Res 10-026RESOLUTION NO. 10 -026
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 -3 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 -3 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, annual assessments will not increase from the Fiscal Year
2009/2010 assessment rate of $163.00 per benefit unit for Zone A, and $75.31 per
benefit unit for Zone B; 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 Zones A and B have been calculated
to be $1,107.81 and $5,538.07, respectively;
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 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 -3 for Fiscal Year 2010/2011.
Resolution No. 10 -026
Page 2
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.
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.
1 "�16 „ �
Don Higginson, Maycrr
ATTEST:
Linda A. Troyan, City Clerk
Resolution No. 10 -026
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 -026, 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
0 A. Troyan, MMC, City Clerk
of Poway