Res 19-023RESOLUTION NO. 19-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, DECLARING THE RESULTS OF THE
PROPERTY OWNER PROTEST BALLOT PROCEEDING
CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED
TO THE FORMATION OF THE CITY OF POWAY LANDSCAPE
MAINTENANCE DISTRICT NO. 19-1 AND THE WRITTEN
PROTEST PROCEEDING FOR THE DETACHMENT OF
TERRITORY FROM THE CITY OF POWAY LANDSCAPE
MAINTENANCE DISTRICT NO. 87-1, AND APPROVING
CERTAIN RELATED ACTIONS
WHEREAS, on April 2, 2019, the City Council of the City of Poway (the "City") adopted
Resolution No. 19-018 initiating proceedings to form Landscape Maintenance District No. 19-1
(the "District"), to detach from the City of Poway Landscape Maintenance District 87-1
("LMD 87-1") those certain lots and parcels of land to be included in the District that are
currently located in LMD 87-1 (the "Detached Parcels"), and directing the preparation and filing
of an assessment engineer's report pursuant to the provisions of the Landscaping and Lighting
Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code
(the "1972 Act"), and in compliance with the substantive and procedural requirements of Article
XIII D, section 4 of the California State Constitution (the "California Constitution") and the
Proposition 218 Omnibus Implementation Act (the "Omnibus Act"), being Government Code
section 53750 et seq., (collectively, the "Assessment Law");
WHEREAS, the City Council did receive an Assessment Engineer's Report (hereafter
referred to as the "Engineer's Report") prepared by Willdan Financial Services in accordance
with the Assessment Law;
WHEREAS, on April 2, 2019, the City Council adopted Resolution No. 19-019 declaring
its intention to: (i) form the District; (ii) levy and collect new assessments against lots and
parcels of land within the District to pay the cost and expenses related to the special benefits
received from the operation, maintenance, installation and servicing of landscaping
improvements, and appurtenant facilities related thereto; (iii) conduct a property owner ballot
protest proceeding regarding the proposed assessments; and (iv) detach the Detached Parcels,
subject to and conditioned upon the formation of the District in accordance with the Assessment
Law;
WHEREAS, the Engineer's Report has been made a part of the record of these
proceedings and is on file in the office of the City Clerk (the "City Clerk");
WHEREAS, pursuant to Resolution No. 19-019, the City Council: (a) set the time and
place for conducting a public hearing for the purpose of hearing property owner protests to the
proposed formation of the District, maintenance and servicing of the improvements and the
assessments proposed to be levied on land within the District; and (b) ordered that the record
owner of each parcel proposed to be assessed have the right to submit an assessment ballot in
favor of or in opposition to the formation of the District, the assessment proposed to be levied on
such parcel and the detachment from LMD 87-1 as applicable;
Resolution No. 19-023
Page 2
WHEREAS, in accordance with the Assessment Law, the City Council duly held a
property owner ballot protest proceeding for the formation of the proposed District for the
purpose of presenting to the qualified property owners within the proposed District, the annual
levy of assessments for the improvements connected therewith and the detachment of the
Detached Parcels subject to and conditioned upon the formation of the District. The annual levy
of assessments, as presented to the affected property owners of record in this ballot protest
proceeding, included and identified the initial maximum assessment rate for Fiscal
Year 2019-20, the proportional assessment amount balloted for each benefiting property as well
as the annual inflationary adjustment applicable to future assessments and the total amount
balloted for the District. These assessments as presented are intended to fund in whole or in
part, the special benefit costs and expenses related to the ongoing maintenance, operation and
servicing of the local landscaping improvements and appurtenant facilities related thereto as
more fully described in the Engineer's Report; and
WHEREAS, the owners of record of identified parcels within the proposed District as of
the close of the Public Hearing held on May 21, 2019 did cast their ballots, weighted by the
proportional financial obligation of each property for which a ballot was submitted and not
withdrawn, and the owners of the Detached Parcels were provided an opportunity to submit
written protests to the proposed detachment of their parcels from LMD 87-1.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
SECTION 1: That the foregoing recitals are true and correct.
SECTION 2: The ballot protest proceedings for the proposed District were conducted
pursuant to the provisions of the Assessment Law, with ballots presented to the affected
property owner(s) for receipt by the City Clerk prior to the conclusion of the Public Hearing on
May 21, 2019, with each ballot weighted according to the proportional financial obligation of the
affected property. The written protest proceedings for the detachment of the Detached Parcels
were conducted in accordance with the 1972 Act.
SECTION 3: The tabulation and canvass of the property owner protest ballots and
written protests to the detachment of the Detached Parcels was conducted by the City Clerk or
her designee, with all valid protest ballots and written protests returned by the affected property
owners being counted and confirmed. The City Clerk has prepared and submitted to the City
Council a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the
"Certificate of the Tabulation Official"), a copy of which is attached as Exhibit A hereto and
incorporated herein by this reference, which reflects the results of the tabulation of the
assessment ballots and written protests submitted and not withdrawn.
SECTION 4: The City Clerk is hereby directed to enter this Resolution into the minutes
of the City Council, which shall constitute the official declaration of the results of such property
owner ballot protest proceeding.
SECTION 5: This Resolution shall become effective immediately upon its adoption and
the City Clerk shall certify the adoption of this Resolution.
Resolution No. 19-023
Page 3
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 21st day of May, 2019 by the following vote, to wit:
AYES: MULLIN, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: LEONARD
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Faviola "I CMC, City Clerk
Resolution No. 19-023
Page 4
Certificate of Tabulation Official and Statement of Assessment Ballots
Submitted for City of Poway Landscape Maintenance District No. 19-1
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) SS
CITY OF POWAY
The undersigned, the duly authorized tabulation official appointed by the City Council of the City
of Poway, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIII D of the
Constitution of the State of California and the Proposition 218 Omnibus Implementation Act
(Government Code Section 53750 and following), I did tabulate the assessment ballots timely
submitted, and not withdrawn, in the assessment ballot proceedings pertaining to City of Poway
Landscape Maintenance District No. 19-1.
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the
assessment ballots submitted, and not withdrawn, in favor of the proposed assessment and the
assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment,
each total weighted according to the financial obligation of the affected properties for which the
assessment ballots were submitted.
Total assessment ballots distributed
360
Total assessment ballots submitted and not withdrawn
210
Assessment ballots submitted, and not withdrawn, in favor of the
92
proposed assessment
Weighted value of assessment ballots submitted, and not withdrawn,
$234,255
in favor of the proposed assessment
Assessment ballots submitted, and not withdrawn, in opposition to the
proposed assessment
118
Weighted value of assessment ballots submitted, and not withdrawn,
$188,215.86
in opposition to the proposed assessment
Total number of the record owners of the Detached Parcels
360
Total number of written protests submitted in opposition to detaching
the Detached Parcels
0
This certificat' n ecuted this 21 st day of May, 2019 in Poway, California.
By:
Title: City Clerk
Exhibit A