Item 4 - Resolution Establishing Assessments LMD 83-1
AGENDA REPQU SUMMARY
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TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~
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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
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~ 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
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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
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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
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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
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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
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RESOLUTION NO. 93-
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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
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CECIL FRANK & ONA KILLEN - - -
14915 CONCHOS DR. Wn' 4- 1993
POWAY, CA. 92064 C i r"', \)~. r-: ,~_~', .' .':-,'''{
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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.
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