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Res 18-023RESOLUTION NO. 18-023 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. 18-1, FISCAL YEAR 2018-19, AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, on March 6, 2018, the City Council of the City of Poway (the "City") adopted Resolution No. 18-005 initiating proceedings to form Landscape Maintenance District No. 18-1 ("District") 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 ("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 March 6, 2018, the City Council adopted Resolution No. 18-007 declaring its intention to form the District, preliminarily approving the Assessment Engineer's Report, and calling for a property owner ballot protest proceeding to levy and collect assessments within 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. 18-007, 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 and the assessment proposed to be levied on such parcel; 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. 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 2018-19, 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 and as more fully described in the Engineer's Report; and Resolution No. 18-023 Page 2 WHEREAS, the owners of record of identified parcels within the proposed District as of the close of the Public Hearing held on May 1, 2018 did cast their ballots, weighted by the proportional financial obligation of each property for which a ballot was submitted and not withdrawn. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows: 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 1, 2018, with each ballot weighted according to the proportional financial obligation of the affected property. Section 3: The tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or her designee, with all valid protest ballots 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 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. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 15th day of May 2018. Steve Vaus, Mayor ATTEST: yw� Nancy lieuield, CMC, City Clerk Resolution No. 18-023 Page 3 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 18-023 was duly adopted by the City Council at a meeting of said City Council held on the 15th day of May 2018, and that it was so adopted by the following vote: AYES: CUNNINGHAM, LEONARD, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: GROSCH Nancy Neu elf d; CMC, City Clerk City of Poway Resolution No. 18-023 Page 4 Exhibit A Certificate of Tabulation Official and Statement of Assessment Ballots Submitted for City of Poway Landscape Maintenance District No. 18-1 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. 18-1. 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 1,696 Total assessment ballots submitted and not withdrawn 935 Assessment ballots submitted, and not withdrawn, in favor of the proposed assessment 314 Weighted value of assessment ballots submitted, and not withdrawn, in favor of the proposed assessment $81,857.24 Assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment 621 Weighted value of assessment ballots submitted, and not with- drawn, in opposition to the proposed assessment $144,780.48 This certification is executed this day of. 2018 in, California. By: Title: