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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