Item 9 - Reso Est. Assessments for LMD 86-1 for Fiscal Year 2020-21August 4, 2020, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL August 4, 2020 Honorable Mayor and Members of the City Cou~ Eric Heidemann, Director of Public Works 4 vy Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 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. 20-040 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 86-1 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 District (referred to as LMD 18-2) within the boundaries of the existing LMD 86-1. The Proposed District, LMD 18-2, 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 86-1. The Proposed District was balloted for an increase in assessments with annual cost indexing based on the annual San Diego Consumer Price Index (CPI) not to exceed three (3) percent. The Proposed District had a majority protest for the increase, and consequently, failed to pass the ballot. The assessments for residential Zone A are proposed to remain unchanged from the Fiscal Year 2019-20 rates. Service level reductions to level B were implemented in Zone A during Fiscal Year 2018-19 to ensure District expenses did not exceed projected revenue. Zone A service levels will continue to be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. Within Zone A, the Green Valley Estates Homeowners Association currently has an agreement in place with the City to maintain the rights-of-way bordering the development along Lake Poway Road. Additionally, one non-residential parcel (which makes up Zone B with current service level A), also has an agreement in place with the City to maintain the landscape improvements along the corner of Espola Road and Twin Peaks Road. As such, these parcels will not be levied. 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 #9Discussion: LMD 86-1 was formed on June 12, 1986, to maintain the landscape improvements installed in conjunction with new subdivisions within the boundaries of the District. LMD 86-1, by Zone, includes the following developments: Zone A (954 residential parcels assessed) TRACT PROJECT NAME TTMs 4090R, 4091 R, 4092R, 4093R TTM 3545 TTM 4158 TTM 84-08 TTM 87-05 TTM 89-13 TTM 89-13R TTM 89-13R TTM 89-13R TTM 98-02 TTM 99-03 MDRA 98-71 MDRA 01-38 MDRA 05-59 MDRA 04-02 TTM 00-02 TTM 02-01 PM15384 (Par 1, 2, 3 and 4) MAP 15725 ROS 4063 TTM 86-01 MDRA 04-02 TTM 87-05 TTM 88-15 Bridlewood Piedmont Park Stone Canyon Ranch The Grove Serenata Old Coach Collection The Heritage, Phase I, Unit I The Heritage, Phase I, Unit Ill The Heritage, Phase I, Unit IV North Point Vision Homes Kennedy Family Trust Wells Trust Garczynski Sedehi/Fard Malone BBA Partners Custom Homes Milpitas-Fleming Associates Seaman Gregg Huntington Gate, I and 11 Sedehi/Fard Serenata Green Valley Estates (portion of Landscape Maintenance District maintained per agreement) Zone B (one parcel maintained by LDS Poway Chapel per agreement) TRACT PROJECT NAME DR 89-19 LDS Poway Chapel The Fiscal Year 2020-21 assessments for Zone A (residential), is proposed to remain at the Fiscal Year 2019-20 rate of $243.04 per benefit unit per year ($20.25 per benefit unit per month). This rate of assessment is based on the required assessment revenues divided by the number of benefit units within Landscape Maintenance District 86-1 A as outlined in the Fiscal Year 2020-21 Engineer's Report (pg. 8). Service level reductions were implemented in Zone A during Fiscal Year 2018-19 to ensure District expenses do not exceed projected revenue. Zone A service levels will continue to be subject to further 2 of 5
August 4, 2020, Item #9adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. Notably, within Zone A, the Green Valley Estates Homeowners Association currently has an agreement in place with the City to maintain the rights-of-way bordering the development along Lake Poway Road. Therefore, an assessment will not be levied for these parcels. Zone B (non-residential) is comprised of a single property, The Church of Latter-Day Saints. The landscape improvements are being maintained by the parcel owner under the terms of an agreement with the City. Therefore, an assessment will not be levied for this zone. 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. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from Landscape Maintenance District 86-1 A assessments is $231,860.16, and interest of an estimated amount of $3,140.00. General Fund contributions are in the amount of $49,512.00. 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: wmdaserman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
August 4, 2020, Item #9RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 86-1 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. 20-040 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 86-1, 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 is as follows: Zone A: $243.04 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 Zone A of Landscape Maintenance District 86-1 is as follows: Zone A: $231,860.16 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $49,512.00 4of5 ATTACHMENT A
August 4, 2020, Item #9Resolution 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