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Item 8 - Reso Est. Assessments for LMD 83-1 for Fiscal Year 2020-21August 4, 2020, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL August 4, 2020 Honorable Mayor and Members of the City Co~~,cil Eric Heidemann, Director of Public Works 4 ~ Will Wiley, Assistant Director of Public Works for Maintenance Operation~/ (858) 668-4 705 or wwiley@poway.org r Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 At the City Council meeting on June 16, 2020, Council adopted Resolution No. 20-039 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 83-1 and set the public hearing for July 21, 2020; however, the item was continued to August 4, 2020. In 2018, the City initiated proceedings to form a proposed Landscape Maintenance Districted (referred to as LM D 18-1) within the boundaries of the existing LM D 83-1. The Proposed District, LMD 18-1, would have added properties that previously were not assessed, established different benefit zones, and increased the assessments currently imposed on properties in existing LMD 83-1. The Proposed District was balloted for an increase in assessments with annual cost indexing based on the annual San Diego Consumer Price Index (SD-CPI) not to exceed three (3) percent. The Proposed District had a majority protest for the increase, and consequently, failed to pass the ballot. Zones A, B and C (residential and commercial) assessments are proposed to remain unchanged from the Fiscal Year 2019-20 rates. Service level reductions in Zones A, B and C were implemented during Fiscal Year 2018-19 to ensure District expenses did not exceed projected revenue. Zones A, B and C service levels are currently at level C and may be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. 1 of 5 August 4, 2020, Item #8Discussion: 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 District boundaries. Each subdivision and/or development listed below was required to annex into the District as a condition of property development either through the final map process or by Council Resolution. LM D 83-1 Zone A is comprised of the residential parcels within the following developments: TRACT PROJECT NAME TTMs 3495, 4113, 4191, 89-15 and TPM 89-18 TTM 3503 TTM 3533 TTM 3461 TTM 84-07 TTM 87-06 TTM 88-05 TTM 88-09 TPM 89-09 TPM 99-05 TTM 99-01 TTM 02-03 TPM 03-05 TTM 84-04R TTM 85-01 TTM 87-04 TTM 86-04 TTM 86-05 Rancho Arbolitos Adobe Ridge I and II The Colonies Casa Real, Unit 7 Woodland Hills Cicero-Pacific Gateway/La Manda Carmel Vista Cusick Spyglass Diroma Estates Lamagna Lamagna Country Creek Rancho Espola Park Village Midland Estates Community 16 Villas (Poway 16) LMD 83-1 Zone B is comprised of the following non-residential developments: TRACT PROJECT NAME TPM 86-03 CUP 92-05 Twin Peaks Plaza KinderCare LMD 83-1 Zone C is comprised of the residential parcels within the following development: TRACT PROJECT NAME TTM 98-06 Kentfield Estates The Fiscal Year 2020-21 assessments for Zones A, (residential), B (commercial) and C (residential) are proposed to remain at the Fiscal Year 2019-20 rates of $118.48 per benefit unit per year ($9.87 per benefit unit per month), $235.75 per benefit unit per year ($19.65 per benefit unit per month) and $496.16 per benefit unit per year ($41.35 per benefit unit per month), respectively. The rates of assessment are based on the required revenues divided by the number of benefit units within each zone as outlined in the Fiscal Year 2020-21 Engineer's Report (pgs.8-9). The City Council's approved Fiscal Year 2020-21 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. 2 of 5 August 4, 2020, Item #8Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from LMD 83-1 A for assessments is $164,805.68, and an estimated amount of interest of $4,500.00. General Fund contributions are in the amount of $52,397.00. Revenue generated from LMD 83-1 B for assessments is $23,226.00, and an estimated amount of interest of $2,000.00. General Fund contributions are in the amount of $13,559.00. Revenue generated from LMD 83-1 C for assessments is $12,900.16, and an estimated amount of interest of $1,220.00. General Fund contributions are in the amount of $2,821.00. Public Notification: A Notice of Public Hearing was published in the San Diego Union Tribune on Friday, July 24, 2020. Pursuant to SB 1977, Section 50078.6, 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 Reviewed/ Approved By: L.-----Wendy serman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager August 4, 2020, Item #8RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 83-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2020-21 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 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. 20-039 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 83-1, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; WHEREAS, on June 16, 2020, 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 August 4, 2020, 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 three (3) zones are as follows: Zone A: Zone B: Zone C: $118.48 per benefit unit $235. 75 per benefit unit $496.16 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2020-21 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A, Band C of Landscape Maintenance District 83-1 are as follows: Zone A: Zone B: Zone C: $164,805.68 $ 23,226.00 $ 12,900.16 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated for Zone A as $52,397.00, for Zone Bas $13,559.00 and Zone C as $2,821.00. 4 of 5 ATTACHMENT A August 4, 2020, Item #8Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of August 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, Interim City Clerk 5 of 5