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Item 13 - Reso Est. Assessments for LMD 19-1 for Fiscal Year 2020-21August 4, 2020, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway CITY COUNCIL August 4, 2020 Honorable Mayor and Members of the City Cour~ Eric Heidemann, Director of Public Works ~ ~ Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 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. 20-044 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 19-1 and set the public hearing for July 21, 2020; however, the item was continued to August 4, 2020. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: On May 21, 2019, a Proposition 218 ballot was passed to reorganize LMD 87-1 Landscape Maintenance District forming a new Landscape Maintenance District (LMD 19-1) by detaching 327 commercial properties. LMD 19-1 includes the following commercial developments: TRACT PROJECT NAME TTM 85-04 Pomerado Business Park I and II TTM 86-02R Tech Business Center TTM 87-13 Parkway Business Centre I and II TTM 88-04R Trident Center TTM 98-05 Parkway Business Centre Ill TTM 99-07 Legacy/Toppan DR 95-13 Watkins Terminals DR 97-47 Discovery Isle TTM 00-01 Poway Views, LLC DR 03-13 Costco/Home Depot TTM 86-02R Poway Corporate Center 1 of 4 August 4, 2020, Item #13TPM 06-04 Slough Poway 11, LLC Total revenue (assessments, the general fund contribution and interest) is anticipated to be insufficient to offset the District's projected expenses this fiscal year, 2020-21 without increasing the assessment rate by the San Diego Consumer Price Index (CPI) of 2.35 percent. Assessments are proposed to increase from $840.00 per benefit unit to $859.74 per benefit unit. Proposition 218 balloting passed in 2019 that allowed for an annual CPI increase, if necessary. Service levels are to remain the same because of the ability to adjust assessments by the CPI. 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 LMD 19-1 assessments is $748,624.19, and interest of an estimated amount of $1,000.00. General Fund contributions are in the amount of $146,601.00. 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: Wendy serman Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager August 4, 2020, Item #13RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 19-1 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. 20-044 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 19-1, 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 Rate for one (1) zone is as follows: Zone A: $859.74 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 19-1 is as follows: Zone A: $748,624.19 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $146,601.00. 3 of 4 ATTACHMENT A August 4, 2020, Item #13Resolution 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 4 of 4