Res 03-030RESOLUTION NO. 03- 030
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 2003/2004
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 2002/2003
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 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 LMD 87-1 has been calculated to be $74,175.67; and
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. 87-1 for Fiscal Year 2003/2004.
Resolution No. 03-030
Page 2
Pursuant to the Streets and Highways Code, a public hearing will be held on
June 24, 2003 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 29th day of April 2003.
ATTEST:
Mi~Mayor
Lorj A~ne ~e~)pl~s, Ci~-y~Cl~k
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. 03-030 , 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
L(~rT'~l,r~n~ Pe(~ples, City'-Cl~rk~
City bf Poway
EXHIBIT A
~ Resolution No. 03-030
· Page 3
LMD 87-1 PLANNING AREA