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Res 08-058 RESOLUTION NO 08-058 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 SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County property tax roll; and WHEREAS, on July 15, 2008, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application, 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 XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate BiIl919), and in accordance with the Resolution of Intention, being City of Poway Resolution No 08-035 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 May 20, 2008, 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, BE IT RESOLVED by the City Council of the City of Poway 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 Resolution No 08-058 Page 2 Section 1 (cont'd) The Assessment Rates for the developments are as follows. 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 peT net acre Rolling Hills Estates I and II $21068 per benefit unit Valencia Creek $21068 per'benefit unit Kimball $21068 per benefit unit AvianolBothwell $21068 per benefit unit Dynasty Development $21068 per benefit unit Section 2: The sum of assessments to be collected on the Fiscal Year 2008/2009 San Diego County property tax roll to provide for the maintenance of landscape improvements within Landscape Maintenance District 87-1 are as follows. Commercial: $595,00010 Residential: $ 40,871 92 Section 3. Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $88,175.25 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, California, at a regular meeting this 15th day of July, 2008 ATTEST ')L~ /10e"/1",, Salam Hasenin, City Clerk Resolution No 08-058 Page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No 08- 058, was duly adopted by the City Council at a meeting of said City Council held on the 15th day of July, 2008, and that it was so adopted by the following vote. AYES BOYACK, EMERY, HIGGINSON, CAFAGNA NOES NONE ABSENT REXFORD DISQUALIFIED' NONE ~L )-!"-J~I\~ Salam Hasenin, City Clerk City of Po way