Res 02-049RESOLUTION NO. 02- 049
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 2002/2003
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 2001/2002
assessment rate of $790.00 per net acre for Parkway Business Centre I and II, and
Tech Business Center; $842.68 per net acre for Pomerado Business Park I and II,
Parkway Business Centre III, Poway Corporate Center, Legacy, Toppan, Trident
Center, Poway Views, and Discovery Isle; and $210.68 per parcel for the residential
properties of Rolling Hills Estates, Valencia, Kimball, and Aviano/Bothwell; and
WHEREAS, under Article Xlll 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
$70,267.02; 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 2002/2003
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:
The foregoing recitals are true and correct and the City Council so finds
and determines.
=
Proposed assessments are as detailed in the Engineer's Report for
Poway Landscape Maintenance District No. 87-1 for Fiscal Year
2002/2003.
Resolution No. 02-049
Page 2
Pursuant to the Streets and Highways Code, a public hearing will be held
on July 9, 2002 by the City Council 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 7th day of May, 2002.
ATTEST:
~'~ri~-nne Peoples, City Clerk~-
M~ayor
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. 02- 049 , was duly adopted by the City Council at a meeting
of said City Council held on the 7th day of May 2002, and that it was so adopted by the
following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lori ,4nne Peol~le~; ~it'y Cle~lk --
City of Poway
EXHIBIT a
Resolution No. 02-049
Page 3
LMD 87-1 PLANNING AREA