Res 98-041RESOLUTION NO. 98-041
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 1998/99
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 EngineeFs 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 are proposed to increase from the Fiscal Year
1997/98 assessment rate of $163.00 to $239.00 per benefit unit for Zone A residential
parcels; and
WHEREAS, assessments are proposed to decrease from the Fiscal Year
1997/98 assessment rate of $113.80 to $70.89 per benefit unit for Zone B; and
WHEREAS, under Article XIII D, Section 4(c), each parcel shall be given written
notice by mail of the proposed assessments, the total amount chargeable to the entire
District, the amount chargeable to the owner's particular parcel, the duration of the
payments, the reason for the assessment and the basis upon which the amount of the
proposed assessment was calculated, together with the date, time, and location of a
public hearing on the proposed assessment. Each notice shall also include procedures
applicable to the completion, return, and tabulation of ballots pursuant to Article XIII D,
Section 4(d), including a disclosure statement should a majority protest be received;
and
WHEREAS, under Article Xlll D, Section 4(d), with each notice mailed to
property owners identified within the District shall contain a ballot for support or
opposition to the proposed assessment; and
WHEREAS, under Section 3, Article 4.3.(b)(1), Section 53739 (added to Chapter
4 of Part 1 of Division 2 of Title 5 of the Government Code), the governing board of the
adopting local government may impose the assessment at any rate or amount that is
less than or equal to the inflation-adjusted maximum amount authorized by the voter-
approved resolution; and
WHEREAS, under Assessment Law, the mailed ballot shall also contain the
allowance of indexing assessments annually to the San Diego Consumer Price Index
for Urban Consumers (SDCPI-U), or its future equivalent which will allow for minor
Resolution No. 98.941
Page 2
increase for normal maintenance and operating cost escalation without the District
incurring the cost of a ballot proceeding in the futura;
WHEREAS, said notice and ballot shall be mailed to all property owners
identified within the District the 12th day of May 1998; and
WHEREAS, a public hearing upon the proposed assessment shall be held not
less than 45 days after mailing the notice of the proposed assessment to record owners
of each identified parcel; 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:
The foregoing recitals are true and corract and the City Council so finds
and determines.
Proposed assessments are as detailed in the Engineer's Report for
Poway Landscape Maintenance District No. 86-3 for fiscal year 1998/99.
Pursuant to the Streets and Highways Code, a public hearing will be held
on June 30, 1998 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,
Califomia, at a regular meeting this 28th day of April, 1998.
ATTEST:
Marjori~.~Wahlsten, City Clerk
Resolution No. 98-04!
Page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. 98- 04:[ , was duly adopted by the City Council at a meeting
of said City Council held on the 28th day of April 1998, and that it was so adopted by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, GOLDBY, REXFORD, HIGGINSON
NONE
NONE
CAFAGNA
Marjori~Wahlsten, City Clerk
EXHIBIT A
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Cl.)
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