ATTACHMENT 1
Resolution Declaring the Results of the Assessment Ballot Tabulation for the Annexation and Setting of Assessment Rate for Discovery Meadows Annexation to Landscaping and Lighting District No. 1 Zone C, Determining the Existence of a Majority Protest, and Abandoning the Annexation Proceedings RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR ANNEXATION AND SETTING OF ASSESSMENT RATES FOR DISCOVERY MEADOWS ANNEXATION TO LANDSCAPING AND LIGHTING DISTRICT NO. 1 ZONE C, DETERMINING THE EXISTENCE OF A MAJORITY PROTEST, AND ABANDONING THE ANNEXATION PROCEEDINGS (DISCOVERY MEADOWS ANNEXATION)
WHEREAS, the City Council of the City of San Marcos (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 (commencing with Section 22500) of the California Streets and Highways Code (“1972 Act”), Article XIII D of the California Constitution, and the Proposition 218 Omnibus Implementation Act (commencing with California Government Code Section 53750) (collectively the “Law”), has initiated proceedings for the annexation of certain property (the “Discovery Meadows Annexation”) to Zone C of an existing assessment district within the City known and designated as Landscaping and Lighting District No. 1 (“District”), for the operation, maintenance, installation, and servicing of local landscaping improvements and appurtenant facilities related thereto as provided in Section 22585 of the 1972 Act; and WHEREAS, the City Council ordered preparation of an Engineer’s Report by Webb Municipal Finance, LLC (the “Assessment Engineer”) and said Engineer’s Report has been filed with this City Council pursuant to the Law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments relating to the Discovery Meadows Annexation to Zone C of the District, and did give notice to property owners within the Discovery Meadows Annexation area to be annexed into the District of the time and place for the public hearing on all matters relating to the annexation and levy of the proposed assessment for Zone C of the District (the “Public Hearing”); and WHEREAS, at the time and place set for the Public Hearing, the Assessment Engineer submitted the final Engineer’s Report (“Report”), which was prepared and contained all of the matters and items called for pursuant to the provisions of the Law; and WHEREAS, at this time this City Council has heard all testimony and evidence, and all assessment ballots submitted and received pursuant to the Law prior to the close of the Public Hearing have been tabulated by the City Clerk of the City, acting as the tabulation official appointed by the City, all in the manner provided by the Law; and WHEREAS, the City Clerk has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of Tabulation Official”), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots submitted and not withdrawn; and WHEREAS, at this time, based on the Certificate of Tabulation Official this City Council determines that the assessment ballots received by the City, and not withdrawn, in opposition to the proposed annexation and assessment and weighted as required by the Law exceed the assessment ballots received, and not withdrawn, in favor of the proposed annexation and assessment and similarly weighted, and therefore, a majority protest pursuant to the Law does exist; and WHEREAS, as a result of the existence of such majority protest, the Law prohibits this City Council from completing the proposed annexation to the District and levying the proposed assessments therein; and WHEREAS, as the further result of the existence of such majority protest, this City Council desires to abandon the proposed annexation to the District and the levying of any proposed assessments within the District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Marcos, California, acting as the legislative body of the District, as follows:
Section 1. Recitals. The above recitals are true and correct and the City Council so finds and determines.
Section 2. Assessment Ballot Tabulation. The assessment ballots received by the City, and not withdrawn, in opposition to the proposed annexation and assessment and weighted as required by the Law exceed the assessment ballots received, and not withdrawn, in favor of the proposed annexation and assessment and similarly weighted and, therefore, a majority protest pursuant to the Law does exist.
Section 3. Abandonment of Proceedings. As a result of the existence of a majority protest to the proposed annexation and levy of the proposed assessments within the District that prohibits this City Council from completing the annexation and levying assessments as proposed, this City Council hereby orders that all proceedings on the annexation and levy of the assessments as proposed be abandoned.
Section 4. Effective Date. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED by the Council of the City of San Marcos, California, this ___ day of _____ 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
Phillip Scollick, City Clerk
City of San Marcos
EXHIBIT A
CERTIFICATE OF TABULATION OFFICIAL AND STATEMENT OF
ASSESSMENT BALLOTS SUBMITTED
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF SAN MARCOS )
The undersigned, the City Clerk and duly authorized tabulation official appointed by the City Council of the City of San Marcos, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (California government Code section 53750 and following), I did tabulate the assessment ballots timely submitted in the assessment ballot proceedings pertaining to the Discovery Meadows Annexation to Landscaping and Lighting District No. 1, Zone C.
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the annexation and assessment and the assessment ballots submitted in opposition to the annexation and assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted.
Total assessment ballots distributed
143
Total assessment ballots received
91 Assessment ballots received in favor of the proposed annexation and assessment 8 Weighted value of assessment ballots received in favor of the proposed annexation and assessment
8.79%
Assessment ballots received in opposition to the proposed annexation and assessment 83 Weighted value of assessment ballots received in opposition to the proposed annexation and assessment
91.21%
This certification was executed this 13th day of June, 2023, in San Marcos, California. ____________________________
Phillip Scollick, City Clerk
City of San Marcos
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