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HomeMy WebLinkAboutResolution 2012-108 N.C.S. 07/02/2012 Resolution No. 2012-108 N.C.S. of the City of Petaluma, California APPROVING THE TABULATION OF BALLOTS FOR THE ASSESSMENT UPDATE FOR THE SONOMA GLEN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WHEREAS, the City of Petaluma ("City") is responsible for managing the Sonoma Glen Landscape Maintenance Assessment District ("District"); and, WHEREAS, at its May 7, 2012 regular public meeting, the City Council received, accepted, and filed an Engineer's Report for an Assessment Update("Assessment Update") for the District, authorized an assessment ballot proceeding in conformance with the requirements of Article XIIID of the California Constitution and Sections 53750 et seq. of the California Government Code and set a public hearing on the Assessment Update for July 2, 2012; and, WHEREAS, on or before May 18, 2012, the City of Petaluma provided to all property owners of record in the District a "Notice of Property Assessment and Public Hearing" ("Notice"), of the public hearing on the Assessment Update; and, WHEREAS, the City provided with the Notice an assessment ballot for each owner of record to approve or disapprove the proposed Assessment Update and a copy of the Engineer's Report; and, WHEREAS, on July 2, 2012 the City Council conducted a public hearing on the proposed Assessment Update in accordance with the Notice, provided the public with an opportunity to comment on the Assessment Update, and considered all protests to the Assessment Update; and, WHEREAS, the City Clerk received sealed ballots representing 175 properties prior to the close of the public testimony portion of the public hearing; and, WHEREAS, after the close of the public testimony portion of the public hearing, the City Council directed that the sealed ballots be opened in public and tabulated by impartial persons as provided by law. The tabulation of ballots indicated the following: Resolution No. 2012-108 N.C.S. Page 1 76 Single family parcels @$75 per parcel voted in favor of the Assessment Update 30 Townhome properties @$49 per parcel voted in favor of the Assessment Update 48 Single family parcels @ $75 per parcel voted against the Assessment Update 21 Townhome properties @ $49 per parcel voted against the Assessment Update Ballot(s) were disqualified as lacking an indicated vote, votes inconsistent with the type of parcel ownership, lack of original 5 signatures, improper or late receipt or other disqualifying conditions consistent with the Notice and provisions of State law, including Government Code sections 53750 et seq. $4 727 Total value voted against the Assessment Update (48 single family homes x $75; plus 23 townhomes x $49) $7 170 Total value voted in favor of the Assessment Update (76 single family homes x $75; plus 30 townhomes x $49) NOW, THEREFORE, BE IT RESOLVED after a duly noticed public hearing held on July 2, 2012, the City of Petaluma has determined from the tabulation of property assessment ballots that there is not a majority protest to the Sonoma Glen Landscape Maintenance Assessment District Assessment Update, resulting in approval of the Sonoma Glen Landscape Maintenance Assessment Update. Under the pourer 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 meeting on the 2°d day of July.2012, • form: by the following vote: • y Attorney AYES: Albertson,Barrett, Mayor Glass,Harris,Healy,Kearney,Vice Mayor Renee NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk May r Resolution No.2012-108 N.C.S. Page 2