Res 10-024RESOLUTION NO. 10 -024
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 86 -1 FOR FISCAL YEAR 2010/2011
WHEREAS, the City Council of the City of Poway desires to levy and collect
assessments within Poway Landscape Maintenance District 86 -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 remain at the Fiscal Year 2009/2010 assessment
rate of $243.04 per benefit unit for Zone A; 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 Zone A has been calculated to be
$39,927.18; 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 2010/2011
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 and soundwalls 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. 86 -1 for Fiscal Year 2010/2011.
Section 3: Pursuant to the Streets and Highways Code, a public hearing will
be held on July 20, 2010 by the City Council to consider the levying and collection of the
proposed assessments.
Resolution No. 10 -024
Page 2
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 18 day of May 2010.
Don Higginson, Mayo
ATTEST:
A. yan, City Clerk
Resolution No. 10 -024
Page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 10 -024, was duly adopted by the
City Council at a meeting of said City Council held on the 18 day of May 2010, and that
it was so adopted by the following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSENT: None
DISQUALIFIED: None
Linda A. Jfroyan, MMC, City Clerk
City of oway