Res 10-049RESOLUTION NO. 10 -049
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING ASSESSMENTS FOR
LANDSCAPE MAINTENANCE DISTRICT 86 -1
TO BE COLLECTED ON THE SAN DIEGO COUNTY
PROPERTY TAX ROLL FOR FISCAL YEAR 2010/2011
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 20, 2010, 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 Bill 919), and in accordance with the Resolution of Intention,
being City of Poway Resolution No. 10 -024 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 86 -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 18, 2010, 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 two (2) zones are as follows:
Zone A: $ 243.04 per benefit unit
Zone B: $ 0.00 per benefit unit
Section 2 : The sum of assessments to be collected on the Fiscal Year 2010/2011
San Diego County property tax roll to provide for the maintenance of landscape
Resolution No. 10 -049
Page 2
improvements within Zones A and B of Landscape Maintenance District 86 -1 are as
follows:
Zone A: $242,067.84
Zone B: Zero
Section 3: Under Assessment Law, the City of Poway's General Benefit
Contribution has been calculated as follows:
Zone A: $ 39,927.18
Zone B: N/A
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 20 day of July, 2010.
Don Higginson, Mayor
ATTEST:
L l-inda by n, City Clerk
Resolution No. 10 -049
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda Troyan, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 10 -049, was duly adopted by the City Council at a
meeting of said City Council held on the 20 day of July, 2010, and that it was so adopted
by the following vote:
AYES: BOYACK, CUNNINGHAM, MULLIN, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE