Item 10 - Resolution Establishing Assessments for Poway LMD 86-2
AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: J'm~ L. B_=,. C"" M,"'~~
INITIATED BY: Jim Howell, Director of Public Wor
DATE: June 21, 2005
SUBJECT: Resolution Establishing Assessments for Poway Landscape Maintenance District
86-2 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, 05-026 declaring the
intention to levy and collect assessments within LMD 86-2 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, Residential assessments for Zone B are proposed to increase by the property owner approved
percentage determined by the average of the San Diego Urban Works and Consumers Cost I ndex of
3,5 percent (or $0,793 per month),
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 86-2 to be collected on the San Diego County Property Tax
Roll for Fiscal Year 2005/2006,
ACTION
1 of 5 June 21, 2005 Item #--1tL-
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CITY OF POWAY
AGENDA REPORT
TO:
FROM:
INITIATED BY: J;m Howell, o;""'m of p"'llo Wm , ~
Dennis Quillen, Assistant Director of P Iic Works
Patricia Nelson, Assessment District S ecialis
DATE: June 21, 2005
SUBJECT: Resolution Establishing Assessments for Poway Landscape
Maintenance District 86-2 to be Collected on the San Diego County
Property Tax Roll for Fiscal Year 2005/2006
BACKGROUND
LMD 86-2 was formed on May 20, 1986 to maintain the landscape improvements installed in
conjunction with new subdivisions within the boundaries ofthe District. At their April 26, 2005
meeting, the City Council approved Resolution No, 04-026 declaring the intention to levy and
collect assessments within LMD 86-2 and set the public hearing for June 21, 2005,
LMD 86-2, by zone, includes the following developments:
Zone A (110 residential parcels assessed)
TTM 4185R Sunrise Ranch
TTM 87-12 SilverRidge
TTM 89-03 Eagle Pointe (aka La Paz Summit)
TTM 89-05 Poway Summit Estates
TPM 97-15 Paradise Development
Zone B (164 residential parcels assessed)
TTM 83-02 Sycamore Creek
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,
2of5 June 21, 2005 Item # 10
Agenda Report - LMD 86-2, Resolution Establishing Assessments
June 21, 2005
Page 2
The Fiscal Year 2005/2006 assessments for residential Zone A are proposed to remain at
the Fiscal Year 2004/2005 rates of $186,16 per benefit unit per year (or $15,51 per benefit
unit per month), Zone B residential assessments are proposed to increase from $272,04 per
benefit unit per year to $281,56 ($9,52 per year for a monthly increase of $0,793 per parcel),
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,
Zone A landscaping continues to be maintained at a reduced level of service based on a
property owner ballot taken in 1998 not approving an increase in the assessment rate,
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,
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 86-2 to be collected on the San
Diego County Property Tax Roll for Fiscal Year 2005/2006,
JLB:JRH:DKQ:PSN
Attachment: Resolution Establishing Assessments
3of5 June 21, 2005 Item # In
RESOLUTION NO, 05-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING ASSESSMENTS FOR
LANDSCAPE MAINTENANCE DISTRICT 86-2
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, 05-026 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 86-2, 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: $186,16 per benefit unit
Zone B: $281,56 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 and of Landscape Maintenance District 86-2 are as
follows:
Zone A: $20,477,60
Zone B: $46,175,84
ATTACHMENT
4of5 June 21, 2005 Item # II')
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: $2,450.44
Zone B: $2,200,08
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 certify thatthe foregoing
Resolution No, 05- , was duly adopted by the City Council at a meeting of said City
Council held on the 21 st 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
5 of 5 June 21, 2005 Item # 10