HomeMy WebLinkAboutAgenda Bill 06/25/2001 (9) JUN 2 5 2001 2
ORDINANCE NO.
AN ORDINANCE OF 'l"HE CITY COUNCIL OF THE
CITY OF PETALUMA„STATE OF-CALIFORNIA,
• AMENDING THE PETALUMA MUNICIPAL CODE BY ADDING CHAPTER 4.40
TO TITLE 4 THEREOF'PROVIDING FORa'HE CITY OF PETALUMA
SPECIAL TAX PROCEDURE CODEINCLUDING
GENERAL PROVISIONS AND DEFINITIONS, POWERS AND PROCEDURES
FOR '1'Hl PURPOSE OF PROVIDING FINANCING FOR SPECIFIED •
PURPOSES, AND'CERTAIN O'1 HER SUPPLEMENTAL PROVISIONS
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BE IT ORDAINED BY [HE CITY COUNCIL OF 'DIE CITY OF PETALUMA as
follows:
Section 1. Recitals. The City Council ofthe Cityof Petaluma does hereby find, determine
and declare.that:
(a) the City of Petaluma (the "City”) is a municipal corporation and charter
city duly organized and existing underr a charter pursuant'to which the City has the right
and power to make and enforce all laws and regulations in respect to municipal affairs and
certain other matters in accordance with and as more;particularly provided in Sections 3, 5
and 7 of Article XI of=the'Constitution of the State of California and the Charter of the
City(the "Charter"); and -
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(b) the City Council of•the City acting under and pursuant to the powers
reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution of the
State of California and the Charter, finds that the public interest and necessity require the
establishment by this procedural ordinance of`a certain procedures relating to the
maintenance and maintenance services by theJ City for the purpose of financing such
maintenance and maintenance services as specified herein.
Section 2. Amendment. The Petaluma.Municipal Code is hereby amended by adding a
chapter.thereto, to be numbered Title 4, Chapter 4.40, which chapter reads as follows:
CHAPTER 4.40, TITLE 4
111E CITY OF'PETALUMA SPECIAL TAXPROCEDURE CODE
Section 4:40.010. Short title. This ordinance shall be known and may be cited as the
"City°ofPetaluma Special Tax Procedure Code," and shall be referfed to herein as the "Code").
Section 4.40.020. Municipal and State affairs; authority conferred by Code;
applicabilitrof laws. This bode is adopted pursuant to the Charter of the City of Petaluma. In
proceedings had pursuant to this Code which are a municipal affair, any general laws referred to
in this Code are deemed a part of this Code.
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• • In the event that anyproceedinghad pursuant to this Code shall`be;adjudged a state affair,
it is declared to be the intention that the proceedings were had pursuant to any applicable general
law or laws.
This Code provides an alternative method of:financing certain public and private capital
facilities.and municipal services. The provisions of this Code shall not affect or limit any other
provisions of law"authorizing or providiiig.for the furnishing,of facilities.orservices, or the raising
of revenue for these purposes. The City may use the provisions of this Code:instead'of or in
conjunction with any other,method of'financing part of all of the-cost°of providingahe•authorized
kinds of public and private capital facilities;andmunicipal services.
Section 4.40.030. Conflicting Provisions, Severability. Any provision in.this Code
which conflicts with any general law or act shall prevail over the other such provision in
connection with any proceedings taken pursuant.to•'this Code.
In the event any portion 'of-,thT Code shall be declared illegal, unenforceable, or
unconstitutional, such provision shall be,deemed severable from the rest,of the provisions of this
Code..
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Section 4.40Y040. Actions or Determinations; Proceedings: The City Council may
take any actions or make any determinations'which;it determines are necessary or convenient to
carry,out.the purposesof this Code and:which are not otherwise prohibited by,law.
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Section .4.40.050. Purpose and Intent: . The purpose and intent of this chapter- is to •
establish a method whereby the facilities described in Section 4.40.170 (a) hereof'may be
constructed, installed and/or maintained, and whereby the costs thereof may beFspecially taxed to
'property; and to establish•a'procedure whereby such special taxes may be collected.
Section 4:40:060. Compliance with Chapter. Any proceedings taken or assessment
levied pursuant to this chapter shall notbetheld invalid for failure to comply with/he;pro visions of
this chapter provided such failure is not a constitutional defect.
Section 4.40M70. Necessary or Convenient,Procedure Authorized. Any procedure
not expressly;set forth in this chapter but deemed necessary or convenient to carry out any of its
purposes is authorized.
Section 4.40.080. Nonexclusiveness of Remedies The remedies provided in this
chapter-for-the enforcement of any assessment levied pursuant to this chapter are not exclusive,
and additional remedies may provided'at any time.
Section 4.40.090. Abandonment of Proceedings. Proceedings under this chapter may
be abandoned at any time prior to the levy of special taxes.
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Section 4.40.100. Effect Upon Other Law. Tina chapter does not.affect other law
relating to the same,or any similar subject, but provides an alternative authority and procedure,for
the subject to which'it relates. When proceeding under this'.chapter, its provisions only need be
followed.
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111 Section 4.40.110: Construction. Thisthapter is to be liberally construed.
Section 4.40.120. Compliance. Any proceedings taken or special tax levied pursuant to
this chapter shall not be held invalid for failure to comply with the provisions of this Division
provided such failure is not a constitutional defect.
Section 4.40.130. Special Taxes; Incorporation of the Mello-Roos Community
Facilities Act of 1982. The Mello-Roos Community Facilities Act of 1982 (Chapter 2 5,
commencing with Section 53311 of Part. 1, Division, 2, Title 51 of the California Government
Code) (the "Act"), as amended from time to time„ is incorporated in 'and made a part of this
chapter. Except as otherwise provided by this chapter,the mode and manner of making facilities
• and for levying and collecting; special •taxes shall be as prescribed in the. Act. It is hereby
specifically provided that in proceedings under this chapter exclusively for maintenance and/or
services, the provisions of Section 53312.7 of the Act, relating to goals and policies, shall not
apply.
Section 4:40.140. Authority Applicable. Proceedings under this chapter shall be
conducted under the authority contained in Section 4.40.130 for special taxes, which authority
shall be designated in the resolution of intention for such proceedings.
. Section 040.150. Alteration of Boundaries. The.boundaries.of any district created
d under this chapter maybe altered from time to time in the manner provided in the designated
authority or as otherwise may be'provided by the Council in the resolution initiating proceedings
for any such alteration.
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Section 4.40.160. Name and-Nature. The name of any district created under this chapter
shall be substantially as follows: "City of Petaluma, Special.Tax.District No. _ ( )." A
district created hereunder shall be deemed to be a financing'district and not separate governmental
agency, distinct from the City.
Section 4.40.170. Definitions.
(a) Under this chapter,''the term "facilities shall include the installation,
construction, planting and/or acquisition of any public or private (1) landscaping; including
trees, shrubs, flowers, groundcover, grass or other ornamental and/or erosion control or
privacy or buffer vegetation, irrigation systems and controls, statuary, fountains, water
features or other ornamental structures, fencing,, soundwalls or other barriers, lighting
facilities and related signage (2) streets, including any street, highway, road, alley, lane,
boulevard, pedestrian mall, parkway, bicycle'or'pedestrian path,trail, gutters, sidewalks
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with or without curbs and gutters, or other way dedicated to or used for travel and all
appurtenances including medians, soundwalls, traffic signals and warning devices, street
signs and street lights; (3) parks, including recreational facilities, play fields, park or
recreation administrative or neighborhood community center facilities; open space, hiking
trails and access points; (4) sewer facilities, including drains, tunnels, sewers, conduits,
culverts, and channels"for drainage purposes; with necessary outlets, manholes, catch
basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains,
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conduits, channels, treated.effluent dispersal sites and,appurtenanc_es; (5) flood control and - •
storm drainage facilities, including, pipes,;mains, channels, weirs, bulkheads, retention and
detention basins, drop inlets, headwalls, dikes, levees,- rip rap; vegetation and
appurtenances, and, (6) riparian habitat, including stream beds, vegetation and related
features.
(b) Under this chapter, the term"incidental expenses" shall' include, together
with any and all costs incidental to the creation of the district or any annexation thereto,
including costs of reports, publications,'notices, City staff, engineers attorneys, special tax
consultants and other;required,consultants, planning, designing, constructing;or acquiring
the facilities, including any environmental evaluations and all costs,and expenses incurred
in connection With the administration•of a districtcreated•pursuant to this chapter or with
the enforcement of the duty of:a property owner pursuant to this Code to maintain or
repair any improvement, including but not-limited to compensation of any-attorney and/or
consultant employed to render services in connection with such district or such
enforcement,proceedings.
(c) Under this chapter, "services" shall include the repair, replacement or
removal of any improvement, providing for the life, growth health and beauty of
landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for
disease or:injury, removal of debris,rubbish, trimmings, or other solid waste, cleaning,
sandblasting and painting of walls or other'facilities to remove igraffiti ; whether or not
benefit assessments are utilized, any of'which items may be necessary', and/or,convenient •
for the care and ,preservation of the facilities described in Section.4.40.170 (a) above,
including,;without limitation, any related studies, 'testing, monitoring, weed abatement,
riparian habitat restoration and/or preservation, dredging, desiltation and the:removal of or
remedial action'for the cleanup of any hazardous..substance released or threatened to be
released into the environment in or near any improvement.
Section 4.40:180. Hearings. Any required hearing may be held not soonerthan 15 days
from the date of the resolution ordering such hearing, upon not less than five days published
notice. Any published notice shall,he sufficient if published one tune in,+a newspaper of general
circulation within the City! Any notice of hearing to be published may be in_summary°form with
reference to documents on-file>in the office of the City Clerk for furtheninformation. Any hearing
maybe continued from;timato time without further notice, but shall'.be completed within one year
of the original`hearing data
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Section 4.40.190. Installment Levy and Collection of Special.Taxes. The City may,
by resolution, determine that the estimated cost of the maintenance of any improvement
authorized under this chapteris;greater than can be conveniently raised from the;single;installment
or imposition and order that the estimated cost shall be,raised by an assessment:or special tax
levied and collected in-installments over such period of time as may be set forth.in that;resolution.
Special taxes°maybe collected upon the;County tax roll or in any other suitable,manner prescribed
by resolution of the Council adopted during.or after the proceedings, including direct billing`to
property owners'or otherwise.
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Section 4.40:200. Relief from Payment The Council may provide, by resolution, for
relief from current special tax payments by senior citizens, persons and families:of low-income or
other classes of persons reasonably entitled, in the judgment of the Council, to such relief, by
deferred payment until such time as the property is sold to persons not within the protected class;
or otherwise.
Section 4.40.210. Limitation of Actions. The validity of any initial assessment levied
under this Ordinance shall not be contested in any action or proceedings, unless the action or
proceeding is commenced within 30 days after any special tax is levied. The validity of any
special tax levied after the first special tax may be contested only for the purpose of challenging
the accuracy of computation of the component elements of the special tax formula or the validity
of any change in the special tax j formula made under Section;4:40.140. Any appeal from a final
judgment in the action or proceeding shall be perfected Within 30 days after the entry of judgment.
• Section 4.40.220. Appeals;Procedures. The Council may provide by separate resolution
such appeals procedures as it'rnay deem appropriate to facilitate the levy and enforcement of the
assessments. Such procedures may provide, for the appeal of confirmed assessments to the
Director of Public Works or other official of the City responsible for the collection of special
taxes and grounds upon and times,within such appeals must be made. There shall be no appeal
from the decision of the appointed official and the perfection of such an appeal shall be a
precondition to maintaining any action under Section 4.40.210 hereof
Section 4.40.230. Extra Territorial Jurisdiction. Special tax districts may be created
ger under this chapter within the territorial jurisdiction of the. City, or upon compliance with the
procedures set forth in Section.5115 through 5118 of Chapter 2 of Part 3 of Division 7 of the
Streets and Highways Code; may extend beyond the territorial limits of the City.
Section 4.40.240. Joint Community Facilities Agreements. Any agreement by and
between the City and another public agency for the financing, ownership and/or operation and/or
maintenance of any facility or the provision of any service may be.entered into at any time at the
determination of the City Council.
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Section 4.40.250. Qualified Electors. For ;purposes of any property-owner voter
election, a public agency as owner of property, whether or not such property is leased, shall be
deemed a qualified elector and entitled to vote. For purposes- of determining electors, any
property used primarily for hotel or residential hotel purposes shall be deemed a commercial and a
non-residential use.
Section 4.40.260. Elections. For purposes of any election herein, the unless otherwise
waived'by unanimous action of all qualified electors, the time for the conduct of the election shall
be not less than'30 nor more than 120 days from the adoption of the Resolution of Formation or
other resolution,ordering such election. For purposes of any such election, the City Clerk shall be
the election official:responsible for conducting and canvassing such election.
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Section 4.40:270. Special Tax Ordinance. The special tax ordinance may direct the
1110 ) Finance,Director or other official of the City to annually prepare for and collect the special taxes
according to the approved method of special tax apportionment without further annual action by
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the Council, unless an in the maximum'tax or other alteration of such method of -- •
apportionment is sought.
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Section 4.40;280: Special Provisions,for Leases.
(a) If a public agency owning property, including property held in trust for any
beneficiary, which is otherwise exempt from a special tax grants a leasehold or other
possessory interestinthe property to a nonexempt person or entity, the special tax'shall be
levied on the leasehold or possessory interest and shall be payable by the owner of the
leasehold',or possessory-interest.,
(b) When entering into a lease or other written contract creating a possessory
interest that may be subject to taxation, pursuant to Subsection (a) of this Section, the
public agency shall include, or,cause to be included, in the contract a statement,that the
property interest may be subject to special_taxation pursuant to this chapter;.and that the
party in whom the possessory interest is vested may subject to the payment of special
taxes levied on the interest. Failure to comply-with the requirements of this section shall
not, however; invalidate the contract
(c) If the special tax on any possessory interest levied pursuant to Subsection:(a) of this
section is unpaid when due, the tax collector may use those collection procedures which are
available for the collection of assessments on the unsecured roll.
Section 4.40.290. Refunding Bonds; Use of.Savings. Bonds may be issued hereunder
to refund'anyoutstanding'assessment bonds, whether fixed lien bonds or any other improvement
or assessment bonds, including ad valorem,assessment.bonds. Any savings,achieved through the
issuance of.'refunding bonds may be used-by the City in any manner that it determines to be in the
best financial'interests'of the City.
Section 3. Severability. If any section, subsection, sentence, clause or phrase or word
of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validityy of the remaining portions of this ordinance. The City
Council of the City of Petaluma hereby declares that it would have passed and adopted this
ordinance:and each and all provisions thereof irrespective of the fact that any one or more of said
provisions be declared unconstitutional;.
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Section 4. Effective.Date. This ordinance shall become effective and be in full force-and
effect from and after the expiration of thirty (30) days>from the date of its final passage.
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THIS ORDINANCE Was introduced at a regular meeting of the.City Council of the City
of Petaluma;on , 200.1, and was duly adopted at.a regular meeting of the City Council
IF of the City ofPetaluma on -, 2001, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN/ABSENT: Councilmembers:
AT LEST:
City Clerk
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Mailing List.for'Special T ax.Procedure Ordinance:
Matt Hudson •
Attorney at Law
6 Petaluma Blvd. North, #B-11
Petaluma; CA 94952
Doyle.Heaton
Delco Builders,and Developers •
2552 Stanwell Drive, Suite 203
Concord, CA 94520
David Keller
1327 "P' Street
• Petaluma, CA 94952
Steve Block -
19 Warrick Court
Petaluma, CA 94954
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