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Item 9 - Resolution Establishing Assessments for Poway LMD 86-1 AGENDA REPORT SUMMARY TO: Honorable Mayor and Members of the City Council FROM: James L, Bowersox, City Mana INITIATED BY: Jim Howell, Director of Public Wor s DATE: June 21, 2005 SUBJECT: Resolution Establishing Assessments for oway Landscape Maintenance District 86-1 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, 05-025 declaring the intention to levy and collect assessments within LMD 86-1 and set the public hearing for June 21, 2005, Assessments for residential Zone A are proposed to remain unchanged at the Fiscal Year 2004/2005 rates, Zone B, one non-residential parcel, remains un-assessed as it provides maintenance services for the LMD improvements, 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 landscape 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 86-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2005/2006, ACTION 1 of (p June 21, 2005 Item #~ ________..________n_n_______ CITY OF POWAY AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James L, Bowersox, City Mana INITIATED BY: Jim Howell, Director of Public Wor ~ Dennis Quillen, Assistant Director of P bl c Works Patricia Nelson, Assessment District S e ialistF DATE: June 21, 2005 SUBJECT: Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2005/2006 BACKGROUND Landscape Maintenance District (LMD) 86-1 was formed on June 12, 1986 to maintain the 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- 025 declaring the intention to levy and collect assessments within LMD 86-1 and set the public hearing for June 21, 2005, LMD 86-1, by zone, includes the following developments: Zone A (984 residential parcels assessed) TTM 3545 Piedmont Park TTMs 4090R through 4093R Bridlewood TTM 4158 Stone Canyon Ranch TTM 84-08 The Grove TTM 85-03TE, Lot 26 Attanasio TTM 86-01 Huntington Gate, I and II TTM 87-05 Serenata TTM 88-15 Green Valley Estates, Phase II TTM 89-09 Williams Ranch TTM 89-13 Old Coach Collection TTM 89-13R The Heritage, Phase I, Unit I TTM 89-13R The Heritage, Phase I, Unit 3 TTM 89-13R The Heritage, Phase I, Unit 4 TTM 89-13R(3) The Heritage, Phase I, Unit 2 TTM 97-04 Saddlebrook Estates TTM 98-02 North Point TTM 99-03 Vision Homes 2of6 June 21, 2005 Item #--9--- Agenda Report - LMD 86-1, Resolution Establishing Assessments June 21, 2005 Page 2 Zone A (continued) TPM 86-05 Liu TPM 87-05 Grimes TPM 88-02 Jemy Corporation TPM 93-06TE Liebrich TPM 98-09 Rady TPM 02-02 Clark 888, Inc, (AKA Huntington Court) TM 11442 Lakeview Developers MDR 98-71 Kennedy Family Trust MDR 99-188 Agee MDR 01-038 Wells MDR 02-011 Tyce MDR 03-11 Ricciardulli Zone B (one parcel maintained by LOS Poway Chapel per agreement) DR 89-19 LOS Poway Chapel FINDINGS The City Council's approved Fiscal Year 2005/2006 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 Zone A (residential) assessments are proposed to remain at the Fiscal Year 2004/2005 rate of $243,04 per benefit unit per year ($20,25 per benefit unit per month). This rate of assessment is based on the required assessment revenues divided by the number of benefit units within LMD 86-1A as outlined in the Fiscal Year 2005/2006 Engineer's Report, Zone B (non-residential) will have no assessments levied, as the Church of the Latter Day Saints, being the only annexed commercial property within the District, has agreed to maintain the rights-of-way bordering their property for perpetuity, ENVIRONMENTAL REVIEW This action is not subject to CEQA review, 3of6 June 21, 2005 Item #.....9 Agenda Report - LMD 86-1, Resolution Establishing Assessments June 21, 2005 Page 3 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 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 86-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2005/2006, JLB:JRH:DKQ:PSN Attachment: Resolution Establishing Assessments 4of6 June 21, 2005 Item #_q RESOLUTION NO, 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT 86-1 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 San Diego County 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, 05-025 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 86-1, 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 two (2) zones are as follows: Zone A: $243,04 per benefit unit Zone B: $ 0,00 per benefit unit Section 2: The sum of assessments to be collected on the Fiscal Year 2005/2006 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A and B of Landscape Maintenance District 86-1 are as follows: Zone A: $239,151,36 Zone B: Zero ATTACHMENT 50f6 June 21, 2005 Item#....!3 Resolution No, 05- Page 2 Section 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as follows: Zone A: $35,396,36 Zone B: N/A 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 ofthe City of Poway, do hereby certify thatthe 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 60f6 June 21, 2005 Item#~ -~-_..~-----_..._-_._- ----- ------------...-- -- - -------------- - - -- - ---------------------