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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL,
CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST
BALLOT PROCEEDING CONDUCTED FOR THE LEVY OF INCREASED ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO. 20 (COMMERCIAL LANDSCAPING AND LIGHTING) – ZONE 1, AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of 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”), the City of Pleasant Hill (the “City”) City Council by Resolution No. 4-24 initiated proceedings and ordered the preparation of an Engineer’s Report in connection with the proposed increased assessment for the City of Pleasant Hill Assessment District No. 20 (Commercial Landscaping and Lighting) (the “District”) – Zone 1, to fund in whole or in part, the special benefit costs and expenses for the ongoing maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities related thereto; and
WHEREAS, the City Council did receive an Assessment Engineer’s Report (hereafter referred to as the “Engineer’s Report”) prepared by Harris & Associates in accordance with the Assessment Law; and
WHEREAS, after fully considering the Engineer's Report presented, the City Council adopted Resolution No. 36-24 (“Resolution of Intention”) preliminarily approving said Engineer’s Report, declared its intention to increase the assessment, to conduct a property owner ballot protest proceeding regarding the proposed increased assessments in compliance with the substantive and procedural requirements of the Assessment Law, and set the Public Hearing to be noticed pursuant to applicable law for August 5, 2024, at the regularly scheduled meeting of the City Council; and 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"); and WHEREAS, pursuant to the Resolution of Intention, 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 increased assessment, 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 increased assessment within the District, and the assessment proposed to be levied on such parcel; and
WHEREAS, in accordance with the Assessment Law, the City Council duly held a property owner ballot protest proceeding for the increased assessment within the District for the purpose of presenting to the qualified property owners within the proposed District, and the annual levy of -2-
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 2024/2025, 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 and lighting 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 August 5, 2024, 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 Pleasant Hill, California, as follows:
Section 1: That the foregoing recitals are true and correct.
Section 2: The ballot protest proceedings for the proposed increased assessment within the 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 August 5, 2024, with each ballot weighted according to the proportional financial obligation of the affected property.
Section 3: 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 5th day of August, 2024, by the following vote:
AYES:
NOES:
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ABSENT:
ABSTAIN:
MATT RINN
MAYOR
ATTEST:
LYONE CONNER
CITY CLERK
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Exhibit A
Certificate of Tabulation Official and
Statement of Assessment Ballots Submitted for
City of Pleasant Hill Assessment District No. 20 – Zone 1
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA ) ss.
CITY OF PLEASANT HILL )
The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Pleasant Hill, 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 Pleasant Hill Assessment District No. 20 – Zone 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
Total assessment ballots submitted and not withdrawn
Assessment ballots submitted, and not withdrawn, in favor of the proposed assessment:
Weighted value of assessment ballots submitted, and not withdrawn, in favor of the proposed assessment
Assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment:
Weighted value of assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment
This certification is executed this 5
th day of August, 2024 in Pleasant Hill, California.
By:
Title: