RESOLUTION NO. 2023-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA , DECLARING THE RESULTS OF THE PHILLIPS RANCH LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT BALLOT PROCEEDING AND ABANDONING PROCEEDINGS TO FORM THE DISTRICT WHEREAS, the City Council of the City of Pomona, on February 6, 2023, adopted Resolution No. 2023-18 (the “Resolution Initiating Proceedings”) for the proposed “Phillips Ranch Landscaping and Lighting Maintenance Assessment District” (the “Assessment District”), to which resolution reference is made for further particulars; and WHEREAS, the City Council of the City of Pomona, on February 6, 2023, adopted Resolution No. 2023-19 (the “Resolution of Intention”), to which resolution reference is made for further particulars; and WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed to each such record owner in the time, form and manner required by the Assessment Law, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated by the tabulation official appointed by the City (the “Tabulation Official”), pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500 and following) (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (“Proposition 218” and, together with the 1972 Act and Article XIIID, the “Assessment Law”); and WHEREAS, the Tabulation Official has prepared and submitted to this legislative body 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 WHEREAS, the City Council of the City of Pomona is now satisfied with the assessment and all matters contained in the Engineer’s Report as submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. That the above recitals are true and correct.
SECTION 2. The canvass of the ballots cast in the Assessment District at the assessment ballot proceeding held on April 3, 2023 is hereby approved and confirmed.
SECTION 3. Assessment ballots were mailed, as required by the Assessment Law, to the record owners of all properties proposed to be assessed within the District. The assessment ballots that were completed and received by the City Clerk, prior to the close of the Public Hearing, have been tabulated in accordance with the procedures established under the Assessment Law and the results of such tabulation have been submitted to this City Council.
SECTION 4. This City Council hereby finds that the assessment ballots submitted in opposition to the levy of assessments exceed the assessment ballots submitted in favor of such levy as weighted by assessment amount in accordance with the Assessment Law. Therefore, a majority protest to the levy of assessments within the Assessment District has been found to exist.
SECTION 5. The City Council hereby orders the abandonment of proceedings for the formation of the Assessment District.
SECTION 6. The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council which shall constitute the official declaration of the result of such assessment ballot proceeding.
PASSED, APPROVED AND ADOPTED this 3rd day of April, 2023 CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on April 3, 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
Exhibit A
Certificate of Tabulation Official
and
Statement of Assessment Ballots Submitted
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF POMONA )
The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Pomona, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID 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 in the assessment ballot proceedings pertaining to Phillips Ranch Landscaping and Lighting Maintenance Assessment District.
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the proposed assessment and the assessment ballots submitted 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
3,252
Total assessment ballots received
Assessment ballots received in favor of the proposed assessment:
Weighted value of assessment ballots received in favor of the proposed assessment Assessment ballots received in opposition to the proposed assessment:
Weighted value of assessment ballots received in opposition to the proposed assessment This certification is executed this day of , 2023 in ___________________, California.
By:
Title:
Resolution No. 2023-50
April 3, 2023
ATTACHMENT NO. 2