June 21, 2022, Item #14DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL June 21, 2022 Honorable Mayor and Members of the City C~~\cil Eric Heidemann, Director of Public Works o/ ... Will Wiley, Assistant Director of Public Works for Maintenance Operation-~./ (858) 668-4705 or [email protected] <::r T Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 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. 22-030 declaring the intention to levy and collect assessments within Landscape Maintenance District 86-3 (LMD 86-3) 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 86-3 for Fiscal Year 2022-23. Fiscal Year 2022-23 assessment rate for LMD 86-3 Zone A is proposed to remain unchanged at the Fiscal Year 2021-22 rate of $163.00 per benefit unit per year. Fiscal Year 2022-23 assessment rate for LMD 86-3 Zone Bis proposed to increase from the Fiscal Year 2021-22 assessment rate by 5.21 percent to $80.42 per benefit unit per year, based on the annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI). The landscape maintenance service levels for Zone A and Zone B will remain at level C and A, respectively, 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 86-3 was formed on May 20, 1986, to maintain landscape improvements required as conditions of approval for the various subdivisions or developments included within the boundaries of LMD 86-3. A map showing LMD 86-3's boundaries is included as Attachment B. Each subdivision and/or development listed below was required to annex into LMD 86-3 as a condition of property development either through the final map process or by Council Resolution. 1 of 6
June 21, 2022, Item #14LMD 86-3 Zone A includes the following residential developments: TRACT PROJECT NAME TM TTM TTM 3994 88-03 94-02 The Pond Sycamore Springs Poway Oaks LMD 86-3 Zone B includes the following non-residential (commercial) developments: TRACT PROJECT NAME TPM 90-04 Wal-Mart TTM 90-05 Creekside Plaza DR 02-18 Poway City Center DR 98-07 /VAR 98-11 Poway Hyundai TPM 01-06 Hillside Village Apartments DR 05-05 Solara Apartments Fiscal Year 2022-23 assessments for Zone A are proposed to remain unchanged at the Fiscal Year 2021-22 rate of $163.00 (:::::$13.58 per month) per benefit unit per year; Zone B Fiscal Year 2022-23 assessments are proposed to increase from $76.44 to $80.42 (from $6.37 per month to :::::$6.70 per month) per benefit unit per year. In 1998, a ballot for an assessment increase with annual cost indexing based on the annual CPI in Zone A failed. As a result, it was necessary to reduce service levels to ensure LMD 86-3 expenses did not exceed projected revenue. Consequently, Zone A service level was reduced to level C. The landscape maintenance service level for Zone A will remain at level C. 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 Zone A on a monthly basis. Zone B passed the 1998-99 ballot allowing for the option of an annual increase based on the CPI. Because projected expenditures are exceeding revenues, an increase of 5.21 percent, the annual change in the CPI, is requested at this time for Zone B. The landscape maintenance service level for Zone B 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 Zone B 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 86-3 Zone A 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 86-3 Zone A assessment remains unchanged from the Fiscal Year 2021-22 rate of $163.00 per benefit unit 2 of6
June 21, 2022, Item #14per year. Revenue for LMD 86-3 Zone A is comprised of $25,917.00 from assessments, $912.00 in estimated interest earnings and $1,474.00 in General Fund contributions. LMD 86-3 Zone B includes a voter-approved inflater which helps revenues keep pace with inflation. The assessment rate for Fiscal Year 2022-23 is increasing by 5.21 percent, or the annual change in the CPI. Fiscal Year 2022-23 LMD Zone B assessment rate will increase from the Fiscal Year 2021-22 rate of $76.44 to $80.42 per benefit unit per year. Revenue for LMD 86-3 Zone Bis comprised of $17,490.00 from assessments, $2,564.00 in estimated interest earnings and $7,369.00 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. Attachments: A. Resolution B. LMD 86-3 Map Reviewed/ Approved By: 1th . We:f:tj_ase~r_m_a_n __ _ Assistant City Manager 3 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
June 21, 2022, Item #14RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 86-3 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. 22-030 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. 86-3, 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 Rates for two (2) zones are as follows: Zone A: Zone B: $163.00 per benefit unit per year $ 80.42 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 and B of Landscape Maintenance District No. 86-3 are as follows: Zone A: Zone B: $25,917.00 $17,490.00 SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution has been calculated for Zone A as $1,474.00 and Zone Bas $7,369.00. 4of6 ATTACHMENT A
June 21, 2022, Item #14Resolution 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
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