Item 11 - Resolution Establishing Assessments for LMD 86-3
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 Work
DATE: June 21, 2005
SUBJECT: Resolution Establishing Assessments for Poway Landscape Maintenance District
86-3 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, 05-027 declaring the
intention to levy and collect assessments within LMD 86-3 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 by assessments and from 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 86-3 to be collected on the San Diego County Property Tax
Roll for Fiscal Year 2005/2006,
ACTION
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CITY OF POWAY
AGENDA REPORT
TO: Honorable Mayor and Member~e City Council
FROM: James L, Bowersox, City Manag
INITIATED BY: Jim Howell, Director of Public W ~
Dennis Quillen, Assistant Director of b Work
Patricia Nelson, Assessment District Sp cialistr
DATE: June 21, 2005
SUBJECT: Resolution Establishing Assessments for Poway Landscape
Maintenance District 86-3 to be Collected on the San Diego County
Property Tax Roll for Fiscal Year 2005/2006
BACKGROUND
LMD 86-3 was formed on May 20, 1986 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, 05-027 declaring the intention to
levy and collect assessments within LMD 86-3 and set the public hearing for June 21,
2005,
LMD 86-3, by zone, includes the following developments:
Zone A (159 residential parcels assessed)
TTM 3994 The Pond
TTM 88-03 Poway Estates
TTM 94-02 Poway Oaks
Zone B (174,52 commercial units assessed)
TTM 90-05 Creekside Plaza
TPM 90-04 Wal Mart Plaza
Under Bldg, Permit Stein Mart Plaza
TPM 01-06 Hillside Village
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,
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Agenda Report - LMD 86-3, Resolution Establishing Assessments
June 21, 2005
Page 2
The Fiscal Year assessments for Zone A (residential) and Zone B (commercial) are
proposed to remain unchanged at the Fiscal Year 2004/2005 rates of $163,00 per benefit
unit per year (or $13,58 per benefit unit per month) and $70,89 per benefit unit per year (or
$5,91 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 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 86-3 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 86-3
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, 05-027 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 86-3, 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: $163,00 per benefit unit
Zone B: $ 70,89 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 B of Landscape Maintenance District 86-3 are as
follows:
Zone A: $25,917,00
Zone B: $14,521,16
ATTACHMENT
40f5 June 21, 2005 Item # \ \
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: $ 982,03
Zone B: $4,914,84
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 that the 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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