2024/07/23 City Council Resolution 2024-062 RESOLUTION NO. 2024-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING PROPOSITION 218 ASSESSMENT BALLOT PROCEEDING PROCEDURES
WHEREAS, by Resolution No. 2024-054, approved on July 9, 2024, the City Council ordered the
initiation of proceedings for the formation of Landscape and Lighting District No. 2024-01 (Westside
Services) pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California
Streets and Highways Code (commencing with § 22500 thereof) ("Act");and
WHEREAS, the proposed landscaping maintenance assessment shall be described as "Landscape and
Lighting District 2024-01 (Westside Services)"of the City of Rohnert Park (hereinafter the"Assessment
District"); and
WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to
the California Constitution, which impose certain procedural and substantive requirements relating to
assessments (as defined); and
WHEREAS, the City believes it to be in the best interests of the City and its property owners to
confirm and memorialize the City's procedures and guidelines regarding implementation of the
provisions of Proposition 218 and pertinent statutes relating to assessments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as
follows:
SECTION 1: The above Recitals are in all respects true and correct.
SECTION 2: Statement of Legislative Intent: In adopting this resolution, it is the City Council's
intent to adopt assessment ballot proceedings, which are consistent and in compliance with Articles
XIIIC and XIIID of the California Constitution and with Government Code §§ 53750 through 53754. It
is not the intent of the City Council to vary in any way from the requirements of either the California
Constitution or the laws of the State of California. If there is any inconsistency of each between this
resolution and state law, state law will govern.
SECTION 3: Definition of Assessment: Proposition 218 defines"assessment" as "any levy or
charge by an agency upon real property for the reasonable costs of the proportional special benefit
conferred upon the real property. The special benefits may include the capital cost of the public
improvement, the maintenance and operation expenses of the public improvement or the cost of the
property related service being provided." "Assessment" includes, but is not limited to, "special
assessment," "benefit assessment," "maintenance assessment,"and "special assessment tax."
SECTION 4: Assessment Ballot Proceeding: The following procedures shall be used in an
assessment ballot proceeding that follows the requirements of California Constitution, Article XIIID, §
4:
A. Amount of Assessment: Only special benefits are assessable. The amount of assessment shall be
each identified parcel's proportionate share of the cost of the improvements and services conferred
upon that parcel. The amount shall be proportional to, and no greater than, the special benefits
conferred on each parcel.
B. Engineer's Report: The City Council shall direct the filing of an engineer's report that shall
comply with the applicable state statute(s) authorizing the assessment and with California
Constitution, Article XIIID, § 4. The engineer's report shall explain the special benefits conferred
by the improvements and/or services funded by the assessments. The engineer's report shall also
provide the evidence upon which the City Council may find that a special benefit exists. If the
improvement or service confers a general benefit, the engineer's report shall describe the general
benefit and an alternative funding source for any general benefits. The engineer's report shall be
prepared by a registered professional engineer certified by the State of California, ("Engineer of
Work"). The cost of preparing the engineer's report shall be included as a cost of the assessment.
C. Notice: The following guidelines shall apply to giving notice of anassessment:
1. The record owner(s) of each parcel to be assessed shall be determined from the last
equalized secured property tax roll. (See Government Code § 53750(j).) If the property tax
roll indicates more than one owner, each owner shall receive notice. Only property owners
shall receive notice;
2. The notice shall be sent at least forty-five (45) days prior to the date set for the public
hearing on the City Council action to impose the proposed assessment;
3. The notice provided by this Section 4(C) of this resolution shall contain the following
information:
a. The total amount to be assessed for the entire assessment district;
b. The amount to be assessed to the owner's particular parcel;
c. The duration of the payments;
d. The reason for the assessment;
e. The basis upon which the amount of the proposed assessment was calculated;
f. The date, time. and location of the public hearing on the proposed assessment;
g. A summary of the procedures for the completion, return and tabulation of the
assessment ballots;
h. A disclosure statement that the existence of a majority protest will result in the
assessment not being imposed;and
i. A ballot to be completed by the owner, as further described in Section 4(D) of this
resolution. [All subsequent references to "Section" shall be "of this resolution"
unless specifically identified otherwise.]
4. The notice provided by this Section 4(C) and in accordance with California Code §§
53753(b) and (c) shall supersede and be in lieu of any other statutes requiring notice to
levy or increase an assessment, including but not limited to the notice required by the
state statute authorizing the assessment and California Government Code § 54954.6;
5. Failure of any person to receive notice shall not invalidate the proceedings;
6. The cost of providing notice shall be included as a cost of the assessment.
D. Assessment Ballot: The following guidelines shall apply to the assessment ballot:
1. The ballot required by Article XIIID, § 4(d), of the California Constitution shall be
mailed to all record owners subject to the proposed assessment at least forty-five (45)
days prior to the date of the public hearing on the proposed assessment. Said ballot shall
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comply with the requirements of California Government Code §§ 53753(b) and(c). The
ballot shall be designed in such a way that, once sealed, its contents are concealed.
2. All ballots must be returned either by mail or by hand delivery, and received by the City
Clerk not later than the date and time for return of ballots stated on the notice and ballot
described in this section. Mailed ballots must be returned to City of Rohnert Park, City
Clerk, 130 Avram Avenue, Rohnert Park, CA 94928. Hand delivered ballots may be
returned to the City Clerk at the time and location of the public hearing,to be held at the
Rohnert Park City Hall located at 130 Avram Avenue, Rohnert Park, CA. Ballots must
be received by the City Clerk, either by mail or by hand delivery, prior to the conclusion
of the public input portion of the public hearing. The City Clerk("Tabulator") shall
tabulate the ballots upon the close of the public input portion of the public hearing.
3. Each ballot must be signed under penalty of perjury. In the event that more than one (1)
of the record owners of a parcel submits an assessment ballot, the amount of the
proposed assessment to be imposed upon the parcel shall be allocated to each ballot
submitted in proportion to the respective record ownership interests as shown on the last
equalized secured property tax assessment role unless the record owner submits to the
City Clerk documentation that establishes to the satisfaction of the City Council a
different proportion of record ownership interests. If two (2) or more persons own a
parcel subject to the assessment, any one (1) owner may cast an assessment ballot for all
owners.
4. If a parcel has multiple owners, any owner may request and return a proportional
assessment ballot. If the ownership interest of the owner is not shown on the last
equalized secured property tax assessment roll, such request must include evidence,
satisfactory to the Engineer of Work, of the owner's proportional rights in the parcel.
The Engineer of Work will provide the proportional ballot to the owner at the address
shown on the assessment roll. Any request for a ballot to be mailed to another location
must include evidence, satisfactory to the Engineer of Work, of the identity of the person
requesting the ballot. Each proportional ballot will be marked to identify it as a
proportional ballot and to indicate the owner's proportional rights in the parcel. The
Engineer of Work shall keep a record of each proportional ballot provided to an owner.
5. The City will only accept official ballots mailed or otherwise provided to owners by the
Engineer of Work.
6. If an assessment ballot is lost, withdrawn, destroyed, or never received, the Engineer of
Work will mail or otherwise provide a replacement ballot to the owner upon receipt of a
request delivered to the City Clerk or the Engineer of Work. The replacement ballot will
be marked to identify it as a replacement ballot or a replacement proportional ballot.
Any request for a replacement or replacement proportional ballot to be mailed to another
location must include evidence, satisfactory to the Engineer of Work of the identity of
the person requesting the ballot. The same procedure applies to replacement ballots or
replacement proportional ballots, which are lost, withdrawn, destroyed, or never
received.
7. If an assessment ballot is returned by the United States Post Office as undeliverable, the
Engineer of Work may mail a redelivered ballot to the current property owner, if
updated ownership or owner mailing address can be determined. The redelivered ballot
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will be marked to identify it as a redelivered ballot.
8. An assessment ballot proceeding is not an election or voting for purposes of Article II of
the California Constitution or of the Elections Code.
9. An assessment ballot is a disclosable"public record" as that phrase is defined by
California Government Code § 6252 during and after tabulation of the ballots.
10. The California Government Code requires that assessment ballots be signed by property
owners. However, property owner names and corresponding votes will remain
confidential, except as necessary to count the votes or as disclosure is required by
California law.
11. To complete an assessment ballot, the owner of the parcel or his or her authorized
representative must(1) mark the appropriate box (or circle) supporting or opposing the
proposed assessment, and (2) sign, under penalty of perjury, the statement on the ballot
that the person completing the ballot is the owner of the parcel or the owner's authorized
representative. Only one (1) box(or circle) may be stamped or marked on each ballot.
All incomplete or improperly marked ballots shall be disqualified from balloting. The
Tabulator will retain all such invalid ballots.
12. After returning an assessment ballot to the City (in accordance with Section 4(D)(2)), the
person who signed the ballot may withdraw the ballot by submitting a written statement
to the City Clerk directing the City to withdraw the ballot. Such statement must be
received by the City Clerk(in accordance with the procedures for returning assessment
ballots to the City under Section 4(D)(2)). When ballots for the assessment are tabulated,
the Tabulator will segregate withdrawn ballots from all other returned ballots. The
Tabulator will retain all withdrawn ballots and will indicate on the face of such
withdrawn ballots that they have been withdrawn.
13. In order to change the contents of a ballot that has been submitted, the person who has
signed that ballot may (1) direct the City to withdraw the ballot (in accordance with
Section 4(D)(12)), (2)request that the City Clerk issue a replacement ballot, and(3)
return the replacement ballot fully completed. Each of these steps must be completed
according to the procedures set forth above so that the fully completed replacement
ballot is received by the City Clerk in accordance with Section 4(D)(2).
E. Tabulating Ballots: The following guidelines shall apply to tabulating assessment ballots:
1. Assessment ballots shall remain sealed until ballot tabulation commences. Ballot
tabulation shall not commence until after the conclusion of the public input portion of
the public hearing. Once the first ballot is unsealed, no ballots may be modified, and all
timely and valid ballots shall be tabulated in accordance with this resolution.
2. The City Clerk(as the Tabulator) shall oversee and direct the tabulation of the
assessment ballots. The Tabulator shall follow the rules and procedures of the laws of
the State of California, this Resolution and any other rules and procedures of the City
Council. If the Tabulator needs clarification, then he or she shall inquire of the City
Council, which is the final arbiter. The following categories of submissions shall be
deemed to be invalid and not tabulated as an assessment ballot:
a. Any form of a ballot that is not an official ballot provided by the City in
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accordance with this resolution(this means a photocopy of a ballot, or a letter, is
not a valid ballot);
b. An unsigned ballot, or ballot signed by an unauthorized individual;
c. A ballot which lacks an identifiable mark in the box for a"yes"or"no"vote or
with more than one (1) box marked, will not be counted;
d. A ballot which appears tampered with or otherwise invalid based upon its
appearance or method of delivery or other circumstances;
e. A ballot for which the barcode representing the parcel number is damaged or
obstructed, unless the parcel number or property ownership information is legible
and allows the Tabulator to clearly determine the property(s) identified on the
ballot.
f. A ballot received after the close of the balloting time period.
3. If more than one (1) of the record owners of a parcel submits an assessment ballot, the
amount of the proposed assessment to be imposed upon the parcel shall be allocated to
each ballot in accordance with Section 4(D)(3) and 4(D)(4).
4. In the event of a dispute regarding whether the signer of a ballot is the owner of the
parcel to which the ballot applies, the City Council will make such determination from
the official County Assessor records and any evidence of ownership submitted to the City
Council prior to the conclusion of the public hearing. The City Council shall be under no
duty to obtain or consider any other evidence as to ownership of property and its
determination of ownership will be final and conclusive.
5. In the event of a dispute regarding whether the signer of a ballot is an authorized
representative of the owner of the parcel, or any other dispute regarding the validity of
any ballot, the City Council may rely on: (a)the statement on the ballot signed under
penalty of perjury that the person completing the ballot is the owner's authorized
representative, and (b) any evidence submitted to the City Council prior to the conclusion
of the public input portion of the public hearing. The City Council will be under no duty
to obtain or consider any other evidence to resolve the dispute, and its determination will
be final and conclusive.
6. A property owner who has submitted an assessment ballot may withdraw the ballot and
submit a new or changed ballot up until the conclusion of the public input portion of the
public hearing on the assessment in accordance with Sections 4(D)(12) and 4(D)(13).
7. A property owner's failure to receive an assessment ballot shall not invalidate the
proceedings conducted under this section and California Constitution Article XIIID, § 4
8. The City shall retain all ballots for a period of two (2)years from the date of the public
hearing.
F. Public Hearing.
1. At the public hearing, the City Council shall hear and consider all public testimony,
objections and protests regarding the proposed assessment and accept ballots until the
close of the public input portion of the public hearing.
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2. Reasonable time limits may be imposed on both the length of the entire hearing and the
length of each speaker's testimony.
3. At the conclusion of the public input portion of the hearing, but prior to the conclusion
of the public hearing, the City Council will direct the Tabulator to unseal and tabulate
all valid ballots in public view so as to permit all interested persons to meaningfully
monitor the accuracy of the tabulation process.
4. If it is not possible to tabulate the ballots on the day of the public hearing, or if
additional time is necessary for public testimony, the City Council may continue the
public hearing from time to time in order to receive additional testimony, information,
or to finish tabulating the ballots.
5. If, according to the final tabulation of the ballots, ballots submitted against the
assessment exceed the ballots submitted in favor of the assessment, weighted according
to the proportional financial obligation of each affected parcel, a"majority protest"
exists and the City Council shall not impose the assessment.
DULY AND REGULARLY ADOPTED this 23`1 day of July, 2024.
CITY OF/'�I ERT PARK
( Ali 1 '
ATTEST: G: and iudice, 0 .yor Pro Tem
Elizabet Machado, Assistant City Clerk
AP ROVED AS TO FO :
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AYES: ( If. ) NOES: ( 95 ) ABSENT: ( ( ) ABSTAIN: ( 05 )
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