Res 08-035
RESOLUTION NO 08-035
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 2008/2009
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 2007/2008
assessment rate of $79000 per net acre for Parkway Business Centre I and II, and Tech
Business Center; $842.68 per net acre for Pornerado Business Park I and II, Parkway
Business Centre III, Poway Corporate Center, Legacy, Toppan, Trident Center, Poway
Views, Discovery Isle, and Costco/Home Depot; and $21068 per benefit unit for the
residential properties of Rolling Hills Estates, Valencia, Kimball, Aviano/Bothwell, 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 rights-of-way
This general benefit contribution for LMD 87-1 has been calculated to be $88,175.25, 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 2008/2009 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
foliows.
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
Pbway Landscape Maintenance District No 87-1 for Fiscal Year 2008/2009
Resolution No 08-035
Page 2
Section 3: Pursuant to the Streets and Highways Code, a public hearing will be
held on July 15, 2008 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 20th day of May 2008
I
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ATTEST
~~k~h
Salam Hasenin, City Clerk
Resolution No 08-035
Page 3
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Salam Hasenin, City Clerk ofthe City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No 08-035, was duly adopted by the City Council at a
meeting of said City Council held on the 20th day of May, 2008, and that it was so adopted
by the following vote.
AYES BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT EMERY
DISQUALIFIED' NONE
S,Lfi~~,''-1
Salam Hasenin, City Clerk
City of Poway