Loading...
2000/01/11 City Council Resolution (16)RESOLUTION NO. 2000 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING CERTIFICATION OF THE BALLOT RESULTS FOR THE FIRE SUPPRESSION BENEFIT ASSESSMENT DISTRICT NO. 00-1 ACCEPTING THE FINAL ENGINEER'S REPORT, AND ESTABLISHING THE FIRE SUPPRESSION BENEFIT ASSESSMENT. WHEREAS, Article 3.6 of Chapter 1, Part 1, Division 1 of Title 3 of the Government Code of the State of California (commencing at Section 50078), the "Fire Suppression Assessment Law", provides that the Rohnert Park City Council may determine and levy an assessment for fire suppression services; and WHEREAS, On November 5, 1996, California voters approved Proposition 218, entitled "Right to Vote On Taxes Act ", which added Articles XIIIC and XIIID to the California Constitution which established procedural requirements for the formation and administration of assessment districts; and WHEREAS, On October 26,1999, the Rohnert Park City Council approved Resolution 99 -229 Adopting Proposition 218 Assessment Ballot Proceedings Procedures; and WHEREAS, the Rohnert Park City Council retained Berryman and Henigar to prepare an Engineer's :Report pursuant to Articles XIIIC and XIIID of the California Constitution and Section 50078 et. seq. of the Government Code of the State of California; and WHEREAS, On November 9, 1999, the Rohnert Park City Council approved Resolution 99 -241 accepting the Preliminary Engineer's Report, authorizing conducting an assessment ballot proceeding, and setting the time and place of a public hearing; and WHEREAS, Berryman and Henigar have filed with the Rohnert Park City Council a Final Engineer's Report: (hereinafter referred to as "the Report') which contains: (a) a calculation of the portion of fire suppression services that constitute a special benefit to parcels in the City; (b) a methodology for assigning fire suppression benefit assessments to individual parcels; (c) a listing of each lot or parcel of property that would be subject to the fire suppression benefit assessment including public parcels; and (d) the amount of the assessment for each lot or parcel for the 2000/2001 fiscal year; and WHEREAS, public hearing; notices and assessment ballots were duly and regularly mailed on November 24, 1999 in the time, form and manner required by Resolution 99 -229 and the Rohnert Park City Council held a public hearing on Resolution 2000 -16 Page 2 January 11, 2000 that was conducted according to the procedures in Resolution 99 -229. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert Park that the above recitals are true and correct. BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that the canvass of the assessment ballots submitted by property owners is complete and certified by the Rohiaert Park City Clerk, and the votes cast are as follows: Total Number of Valid Ballots Processed: 4,966 Total Assessment Amount of Valid Ballots: $186,735.36 Total Number of "Yes" Votes Processed: 3,234 Total Assessment Amount of "Yes" Votes Processed: $113,342.86 Total Percentage of "Yes" Assessment Amount 60.7% Total Number of "No" Votes Processed: 1,732 Total Assessment Amount of "No" Votes Processed: $73,392.50 Total Percentage of "No" Assessment Amount 39.3% Total Number of "Invalid" Ballots Processed: 185 Total Assessment Amount of "Invalid" Ballots: $6,150.54 BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that, as determined by ballots cast as weighted according to the amount of assessment for each parcel, a majority of the property owners voted to establish the Fire Suppression Benefit Assessment. BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that 11,005 ballots were sent -to property owners on November 24, 1999 and of those ballots, votes were cast on 4,966 ballots and returned to the City Clerk's office prior by the close of the public hearing on January 11, 2000 and of the ballots returned, 185 ballots were declared invalid. The voter turnout was 46.8 percent based on the number of all ballots returned and 46.3 percent based on the number of all ballots returned as weighted according to the assessment for each parcel. BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that the express purpose for which the Fire Suppression Benefit Assessment is levied is to establish a stable source of supplementary funds to obtain, furnish, operate, and maintain fire suppression equipment and apparatus and for the purpose of paying the salaries and benefits of Public Safety personnel assigned to fire suppression duties. Resolution 2000 -16 Page 3 BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that any funds collected from the Fire Suppressing Benefit Assessment shall be expended only for the special benefit of parcels within the City of Rohnert Park. Any unexpended funds raised by the Fire Suppression Benefit Assessment remaining at the end of any fiscal year shall be carried over to be utilized for the same purposes in the next fiscal year. BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that the Report is hereby accepted and the Fire Suppression Benefit Assessments contained in the Report shall be levied upon the real property within the City of Rohnert Park according to the definitions, standards, and formulas and for the duration as set forth in the Report. The amount of the Fire Suppression Benefit Assessments may be adjusted July 1 of each ensuing fiscal year in a percentage not to exceed the change in the consumer price index for San Francisco - Oakland -San Jose during the preceding twelve months not to exceed three percent (3 %). The records of the County Assessor of the County of Sonoma shall be used to determine the location and classification of use of any parcel for the purpose of determining the applicable Fire Suppression Benefit Assessment. BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that the Fire Suppression Benefit Assessments shall be collected in the same manner, and subject to the same penalties as other fees, charges and taxes fixed and collected by, or on behalf of, the City of Rohnert Park. BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that, or order of the Rohnert Park City Council, the Fire Suppression Benefit Assessment as it applies to any parcel may be corrected, cancelled or a refund granted, as appropriate. BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that this Resolution shall become effective immediately after its adoption. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 11th day of January 2000. ATTEST: THE CITY OF ROHNERT PARK d� I �� � I �-ti ��2�a -✓ 1 � Mayor JD u qty Cle i=9 Mackenzie AYE Reilly NO Seise ]KO Vidak- Madinez AYE 4 Ayes: (3) Noes: (2) Absent: (0� Abstain: —(0)