Res 03-026RESOLUTION NO. 03-026
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 83-1 FOR FISCAL YEAR 2003/2004
WHEREAS, the City Council of the City of Poway desires to levy and collect
assessments within Poway Landscape Maintenance District 83-1 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 2002/2003
assessment rate of $118.48 per benefit unit for Zone A, $235.75 per benefit unit for Zone B,
and $496.16 per benefit unit for Zone C; 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 rights-of-way.
This general benefit contribution for Zones A, B, and C have been calculated to be
$35,367.00, $9,929.98, and $1,952.84, respectively.
WHEREAS, under Article Xlll D, Section 5(b) of Proposition 218 (adopted by general
vote on November 5, 1996), the collection of Fiscal Year 2003/2004 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. 83-1 for fiscal year 2003/2004.
Pursuant to the Streets and Highways Code, a public hearing will be held on
June 24, 2003 by the City Council to consider the levying and collection of the
proposed assessments.
Resolution No. 03-026
Page 2
PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 29th day of April 2003.
ATTEST:
~'~r~,~r~ne'lSeopl-es, Cit~y C~-r~-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. 03-026, was duly adopted by the City Council at a meeting of said
City Council held on the 29th day of April 2003, and that it was so adopted by the following
vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
o nne Peoples, City ~;lerk
City of Poway
EXHIB1TA
Resolution No. 03-026
Page 3
N
LMD 83-1 PLANNING AREA
Resolution No. 03-026
Page 4
EXHIBIT B
(On file in the City of Poway, City Clerk's Office. See file LMD 83-1, Puff #705-
07, File #7.)