Res 16-025 RESOLUTION NO. 16-025
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN POWAY LANDSCAPE MAINTENANCE
DISTRICT 87-1 FOR FISCAL YEAR 2016/2017
WHEREAS, the City Council of the City of Poway desires to levy and collect
assessments within Poway Landscape Maintenance District 87-1 for the purpose of
maintaining, servicing, and operating public landscape facilities located within the
territory comprised of said district as shown in Exhibit A of the Engineer's Report that is
on file in the City Clerk's Office, pursuant to the Landscape and Lighting Act of 1972,
and attached hereto; and
WHEREAS, assessments will not increase from the Fiscal Year 2015/2016
assessment rate of $790.00 per net acre per year for Parkway Business Centre I and II,
Tech Business Center, and Slough Poway II, LLC; $842.68 per net acre per year for
Pomerado Business Park I and II, Trident Center, Discovery Isle, Parkway Business
Centre III, Legacy, Toppan, Poway Corporate Center, Poway Views, Watkins Terminals,
and Costco/Home Depot; and $210.68 per benefit unit per year for the residential
properties of Rolling Hills Estates, Valencia, Kimball, Aviano/Bothwell, Rexford, and
Dynasty Development; and
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City
general benefit contribution has been calculated as the average General Fund
expenditure on a per square foot basis for the maintenance of landscaped medians and
right-of-ways. This general benefit contribution for LMD 87-1 has been calculated to be
$129,818.41; and
WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by
general vote on November 5, 1996), the collection of Fiscal Year 2016/2017
assessments is exempt from the procedures and approval process set forth in Section 4
of Article XIII D, in that the assessment was imposed pursuant to a petition signed by
the persons owning all of the parcels subject to the assessment at the time the
assessment was initially imposed; and
WHEREAS, the public interest and convenience require the maintenance,
service, and operation of public landscaping within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The foregoing recitals are true and correct and the City Council so
finds and determines.
Section 2: Proposed assessments are as detailed in the Engineer's Report for
Poway Landscape Maintenance District No. 87-1 for Fiscal Year 2016/2017.
Resolution No. 16-025
Page 2
Section 3: Pursuant to the Streets and Highways Code, a public hearing will
be held on July 19, 2016 by the City Council to consider the levying and collection of the
proposed assessments.
Section 4: The City Clerk shall cause this Resolution to be published in the
Poway News Chieftain, a newspaper of general circulation in the City of Poway.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 21st day of June, 2016.
Steve Vaus, Mayor
ATTEST:
* 14:11
Na cy euf Id, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, CMC, City Clerk, of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 16-025 was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of June, 2016, and
that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM
NOES: NONE
ABSENT: VAUS
DISQUALIFIED: NONE
Nancy*.leufel , C C, City Clerk
City of Poway
City of Poway
Landscape Maintenance
Assessment District 87-1
2016/2017 ENGINEER’S ANNUAL LEVY REPORT
INTENT MEETING: JUNE 21, 2016
PUBLIC HEARING: JULY 19, 2016
www.willdan.com/financial
EXHIBIT A
Resolution 16-025
Page 3
Resolution 16-025 Page 4
TABLE OF CONTENTS
I.OVERVIEW ......................................................................................................... 1
A.INTRODUCTION ................................................................................................. 1
B.COMPLIANCE WITH CURRENT LEGISLATION .............................................. 1
C.IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ....................................... 2
II.DESCRIPTION OF THE DISTRICT .................................................................... 3
A.BOUNDARIES OF THE DISTRICT .................................................................... 3
B.DESCRIPTION OF THE DISTRICT IMPROVEMENTS ...................................... 4
C.PROPERTIES BENEFITING FROM IMPROVEMENTS ..................................... 5
III.METHOD OF APPORTIONMENT ...................................................................... 5
A.GENERAL .......................................................................................................... 5
B.BENEFIT ANALYSIS .......................................................................................... 5
C.ASSESSMENT METHODOLOGY ...................................................................... 7
D.MAXIMUM ASSESSMENT ................................................................................. 9
IV.DISTRICT BUDGETS ....................................................................................... 10
A.DESCRIPTION OF BUDGET ITEMS ................................................................ 10
B.BUDGET ........................................................................................................... 11
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM ............................................ 12
APPENDIX B - 2016/2017 ASSESSMENT ROLL ................................................... 13
Resolution 16-025
Page 5
I. OVERVIEW
A. INTRODUCTION
The City of Poway (“City”) annually levies and collects special assessments in order to
maintain the improvements within the Landscape Maintenance District 87-1 (“District”),
formed January 27, 1987. The District is levied pursuant to the City of Poway Resolution No.
00-034 (Policies for Landscape Maintenance Districts) and the Landscape and Lighting Act
of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”), in
compliance with California Constitution Article XIIID (“Article XIIID”). The 1972 Act and Article
XIIID are collectively referred to herein as “Assessment Law”.
This Engineer’s Annual Levy Report (“Report”) describes the District, any annexations, or
changes to the District including substantial changes to the District improvements, and the
proposed assessments for Fiscal Year 2016/2017. The proposed assessments are based on
the estimated cost to maintain the improvements that provide special benefits to properties
within the District. The costs of improvements and the annual levy include all expenditures,
deficits, surpluses, revenues, and reserves. Each parcel is assessed proportionately for only
those improvements provided and for which the parcel receives benefit based on an
established method of apportionment.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned
its own Assessor’s Parcel Number by the County of San Diego (“County”) Assessor’s Office.
The County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers,
to identify on the tax roll, properties assessed for special district benefit assessments.
Following consideration of public comments and written protests at a noticed public hearing,
and review of the Report, the City Council may order amendments to the Report or confirm
the Report as submitted. Following final approval of the Report, and confirmation of the
assessments, the Council may order the levy and collection of assessments for Fiscal Year
2016/2017 pursuant to the 1972 Act. In such case, the assessment information will be
submitted to the County Auditor/Controller, and included on the property tax roll for each
benefiting parcel for Fiscal Year 2016/2017.
B. COMPLIANCE WITH CURRENT LEGISLATION
Pursuant to the 1972 Act, the City Council annually conducts a public hearing to accept public
comments and testimony, and to approve the annual assessments to be levied on the County
tax roll for the fiscal year. All assessments contained in this Report and to be approved by
the City Council have been prepared in accordance with the 1972 Act and are in compliance
with the provisions of Article XIIID of the Constitution of the State of California (“Proposition
218”).
The City has reviewed the provisions of Article XIIID and has made the following findings and
determinations:
Pursuant to Article XIIID, Section 5, certain existing assessments are exempt from the
substantive and procedural requirements of Article XIIID, Section 4, and property owner
balloting for the assessments is not required until such time that the assessments are
increased. Since the District assessments were imposed pursuant to a petition signed by
Resolution 16-025
Page 6
the persons owning all of the parcels subject to the assessments at the time the assessments
were initially imposed, Article XIIID Section 5 (b) exempts the existing assessment amounts
(approved original assessment rates including any applicable annual escalation factor) from
the procedural requirements of Article XIIID, Section 4.
The provisions of Article XIIID do not alter the non-conflicting provisions of the 1972 Act. As
such, the method of apportionment described in this Report utilizes commonly accepted
assessment engineering practices consistent with the 1972 Act and the provisions of Article
XIIID. The proposed assessments for the current fiscal year are less than or equal to the
adjusted maximum assessment rate previously approved and adopted for the District. The
application of this adjusted maximum assessment rate for the various land uses within the
District is described in more detail in Section III D of this Report. Any proposed assessment
that exceeds the adjusted maximum assessment rate is considered an increased
assessment. Pursuant to the provisions of Article XIIID, all new or increased assessments
(the incremental increase) are subject to both the substantive and procedural requirements
of Article XIIID, Section 4.
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines
improvements to mean one or any combination of the following:
The installation or planting of landscaping.
The installation or construction of statuary, fountains, and other ornamental
structures and facilities.
The installation or construction of public lighting facilities.
The installation or construction of any facilities which are appurtenant to any of the
foregoing or which are necessary or convenient for the maintenance or servicing
thereof, including, but not limited to, grading, clearing, removal of debris, the
installation or construction of curbs, gutters, walls, sidewalks, or paving, or water,
irrigation, drainage, or electrical facilities.
The maintenance or servicing, or both, of any of the foregoing.
The acquisition of any existing improvement otherwise authorized pursuant to this
section.
Incidental expenses associated with the improvements including, but not limited to:
The cost of preparation of the Report, including plans, specifications, estimates,
diagram, and assessment;
The costs of printing, advertising, and the publishing, posting and mailing of
notices;
Compensation payable to the County for collection of assessments;
Compensation of any engineer or attorney employed to render services;
Any other expenses incidental to the construction, installation, or maintenance and
servicing of the improvements;
Any expenses incidental to the issuance of bonds or notes pursuant to Section
22662.5; and,
Costs associated with any elections held for the approval of a new or increased
assessment.
Resolution 16-025
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The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any
improvement, including:
Repair, removal, or replacement of all or any part of any improvement.
Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
The removal of trimmings, rubbish, debris, and other solid waste.
The cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
II. DESCRIPTION OF THE DISTRICT
A. BOUNDARIES OF THE DISTRICT
The District Boundary Map and Assessment Diagram, which are incorporated herein by
reference and made a part of this Engineer’s Report, are on file with the Special Districts
Office of the Public Works Department of the City of Poway and are available for public
inspection during normal business hours.
The Boundary Map shows the District boundary and the general location of District
improvements.
Resolution 16-025
Page 8
District 87-1 consists of the following developments:
Tract Project Name
TTM 85-04 Pomerado Business Park I and II
TTM 86-02R Tech Business Center
TTM 87-13 Parkway Business Centre I and II
TTM 88-04R Trident Center
TTM 88-04R Rolling Hills Estates I and II
TTM 97-03 Valencia
TTM 98-05 Parkway Business Centre III
TTM 99-07 Legacy/Toppan
TPM 98-07 Kimball
DR 95-13 Watkins Terminals
DR 97-47 Discovery Isle
TTM 98-07 Aviano/Bothwell
TPM 19952 Rexford
TTM 00-01 Poway Views, LLC
TPM 01-05 Dynasty Development
DR 03-13 Costco/Home Depot
TTM 86-02R Poway Corporate Center
TPM 06-04 Slough Poway II, LLC
B. DESCRIPTION OF THE DISTRICT IMPROVEMENTS
Facilities to be maintained are defined as landscape improvements associated with annexed
subdivisions that are adjacent to portions of Pomerado Road, Community Road, Scripps
Poway Parkway, Stowe Drive, and a portion of Treadwell Drive. These improvements include
right-of-ways, roadway medians, three detention/retention basins, and the Metate Road
staging area.
Walls and fences adjacent to private property are to be maintained by the adjacent property
owners. The District/City, prior to commencement of work, shall approve repairs or
reconstruction of any walls or fences adjacent to the District landscape areas. Should the
property owners desire to include major repairs or reconstruction within the District’s
responsibilities, the property owners are required to submit a petition to initiate the balloting
process set forth in Article XIIID, Section 4.
Landscape maintenance performance standards and specifications have been developed by
the City to assure quality maintenance of landscape assessment district properties. A recent
evaluation of the level of quality has been conducted, and the current maintenance levels
meet the City's landscape maintenance standards.
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Page 9
C. PROPERTIES BENEFITING FROM IMPROVEMENTS
The properties determined to receive benefit are those lots or parcels that, as a result of
development or redevelopment, finance, construct, install, and/or establish landscape
improvements within public right-of-ways or public easements (permanent public
improvement) or adjoining lots or parcels that, as a result of development or redevelopment,
receive access or are immediately adjacent to lots or parcels which contain landscape
improvements maintained by a landscape maintenance district.
Special benefit, as defined in Assessment Law and in this Report, shall be assessed to those
properties determined to receive benefit from the District’s improvements.
III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose
of providing certain public improvements that include the construction, maintenance and
servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further
requires that the cost of these improvements be levied according to benefit rather than
assessed value:
The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among
all assessable lots or parcels in proportion to the estimated benefits to be received by
each such lot or parcel from the improvements.
The formula used for calculating assessments in this District therefore reflects the
composition of the parcels, and the improvements and services provided, to fairly apportion
the costs based on benefit to each parcel.
In addition, Article XIIID requires that a parcel’s assessment may not exceed the reasonable
cost of the proportional special benefit conferred on that parcel. Article XIIID provides that
only special benefits are assessable and the City must separate the general benefits from
the special benefits. A special benefit is a particular and distinct benefit over and above
general benefits conferred on the public at large, including real property within the district.
The general enhancement of property value does not constitute a special benefit.
B. BENEFIT ANALYSIS
Each of the improvements, the associated costs and assessments within the District has
been reviewed, identified and allocated based on the special benefit parcels receive from
such improvements pursuant to the provisions of Article XIIID and the 1972 Act. All
improvements associated with this District have been identified as necessary, required
and/or desired for the orderly development of the properties within the District to their full
potential, consistent with the proposed development plans. As such, these improvements
would be necessary and required of individual property owners for the development of such
properties, and the ongoing operation, servicing and maintenance of these improvements
would be the financial obligation of those properties. Therefore, the improvements and the
annual costs of maintenance and operation of the improvements are of special benefit to the
properties.
Resolution 16-025
Page 10
All the lots or parcels are established at the same time once the conditions regarding the
improvements and the continued maintenance are met. As a result, each lot or parcel within
the District receives a special and distinct benefit from the improvements and to the same
degree.
Over time, the improvements continue to confer a particular and distinct special benefit upon
the lots or parcels within the District because of the nature of the improvements. The proper
maintenance of the improvements and appurtenant facilities reduces property related crimes,
especially vandalism, against properties in the District. All of the above mentioned factors
also contribute to a specific benefit to each of the parcels within the District.
The method of apportionment (method of assessment) is based on the premise that each
assessed parcel within the District receives benefit from the improvements. However, each
individual improvement element has its own distinct benefits both specific and general. The
special benefits associated with the improvements within the District are as follows:
Special Benefit
The special benefits associated with the landscaping improvements in the District are
specifically:
Enhanced desirability of properties through association with the improvements;
Improved aesthetic appeal of properties providing a positive representation of the
area;
Enhanced adaptation of the urban environment within the natural environment
from adequate green space, open space areas and landscaping;
Environmental enhancement through improved erosion resistance, dust and
debris control, and fire prevention;
Increased sense of pride in ownership of property within the District resulting from
well-maintained improvements associated with the properties;
Reduced criminal activity and property-related crimes (especially vandalism)
against properties in the District through well-maintained surroundings and
amenities including abatement of graffiti; and,
Enhanced environmental quality of the parcels by moderating temperatures,
providing oxygenation and attenuating noise.
General Benefit
Assessment Law mandates that the City assess for special benefit only, and the City
shall separate general benefit from special benefit. General benefit is defined as
services provided to the public-at-large. Special benefit is defined as services provided
at a level greater than the services provided to the public-at-large.
The City’s general benefit to the public-at-large is determined as the average
expenditure from the General Fund for the maintenance of landscaped medians and
right-of-ways, calculated on a per square foot basis. The City shall make a general
benefit contribution to a district based on the City’s average rate of expenditure from the
General Fund for the various types of improvements applied to the square footage of
similar types of improvements within the District.
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Page 11
The Right of Ways and Medians along Scripps Poway Parkway were extended to the
east by 204,634 feet and 17,634 respectively and maintenance responsibility was turned
over to the Special District as of August 21, 2014.
LANDSCAPE ELEMENT QUANTITY
Landscaped Right-of-Ways 563,301 Sq. Ft.
Landscaped Median 247,510 Sq. Ft.
The City shall annually conduct an audit to determine the average expenditure from the
General Fund for the maintenance of landscape improvements within the public right-
of-ways or public easements, calculated on a per square foot basis. The general benefit
for Fiscal Year 2016/2017 is determined to be:
$0.1120 per square foot for landscape right-of-ways and,
$0.2696 per square foot for landscape medians
As part of the audit, the City shall determine the average expenditure from the General
Fund for the maintenance of District landscape improvements. Based on an increase
of 1.45 percent in the San Diego Consumer Price Index (the average of All Urban
Consumers and Urban Wage Earners and Clerical Workers), comparable services
provided by the City of Poway staff for general landscape services, the general benefit
for Fiscal Year 2016/2017 will increase from Fiscal Year 2015/2016, based on the
contribution rate per square foot, at a maximum for this District:
Zone A
563,301 sq. ft. landscaped R/W X $0.1120 = $63,089.71
247,510 sq. ft. landscaped medians X $0.2696 = $66,728.70
All other maintenance, operation, administrative, and incidental costs which exceed the
City’s general benefit contribution to the public-at-large are of special benefit and
assessed to the District.
The City shall have an option as to how it will make the general benefit contributions to
the District. The City shall make its general benefit contribution by either:
providing irrigation water to the District for irrigation of LMD improvements in
an amount equal to the City’s general benefit contribution, or
paying directly to the District from the General Fund a dollar amount equal to
the City’s general benefit contribution.
C. ASSESSMENT METHODOLOGY
The total cost of special benefit for maintenance of the public improvements funded by the
District will be assessed to the various parcels in the District in proportion to the benefit units
assigned to each parcel, in relationship to the total benefit units assigned to all parcels being
assessed.
Resolution 16-025
Page 12
Residential Land Uses
All residential subdivisions shall be assessed proportional to special benefit received based
on one (1) benefit unit per residential dwelling unit.
Non-residential Land Uses
All non-residential parcels shall be assessed proportional to special benefit received based
on the average planned dwelling unit density throughout the urban areas of the City (four
dwelling units per acre), the equivalent of four (4) benefit units per acre.
Non-residential land uses typically provide services and/or employment opportunities for the
City that benefit all lands throughout the City. Since these non-residential land uses can
occur throughout the City, the planned, average density of residential dwelling units per acre
for the urban areas of the City has been calculated. The non-residential land uses are
considered to dislocate residential units. Therefore, the number of residential dwelling units
dislocated, based on the average dwelling units per acre, has been assigned to non-
residential lands. This method determines an equivalent benefit to residential land uses.
Exhibit B details the calculation of the average residential units per acre planned within the
urban areas of the City. Urban areas have been defined as the parcels receiving water and
sewer services.
In-Lieu Assessments
Under provisions of City policy, parcels may contribute in-lieu assessments by providing
equivalent maintenance services for District improvements within public right-of-ways or
public easements immediately adjacent to their lands. No new parcels within the District are
scheduled to contribute in lieu assessments in Fiscal Year 2016/2017.
Non-benefiting Parcels
All public and private streets, avenues, lanes, roads, drives, courts, alleys, all public
easements and right-of-ways, all dedicated open space parcels, and District maintained
parcels are determined to not receive special benefit from the District’s improvements and
are therefore not assessed.
Benefit Units (BUs)
As described above, the number of assessable benefit units attributable to each parcel
receiving special benefit has been calculated and can be found in the Assessment Roll
(Exhibit C).
The assessment methodology utilized is as described above. Based on this methodology,
the benefit units, and the Fiscal Year 2016/2017 proposed assessment for each parcel were
calculated and are shown in the Assessment Roll (Appendix B).
Resolution 16-025
Page 13
The calculated Fiscal Year 2016/2017 assessments for the residential and non-residential
parcels are proposed to remain at the Fiscal Year 2015/2016 assessment rate of $210.68
per benefit unit or:
$790.00 per net acre per year for Parkway Business Centre I and II, Tech Business
Center; and Slough Poway II, LLC and
$842.68 per net acre per year for Pomerado Business Park I and II, Trident Center,
Discovery Isle, Parkway Business Centre III, Legacy, Toppan, Poway Corporate
Center, Poway Views, Watkins Terminals, and Costco/Home Depot; and
$210.68 per benefit unit per year for Rolling Hills Estates, Valencia, Kimball,
Aviano/Bothwell, Rexford, and Dynasty Development.
D. MAXIMUM ASSESSMENT RATE
The approved maximum assessment rates for the District were established and have
remained at $790.00 per net acre for Parkway Business Centre I and II, Tech Business
Center, and Slough Poway II, LLC; $842.68 per net acre for Pomerado Business Park I and
II, Trident Center, Discovery Isle, Parkway Business Centre III, Legacy, Toppan, Poway
Corporate Center, Poway Views, Watkins Terminals, and Costco/Home Depot; and $210.68
per benefit unit per year for Rolling Hills Estates, Valencia, Kimball, Aviano/Bothwell,
Rexford, and Dynasty Development. The District currently has no approved escalation factor
for increasing the maximum assessment rates. The maximum assessment rate establishes
an approved upper limit on the annual assessment; however, the assessment rate levied by
the District may be less than the maximum amount in any given year if not required to meet
the budgetary needs for that year. If the long term budgetary needs of the District would
require an increase in the rate greater than the maximum assessment rate in order to meet
those needs, then any proposed increase in the maximum assessment rate would require
property owning balloting procedures as dictated by Article XIIID.
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IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The 1972 Act provides that the estimated costs of the improvements shall include the total
cost of the maintenance and servicing of the improvements for the entire Fiscal Year
2016/2017, commencing July 1, 2016 and ending June 30, 2017, including incidentals, which
may include reserves to operate the District.
The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included
in the estimated cost of improvements. The net amount to be assessed on the lots or parcels
within the District is the total cost of maintenance and servicing with adjustments either
positive or negative for reserves, surpluses, deficits, and/or contributions.
Resolution 16-025
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B. BUDGET
BUDGET ITEMS
Fiscal Year
2014/2015 (1)
Fiscal Year
2015/2016 (2)
Fiscal Year
2016/2017 (3)
EXPENDITURES:
Maintenance $322,064 $286,766 $414,938
Water/power 229,004 314,660 330,370
Administration(4) 102,567 90,750 101,770
Total Expenditures $653,635 $692,176 $847,078
REVENUES
City General Benefit Contribution $125,426 $127,951 $129,818
Assessment Revenue 646,512 638,250 638,250
Interest Revenue 8,180 10,000 10,500
Grant Revenue 0 0 0
Capital Project Closeout 0 0 0
Miscellaneous 1,553 0 0
Total Revenues $781,671 $776,201 $778,568
DISTRICT STATISTICS
Total Number of Parcels 512
Total Parcels Levied 512
Rate per EBU (Equivalent Benefit Units) Residential $210.68
Rate per Acre (5) $790.00
Rate per Acre (6) $842.68
OPERATING RESERVE
Beginning Reserve Balance $345,380 $326,818 $346,088
Reserve Transfers Out (CIP)(146,599) (64,755) 145,961
Reserve Fund Activity 128,037 84,025 (68,510)
Estimated Ending Reserve Balance $326,818 $346,088 $423,539
CAPITAL IMPROVEMENT RESERVE
CIP Fund Balance $828,538 $975,137 $1,039,892
CIP Transfers In (Operating Reserve) 146,599 64,755 (145,961)
CIP Projects (7) (107,500)0 0
Estimated Ending CIP Reserve Balance $975,137 $1,039,892 $893,931
(1)Actual figures per Finance Fiscal Year 2014/2015 activity sheets.
(2)Approved budget.
(3)Proposed budget.
(4)Includes cost allocation for City services.
(5)Parkway Business Centre I and II, and Tech Business Center.
(6)Pomerado Business Park I and II, Trident Center, Discovery Isle, Parkway Business Centre III, Legacy,
Toppan, Poway Corporate Center, Poway Views, Watkins Terminals, and Costco/Home Depot.
(7)Fiscal Year 2014/2015: Replacement of Type III cabinet.
.
Resolution 16-025
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APPENDIX A - DISTRICT ASSESSMENT DIAGRAM
A District Diagram has been prepared for the District in the format required by the
1972 Act, and is on file with the Special Districts Office of the Public Works
Department, and by reference is made part of this Report. The Assessment Diagram
is available for inspection at the Special Districts Office of the Public Works
Department, during normal business hours.
Resolution 16-025
Page 17
APPENDIX B - 2016/2017 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown
on the County Assessor’s Map for the year in which this Report is prepared.
Non-assessable lots or parcels include land principally encumbered by public or utility
rights-of-way and common areas. These parcels will not be assessed.
A listing of parcels assessed within the District along with the proposed assessment
amounts has been identified as “Fiscal Year 2016/2017 Assessment Roll”, and is on file
with the City Clerk and is by reference made a part of this Report.
Resolution 16-025
Page 18
City of Poway
Landscape Maintenance
Assessment District 87-1
2016/2017 ENGINEER’S ANNUAL LEVY REPORT
INTENT MEETING: JUNE 21, 2016
PUBLIC HEARING: JULY 19, 2016
www.willdan.com/financial
EXHIBIT A
Resolution 16-025
Page 3
Resolution 16-025 Page 4
TABLE OF CONTENTS
I.OVERVIEW ......................................................................................................... 1
A.INTRODUCTION ................................................................................................. 1
B.COMPLIANCE WITH CURRENT LEGISLATION .............................................. 1
C.IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ....................................... 2
II.DESCRIPTION OF THE DISTRICT .................................................................... 3
A.BOUNDARIES OF THE DISTRICT .................................................................... 3
B.DESCRIPTION OF THE DISTRICT IMPROVEMENTS ...................................... 4
C.PROPERTIES BENEFITING FROM IMPROVEMENTS ..................................... 5
III.METHOD OF APPORTIONMENT ...................................................................... 5
A.GENERAL .......................................................................................................... 5
B.BENEFIT ANALYSIS .......................................................................................... 5
C.ASSESSMENT METHODOLOGY ...................................................................... 7
D.MAXIMUM ASSESSMENT ................................................................................. 9
IV.DISTRICT BUDGETS ....................................................................................... 10
A.DESCRIPTION OF BUDGET ITEMS ................................................................ 10
B.BUDGET ........................................................................................................... 11
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM ............................................ 12
APPENDIX B - 2016/2017 ASSESSMENT ROLL ................................................... 13
Resolution 16-025
Page 5
I. OVERVIEW
A. INTRODUCTION
The City of Poway (“City”) annually levies and collects special assessments in order to
maintain the improvements within the Landscape Maintenance District 87-1 (“District”),
formed January 27, 1987. The District is levied pursuant to the City of Poway Resolution No.
00-034 (Policies for Landscape Maintenance Districts) and the Landscape and Lighting Act
of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”), in
compliance with California Constitution Article XIIID (“Article XIIID”). The 1972 Act and Article
XIIID are collectively referred to herein as “Assessment Law”.
This Engineer’s Annual Levy Report (“Report”) describes the District, any annexations, or
changes to the District including substantial changes to the District improvements, and the
proposed assessments for Fiscal Year 2016/2017. The proposed assessments are based on
the estimated cost to maintain the improvements that provide special benefits to properties
within the District. The costs of improvements and the annual levy include all expenditures,
deficits, surpluses, revenues, and reserves. Each parcel is assessed proportionately for only
those improvements provided and for which the parcel receives benefit based on an
established method of apportionment.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned
its own Assessor’s Parcel Number by the County of San Diego (“County”) Assessor’s Office.
The County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers,
to identify on the tax roll, properties assessed for special district benefit assessments.
Following consideration of public comments and written protests at a noticed public hearing,
and review of the Report, the City Council may order amendments to the Report or confirm
the Report as submitted. Following final approval of the Report, and confirmation of the
assessments, the Council may order the levy and collection of assessments for Fiscal Year
2016/2017 pursuant to the 1972 Act. In such case, the assessment information will be
submitted to the County Auditor/Controller, and included on the property tax roll for each
benefiting parcel for Fiscal Year 2016/2017.
B. COMPLIANCE WITH CURRENT LEGISLATION
Pursuant to the 1972 Act, the City Council annually conducts a public hearing to accept public
comments and testimony, and to approve the annual assessments to be levied on the County
tax roll for the fiscal year. All assessments contained in this Report and to be approved by
the City Council have been prepared in accordance with the 1972 Act and are in compliance
with the provisions of Article XIIID of the Constitution of the State of California (“Proposition
218”).
The City has reviewed the provisions of Article XIIID and has made the following findings and
determinations:
Pursuant to Article XIIID, Section 5, certain existing assessments are exempt from the
substantive and procedural requirements of Article XIIID, Section 4, and property owner
balloting for the assessments is not required until such time that the assessments are
increased. Since the District assessments were imposed pursuant to a petition signed by
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the persons owning all of the parcels subject to the assessments at the time the assessments
were initially imposed, Article XIIID Section 5 (b) exempts the existing assessment amounts
(approved original assessment rates including any applicable annual escalation factor) from
the procedural requirements of Article XIIID, Section 4.
The provisions of Article XIIID do not alter the non-conflicting provisions of the 1972 Act. As
such, the method of apportionment described in this Report utilizes commonly accepted
assessment engineering practices consistent with the 1972 Act and the provisions of Article
XIIID. The proposed assessments for the current fiscal year are less than or equal to the
adjusted maximum assessment rate previously approved and adopted for the District. The
application of this adjusted maximum assessment rate for the various land uses within the
District is described in more detail in Section III D of this Report. Any proposed assessment
that exceeds the adjusted maximum assessment rate is considered an increased
assessment. Pursuant to the provisions of Article XIIID, all new or increased assessments
(the incremental increase) are subject to both the substantive and procedural requirements
of Article XIIID, Section 4.
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines
improvements to mean one or any combination of the following:
The installation or planting of landscaping.
The installation or construction of statuary, fountains, and other ornamental
structures and facilities.
The installation or construction of public lighting facilities.
The installation or construction of any facilities which are appurtenant to any of the
foregoing or which are necessary or convenient for the maintenance or servicing
thereof, including, but not limited to, grading, clearing, removal of debris, the
installation or construction of curbs, gutters, walls, sidewalks, or paving, or water,
irrigation, drainage, or electrical facilities.
The maintenance or servicing, or both, of any of the foregoing.
The acquisition of any existing improvement otherwise authorized pursuant to this
section.
Incidental expenses associated with the improvements including, but not limited to:
The cost of preparation of the Report, including plans, specifications, estimates,
diagram, and assessment;
The costs of printing, advertising, and the publishing, posting and mailing of
notices;
Compensation payable to the County for collection of assessments;
Compensation of any engineer or attorney employed to render services;
Any other expenses incidental to the construction, installation, or maintenance and
servicing of the improvements;
Any expenses incidental to the issuance of bonds or notes pursuant to Section
22662.5; and,
Costs associated with any elections held for the approval of a new or increased
assessment.
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The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any
improvement, including:
Repair, removal, or replacement of all or any part of any improvement.
Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
The removal of trimmings, rubbish, debris, and other solid waste.
The cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
II. DESCRIPTION OF THE DISTRICT
A. BOUNDARIES OF THE DISTRICT
The District Boundary Map and Assessment Diagram, which are incorporated herein by
reference and made a part of this Engineer’s Report, are on file with the Special Districts
Office of the Public Works Department of the City of Poway and are available for public
inspection during normal business hours.
The Boundary Map shows the District boundary and the general location of District
improvements.
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District 87-1 consists of the following developments:
Tract Project Name
TTM 85-04 Pomerado Business Park I and II
TTM 86-02R Tech Business Center
TTM 87-13 Parkway Business Centre I and II
TTM 88-04R Trident Center
TTM 88-04R Rolling Hills Estates I and II
TTM 97-03 Valencia
TTM 98-05 Parkway Business Centre III
TTM 99-07 Legacy/Toppan
TPM 98-07 Kimball
DR 95-13 Watkins Terminals
DR 97-47 Discovery Isle
TTM 98-07 Aviano/Bothwell
TPM 19952 Rexford
TTM 00-01 Poway Views, LLC
TPM 01-05 Dynasty Development
DR 03-13 Costco/Home Depot
TTM 86-02R Poway Corporate Center
TPM 06-04 Slough Poway II, LLC
B. DESCRIPTION OF THE DISTRICT IMPROVEMENTS
Facilities to be maintained are defined as landscape improvements associated with annexed
subdivisions that are adjacent to portions of Pomerado Road, Community Road, Scripps
Poway Parkway, Stowe Drive, and a portion of Treadwell Drive. These improvements include
right-of-ways, roadway medians, three detention/retention basins, and the Metate Road
staging area.
Walls and fences adjacent to private property are to be maintained by the adjacent property
owners. The District/City, prior to commencement of work, shall approve repairs or
reconstruction of any walls or fences adjacent to the District landscape areas. Should the
property owners desire to include major repairs or reconstruction within the District’s
responsibilities, the property owners are required to submit a petition to initiate the balloting
process set forth in Article XIIID, Section 4.
Landscape maintenance performance standards and specifications have been developed by
the City to assure quality maintenance of landscape assessment district properties. A recent
evaluation of the level of quality has been conducted, and the current maintenance levels
meet the City's landscape maintenance standards.
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C. PROPERTIES BENEFITING FROM IMPROVEMENTS
The properties determined to receive benefit are those lots or parcels that, as a result of
development or redevelopment, finance, construct, install, and/or establish landscape
improvements within public right-of-ways or public easements (permanent public
improvement) or adjoining lots or parcels that, as a result of development or redevelopment,
receive access or are immediately adjacent to lots or parcels which contain landscape
improvements maintained by a landscape maintenance district.
Special benefit, as defined in Assessment Law and in this Report, shall be assessed to those
properties determined to receive benefit from the District’s improvements.
III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose
of providing certain public improvements that include the construction, maintenance and
servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further
requires that the cost of these improvements be levied according to benefit rather than
assessed value:
The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among
all assessable lots or parcels in proportion to the estimated benefits to be received by
each such lot or parcel from the improvements.
The formula used for calculating assessments in this District therefore reflects the
composition of the parcels, and the improvements and services provided, to fairly apportion
the costs based on benefit to each parcel.
In addition, Article XIIID requires that a parcel’s assessment may not exceed the reasonable
cost of the proportional special benefit conferred on that parcel. Article XIIID provides that
only special benefits are assessable and the City must separate the general benefits from
the special benefits. A special benefit is a particular and distinct benefit over and above
general benefits conferred on the public at large, including real property within the district.
The general enhancement of property value does not constitute a special benefit.
B. BENEFIT ANALYSIS
Each of the improvements, the associated costs and assessments within the District has
been reviewed, identified and allocated based on the special benefit parcels receive from
such improvements pursuant to the provisions of Article XIIID and the 1972 Act. All
improvements associated with this District have been identified as necessary, required
and/or desired for the orderly development of the properties within the District to their full
potential, consistent with the proposed development plans. As such, these improvements
would be necessary and required of individual property owners for the development of such
properties, and the ongoing operation, servicing and maintenance of these improvements
would be the financial obligation of those properties. Therefore, the improvements and the
annual costs of maintenance and operation of the improvements are of special benefit to the
properties.
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All the lots or parcels are established at the same time once the conditions regarding the
improvements and the continued maintenance are met. As a result, each lot or parcel within
the District receives a special and distinct benefit from the improvements and to the same
degree.
Over time, the improvements continue to confer a particular and distinct special benefit upon
the lots or parcels within the District because of the nature of the improvements. The proper
maintenance of the improvements and appurtenant facilities reduces property related crimes,
especially vandalism, against properties in the District. All of the above mentioned factors
also contribute to a specific benefit to each of the parcels within the District.
The method of apportionment (method of assessment) is based on the premise that each
assessed parcel within the District receives benefit from the improvements. However, each
individual improvement element has its own distinct benefits both specific and general. The
special benefits associated with the improvements within the District are as follows:
Special Benefit
The special benefits associated with the landscaping improvements in the District are
specifically:
Enhanced desirability of properties through association with the improvements;
Improved aesthetic appeal of properties providing a positive representation of the
area;
Enhanced adaptation of the urban environment within the natural environment
from adequate green space, open space areas and landscaping;
Environmental enhancement through improved erosion resistance, dust and
debris control, and fire prevention;
Increased sense of pride in ownership of property within the District resulting from
well-maintained improvements associated with the properties;
Reduced criminal activity and property-related crimes (especially vandalism)
against properties in the District through well-maintained surroundings and
amenities including abatement of graffiti; and,
Enhanced environmental quality of the parcels by moderating temperatures,
providing oxygenation and attenuating noise.
General Benefit
Assessment Law mandates that the City assess for special benefit only, and the City
shall separate general benefit from special benefit. General benefit is defined as
services provided to the public-at-large. Special benefit is defined as services provided
at a level greater than the services provided to the public-at-large.
The City’s general benefit to the public-at-large is determined as the average
expenditure from the General Fund for the maintenance of landscaped medians and
right-of-ways, calculated on a per square foot basis. The City shall make a general
benefit contribution to a district based on the City’s average rate of expenditure from the
General Fund for the various types of improvements applied to the square footage of
similar types of improvements within the District.
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The Right of Ways and Medians along Scripps Poway Parkway were extended to the
east by 204,634 feet and 17,634 respectively and maintenance responsibility was turned
over to the Special District as of August 21, 2014.
LANDSCAPE ELEMENT QUANTITY
Landscaped Right-of-Ways 563,301 Sq. Ft.
Landscaped Median 247,510 Sq. Ft.
The City shall annually conduct an audit to determine the average expenditure from the
General Fund for the maintenance of landscape improvements within the public right-
of-ways or public easements, calculated on a per square foot basis. The general benefit
for Fiscal Year 2016/2017 is determined to be:
$0.1120 per square foot for landscape right-of-ways and,
$0.2696 per square foot for landscape medians
As part of the audit, the City shall determine the average expenditure from the General
Fund for the maintenance of District landscape improvements. Based on an increase
of 1.45 percent in the San Diego Consumer Price Index (the average of All Urban
Consumers and Urban Wage Earners and Clerical Workers), comparable services
provided by the City of Poway staff for general landscape services, the general benefit
for Fiscal Year 2016/2017 will increase from Fiscal Year 2015/2016, based on the
contribution rate per square foot, at a maximum for this District:
Zone A
563,301 sq. ft. landscaped R/W X $0.1120 = $63,089.71
247,510 sq. ft. landscaped medians X $0.2696 = $66,728.70
All other maintenance, operation, administrative, and incidental costs which exceed the
City’s general benefit contribution to the public-at-large are of special benefit and
assessed to the District.
The City shall have an option as to how it will make the general benefit contributions to
the District. The City shall make its general benefit contribution by either:
providing irrigation water to the District for irrigation of LMD improvements in
an amount equal to the City’s general benefit contribution, or
paying directly to the District from the General Fund a dollar amount equal to
the City’s general benefit contribution.
C. ASSESSMENT METHODOLOGY
The total cost of special benefit for maintenance of the public improvements funded by the
District will be assessed to the various parcels in the District in proportion to the benefit units
assigned to each parcel, in relationship to the total benefit units assigned to all parcels being
assessed.
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Residential Land Uses
All residential subdivisions shall be assessed proportional to special benefit received based
on one (1) benefit unit per residential dwelling unit.
Non-residential Land Uses
All non-residential parcels shall be assessed proportional to special benefit received based
on the average planned dwelling unit density throughout the urban areas of the City (four
dwelling units per acre), the equivalent of four (4) benefit units per acre.
Non-residential land uses typically provide services and/or employment opportunities for the
City that benefit all lands throughout the City. Since these non-residential land uses can
occur throughout the City, the planned, average density of residential dwelling units per acre
for the urban areas of the City has been calculated. The non-residential land uses are
considered to dislocate residential units. Therefore, the number of residential dwelling units
dislocated, based on the average dwelling units per acre, has been assigned to non-
residential lands. This method determines an equivalent benefit to residential land uses.
Exhibit B details the calculation of the average residential units per acre planned within the
urban areas of the City. Urban areas have been defined as the parcels receiving water and
sewer services.
In-Lieu Assessments
Under provisions of City policy, parcels may contribute in-lieu assessments by providing
equivalent maintenance services for District improvements within public right-of-ways or
public easements immediately adjacent to their lands. No new parcels within the District are
scheduled to contribute in lieu assessments in Fiscal Year 2016/2017.
Non-benefiting Parcels
All public and private streets, avenues, lanes, roads, drives, courts, alleys, all public
easements and right-of-ways, all dedicated open space parcels, and District maintained
parcels are determined to not receive special benefit from the District’s improvements and
are therefore not assessed.
Benefit Units (BUs)
As described above, the number of assessable benefit units attributable to each parcel
receiving special benefit has been calculated and can be found in the Assessment Roll
(Exhibit C).
The assessment methodology utilized is as described above. Based on this methodology,
the benefit units, and the Fiscal Year 2016/2017 proposed assessment for each parcel were
calculated and are shown in the Assessment Roll (Appendix B).
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The calculated Fiscal Year 2016/2017 assessments for the residential and non-residential
parcels are proposed to remain at the Fiscal Year 2015/2016 assessment rate of $210.68
per benefit unit or:
$790.00 per net acre per year for Parkway Business Centre I and II, Tech Business
Center; and Slough Poway II, LLC and
$842.68 per net acre per year for Pomerado Business Park I and II, Trident Center,
Discovery Isle, Parkway Business Centre III, Legacy, Toppan, Poway Corporate
Center, Poway Views, Watkins Terminals, and Costco/Home Depot; and
$210.68 per benefit unit per year for Rolling Hills Estates, Valencia, Kimball,
Aviano/Bothwell, Rexford, and Dynasty Development.
D. MAXIMUM ASSESSMENT RATE
The approved maximum assessment rates for the District were established and have
remained at $790.00 per net acre for Parkway Business Centre I and II, Tech Business
Center, and Slough Poway II, LLC; $842.68 per net acre for Pomerado Business Park I and
II, Trident Center, Discovery Isle, Parkway Business Centre III, Legacy, Toppan, Poway
Corporate Center, Poway Views, Watkins Terminals, and Costco/Home Depot; and $210.68
per benefit unit per year for Rolling Hills Estates, Valencia, Kimball, Aviano/Bothwell,
Rexford, and Dynasty Development. The District currently has no approved escalation factor
for increasing the maximum assessment rates. The maximum assessment rate establishes
an approved upper limit on the annual assessment; however, the assessment rate levied by
the District may be less than the maximum amount in any given year if not required to meet
the budgetary needs for that year. If the long term budgetary needs of the District would
require an increase in the rate greater than the maximum assessment rate in order to meet
those needs, then any proposed increase in the maximum assessment rate would require
property owning balloting procedures as dictated by Article XIIID.
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IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The 1972 Act provides that the estimated costs of the improvements shall include the total
cost of the maintenance and servicing of the improvements for the entire Fiscal Year
2016/2017, commencing July 1, 2016 and ending June 30, 2017, including incidentals, which
may include reserves to operate the District.
The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included
in the estimated cost of improvements. The net amount to be assessed on the lots or parcels
within the District is the total cost of maintenance and servicing with adjustments either
positive or negative for reserves, surpluses, deficits, and/or contributions.
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B. BUDGET
BUDGET ITEMS
Fiscal Year
2014/2015 (1)
Fiscal Year
2015/2016 (2)
Fiscal Year
2016/2017 (3)
EXPENDITURES:
Maintenance $322,064 $286,766 $414,938
Water/power 229,004 314,660 330,370
Administration(4) 102,567 90,750 101,770
Total Expenditures $653,635 $692,176 $847,078
REVENUES
City General Benefit Contribution $125,426 $127,951 $129,818
Assessment Revenue 646,512 638,250 638,250
Interest Revenue 8,180 10,000 10,500
Grant Revenue 0 0 0
Capital Project Closeout 0 0 0
Miscellaneous 1,553 0 0
Total Revenues $781,671 $776,201 $778,568
DISTRICT STATISTICS
Total Number of Parcels 512
Total Parcels Levied 512
Rate per EBU (Equivalent Benefit Units) Residential $210.68
Rate per Acre (5) $790.00
Rate per Acre (6) $842.68
OPERATING RESERVE
Beginning Reserve Balance $345,380 $326,818 $346,088
Reserve Transfers Out (CIP)(146,599) (64,755) 145,961
Reserve Fund Activity 128,037 84,025 (68,510)
Estimated Ending Reserve Balance $326,818 $346,088 $423,539
CAPITAL IMPROVEMENT RESERVE
CIP Fund Balance $828,538 $975,137 $1,039,892
CIP Transfers In (Operating Reserve) 146,599 64,755 (145,961)
CIP Projects (7) (107,500)0 0
Estimated Ending CIP Reserve Balance $975,137 $1,039,892 $893,931
(1)Actual figures per Finance Fiscal Year 2014/2015 activity sheets.
(2)Approved budget.
(3)Proposed budget.
(4)Includes cost allocation for City services.
(5)Parkway Business Centre I and II, and Tech Business Center.
(6)Pomerado Business Park I and II, Trident Center, Discovery Isle, Parkway Business Centre III, Legacy,
Toppan, Poway Corporate Center, Poway Views, Watkins Terminals, and Costco/Home Depot.
(7)Fiscal Year 2014/2015: Replacement of Type III cabinet.
.
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APPENDIX A - DISTRICT ASSESSMENT DIAGRAM
A District Diagram has been prepared for the District in the format required by the
1972 Act, and is on file with the Special Districts Office of the Public Works
Department, and by reference is made part of this Report. The Assessment Diagram
is available for inspection at the Special Districts Office of the Public Works
Department, during normal business hours.
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APPENDIX B - 2016/2017 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown
on the County Assessor’s Map for the year in which this Report is prepared.
Non-assessable lots or parcels include land principally encumbered by public or utility
rights-of-way and common areas. These parcels will not be assessed.
A listing of parcels assessed within the District along with the proposed assessment
amounts has been identified as “Fiscal Year 2016/2017 Assessment Roll”, and is on file
with the City Clerk and is by reference made a part of this Report.
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