Fiscal Implications
The result of the balloting on the Proposed Fire Assessment indicates that the measure received a majority protest. As a result, the City General Fund will have to bear the cost of the election rather than these costs being covered by assessment district proceeds. Staff estimates that this cost will be approximately $15,000. This appropriation will be addressed in the City’s Mid Year Budget Adjustments in February.
Background
On July 24, 2006, the City Council adopted four resolutions, which initiated proceedings to form a Fire Suppression Assessment, approved a preliminary Engineer’s Report (the “Report”) related to the proposed Fire Suppression Assessment, declared the City Council’s intention to hold a property owner protest ballot proceeding, established the rules and procedures governing the balloting process, and set a time and place for a Public Hearing on the Fire Suppression Assessment in full compliance with applicable State law. The annual revenue anticipated from this proposed assessment would have been $1,268,527. The Public Hearing was conducted and the Authorization to Count Ballots was given by the City Council at its last meeting on November 13, 2006.
Tabulating the Ballots
After close of the Public Hearing, the matter was continued to tonight’s City Council Meeting. In the interim, Muni Financial worked with the City Clerk to tabulate the ballots. The results of the tabulation showed that there were 282,982.46 weighted votes in favor of the measure (47%) and 317,723.10 weighted votes opposed to the measure (53%). This constitutes a majority protest to the Proposed Fire Assessment. (A detailed analysis of the vote, percentage and turnout by class is attached.)
A majority protest exists when the weighted ballots submitted in opposition to the fire assessment exceed the weighted ballots submitted in favor of the fire assessment. In this regard, the ballots are weighted according to the proportional financial obligation of the affected property. For example, a property that is assessed $100.00 shall have twice the voting power when compared to a property that is assessed $50.00.
Accepting the Results of the Balloting
The results of the tabulation of the ballots are memorialized in a resolution at tonight’s City Council Meeting. Since there is a majority protest to the Proposed Fire Assessment, the proposed assessment cannot proceed.
Alternatives
- Accept the Staff Report on the Balloting on the Proposed Fire Assessment Measure and Adopt a Resolution Declaring the Results of the Property Owner Protest Proceeding.
- Provide the Staff with alternative direction.
Submitted by:
Brian Moura
Assistant City Manager
Approved by:
Mark Weiss
City Manager
Attachments
- Resolution Declaring Results (PDF
, 13 kb) - Analysis of Balloting Results (PDF , 62 kb)
