HomeMy WebLinkAboutCC Resolution 13181 (Protest Ballot; Pt. San Pedro Rd. Assessment Dist.)RESOLUTION NO. 13181
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DECLARING THE RESULTS OF THE PROPERTY
OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED
FOR THE PROPOSED FORMATION OF THE PT. SAN PEDRO
ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT,
AND THE LEVY OF ASSESSMENTS RELATED THERETO;
COMMENCING WITH FISCAL YEAR 2011/2012
RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as
follows:
Section 1. Resolution of Intention. On May 2, 2011, the Council adopted its resolution entitled
"Resolution of the City Council of the City of San Rafael Declaring its Intention to Order Formation of
the Pt. San Pedro Road Median Landscaping Assessment District, to Levy and Collect Assessments, and
to Issue Bonds; and for Such Purpose Setting a Public Hearing, and Directing the Mailing of a Notice of
the Public Hearing and Ballot on Formation of the District to Affected Property Owners" (the
"Resolution of Intention") declaring its intention (a) to order the formation of an assessment district
designated "City of San Rafael Pt. San Pedro Road Median Landscaping Assessment District" (the
"Assessment District") pursuant to the Landscaping and Lighting Act of 1972, Part 2, commencing with
Section 22500, of Division 15 of the California Streets and Highways Code (the "Act"), (b) to levy and
collect assessments with respect to the Assessment District, and (c) to issue bonds pursuant to the Act
(the "Bonds").
Section 2. Ballot Proceedings. In accordance with the provisions of the California Constitution,
Article XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for
the proposed new assessments for the Assessment District as required by law, with the notices of the
hearing, including an assessment ballot being mailed to the property owners of record subject to the
proposed annual assessments for the costs and expenses related to the capital costs associated with
construction and restoration of the landscaping within the Pt. San Pedro Road medians, as well as the
ongoing maintenance and operation of those improvements as authorized by the Act and the provisions of
the California Constitution. The notices and ballots presented to the property owners of record were
mailed on or before May 6, 2011 as required by law and identified the total amount balloted to all
properties, the estimated capital costs, the proposed assessment rates which included the debt service on
the bonds to be issued to pay the cost of the capital improvements, the property's proposed proportional
annual amount commencing with Fiscal Year 2011/2012 and the inflationary adjustment applicable to
future assessments.
Section 3. Public Hearing. Pursuant to the Act, the California Constitution and the Resolution
of Intention, the Council ordered that a public hearing be held before the Council, in the meeting place
thereof, City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, California, on the 20th day of
June, 2011, at the hour of 8:00 p.m., on the questions of the formation of the Assessment District and the
levy of the proposed assessments, and for the purposes of this Council's determination whether the
public interest, convenience and necessity require the improvements and the maintenance services, and
whether the properties in the Assessment District are specially benefited by the improvements and
maintenance services. The hearing was held, and all persons interested and desiring to be heard were
given an opportunity to be heard, and all matters and things pertaining to the acquisitions and
improvements were fully heard and considered by the Council, and any protests, both written and oral,
were duly heard, considered, and all assessment ballots submitted by property owners were received and
tabulated by the City Clerk, an impartial person designated by the Resolution to conduct the tabulation,
with the assistance of the City's consultants.
Section 4. Results of the Ballot Tabulation. Whereas, upon the close of the Public Hearing
held on June 20, 2011 the protest ballots returned by the property owners of record within the proposed
District were opened and tabulated, the results of which are illustrated below:
Yes —mm In Favor of Assessment: $100.282.49
No _- Opposed to Assessment: $63.156.58
Section 5. Confirmation of the Ballot Results. The canvass of the protest ballots cast for the
new assessments within the District received prior to the close of the public hearing and weighted
according to the proportional financial obligation of the affected properties is hereby approved and
confirmed.
Section 6. Effective Date. The City Clerk is hereby directed to enter this Resolution on the
minutes of this meeting, which shall constitute the official declaration of the result of such property
owner protest ballot proceeding and this resolution shall be effective upon the date of its adoption.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a special meeting of the Council of the City
of San Rafael held on the 22nd day of June, 2011, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ESTHER C. BEIRNE, City Clerk