Res 13-010RESOLUTION NO. 13 -010
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 2013/2014
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 not increase from the Fiscal Year 2012/2013
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
$42,472.36; 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 2013/2014
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 2013/2014.
Section 3: Pursuant to the Streets and Highways Code, a public hearing will
be held on July 16, 2013 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.
Resolution No. 13 -010
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 21St day of May 2013.
Don Higginson, Mayor
ATTEST:
Sh
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heil . Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 13 -010 was duly adopted by the City Council
at a meeting of said City Council held on the 21St day of May 2013, and that it was so
adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, CMC, City Clerk
City of Poway