ACTION:
____________________________
Clerk/Secretary
Department: Finance Item No: PH1
Prepared by: Mike Sylvia, Director/Treasurer Meeting Date: May 27, 2025 Approved by: John Conley, City Manager Agenda Location: Public Hearing S
UBJECT: VISTA CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 2025-1 (SMAD)
AND VISTA CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2025-2 (LLMAD) BALLOT TABULATION RESULTS
RECOMMENDATION: Conduct the Public Hearing, and adopt the following City Council Resolutions:
1. Resolution No. 2025- , declaring the results of the City of Vista, Vista Citywide Street Maintenance Assessment District No. 2025-1 (SMAD) Ballot Proceeding and Abandoning P
rocedures to form the district; and
2. Resolution No. 2025- , declaring the results of the City of Vista, Vista Citywide Landscaping and Li
ghting Maintenance Assessment District No. 2025-2 (LLMAD) Ballot Proceeding and Abandoning Procedures to form the district.
CO
RRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility.
PRIOR ACTION: On May 13, 2025, conducted the Public Hearings regarding the formation and levy of assessments for the City of Vista, Vista Citywide Street Maintenance Assessment District No. 2025-1 (SMAD) and the City of Vista, Vista Citywide Landscaping and Lighting Maintenance Assessment District No. 2025-2 (LLMAD) and ordered the associated ballot tabulations to be completed May 14 and 15, 2025 (No Vote).
O
n March 25, 2025, adopted the following City Council Resolutions:
1. Resolution No. 2025-41, initiating proceedings and declaring its intention to form the City of Vista, Vista Citywide Street Maintenance Assessment District No. 2025-1 as well as preliminarily approving the Engineer’s Report.
2. Resolution No. 2025-42, setting a time and place for the Public Hearing for May 13, 2025, and or
dering the initiation of assessment ballot proceedings for the City of Vista, Vista Citywide Street Maintenance Assessment District No. 2025-1.
3. Resolution No. 2025-43, initiating proceedings and declaring its intention to form the City of Vista, Vista Citywide Landscaping and Lighting Maintenance Assessment District No. 2025-2 as well as preliminarily approving the Engineer’s Report.
4. Resolution No. 2025-44, setting a time and place for the Public Hearing for May 13, 2025, and ordering the initiation of assessment ballot proceedings for the City of Vista, Vista Citywide Lands
caping and Lighting Maintenance Assessment District No. 2025-2 (Vote 5-0).
AGENDA
REPORT
CI TY COUNCIL
C OMMUNITY DEVELOPMENT COMMISSION
S UCCESSOR AGENCY
BUE NA SANITATION DISTRICT
J OINT POWERS FINANCING AUTHORITY
05/27/2025
PH1
MEETING DATE: May 27, 2025 PAGE 2
SUBJECT: VISTA CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 2025-1 (SMAD)
AND VISTA CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2025-2 (LLMAD) DECLARATION OF BALLOT TABULATION RESULTS
AND ABANDONING PROCEDURES TO FORM THE DISTRICTS
On October 10, 2023, adopted City Council Resolution No. 2023-174, awarding a contract to NBS for assessment engineering consulting services; adopted City Council Resolution No. 2023-175, amending the Operating Budget for Fiscal Years 2023/24 and 2024/25 (Vote: 5-0).
STATEMENT ON THE SUBJECT: The two current assessment districts which provide 1) street maintenance and street sweeping, and 2) landscaping and lighting maintenance, were established in 1991 and 1992, respectively. These districts were established to provide an ongoing source of funding for the operation, maintenance, and servicing of the City’s streets, street trees and landscaping, street lighting, traffic signals, and street sweeping, specific to each district’s original scope of services and consistent with California state code. However, while the districts’ costs have continued to increase due to multi-decade inflation, there has not been an increase in the two districts’ assessment rates and associated aggregate revenue since 1997, due to legal requirements of Proposition 218, which was approved by California voters in November 1996, as well as subsequent court case outcomes which affect how assessment districts operate. Compounding the revenue/cost imbalance, neither district has an inflation factor within the current districts’ methods of assessment.
G
iven that the existing assessment districts do not provide adequate revenue for the services and maintenance of the improvements, staff proposed to form new assessment districts intended to provide sufficient revenue to fund ongoing annual maintenance, operation, and servicing of the improvements; reserve funds for replacement and repair of the improvements; administrative expenses; and an allowance for an annual inflation factor so the assessment rates may be increased over time as costs increase, consistent with prior unanimous City Council direction in May 2023. The proposed assessment districts are the City of Vista Citywide Street Maintenance Assessment District No. 2025-1, and Citywide Landscaping and Lighting Maintenance Assessment District No. 2025-2.
O
n March 25, 2025, the City Council acted to initiate proceedings and declare its intention to form the SMAD and LLMAD, called for the preparation of an engineer’s report, and set May 13, 2025 as the date for the public hearing. On March 30, 2025, an assessment ballot was mailed to the property owners of record of the parcel(s) to be assessed, in accordance with Article XIII D of the California Constitution.
O
n May 13, 2025 public hearings were conducted which represented the end of the 45-day timeframe for ballot submission. After the conclusion of the Public Hearings, assessment ballots were tabulated in the Vista Room by the City Clerk along with City staff and NBS Government Finance Group on May 14 and 15, 2025. The tabulation process was open to the public. The results of the ballot tabulation show a majority protest exists for both of the proposed districts. Note, assessment ballots are weighted by each parcel’s financial obligation, which is why the SMAD has a majority protest, even though a larger share of affirmative ballots were returned. Specific results are shown below, and field tabulation result sheets are included as Exhibits 3 and 4, for the SMAD and LLMAD, respectively. • The S
MAD received 5,369 ballots returned with 40.25% (2,728 ballots) in favor and 59.75% (2,641 bal
lots) opposed.
• The LLMAD received 5,842 ballots returned with 36.15% (2,504 ballots) in favor and 63.85% (3,338 ballots) opposed.
G
iven that a majority protest exists, staff recommend the City Council approve and adopt a resolution for each of the two districts declaring the results of the ballot tabulations and abandoning the proceedings to form the districts.
05/27/2025
PH1
MEETING DATE: May 27, 2025 PAGE 3
SUBJECT: VISTA CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 2025-1 (SMAD)
AND VISTA CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2025-2 (LLMAD) DECLARATION OF BALLOT TABULATION RESULTS
AND ABANDONING PROCEDURES TO FORM THE DISTRICTS
FISCAL IMPACT: There is no direct fiscal impact with the approval of this item; however, the failure of these two new district formations will require either escalating General Fund subsidies, or a reduction in the level of service in future fiscal years.
E
XHIBITS:
1. Resolution Declaring the Results and Abandoning Proceedings for the City of Vista, Vista Citywide S
treet Maintenance Assessment District No. 2025-1
2. Resolution Declaring the Results and Abandoning Proceedings for the City of Vista, Vista Citywide Lands
caping and Lighting Maintenance Assessment District No. 2025-2
3. Street Maintenance Assessment District No. 2025-1 Field Ballot Tabulation Results
4. Landscaping and Lighting Maintenance Assessment District No. 2025-2 Field Ballot Tabulation Results 05/27/2025
PH1
00029213 7
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, THE VISTA CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 2025-1, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DECLARING THE RESULTS OF THE BALLOT PROCEEDING
AND ABANDONING PROCEDURES TO FORM THE DISTRICT
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City Council of the City of Vista has, on March 25, 2025, adopted its Resolution No. 2025-41 (the “Resolution Initiating Proceedings”) for the proposed “Vista Citywide Street Maintenance Assessment District No. 2025-1” (the “District”), to which resolution reference is made for further particulars; and,
B. The City Council of the City of Vista has, on March 25, 2025, adopted its Resolution No. 2025-42 (the “Resolution of Intention”), to which resolution reference is made for further particulars; and,
C. 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 Council (the “Tabulation Official”), pursuant to the terms and provisions of the Benefit Assessment Act of 1982 (Government Code Section 54703 and following) (the “1982 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 1982 Act and Article XIIID, the “Assessment Law”); and,
D. 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,
E. The City Council of the City of Vista is now satisfied with the assessment and all matters contained in the Engineer’s Report as submitted.
2. Action.
A. The City Council hereby finds and declares that the foregoing recitals are true.
B. Assessment ballots were received by the City Clerk until the close of the Public Hearing conducted on May 13, 2025.
C. The canvass of the ballots cast in the District at the assessment ballot proceeding held on May 14 and May 15, 2025 is hereby approved and confirmed. 05/27/2025
PH1
EXHIBIT 1
RESOLUTION NO. 2025-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7EXH 01 Resolution Declaring Ba....Proceedings - SMAD 2025-1.docx D. 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.
E. 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 District has been found to exist.
F. The City Council hereby orders the abandonment of proceedings for the formation of the District.
G. 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.
H. This Resolution shall become effective immediately upon its adoption.
I. The City Clerk shall certify the adoption of this Resolution.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 27, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20250519165737
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/27/2025
PH1
00029213 7
E
xhibit A
C
ertificate of Tabulation Official
and
Statement of Assessment Ballots Submitted
ST
ATE OF CALIFORNIA
COUNTY OF SAN DIEGO
VISTA CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 2025-1 The
undersigned, the duly authorized tabulation official appointed by the City Council of the City of Vista , 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 tim ely submitted in the assessment ballot proceedings pertaining to the Vista Citywide Street Maintenance Assessment District No. 2025-1.
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.
Tot
al assessment ballots distributed 22,232
Total valid assessment ballots received 5,369
Assessment ballots received in favor of the proposed
assessment: 2,728
Weighted value of assessment ballots received in favor of the proposed assessment $38,703.64
Assessment ballots received in opposition to the proposed assessment: 2,641
Weighted value of assessment ballots received in opposition to the proposed assessment $57,447.16
Thi
s certification is executed this 27th day of May, 2025 in Vista, California.
By
:
T
itle:
05/27/2025
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00029213 7
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, FOR THE VISTA CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2025-2, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, DECLARING THE RESULTS OF
THE BALLOT PROCEEDING AND ABANDONING PROCEDURES TO FORM
THE DISTRICT
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City Council of the City of Vista has, on March 25, 2025, adopted its Resolution No. 2025-43 (the “Resolution Initiating Proceedings”) for the proposed “Vista Citywide Landscaping and Lighting Maintenance Assessment District No 2025-2” (the “District”), to which resolution reference is made for further particulars; and, B. The City Council of the City of Vista has, on March 25, 2025, adopted its Resolution No. 2024-43 (the “Resolution of Intention”), to which resolution reference is made for further particulars; and,
C. 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 Council (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,
D. 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,
E. The City Council of the City of Vista is now satisfied with the assessment and all matters contained in the Engineer’s Report as submitted.
2. Action.
A. The City Council hereby finds and declares that the foregoing recitals are true.
B. Assessment ballots were received by the City Clerk until the close of the Public Hearing conducted on May 13, 2025.
C. The canvass of the ballots cast in the District at the assessment ballot proceeding held on May 14 and May 15, 2025 is hereby approved and confirmed. 05/27/2025
PH1
EXHIBIT 2
RESOLUTION NO. 2025-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7EXH 02 Resolution Declaring Ba....oning Proceedings - LLMAD.docx D. 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.
E. 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 District has been found to exist.
F. The City Council hereby orders the abandonment of proceedings for the formation of the District.
G. 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.
H. This Resolution shall become effective immediately upon its adoption.
I. The City Clerk shall certify the adoption of this Resolution.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 27, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20250519165918
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/27/2025
PH1
00029213 7
E
xhibit A
C
ertificate of Tabulation Official
and
Statement of Assessment Ballots Submitted
ST
ATE OF CALIFORNIA
COUNTY OF SAN DIEGO
VISTA CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2025-2 The
undersigned, the duly authorized tabulation official appointed by the City Council of the City of Vista , 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 tim ely submitted in the assessment ballot proceedings pertaining to the Vista Citywide Landscaping and Lighting Maintenance District No. 2025-2.
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.
Tot
al assessment ballots distributed 22,232
Total valid assessment ballots received 5,842
Assessment ballots received in favor of the proposed
assessment: 2,504
Weighted value of assessment ballots received in favor of the proposed assessment $161,616.26
Assessment ballots received in opposition to the proposed assessment: 3,338
Weighted value of assessment ballots received in opposition to the proposed assessment $285,404.45
Thi
s certification is executed this 27th day of May, 2025 in Vista, California.
By
:
T
itle:
05/27/2025
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05/27/2025
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EXHIBIT 3
05/27/2025
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EXHIBIT 4