Res 11-026RESOLUTION NO. 11 -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 87 -1 FOR FISCAL YEAR 2011/2012
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 2010/2011
assessment rate of $790.00 per net acre per year for Parkway Business Centre I and II,
and Tech Business Center; $842.68 per net acre per year for Pomerado Business Park I
and II, Trident Center, Discovery Isle, Parkway Business Centre III, Legacy, Toppan,
Poway Corporate Center, Poway Views, Watkins Terminals, and Costco /Home Depot; and
$210.68 per benefit unit per year for the residential properties of Rolling Hills Estates,
Valencia, Kimball, Aviano /Bothwell, Rexford, 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 $92,727.09; 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 2011/2012 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. 87 -1 for Fiscal Year 2011/2012.
Section 3: Pursuant to the Streets and Highways Code, a public hearing will be
held on July 19, 2011 by the City Council to consider the levying and collection of the
proposed assessments.
Resolution No. 11 -026
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 17th day of May 2011.
Don Higginson, Mayor
ATTEST:
Resolution No. 11 -026
Page .3
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 11 -026, was duly adopted by the City
Council at a meeting of said City Council held on the 17th day of May, 2011, and that it was
so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
end A. Troyan, MMC, City Clerk
Citfof Poway