Res 18-005RESOLUTION NO. 18-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO.
18-1; AND DIRECTING THE PREPARATION AND FILING OF AN
ENGINEER’S REPORT RELATED THERETO, PURSUANT TO
THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE
WHEREAS, the City Council of the City of Poway (“City”), pursuant to the provisions of
the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and
Highways Code (“1972 Act”), desires to initiate proceedings for the formation of an assessment
district within the City to be known and designated as Landscape Maintenance District No. 18-1
(the “District”), and to levy and collect annual assessments for the District commencing in fiscal
year 2018/2019 to pay, in whole or in part, for the special benefit costs associated with the
operation, maintenance, installation, and servicing of local landscaping improvements and
appurtenant facilities related thereto;
WHEREAS, pursuant to Chapter 2, Article 1 Section 22585 of the 1972 Act, proceedings
for the formation of an assessment district shall be initiated by resolution and that resolution
shall generally describe the proposed improvements, describe the proposed assessment district
and specify a distinctive designation for the district, and order the engineer to prepare and file a
report in accordance with Chapter 1, Article 4 (commencing with Section 22565) of the 1972
Act; and
WHEREAS, the City has retained Willdan Financial Services (“Willdan”) as the
Assessment Engineer of Work for the purpose of assisting with the formation of the District, the
establishment of annual assessments, and to prepare and file a report with the City Clerk
concerning the formation of Landscape Maintenance District No. 18-1 and the proposed annual
levy of assessments in accordance with the 1972 Act and the provisions of the California
Constitution Article XIIID (the “Constitution”) and the Proposition 218 Omnibus implementation
Act, being Government Code section 53750 et seq. (the “Omnibus Act”).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as
follows:
Section 1: That the foregoing recitals are true and correct.
Section 2: That the City proposes to form Landscape Maintenance District No. 18-1
incorporating all lots and parcels of land located in the southern region of the City, generally
east of the City limits, west of Espola Road and north of Poway Road for which the
improvements provide special benefits; and to levy and collect annual assessments for the
District commencing in fiscal year 2018/2019 to pay for the special benefit expenses associated
with the operation, maintenance, installation, and servicing of the local landscaping
improvements and appurtenant facilities as authorized by the 1972 Act.
Section 3: The territory within the District as described above incorporates
approximately one thousand six hundred ninety-six (1,696) parcels totaling approximately six
hundred five (605) acres which are inclusive of the parcels identified on the San Diego County
Assessor’s Parcel Maps (APN Maps) as Book 314 Pages 04, 05, 16, 19, 24, 34, 35, 37, 38, 56,
60, 63, 66 thru 83, and 86; Book 317 Page 11; and Book 321 Pages 30 and 39.
Resolution No. 18-05
Page 2
Section 4: That the improvements to be provided by the District and associated with
each Zone therein generally include, but are not limited to, the installation, maintenance,
operation and servicing of local landscaping improvements and appurtenant facilities that are
provided for the benefit of real property within the District. The improvements to be provided by
the District include landscaping within specified public areas, rights-of-way and/or dedicated
easements that have been installed in connection with the development of properties for the
benefit of those properties and/or nearby adjacent developments or were otherwise considered
necessary or required for the development of properties within the District to their full and best
use. The work to be performed within the District may include, but is not limited to (as
applicable), the personnel; materials; equipment; electricity; water; contract services;
maintenance, repair and rehabilitation of the improvements; and incidental expenses required to
operate the District and provide the improvements and services authorized by the 1972 Act.
Section 5: In accordance with Chapter 2 Article 1 Section 22586 of the 1972 Act, the
City Council hereby directs the Assessment Engineer Work to prepare and file with the City
Clerk an Engineer's Report concerning the formation of the District; the improvements
connected therewith and the annual levy of assessments commencing with the fiscal year
2018/2019, in accordance with Chapter 1, Article 4 (commencing with Section 22565) of the
1972 Act,
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 6th day of March 2018.
Steve Vaus, Mayor
ATTEST:
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Nancy y Ne f d, dMC, City Clerk
Resolution No. 18-005
Page 3
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. 18-005 was duly adopted by the City
Council at a meeting of said City Council held on the 6th day of March 2018, and that it was so
adopted by the following vote:
AYES: CUNNINGHAM, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: GROSCH
Nancy ufe d, CMC, City Clerk
City of Poway