June 21, 2022, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway June 21, 2022 Honorable Mayor and Members of the City~\yncil Eric Heidemann, Director of Public Works o/1 CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or [email protected] Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 On June 7, 2022, the City Council adopted Resolution No. 22-026 declaring the intention to levy and collect assessments within Landscape Maintenance District 19-1 (LMD 19-1) and set the public hearing for June 21, 2022. The City Council is to consider the approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within LMD 19-1 for Fiscal Year 2022-23. Fiscal Year 2022-23 assessment rate is proposed to increase from the Fiscal Year 2021-22 assessment rate by 3.0 percent, to $898.81 per benefit unit per year, based on a voter-approved inflator cap on the annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI). The landscape maintenance service level will remain at level A and may be subject to adjustments depending on the frequency and magnitude of unplanned events. Recommended Action: It is recommended the City Council take public input, close the public hearing and adopt the Resolution. Discussion: LMD 19-1 was formed on May 21, 2019, after a ballot measure was proposed and passed, to reorganize Landscape Maintenance District 87-1 (LMD 87-1) by detaching 327 commercial properties and forming a new landscape maintenance district (LMD 19-1 ). The existing residential development areas within LMD 87-1 remained as LMD 87-1. A map showing LMD 19-1 's boundaries is included as Attachment B. LMD 19-1 includes the following non-residential (commercial) developments: 1 of 6
June 21, 2022, Item #10TRACT PROJECT NAME TTM 85-04 Pomerado Business Park I and II TTM 86-02R Tech Business Center TTM 87-13 Parkway Business Centre I and II TTM 88-04R Trident Center TTM 98-05 Parkway Business Centre Ill TTM 99-07 Legacy/Toppan DR 95-13 Watkins Terminals DR 97-47 Discovery Isle TTM 00-01 Poway Views, LLC DR 03-13 Costco/Home Depot TTM 86-02R Poway Corporate Center TPM 06-04 Slough Poway 11, LLC Fiscal Year 2022-23 assessment rate is proposed to increase from the Fiscal Year 2021-22 assessment rate by 3.0 percent, to $898.81 per benefit unit per year. LMD 19-1 includes a voter-approved inflater which helps revenues keep pace with inflation. Annual assessment rate increases are capped at 3.0 percent of the annual change in the CPI. Because projected expenditures are exceeding revenues, an increase of 3.0 percent is requested at this time. The landscape maintenance service level will remain at level A. Service level A consists of performing landscape maintenance (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within LMD 19-1 on a weekly basis. The City Council's approved Fiscal Year 2022-23 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: LMD 19-1 includes a voter-approved inflater which helps revenues keep pace with inflation. The assessment rate for Fiscal Year 2022-23 is capped at 3.0 percent or the annual change in the CPI, whichever is less. Fiscal Year 2022-23 LMD 19-1 assessment rate will increase from the Fiscal Year 2021-22 rate of $872.63 to $898.81 per benefit unit per year. Revenue for LMD 19-1 is comprised of $785,907.00 from assessments, $1,000.00 in estimated interest earnings and $201,468.00 in General Fund contributions. Estimated .revenues are sufficient to cover planned service levels. Service levels may be subject to adjustments depending on the frequency and magnitude of unplanned events. Public Notification: A Notice of Public Hearing was published in the San Diego Union Tribune on Friday, June 10, 2022. Pursuant to Government Section 53753, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. 2 of6
June 21, 2022, Item #10Attachments: A. Resolution B. LMD 19-1 Map Reviewed/ Approved By: WendYserman Assistant City Manager 3 of6 ----' Reviewed By: Alan Fenstermacher City Attorney Approved By: cflk? City Manager
June 21, 2022, Item #10RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 19-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2022-23 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, pursuant to the provisions of the City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being the "Landscape and Lighting Act of 1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 22-026 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District No.19-1, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 22565; WHEREAS, on June 7, 2022, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on June 21, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rate for one (1) zone is as follows: Zone A: $898.81 per benefit unit per year SECTION 2: The sum of assessments to be collected on the Fiscal Year 2022-23 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zone A of Landscape Maintenance District No. 19-1 is as follows: Zone A: $785,907.00 SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution has been calculated as $201,468.00. 4 of6 ATTACHMENT A
June 21, 2022, Item #10Resolution No. 22-Page 5 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of6
June 21, 2022, Item #10Metate Ln 6of6 --0 a:: (lJ tl.O ro ·.:::: ro u cJ a:: .£ C :J E E a u City of Poway City of San Diego ATTACHMENT B Poway Rd Garden Rd