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Item 4 - Resolution Establishing Assessments LMD 83-1 AGENDA REPQU SUMMARY - TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Ma~ - lNlTIATED BY: Lester J. Berglund, Acting Director of Public Servict;j ~ Daniel W. Cannon, Parks and Landscape Manager! .,"-'L-- Patricia S. Nelson, Department Aide r DATE: June 15, 1993 SUBJECT: Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1, Zones A and B, to be Collected on the Property Tax Roll for Fiscal Year 1993-94 ABSTRACT On April 13, 1993, the City Council approved the Engineer's Report by adopting Resolution NO. 93-057, declaring the intention to levy and collect assessments within the City of Poway Landscape Maintenance District (LMD) 83-1, Zones A and B, and set two public hearings for May 11 and June 15, 1993. The May 11, 1993 public hearing allowed public testimony regarding proposed new or increased assessments within the district. Assessments for 1,423 units within Zone A (residential) are proposed to remain at the FY 92/93 level of $136.40 per unit/year. Zone B (commercial) assessments are proposed to increase $44.32 per year (or $3.70 per month) to $255.34/unit/year. ;<:NVIRONMENTAL REVIEW This action is not subject to CEQA review. FISCAL IMPACT Sufficient revenues will be generated by assessments to offset the City's maintenance costs within the established district. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Pursuant to SB 1977 Section 50078.6, all public notification requirements have been met, including: posting within the Agency, display ad not less than 1/8 page to run in a newspaper of general circulation for not less than three weeks, and mailed notice to property owners affected by new or increased assessments. All property owners within the district zones were mailed newsletters on April 26, 1993. One letter was received in response and is included as Attachment 2 of this report. RECOMMENDATION It is recommended that the City Council adopt the attached resolution establishing assessments for Poway Landscape Maintenance District 83-1 to be collected on the . Property Tax Roll for fiscal year 1993-94. ACTION 1 of '" JDN 15 1993 ITEM "+ -_.~-- -_.. -,,---~._-~-----_...- ""'---. ~ AG ENDA REPORr. CITY OF POW A Y TO: Honorable Mayor and Member~e City Council FROM: James L. Bowersox, City Ma INITIATED BY: Lester J. Berglund, Acting Director of Public Services~ Daniel W. Cannon, Parks and Landscape Manager~~ Patricia S. Nelson, Department Aide ~ DATE: June 15, 1993 SUBJECT: Resolution Establishina Assessments for Powav Landscaoe Maintenance District 83-1 to be Collected on the ProDertv Tax Roll for Fiscal Year 1993-94 BACKGROUND LMD 83-1 was formed on June 14, 1983 to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of the District. On April 13, 1993, the Poway City Council approved the Engineer's Report for LMD 83-1, Zones A and B, and set two public hearings. Under the requirements of SB 1977, the May 11, 1993 public hearing allowed public testimony regarding proposed new or increased assessments within the district. Zone B (commercial) was the only zone within the district realizing a newly added parcel and proposed increase in assessments. District 83-1, by zone, includes the following developments: ZONE "A" MaD No. Deve100ment Units TTMs 3495, 4113, 4191 Rancho Arbo 1 itos 992 89-15 and 89-18 TTM 3053 Adobe Ridge I and 11 112 (AKA Poway Woods) TTM 3533 The Colonies 30 (AKA Poway Hills) TTM 3461 Casa Real, Unit 7 68 TTM 85-01 Rancho Espola 12 TTM 84-04R Country Creek 51 ACTION: I 2 of b J JUN 15 1993 ITEM 4 -- Agenda Report - LMD 83-1 Levy and Collect Assessments - June 15, 1993 Page 2 ZONE "A" (continued) MaD No. Deve10Dment Units TTM 84-07 Woodl and Hi 11 s 28 TTM 86-05 Community 16 Villas 16 (AKA Poway 16) TTM 87-04 Park Village Condos 18 TTM 87-06 Cicero-Pacific 7.5 TTM 88-05 Gateway/La Manda 23 TTM 87-11 Jonathan Park Lane 6.5 TTM 88-07 Indian Trails 11 TTM 88-13 Royster/Footman Lane 7.5 TTM 88-09 Carmel Vista 21 TTM 86-04 Midland Estates 10 TPM 89-02 Stobbs 2 TPM 89-09 Cusick 4 TTM 91-03 . Diroma Estates 2.5 TPM 91-03 Laugen 1 ------- ------- Total Units Assessed 1,423.0 Zone "B" MaD No. Deve10Dment Units TPM 86-03 Twin Peaks Plaza 91.16 TPM 89-19 Urban Economi cs 8 CUP 91-08/DR 91-25 El Rancho Grande 4 (Montessori) CUP 91-05 Pomerado Boarding Care 1. 76 ------- ------- Total Units Assessed 104.92 FINDINGS The City Council approved Engineer's Report is on file with the offices of the Poway City Clerk, 13325 Civic Center Drive, and the Department of Public Services, 14644 Lake Poway Road, Poway. California. The assessments for Zone A (residential) are proposed to remain the same as those collected during FY 92/93. Based on the required revenue ($194,180), divided by the number of units (1,423), assessments will be $136.40 per year (or $11.36 per month) per unit. .- Zone B (commercial) assessments are proposed to increase due to higher utility and contract costs for those areas maintained by the district. During FY 92/93 assessments collected were $211.04 per year per unit. Based on the 3 of to ,,'UN 1 5 1993 ITEM 4 ------.,-- Agenda Report - LMD 83-1 Levy and Collect Assessments June 15, 1993 Page 3 revenue amount of $26,800 required, divided by the number of units (104.92) the proposed assessments will increase by $44.32 per unit to $255.34 per year (or 21.28 per month) per unit. ENVIRONMENTAL REVIEW This action is not subject to CEQA review. FISCAL IMPACT Sufficient revenues will be generated by assessments to offset the City's maintenance costs within the established district. PUBLIC NOTIFICATION AND CORRESPONDENCE Pursuant to SB 1977 Section 50078.6, all public notification requirements were met, including: posting within the Agency, display ad not less than 1/8 page to run in a newspaper of general circulation for not less than three weeks, and mailed notice to property owners affected by new or increased assessments. All property owners within the district zones were mailed newsletters on April 26, 1993. One letter was received in response and is included as Attachment 2 to this report. RECOMMENDATION It is recommended that the City Council adopt the attached resolution establishing assessments for Poway Landscape Maintenance District 83-1 to be collected on the Property Tax Roll for fiscal year 1993-94. JLB:LJB:DWC:PSN Attachments: I. Resolution 2. Correspondence 4 of 0 ,IUN 15 1993 ITEM ,. .., ~ - RESOLUTION NO. 93- ..~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT 83-1 TO BE COLLECTED ON THE PROPERTY ROLL FOR FISCAL YEAR 1993-94 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the property tax rollj and WHEREAS, on April 13, 1993, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public report; and WHEREAS, on May 11, 1993 public testimony was allowed on any proposed new or increased assessments; and WHEREAS, the public has been allowed to comment on these amounts and this action has been duly advertised as required by law; and WHEREAS, this action is authorized by the laws of the State of Ca1 ifornia. NOW, THEREFORE, the City Council of the City of Poway hereby finds, resolves, and determines, and orders as follows: Section 1: The sum of assessments to be collected on the 1993-94 San Diego County Tax Roll to provide for the maintenance of landscape and hardscape improvements within Zones A and B of Landscape Maintenance District are as follows: Zone A: $194,180 Zone B: $ 26,800 PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 15th day of June, 1993. Don Higginson, Mayor ATTEST: Marjorie K. Wah1sten, City Clerk 5 of r.a ATTACHMF.NT 1 4 JllN 15 1993 ITE~~ . ~.;; !:,~~TR! B UTbJ~:p~.:-~:/;~:'f, "~ ~ ~<_,: t..-... !:i ',1 i..Il.i.. i~,. CECIL FRANK & ONA KILLEN - - - 14915 CONCHOS DR. Wn' 4- 1993 POWAY, CA. 92064 C i r"', \)~. r-: ,~_~', .' .':-,'''{ I CITy' Pll~.I'I,Ac~[~::3 OFF;C5: HIS HONOR, MAYOR DON HIGGINSON: MAY 3,1993 DEAR MAYOR HIGGINSON; REGARDING YOUR FORM LETTER TO POWAY PROPERTY OWNERS, DATED APRIL 26,1993. WHEREAS YOU INFORMED US OF A PENDING TAX ASSESSMENT FOR THE CALENDAR YEAR OF 1993-94. THIS ASSESSMENT IS PROPOSED FOR THE PURPOSE OF LANDSCAPING OF OUR AREA. PLEASE BE INFORMED THERE IS NO LANDSCAPING NOW,NOR NEEDS TO BE IN THE FUTURE ON OUR STREET AND THE PARALLELING STREETS ADJACENT TO OUR HUMBLE PROPERTY. MY NEIGHBORS AND I HAVE HERETOFORE CONSIDERED THIS ASSESSMENT TO BE A FRAUD, I AND ALL TO WHOM I HAVE DISCUSSED THIS WITH, STRONGLY OPPOSE THE CONTIN- UATION OF THIS UNFAIR TAKING OF OUR HARD EARNED MONEY. WE HERE WITH REQUEST YOU CEASE THIS UNJUSTIFIED ATTEMPTS TO CIRCUMVENT PROP. 13. AS YOU MAY REMEMBER THE DEBACLE OVER GIVING AWAY OUR PARK AREA TO TARGET STORES, TOTALLY FREE OF CHARGE.STATING THE EARTH IN THAT AREA WAS TO UNSTABLE FOR CONSTRUCTION OF A PUBLIC PARK.THE CITY COUNCIL, ALONG WITH BOB EMERY ARGUED, THE BENEFITS FROM THIS DEAL WITH TARGET WOULD BRING ALL THE LOCAL CITIZENS AND ESPECIALLY THE PROPERTY OWNERS IN OUR AREA AOVANTAGES FROM THE REVENUES THAT WOULD BE DERIVED FROM THE FUTURE TAXES COLLECTED FROM TARGET STORES ETC. THUS FAR NO ADVANTAGES HAVE BEEN REALIZED, ONLY NOISE, AND POLLUTION FROM THE CONGESTION CREATED BY THE SHOPPING CENTER. NEW HOMES WERE CONSTRUCTED IN THE ADJOINING NEIGHBORHOOD, FAR MORE EXPENSIVE THAN OURS, AND THEY DID RECEIVE SOME LANDSCAPING. WE DID NOT BARGAIN FOR ANY OTHER COST THAN PROPERTY TAXES AND PROPERTY UP- KEEP. BOTH HAVE BECOME GREATER IN EXPENSE OVER THE PAST TEN YEARS. ALONG WITH CRIME AND INCREASES OF WATER, SEWER,& RUBBISH COLLECTION. OF COURSE, THIS UNFAIR TAX THAT HAS BEEN SNEAKED IN. LIVING EXPENSE IN POWAY HAS DRASTICALLY INCREASED OVER A VARY SHORT PERIOD OF TIME. FAR MORE THAN SAN DIEGO.AND FOR WHAT REASON, FRANKLY NONE THAT I AM ABLE TO ASCERTAIN. MAYOR HIGGINSON, I AM TOLD YOU ARE A MAN WITH POTENTIAL OF POLITICAL INTEGRITY TO THIS NOR I APPEAL. PLEASE DO NOT ENFORCE THIS UNFAIR EXPENSE. S I irE L Y,- -- ~a1R~~~~ --------- .!UN 1 5 1993 ITEM , .. '" of 10 ATTACHMENT 2 MAY 11 1993 ITEM 5 .