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Res 89-067Resolution No. 89-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS WITH THE POWAY LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 87-1 FOR FISCAL YEAR 1989-90 WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance Assessment District 87-1 for the purpose of maintaining, servicing, and operating public landscape facilities located within the territory comprising of said district as shown in the Engineer's Report, Exhibit "A", pursuant to the Landscape and Lighting Act of 1972; and WHEREAS, the public interest and convenience requires the maintenance, ser- vice and operation of public landscaping, soundwalls, and future parks within said territory. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. The foregoing recitals are true and correct and the City Council so finds and determines. Proposed assessments for 1989-90 are as detailed in the Engineer's Report for Poway Landscape Maintenance Assessment District No. 87-1 for fiscal year 1989-90, Exhibit "A". Pursuant to the Streets and Highways Code, a public hearing will be held on June 6, 1989 in the City Council Chambers at City Hall to consider the levy and collection of the proposed assessments. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this gth day of May, 1989. Carl Kruse, Mayor ATTEST: Marjorie IC~ Wahlsten, City Clerk Resolution No. 89-067 Page 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorte K. Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution, No. 89-067 , was duly adopted by the City Council at a meeting of said City Council held on the 9th day of May, 1989 and that it was so adopted by the following vote: AYES: EMERY, GOLDSMITH, HIGGINSON, KRUSE NOES: NONE ABSTAIN: NONE ABSENT: BP~ANNON MarJorie ~K. Wahlsten, City Clerk City of Peway EI~Z#EER*$ REI:~RT Resolution No. 89-067 Page 3 PO'dAY I.AND,~.APE NAINTENANCE A~NT DISTRI(;:T NO, ~7-1 FOR 19~9-90 FI,~U. YEAR The purpose of this report is to set forth the findings and engineering analysis for Poway Landscape Maintenance Assessment District No. 87-1 for 1989-1990 ftscat year. The assessment district was formed January 27, 1987 as a means of financing the maintenance of landscape improvements installed in conjunction with new subdivisions in Poway, the boundary being as shown in Exhibit "A". FINOI~ The Landscape and Lightlng Act of 1972 permits the establishment of assessment distrlcts by cities for the purpose of providing for the malntenance of certain publlc improvements whlch include the facilities extstlng wlthin the subject assessment district. The 1972 Act requires that maintenance assessments be levied accordlng to benefit rather than according to estimated value. Sectlon 22573 provides that: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The facilities to be maintained are shown on the approved landscaping plans for the project and are described as follows: Roadway medians in Pomerado Road, South Poway Parkway, and Community Road, soundwalls, retaining walls, and adjacent parkways along Pomerado Road, detention basins, equestrian trails and equestrian staging areas. The landscaping plans are incorporated in the Report by reference. Cost Estimate It is anticipated that landscaping will not be accepted for maintenance in fiscal year 1989-1990. Therefore, the assessments collected in fiscal year 1988-1989 will be sufficient to cover minor administrative costs anticipated in 1989-1990. Assessment Diagram The boundary of the proposed assessment district and the individual parcels are EXHIBIT A Engineer's Report, LMD 87-! Page 2 Resolution No. 89-067 Page 4 shown on Exhibit A. The following areas are excluded from assessments for the district: All public streets, public avenues, public lanes, public roads public drives, public courts, public alleys, public right-of- ways, all public parks, greenbelts and parkways, and all public property used for public school purposes. Method of Assessment No assessments will be made. Respectfully Submitted, Mark S. Weston, P.E. City Engineer R.C.E. No. 026847 Date EXHIBIT' "A" Resolution No. 89-067 Page 5