LMD 83-1 Zone A-Continued:
TRACT PROJECT NAME
TTM 84-04R Country Creek
TTM 84-07 Woodland Hills
TTM 85-01 Rancho Espola
TTM 86-04 Midland Estates
TTM 86-05 Community 16 Villas (Poway 16)
TTM 87-04 Park Village
TTM 87-06 Cicero-Pacific
TTM 88-05 Gateway/La Manda
TTM 88-09 Carmel Vista
TPM 89-09 Cusick
TTM 99-01 Diroma Estates
TPM 99-05 Spyglass
TTM 02-03 Lamagna
TPM 03-05 · Lamagna
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. Proposed LMD 18-1 would have added properties that previously were not assessed and established different benefit zones, and increased assessments currently imposed on properties in the existing LMD 83-1. 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. Proposed LMD 18-1 had a majority protest for the increase, and consequently failed to pass the ballot and was not formed.
Fiscal Year 2023-24 assessments for Zone A are proposed to remain unchanged at the Fiscal Year 2022-23 rate of $118.48 per benefit unit per year; Zone B Fiscal Year 2023-24 assessments are proposed to remain at the Fiscal Year 2022-23 rate of $235.75 per benefit unit per year; and Zone C Fiscal Year 2023-24 assessments are proposed to remain at the Fiscal Year 2022-23 rate of $496.16 per benefit unit per year.
LMD 83-1 currently has no approved escalation factor for increasing the maximum assessment rate.
Failure of an assessment increase by ballot for LMD 83-1 in Fiscal Year 2017-18, led to a reduction in maintenance services. Landscape maintenance service levels for Zones A, Band 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. 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. 2 of 6 July 18, 2023, Item #8
RESOLUTION NO. 23-
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 DIEGO COUNTY PROPERTY TAX
ROLL FOR FISCAL YEAR 2023-24
WHEREAS, 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 provisions of City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being "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 "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 23-022 adopted by City Council of the City of Poway, County of San Diego, State of California, in connection with 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 6, 2023, at a regular meeting of Poway's City Council, amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 18, 2023, 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 laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Poway as follows:
SECTION 1: The Assessments Rates for three (3) zones are as follows:
Zone A:
Zone B:
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 2023-24 San Diego County Property Tax Roll to provide for maintenance of landscape improvements within Zones A, Band C of Landscape Maintenance District No. 83-1 are as follows:
Zone A:
Zone B:
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 $60,676.00, for Zone B as $15,702.00 and Zone C as $3,267.00.
4of6 ATTACHMENT A July 18, 2023, Item #8
Resolution No. 23-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of City Council of the City of Poway, California on the 18th day of July, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 6 July 18, 2023, Item #8