Res 18-024RESOLUTION NO. 18-024
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. 18-2, 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. 18-006 initiating proceedings to form Landscape Maintenance District No. 18-2
("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. 18-008
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. 18-008, 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. 18-024
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:
Nancy eu el I, CMC, City Clerk
Resolution No. 18-024
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. 18-024 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, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: LEONARD
yww ��
Nancy eufe d, dMC, City Clerk
City of Poway
Resolution No. 18-024
Page 4
L01111i7[id
Certificate of Tabulation Official and
Statement of Assessment Ballots Submitted for
of Poway Landscape Maintenance District No. 18-2
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. 18-2.
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
1,256
Total assessment ballots submitted and not withdrawn
664
Assessment ballots submitted, and not withdrawn, in favor of
239
the proposed assessment
Weighted value of assessment ballots submitted, and not
$128,330.32
withdrawn, in favor of the proposed assessment
Assessment ballots submitted, and not withdrawn, in
425
opposition to the proposed assessment
Weighted value of assessment ballots submitted, and not with-
$165,813.80
drawn, in opposition to the proposed assessment
This certification is executed this /f& day of. 2018 in Ze/�
California. o
By:�O/O�f//
Title: