June 21, 2022, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL June 21, 2022 Honorable Mayor and Members of the City ~o\)(cil Eric Heidemann, Director of Public Works '1./ ' ~ Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or [email protected] Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 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. 22-027 declaring the intention to levy and collect assessments within Landscape Maintenance District 83-1 (LMD 83-1) 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 83-1 for Fiscal Year 2022-23. Fiscal Year 2022-23 assessment rates for LMD 83-1 Zone A, Zone 8 and Zone C are proposed to remain unchanged at the Fiscal Year 2021-22 rates of $118.48, $235.75 and $496.16 per benefit unit year, respectively. The landscape maintenance service levels for Zones A, 8 and C will remain at level C 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 83-1 was formed on June 14, 1983, to maintain landscape improvements required as conditions of approval for the various subdivisions included within the boundaries of LMD 83-1. A map showing LMD 83-1's boundaries is included as Attachment B. Each subdivision and/or development listed below was required to annex into the LM D 83-1 as a condition of property development either through the final map process or by Council Resolution. 1 of7
June 21, 2022, Item #11LMD 83-1 Zone A includes the following residential developments: TRACT PROJECT NAME TTMs 3495, 4113, 4191, 89-15 and TPM 89-18 Rancho Arbolitos TTM 3503 Adobe Ridge I and II TTM 3533 The Colonies TTM 3461 Casa Real, Unit 7 TTM 84-07 Woodland Hills TTM 87-06 Cicero-Pacific TTM 88-05 Gateway/La Manda TTM 88-09 Carmel Vista TPM 89-09 Cusick TPM 99-05 Spyglass TTM 99-01 Diroma Estates TTM 02-03 Lamagna TPM 03-05 Lamagna TTM 84-04R Country Creek TTM 85-01 Rancho Espola TTM 87-04 Park Village TTM 86-04 Midland Estates TTM 86-05 Community 16 Villas (Poway 16) LMD 83-1 Zone B includes the following non-residential (commercial) developments: TRACT PROJECT NAME TPM CUP 86-03 92-05 LMD 83-1 Zone C includes the following residential development: Twin Peaks Plaza Kindercare TRACT PROJECT NAME TTM 98-06 Kentfield Estates In 2018, the City initiated proceedings to form a proposed landscape maintenance district (referred to as LMD 18-1) within the boundaries of the existing LMD 83-1. The proposed LMD 18-1 would have added properties that previously were not assessed and established different benefit zones, and increased the assessments currently imposed on properties in the existing LMD 83-1. The proposed LMD 18-1 was balloted for an increase in assessments with annual cost indexing based on the San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI), not to exceed 3.0 percent. The proposed LM D 18-1 had a majority protest for the increase, and consequently failed to pass the ballot and was not formed. Fiscal Year 2022-23 assessments for Zone A are proposed to remain unchanged at the Fiscal Year 2021-22 rate of $118.48 (:::::$9.87 per month) per benefit unit per year; Zone B Fiscal Year 2022-23 assessments are proposed to remain at the Fiscal Year 2021-22 rate of $235.75 (:::::$19.64 per month) per benefit unit per year; and Zone C Fiscal Year 2022-23 assessments are proposed to remain at the Fiscal Year 2021-22 rate of at $496.16 (:::::$41.34 per month) per benefit unit per year. LMD 83-1 currently has no approved escalation factor for increasing the maximum assessment rate. 2 of7
June 21, 2022, Item #11The failure of an assessment increase by ballot for LMD 83-1 in Fiscal Year 2017-18, led to a reduction in maintenance services. The landscape maintenance service levels for Zones A, B and C will remain at level C and may be subject to further adjustments to align with assessment revenue and to accommodate unexpected repair needs that arise. A service level C 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 83-1 on a monthly 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 83-1 does not include a voter-approved inflater which puts pressure on service levels as expenses increase over time due to inflation while revenues do not. Fiscal Year 2022-23 LMD 83-1 Zone A assessment rate remains unchanged from the Fiscal Year 2021-22 rate of $118.48 per benefit unit per year. Revenue for LMD 83-1 Zone A is comprised of $164,806.00 from assessments, $5,300.00 in estimated interest earnings and $56,218.00 in General Fund contributions. Fiscal Year 2022-23 LMD 83-1 Zone B assessment rate remains unchanged from the Fiscal Year 2021-22 rate of $235.75 per benefit unit per year. Revenue for LMD 83-1 Zone Bis comprised of $23,226.00 from assessments, $2,000.00 in estimated interest earnings and $14,548.00 in General Fund contributions. Fiscal Year 2022-23 LMD 83-1 Zone C assessment rate remains unchanged from the Fiscal Year 2021-22 rate of $496.16 per benefit unit per year. Revenue for LMD 83-1 Zone C is comprised of $12,900.00 from assessments, $2,700 in estimated interest earnings and $3,027.00 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. 3 of7
June 21, 2022, Item #11Attachments: A. Resolution B. LMD 83-1 Map Reviewed/ Approved By: Wendy K~erman Assistant City Manager 4of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
June 21, 2022, Item #11RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 83-1 TO BE COLLECTED ON THE SAN DI EGO 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. 22-027 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. 83-1, 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 Assessments Rates for three (3) zones are as follows: Zone A: Zone 8: Zone C: $118.48 per benefit unit per year $235. 75 per benefit unit per year $496.16 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 Zones A, B and C of Landscape Maintenance District No. 83-1 are as follows: Zone A: Zone 8: Zone C: $164,806.00 $ 23,226.00 $ 12,900.00 SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution has been calculated for Zone A as $56,218.00, for Zone 8 as $14,548.00 and Zone C as $3,027.00. 5 of7 ATTACHMENT A
June 21, 2022, Item #11Resolution No. 22-Page 6 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 6 of7
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