Item 8 - Resolution Establishing Assessments for Poway LMD 83-1
AGENDA REPORT SUMMARY
TO: Ho"omble Meyo, eod Membe'l,e eny co"o'
FROM: James L. Bowersox, City Man '
INITIATED BY: Jim Howell, Director of Public Wor
DATE: June 21, 2005
SUBJECT: Resolution Establishing Assessments for Poway Landscape Maintenance District
83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year
2005/2006
ABSTRACT
At their April 26, 2005 meeting, the City Council approved Resolution No, 05-024 declaring the
intention to levy and collect assessments within LMD 83-1 and set the public hearing for June 21,
2005,
Both commercial and residential assessments are proposed to remain unchanged at the Fiscal Year
2004/2005 rates,
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review,
FISCAL IMPACT
Sufficient revenues will be generated from Special District assessments and a general benefit
contribution made by the City of Poway (based upon General Fund maintenance of landscaped
medians and rights-of-way) to offset the District's maintenance costs,
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Pursuant to SB 1977, Section 50078,6, all public notification requirements have been met. No
responses have been received regarding the proposed assessments at the time this report was
written,
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution establishing assessments for
Poway Landscape Maintenance District 83-1 to be collected on the San Diego County Property Tax
Roll for Fiscal Year 2005/2006,
ACTION
10f6 June 21, 2005 Item # Sl'
CITY OF POWAY
AGENDA REPORT
TO: Honorable Mayor and Members of e City Council
FROM: James L, Bowersox, City Manag
INITIATED BY: Jim Howell, Director of Public W ~
Dennis Quillen, Assistant Director of P blic Works
Patricia Nelson, Assessment District S~ecialist~
DATE: June 21, 2005
SUBJECT: Resolution Establishing Assessments for Poway Landscape
Maintenance District 83-1 to be Collected on the San Diego County
Property Tax Roll for Fiscal Year 2005/2006
BACKGROUND
LMD 83-1 was formed on June 14, 1983 to maintain landscape improvements installed in
conjunction with new subdivisions within the boundaries of the District. At their April 26,
2005 meeting, the City Council approved Resolution No, 05-024 declaring the intention to
levy and collect assessments within LMD 83-1 and set the public hearing for June 21,2005,
LMD 83-1, by zone, includes the following developments:
Zone A (1,399 residential parcels assessed)
TTM 3461 Casa Real, Unit 7
TTMs 3495, 4113, 4191,89-15 and TPM 89-18 Rancho Arbolitos
TTM 3503 Adobe Ridge I and II
TTM 3533 The Colonies
TTM 84-04R Country Creek
TTM 84-07 Woodland Hills
TTM 85-01 Rancho Espola
TTM 86-04 Midland Estates
TTM 86-05 Community 16 Villas (Poway 16)
TTM 87-04 Park Village
TTM 87-06 Cicero-Pacific
TTM 88-05 Gateway/La Manda
TTM 88-09 Carmel Vista
TTM 99-01 Diroma Estates
TPM 89-09 Cusick
TPM 99-05 Spyglass
MDR 99-057 Robert Grimes
TTM 02-03 Lamango
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Agenda Report - LMD 83-1, Resolution Establishing Assessments
June 21, 2005
Page 2
TPM 03-05 Lamango
MDR 03-81 Galiipoli
Zone B (98,52 commercial units assessed)
TPM 86-03 Twin Peaks Plaza
CUP 92-05 Kindercare
Zone C (26 residential units assessed)
TTM 98-06 Kentfield Estates
FINDINGS
The City Council's approved Engineer's Report is on file with the offices of the Poway City
Clerk, 13325 Civic Center Drive, and the Department of Public Works, 14467 Lake Poway
Road, Poway, California,
The Fiscal Year 2005/2006 assessments for Zones A (residential), B (commercial), and C
(residential) are proposed to remain at the Fiscal Year 2004/2005 rates of $118.48 per
benefit unit per year ($9,87 per benefit unit per month), $235,75 per benefit unit per year
($19.65 per benefit unit per month), and $496,16 per benefit unit per year ($41 ,35 per benefit
unit per month), respectively,
The rates of assessment are based on the required revenues divided by the number of
benefit units within each zone as outlined in the Fiscal Year 2005/2006 Engineer's Report,
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review,
FISCAL IMPACT
Sufficient revenues will be generated from Special District assessments and a general
benefit contribution made by the City of Poway (based upon General Fund maintenance of
landscaped medians and rights-of-way) to offset the District's maintenance costs,
PUBLIC NOTIFICATION AND CORRESPONDENCE
Pursuant to SB 1977, Section 50078,6, all public notifications requirements have been met.
No responses have been received regarding the proposed assessments at the time this
report was written,
30f6 June 21, 2005 Item # R-
Agenda Report - LMD 83-1, Resolution Establishing Assessments
June 21, 2005
Page 3
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution establishing
assessments for Poway Landscape Maintenance District 83-1 to be collected on the San
Diego County Property Tax Roll for Fiscal Year 2005/2006.
JLB:JRH:DKQ:PSN
Attachment: Resolution Establishing Assessments
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RESOLUTION NO, 05-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING ASSESSMENTS FOR
LANDSCAPE MAINTENANCE DISTRICT 83-1
TO BE COLLECTED ON THE PROPERTY TAX ROLL
FOR FISCAL YEAR 2005/2006
WHEREAS, the City Council of the City of Poway desires to have Landscape
Maintenance District assessments collected on the property tax roll; and
WHEREAS, pursuant to the provisions of City of Poway Resolution No, 00-034
(Policies for Landscape Maintenance Districts) and Assessment Law being the "Landscape
and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and
Highways Code), applicable provisions of "Proposition 218" (being Article XIIIC of the
California Constitution), and provisions of the "Proposition 218 Omnibus Implementation
Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention,
being City of Poway Resolution No, 04-029 adopted by the City Council of the City of
Poway, County of San Diego, State of California, in connection with the proceedings for
Landscape Maintenance District 83-1, the Assessment Engineer to the City of Poway has
submitted an Engineer's Report for the District as required by California Streets and
Highways Code, Section 22565; and
WHEREAS, on April 26, 2005, at a regular meeting of the Poway City Council, the
amounts to be collected have been set forth in a public Engineer's Report; and
WHEREAS, the public has been allowed to comment on these amounts and this
action has been duly advertised as required by law; and
WHEREAS, this action is authorized by the laws of the State of California,
NOW, THEREFORE, the City Council of the City of Poway hereby finds, resolves,
determines, and orders as follows:
Section 1: The Assessment Rates for three (3) zones are as follows:
Zone A: $118.48 per benefit unit
Zone B: $235,75 per benefit unit
Zone C: $496,16 per benefit unit
Section 2: The sum of assessments to be collected on the Fiscal Year 2005/2006
San Diego County Tax Roll to provide for the maintenance of landscape
improvements within Zones A, B, and C of Landscape Maintenance District 83-1 are
as follows:
ATTACHMENT
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Resolution No, 05-
Page 2
Zone A: $165,753,70
Zone B: $ 23,226,18
Zone C: $ 12,900.16
Section 3: Under Assessment Law, the City of Poway's General Benefit Contribution
has been calculated as follows:
Zone A: $ 37,177.27
Zone B: $ 9,704,01
Zone C: $ 2,021,14
PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 21 st day of June 2005,
Michael p, Cafagna, Mayor
ATTEST:
L, Diane Shea, City Clerk
STATE OF CALIFORNIA )
) ss,
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certifythatthe foregoing
Resolution No, 05- , was duly adopted by the City Council at a meeting of said City
Council held on the 21st day of June, 2005, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
L, Diane Shea, City Clerk
City of Poway
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