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Item 12 - Resolution Establishing Assessments for LMD 87-1 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 DATE: June 21, 2005 SUBJECT: Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 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, 05-028 declaring the intention to levy and collect assessments within LMD 87-1 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 87-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2005/2006, ACTION 1 of 5 June 21,2005 Item # \,. -- CITY OF POWAY AGENDA REPORT TO: Honorable Mayor and Members of FROM: James L, Bowersox, City Mana INITIATED BY: Jim Howell, Director of Public Wo s iCWork~ Dennis Quillen, Assistant Director of P Patricia Nelson, Assessment District Specialist~ DATE: June 21, 2005 SUBJECT: Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2005/2006 BACKGROUND LMD 87-1 was formed on January 27, 1987 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, 05-028 and set the public hearing for June 21, 2005, LMD 87-1 includes the following residential [R] and commercial [C] developments: [R] TTM 88-04R Rolling Hills Estates I and II [R] TTM 97-03 Valencia [R] TTM 98-07 A viano/Bothwell [R] TPM 98-07 Kimball [R] TPM 01-05 Dynasty Development [C] TTM 85-04 Pomerado Business Park I and II [C] TTM 86-02R Tech Business Center/Poway Corporate Center [C] TTM 87-13 Parkway Business Centre I and II [C] TTM 88-04R Trident Center [C] TTM 98-05 Parkway Business Centre III [C] TTM 99-07 Legacy/Toppan [C] TTM 00-01 Poway Views LLC [C] DR 95-13 Watkins Terminals [C] DR 97-47 Discovery Isle [C] DR 03-13 Costco/Home Depot 2of5 June 21, 2005 Item # \'.1. Agenda Report - LMD 87-1, Resolution Establishing Assessments June 21, 2005 Page 2 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, Minor corrections were made to this report to reflect the most current commercial, total net acreage, The Fiscal Year 2005/2006 assessments for LMD 87-1 are proposed to remain unchanged at the Fiscal Year 2004/2005 rates of $790,00 per year (or $65,84 per month) per net acre for Parkway Business Centre I and II, Tech Business Center, and Watkins Terminals; $842,68 per year (or $70,23 per month) per net acre for Pomerado Business Park I and II, Poway Corporate Center, Parkway Business Center III, Trident Center, Poway Views LLC, Discovery Isle, Legacy Partners, Toppan, and Costco/Home Depot commercial properties: and $210,68 per year (or $17,56 per month) per benefit unit for Rolling Hills Estates I and II, Valencia Creek, Kimball, Aviano/Bothwell and Dynasty Development residential properties, The rates of assessment are based on the required revenues divided by the total commercial net acres and the number of residential benefit units within the District 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 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 87-1 to be collected on the San Diego County Property Tax Roll for Fiscal Year 2005/2006, JLB: JRH:DKQ:PSN Attachment: Resolution Establishing Assessments 3of5 June 21, 2005 Item # \,. ~,-------_.... .._-~- -. ---~ -.. - -'-"- RESOLUTION NO, 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT 87-1 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, 05-028 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 87-1, 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 the developments are as follows: Pomerado Business Park I and II $842,68 per net acre Poway Corporate Center $842,68 per net acre Parkway Business Centre III $842,68 per net acre Trident Center $842,68 per net acre Discovery Isle $842,68 per net acre Legacy Partners $842,68 per net acre Toppan $842,68 per net acre Poway Views LLC $842,68 per net acre Costco/Home Depot $842,68 per net acre Parkway Business Centre I and II $790.00 per net acre Tech Business Center $790,00 per net acre Watkins Terminals $790,00 per net acre ATTACHMENT 4of5 June 21, 2005 Item # \~ Resolution No. 05- Page 2 Rolling Hills Estates I and II $210,68 per benefit unit Valencia Creek $210,68 per benefit unit Kimball $210,68 per benefit unit Aviano/Bothwell $210,68 per benefit unit Dynasty Development $210,68 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 Landscape Maintenance District 87-1 are as follows: Commercial: $598,050,24 Residential: $ 40,871,92 Section 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $81,229,76, 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 50f5 June 21, 2005 Item # \'1. ---------- - ---