June 21, 2022, Item #15DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL June 21, 2022 Honorable Mayor and Members of the City Cincil Eric Heidemann, Director of Public Works q Will Wiley, Assistant Director of Public Works for Maintenance Operations£~ (858) 668-4705 or [email protected] T Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 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. 22-031 declaring the intention to levy and collect assessments within Landscape Maintenance District 87-1 (LMD 87-1) 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 87-1 for Fiscal Year 2022-23. Fiscal Year 2022-23 assessment rate for LMD 87-1 is proposed to remain unchanged at the Fiscal Year 2021-2022 rate of $210.68 per benefit unit per year. The landscape maintenance service levels for LMD 87-1 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 87-1 was formed on January 27, 1987, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of LMD 87-1. A map showing LMD 87-1's boundaries is included as Attachment B. Each subdivision and/or development listed below was required to annex into LMD 87-1 as a condition of property development either through the final map process or by Council Resolution. LMD 87-1 includes the following residential developments: TRACT PROJECT NAME TTM 88-04R Rolling Hills Estates I and II 1 of 6
June 21, 2022, Item #15TTM TPM TTM TPM TPM 97-03 98-07 98-07 04-02 01-05 Valencia Kimball Aviano/Bothwell Rexford Dynasty Development On May 21, 2019, a ballot measure was proposed and passed, to reorganize LM D 87-1 to form a new landscape maintenance district (LMD 19-1) by detaching 327 commercial properties. The existing residential development areas within LMD 87-1 remained as LMD 87-1. Fiscal Year 2022-23 assessment rate is proposed to remain unchanged at the Fiscal Year 2021-22 rate of $210.68 (::::$17.55 per month) per benefit unit per year. LMD 87-1 currently has no approved escalation factor for increasing the maximum assessment rate. In Fiscal Year 2021-22, service levels for landscape maintenance were reduced from a level B to a level C to align expenses with assessment revenue. For Fiscal Year 2022-23, the landscape maintenance service level 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 LMD 87-1 on a monthly basis. Services may continue to be reduced to align with assessment revenue and to accommodate unexpected repair needs that arise. 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 87-1 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 87-1 assessment rate remains unchanged from the Fiscal Year 2021-22 rate of $210.68 per benefit unit per year. Revenue for LMD 87-1 is comprised of $41,083.00 from assessments, $1,324.00 in estimated interest earnings and $5,873.00 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 #15Attachments: A. Resolution B. LMD 87-1 Map Reviewed/ Approved By: Wendy erman Assistant City Manager 3 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: c,k;;: City Manager
June 21, 2022, Item #15RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 87-1 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. 22-031 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 87-1, 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 Rates for one (1) zone is as follows: Zone A: $210.68 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. 87-1 is as follows: Zone A: $41,083.00 SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution has been calculated as $5,873.00. 4of6 ATTACHMENT A
June 21, 2022, Item #15Resolution 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 #156 of6 City of San Diego Scripps Poway Pky Stowe Or City of Poway ATTACHMENT B