and described in said Resolution, and also the boundaries of any zones therein, and the lines and dimensions of each lot of parcel of land within the District, as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in each report, be, and it is hereby, finally approved and confirmed. 8. That the assessments of the total amount of the costs and expenses of said improvements upon the several lots or parcels of land in the District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance, thereof, and of the expenses incidental thereto, contained in said report, be, and the same is hereby finally approved and confirmed. 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 App yeti as to Council of the City of Petaluma at a Regular meeting on the 2nd day of July,2012, f r : by the following vote: City ttomey AYES: Albertson, Barrett, Mayor Glass, Harris, Healy.Kearney, Vice Mayor Renee NOES: None ABSENT: None ABSTAIN: None fit/ ATTEST: 94. City Clerk Mayor Resolution No. 2012-109 N.C.S. Page 3