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HomeMy WebLinkAboutResolution 2005-031 N.C.S. 02/28/2005 Resolution 1Vo.2005-031~,~,5, of the City of Petaluma, California A RESOLUTION DECLARING THE RESULTS OF BALOTTING TABULATED IN ACCORDANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION AND CALIFORNIA GOVERNMENT CODE SECTION 53753, ORDERING IM~PROVElYIENTS AND CONFIRMING THE DIAGRAMS AND ANNUAL ASSESSMENTS FOR THE STRATFORD PARK SUBDIVISION PURSUANT TO THE LANDSCAPE- AND LIGHTING ACT OF 1972 FOR THE 2005=2006 FISCAL YEAR 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 Aet 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 borids 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 ofthe district and confirming the diagram and assessment; 2 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 performances and events, including public and private events; 3 and, WHEREAS, by Resolution No. 2005-022 N.C.S., adopted February 7, 2005, the City Council of the City of Petaluma initiated proceedings for formation of the Stratford Park Subdivision Landscape & Lighting Assessment District ("District"), designated Craig Spaulding, City Engineer, as the Engineer ofRecord ("Engineer") for the proposed District, and ordered the Engineer to prepare and. file a report pursuant to the 1972 Act; and, ' Cal. St. & High. Code §'§22500 - 22501 z Cal. St. & High. Code §§23585 - 22587, 22594 3 Cal. St. & High. Code §22525 Resolution No. 2005-031 N.C.S. WHEREAS, the Engineer prepared a report ("Report") concerning the District, District improvements ("Improvements") and the proposed assessment ("Assessment") 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, at its regular meeting on February 7, 2005, the City Council of the City of Petaluma duly considered the Report and found that it complied with all applicable requirements of the 1972 Act and other applicable law, including the requirements that 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 issued, if any; and, WHEREAS, by Resolution No. 2005-023 N.C.S., adopted February 7, 2005, the. City Council of the City of Petaluma preliminarily approved the Report 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; and, WHEREAS, by Resolution No. 2005-024 N.C.S., adopted February 7, 2005, the City Council of the City of Petaluma declared its intention to order the levy and collect assessments for the District and set a public hearing on the formation of the District and levy of the proposed assessment pursuant to the 1972 Act; and, WHEREAS, California Government Code Section 53753 (which implements California Constitution Article XIIID, known as Proposition 218) requires that prior to levying a new or increased assessment local agencies must provide mailed notice, including balloting materials and instructions as specified in Section 53753, to each record owner of a parcel within the proposed assessment at least 45 days prior to a public hearing on the assessment; and, WHEREAS, on January 14, 2005, City staff mailed notices and balloting materials and instructions to each record owner of a parcel within the District announcing that ballots would be canvassed and a hearing conducted on February 28, 2005 on the formation of the District and levy and collection of the Assessment for the 2005 - 2006 fiscal year, and, for each future year following establishment of the District, of the percentage increases specified in the U.S. Department of labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and the U.S. City Average, San Francisco-Oakland-San Jose from February l; and, WHEREAS, the mailed notices included: the total amount of the proposed Assessment chargeable to the entire District, the amount chargeable to the record owner's parcel, the duration of the payments, the reason for the Assessment and the basis upon which the amount of the proposed Assessment was calculated, the date, time and location Resolution No. 2005-031 N.C.S. Page 2 of a public hearing on the proposed Assessment, a summary of the procedures for the completion, return, and tabulation of the Assessment ballots, including a statement that the 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, an assessment ballot, including the City's address for receipt of ballots, a place for the person returning the ballot to indicate his or her name, reasonable identification of the parcel, and his or her support of opposition to the proposed Assessment;4 and WHEREAS., the 1972 Act requires one published notice at least 10 days before the public hearing on the Assessment; and, WHEREAS, on February 16, 2005, City staff published notice in accordance with California Government Code Section 6061 of the public hearing on the Assessment; and, WHEREAS, ballots mailed concerning the proposed Assessment were in a form that concealed their contents once sealed by the person submitting the ballot, and all assessment ballots were received at the address indicated on the ballot. for tabulation; and, WHEREAS, on February 28, 2005, at a regularly schedule meeting at the time date and place stated in the mailed and the published notices, the City Council of the City Petaluma conducted a hearing on the proposed Assessment, permitted any interested person to present written or oral testimony, and considered all objections or protests to the proposed Assessment, including any objections to the Improvements, maintenance of the Improvements, the extent of the District, and/or any zones within the District, the District diagram, and the Engineer's cost estimate, and the City Council of Petaluma fully considered any such written or oral testimony concerning the proposed Assessments and, WHEREAS, ballots on the Assessment were permitted to be submitted, changed or withdrawn by the person who submitted the ballot until the conclusion of the public testimony at the hearing on the proposed Assessment, and ballots remained sealed until the City Clerk commenced tabulation of the ballots following the conclusion of public testimony;b and, WHEREAS, if there is a majority protest against the imposition of a new assessment or the extension or increase of an existing assessment, the assessment may not be imposed, extended, or increased; and, WHEREAS, a majority protest exists if assessment ballots submitted and not withdrawn in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in favor of the assessment, weighting the assessment a Cal. Gov't. Code §53753(b), (c) s Cal. Gov't. Code §53753(d) G Cal. Gov't. Code §53753(c), (e) Cal. Gov't. Code §53753(e)(3) Resolution No. 2005-031 N.C.S. Page 3 ballots by the amount of the proposed assessment to be imposed on the identified parcel for which each assessment ballot was submitted;8 and, WHEREAS, following the conclusion of the public testimony on the proposed Assessment, the City Clerk tabulated one (1) ballot submitted and not withdrawn in support of the proposed Assessment, and zero (0) ballots submitted and not withdrawn in opposition to the proposed Assessment; and, WHEREAS, when weighted according to the amount of the proposed Assessment to be imposed upon the parcel for which each assessment ballot was submitted, the ballots submitted and not withdrawn in opposition to the proposed Assessment did not exceed the ballots submitted and not withdrawn in support of the proposed Assessment, and thus a majority protest does not exist concerning formation of the Assessment; and, WHEREAS, if a majority protest has not been filed concerning a proposed assessment, the legislative body may adopt a resolution ordering the improvements and the formation of the assessment district and confirming the diagram and assessment either as originally proposed by the legislative body or as changed by it, and adoption of the resolution constitutes levy of an assessment for the first -year referred to in the assessment;9 and, Findings WHEREAS, the City Council of the City of Petaluma finds, based on substantial evidence in the whole record before the Council, as follows: 1. Formation of the proposed District and levy of the proposed Assessment is for the purpose of meeting operating expenses of maintaining the District and the Improvements in accordance with the .1972 Act, and/or for the purpose of obtaining funds for capital projects necessary to maintain services within existing service areas in accordance with Title 14, Section 15273, subsection (a)(4) of the California Environmental Quality Act ("CEQA") Guidelines. 2. Maintenance of the Improvements funded pursuant to the Assessment constitutes maintenance of existing landscaping in accordance with Title 14, Section 15301, subsection (h) ofthe CEQA Guidelines. 3. The Improvements constitute minor public alterations in the condition of land, water and/or vegetation that do not involve removal of healthy, mature scenic trees in the form of new gardening or landscaping in accordance with Title 14, Section 15304, subsection (b). s Cal. Gov't. Code §53753(e)(2) 9 Cal. St. & High. Code §22594 Resolution No. 2005-031 N.C.S. Page 4 NOW, TI~EREFORE, 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. Formation of the proposed District and levy of the proposed Assessment, the Improvements and maintenance of the Improvements are exempt from CEQA in accordance with Title 14, Section 15273, subsection (a)(4), Section 15301, subsection (h) and Section 15304, subsection (b) of the CEQA Guidelines. 3. All protests against the Improvements, the proposed District and annual Assessment proposed for Fiscal year 2005-2006, including protests against maintenance of the Improvements, the extent of the District and/or any zones in the District, the District diagrams or the Engineer's estimate of the cost of the Improvements and/or their maintenance have been received and considered. 4. The District that will. benefit from and be assessed for the Improvements and their construction and/or installation and maintenance is situated in the City of Petaluma, California and is more particularly described in the diagrams of the District contained in the Engineer's Report on file in the office of the City Clerk. The Engineer's Report is attached to and made a part of this resolution as Exhibit A. The diagram of the District indicates by a boundary line the extent of the territory included in the District and any zone within the District and the general location of the District. 5. The plans and specifications for the Improvements (both existing and proposed) within the District as contained in the Engineer's Report are adopted and approved. 6. The Engineer's estimate of the cost of the Improvements, and of constructing and/or installing and maintaining the Improvements as contained in the Engineer's Report is adopted and approved. . 7. The public interest, convenience and necessity require and the City Council of the City of Petaluma hereby orders the Improvements to be made and/or installed and maintained as described in the Engineer's Report. 8. The public interest, convenience and necessity require and the City Council of the City of Petaluma hereby orders the formation of the District and the levy and collection of assessments, including the annual Assessment proposed for the 2004- 2005 fiscal year pursuant to the 1972 Act and other applicable law for the construction and/or installation and maintenance of the improvements as described in the Engineer's Report. 9. The diagram showing the exterior boundaries of the District and the boundaries of any zone within the District and the lines and dimensions of each lot or Resolution No. 2005-031 N.C.S. Page 5 parcel of land within the District as such lot or parcel is shown on the County Assessor's map for the applicable fiscal year, each lot or parcel of land of which has been given a separate number on such diagram, as contained in the Engineer's Report, is approved and confirmed. 10. The Assessment of the total amount of the costs and expenses, including incidental expenses, concerning the Improvements fairly distributes such costs amount all assessable lots or parcels of land within the District in proportion to the estimated benefits to be received by such lots or parcels from the Improvements and from the maintenance of the Improvements as contained in the Engineer's Report, and such Assessment is approved and confirmed. 11. The entire Engineer's Report concerning the District, the Improvements, related costs and the Assessment is adopted and approved. 12. The City Clerk is directed to file with the Auditor-Controller of Sonoma County the Assessment and any attachments and diagrams as confirmed by the City Council of the City of Petaluma along with a certificate of such confirmation to be attached to the Assessment. 13. The Sonoma County Auditor-Controller and the Sonoma County Tax Collector are directed pursuant to the 1972 Act to apply the Assessment filed with the Auditor-Controller as contained in the Engineer's Report on file with the City Clerk to the tax roll and the Sonoma County Tax Collector is directed in pursuant to the 1972 Act to collect the Assessment in the same manner as all other such assessments collected by the Sonoma County Tax Collector. 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) (Adjourned) (Special) meeting ~ m on the .........2$`.h........... day of .......Febrztaxy 20.QS., by the ! following vote: City Attorney AYES: Canevaro, Mayor Glass, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: ~ Vice Mayor Harris = /y ~ • ATTEST: l.~l./.~?•5..'•\c_,/• City Clerk ayor Council File Res. No.......2o.Q5.:~3.1........N.C.S.