Item 1.7 - LMD 83-1 for FY 2017/2018 and Set Date for Public HearingG`t OF POlYr�1
TyP C�ry^INo 0
THECoJa���
City of Poway
COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
Resolution No.
DATE: May 16, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Michael Obermiller, P.E., Director of Public Works Z
CONTACT: Eric Heidemann, Assistant Director of Public Works fo
Maintenance Operations
eheidemann@poway.org
SUBJECT: Engineer's Report and Resolution Declaring the Intention to
Levy and Collect Assessments Within Poway Landscape
Maintenance District 83-1 for Fiscal Year 2017/2018 and Set
Date for Public Hearing
Summary:
The California Landscape and Lighting Act of 1972 (ACT), and its amendments
(Proposition 218 and SB 919) allow for the collection of assessments from parcels
annexed into Landscape Maintenance District (LIVID) 83-1 for the purpose of
maintaining the District's public landscape improvements. In order to collect
assessments, Chapter 3 of the ACT requires a Resolution (Attachment A) declaring the
intention to levy and collect assessments and an Engineer's Report (Attachment B).
Fiscal Year 2017/2018 assessment rates shall remain unchanged from the Fiscal Year
2016/2017 rates.
Recommended Action:
It is recommended that the City Council: 1) adopt the attached Resolution declaring the
intention to levy and collect assessments within Poway Landscape Maintenance District
83-1 for Fiscal Year 2017/2018; 2) approve the corresponding Engineer's Report
outlining the assessments for Fiscal Year 2017/2018; 3) direct the City Clerk to publish
the approved Resolution one week following Council approval; and 4) set the public
hearing for June 20, 2017.
Discussion:
Landscape Maintenance District 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
1 of 27 May 16, 2017, Item # 1.7
Engineer's Report: Intention to Collect Within LMD 83-1 for FY17/18, Set Public Hearing
May 16, 2017
Page 2
below was required to annex into the District as a condition of property development
either through the final map process or by Council Resolution.
Based on the improvements that provide special benefits to parcels within the District,
for Fiscal Year 2017/2018 specific developments within the District are being
established as separate designated Zones. The following provides a listing of the
developments and associated properties in each proposed District Zone for Fiscal Year
2017/2018:
District 83-1 Zone A includes the following residential developments
TRACT
•
TTMs
3495, 4113, 4191, 89-15 and TPM 89-18
Rancho Arbolitos
TTM
3503
Adobe Ridge I and II
TTM
3533
The Colonies
TTM
3461
Casa Real, Unit 7
TTM
84-07
Woodland Hills
TTM
87-06
Cicero -Pacific
TTM
88-05
Gateway/La Manda
TTM
88-09
Carmel Vista
TPM
89-09
Cusick
TPM
99-05
Spyglass
Zone B includes
the following non-residential (commercial] developments:
PROJECTTRACT
TPM
86-03
Twin Peaks Plaza
CUP
92-05
Kindercare
Zone C includes the following residential development:
TRACT PROJECT NAME
TTM 98-06 Kentfield Estates
Zone D includes the following residential development:
TRACT PROJECT NAME
TTM 99-01
Diroma Estates
2 of 27 May 16, 2017, Item # 1.7
Engineer's Report; Intention to Collect Within LMD 83-1 for FY17/18; Set Public Hearing
May 16, 2017
Page 3
Zone E includes the following residential development:
TRACT PROJECT NAME
TTM 02-03 Lamagno
TPM 03-05 Lamagno
Zone F includes the following residential development:
TRACT PROJECT NAME
TTM 84-04R Country Creek
Zone G includes the following residential development:
TRACT PROJECT NAME
TTM 85-01 Rancho Espola
Zone H includes the following residential development:
TRACT PROJECT NAME
TTM 87-04 Park Village
Zone I includes the following residential development:
TRACT PROJECT NAME
TTM 86-04 Midland
Zone J includes the following residential development:
TRACT PROJECT NAME
TTM 86-05 Community 16 Villas (Poway 16)
Section 22624 of the Streets and Highways Code requires the City Council to approve
an engineering report and adopt a Resolution of intention prior to establishing a budget
each year. The Engineer's Report (Attachment B) outlines the proposed Fiscal Year
2017/2018 budget and resulting assessments.
The District currently has no approved escalation factor for increasing the maximum
assessment rates. Currently, LMD's 83-1A, D, E, F, G, H. I and J do not have sufficient
3 of 27 May 16, 2017, Item # 1.7
Engineer's Report; Intention to Collect Within LIVID 83-1 for FY17/18; Set Public Hearing
May 16, 2017
Page 4
funding to continue at maintenance service level A. Therefore, landscape maintenance
services are being reduced to service level B.
Zones A, D, E, F, G, H, I and J Fiscal Year 2017/2018 assessments are proposed to
remain at the Fiscal Year 2016/2017 rate of $118.48 per year (or $9.87 per month) per
benefit unit; Zone B Fiscal Year 2017/2018 assessments are proposed to remain at the
Fiscal Year 2016/2017 rate of $235.75 per year (or $19.65 per month) per benefit unit;
and Zone C Fiscal Year 2017/2018 assessments are proposed to remain at the Fiscal
Year 2016/2017 rate of at $496.16 per year (or $41.35 per month) per beneft unit.
Zone C, Kentfield Estates, contains unique facilities that include a sound wall with
ornate pilasters surrounding the development, a bridged entry, and enhanced
landscaping. Zone C assessments have been calculated based upon replacement
values as well as maintenance and operations costs.
No new parcels were added to the District during Fiscal Year 2016/2017. Under
Assessment Law (Article XIII D, Section 20)), those properties not receiving special
benefit are not included on the LIVID 83-1 assessment roll. For Fiscal year 2017/2018,
the City and Assessment Engineer have determined that speck parcels do not receive
special benefit from the improvements to be maintained with the District. Therefore, the
City is proposing to detach three parcels from the District in Fiscal Year 2017/2018.
Proposition 218, passed by the California voters on November 5, 1996, expands the
requirements for public notification and imposes the requirement of District balloting.
Beginning July 1, 1997, all existing, new or increased assessments shall comply with
Article XIII D as added to the California Constitution. All parcels currently assessed
were annexed into the District by owner consent at the time of development, making
them exempt from the procedures and approval process set forth in Section 4 of this
Article. However, this does not preclude any assessments that would be increased in
future years. A subsequent increase in such assessments shall be subject to the
procedures and approval process set forth in Section 4 of Article Xlll D.
As required under Assessment Law (Landscape and Lighting Act of 1972 and its
amendments), an Engineer's Report and assessment recommendations must be
presented for City Council consideration and public comment on an annual basis. This
Report (Attachment B) has been found technically correct as presented.
Environmental Review:
This action is not subject to California Environmental Quality Act review.
4 of 27 May 16, 2017, Item # 1.7
Engineer's Report; Intention to Collect Within LIVID 83-1 for FY17/18; Set Public Hearing
May 16, 2017
Page 5
Fiscal Impact:
Revenues collected at $118.48 per benefit unit for Zone A, D, E, F, G H. I and J,
$235.75 per benefit unit for Zone B, and $496.16 per benefit unit for Zone C for an
estimated total of $201,407 will be used for the District's maintenance costs during
Fiscal Year 2017/2018. Assessment rates shall remain at the Fiscal Year 2016/2017
rates. A General Fund contribution of $63,071.98 for Zones A, B, C, D, E, F, G, H, I and
J will be made based upon average square footage maintenance costs for landscaped
medians and right-of-ways that provide general benefit to the City.
Public Notification:
None.
Attachments:
A. Resolution Declaring the Intention to Levy and Collect Assessments Within
Poway Landscape Maintenance District 83-1 for Fiscal Year 2017/2018
B. 2017/2018 Engineer's Annual Levy Report
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
Morgan Foley
City Attorney
Approved By: lI/Al/'G
^ /✓
Tina M. White
City Manager
5 of 27 May 16, 2017, Item # 1.7
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN POWAY LANDSCAPE MAINTENANCE
DISTRICT 83-1 AND TO DETACH CERTAIN TERRITORY FROM THE DISTRICT FOR
FISCAL YEAR 2017/2018 PURSUANT TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972
WHEREAS, the City Council of the City of Poway desires to levy and collect
assessments within Poway Landscape Maintenance District 83-1 for the purpose of
maintaining, servicing, and operating public landscape facilities located within the territory
comprised of said district as shown in Exhibit A of the Engineer's Report that is on file in
the City Clerk's Office, pursuant to the Landscape and Lighting Act of 1972, and attached
hereto; and
WHEREAS, Section 22609 of the Landscaping and Lighting Act of 1972 authorizes
the detachment of territory within Poway Landscape Maintenance District 83-1; and
WHEREAS, assessments will not increase from the Fiscal Year 2016/2017
assessment rate of $118.48 per benefit unit for Zones A, D, E, F, G, H, I and J; $235.75
per benefit unit for Zone B; and $496.16 per benefit unit for Zone C; and
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City
general benefit contribution has been calculated as the average General Fund
expenditure on a per square foot basis for the maintenance of landscaped medians and
right-of-ways. This general benefit contribution for Zones A, B, C, D, E, F, G, H, I and J
have been calculated to be $63,071.98; and
WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by
general vote on November 5, 1996), the collection of Fiscal Year 2017/2018 assessments
is exempt from the procedures and approval process set forth in Section 4 of Article XIII
D, in that the assessment was imposed pursuant to a petition signed by the persons
owning all of the parcels subject to the assessment at the time the assessment was
initially imposed; and
WHEREAS, the public interest and convenience require the maintenance, service,
and operation of public landscaping and sound walls within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The foregoing recitals are true and correct and the City Council so
finds and determines.
6 of 27 ATTACHMENT A May 16, 2017, Item # 1.7
Resolution No. 17 -
Page 2
Section 2: Proposed assessments are as detailed in the Engineer's Report for
Poway Landscape Maintenance District No. 83-1 for Fiscal Year 2017/2018.
Section 3: The proposed territory to be detached is detailed in the Engineer's
Report for Poway Landscape Maintenance District No. 83-1 for Fiscal Year 2017/2018.
Section 4: The detachment of this territory will have no fiscal impact on the
assessments for the remaining zones and parcel within Poway Landscape Maintenance
District No. 83-1 for Fiscal Year 2017/2018.
Section 5: Pursuant to the Streets and Highways Code, a public hearing will be
held on June 20, 2017, by the City Council to consider the levying and collection of the
proposed assessments.
Section 6: The City Clerk shall cause this Resolution to be published in the
Poway News Chieftain, a newspaper of general circulation in the City of Poway.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 16th day of May, 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
7 of 27 May 16, 2017, Item # 1.7
Resolution No. 17 -
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, CMC, City Clerk, of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 17- was duly adopted by the City Council at
a meeting of said City Council held on the 16th day of May, 2017, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
8 of 27 May 16, 2017, Item # 1.7
City of Poway
Landscape Maintenance
Assessment District 83-1
2017/2018 ENGINEER'S ANNUAL LEVY REPORT
INTENT MEETING: MAY 16, 2017
PUBLIC HEARING: JUNE 20, 2017
WILLDAN
Financial Services
Attachment B May 16, 2017, Item # 1.7
AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT
Landscape Maintenance District 83-1
City of Poway
San Diego County, State of California
This Report describes the District and services therein including the improvements,
budgets, parcels and assessments to be levied for Fiscal Year 201712018, as they existed
at the time of the passage of the Resolution of Intention. Reference is hereby made to the
San Diego County Assessor's maps for a detailed description of the lines and dimensions
of parcels within the District. The undersigned respectfully submits the enclosed Report
as directed by the City Council.
Dated this day of
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Poway
1;,2 4:jLr, 017.
{
By:
B trice Medina
Project Manager, District Administration Services
By:
Richard Kopecky
R. C. E. # 16742
10 of 27
S ¢ C 16742
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May 16, 2017, Item # 1.7
TABLE OF CONTENTS
/. OVERVIEW.................................................................................................................1
A. INTRODUCTION........................................................................................................1
B. COMPLIANCE WITH CURRENT LEGISLATION..................................................1
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT...........................................2
//. DESCRIPTION OF THE DISTRICT.........................................................................3
B. DISTRICT ZONES......................................................................................................3
C. DESCRIPTION OF THE DISTRICT IMPROVEMENTS.........................................6
D. PROPERTIES BENEFITING FROM IMPROVEMENTS........................................6
///. METHOD OF APPORTIONMENT............................................................................7
A. GENERAL...................................................................................................................7
B. BENEFIT ANALYSIS.................................................................................................7
C. ASSESSMENT METHODOLOGY............................................................................9
D. MAXIMUM ASSESSMENT RATE..........................................................................11
/V DISTRICT BUDGETS..............................................................................................12
A. DESCRIPTION OF BUDGET ITEMS.....................................................................12
B. FY 2017/2018 BUDGET (Zones A through E) ..................................................13
C. FY 2017/2018 BUDGET (Zones F through J) ...................................................14
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM................................................15
APPENDIX B - 2017/2018 ASSESSMENT ROLL.......................................................16
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/, OVERVIEW
A. INTRODUCTION
The City of Poway ("City") annually levies and collects special assessments in order to
maintain the improvements within the Landscape Maintenance District 83-1 ("District"),
formed June 14, 1983 pursuant to the City of Poway Resolution No. 00-034 (Policies for
Landscape Maintenance Districts) and the Landscape and Lighting Act of 1972, Part 2 of
Division 15 of the California Streets and Highways Code ("1972 Act"), in compliance with
California Constitution Article XIIID ("Article XIIID"). The 1972 Act and Article XIIID are
collectively referred to herein as "Assessment Law".
This Engineer's Annual Levy Report ("Report") has been prepared pursuant to Chapter 1,
Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their
consideration and approval of the improvements and services to be provided within District.
This Report describes the District, any proposed changes to the District including substantial
changes to the District improvements, the parcels to be assessed, and the proposed
assessments related thereto to fund the costs and expenses required to service and maintain
designated improvements within the District that provide special benefits to those parcels for
Fiscal Year 2017/2018. Annually, the City establishes the District's assessments based on
the special benefit received by the properties in the District and the associated net special
benefit expenses resulting from an estimate of the costs to maintain, operate and service the
improvements in conjunction with available revenues including fund balances, general
benefit contributions, additional City contributions, and current assessment limits. Each
parcel is assessed proportionately for only those improvements provided and for which the
parcel receives benefit based on an established method of apportionment.
The word "parcel," for the purposes of this Report, refers to an individual property assigned
its own Assessor's Parcel Number by the County of San Diego ("County") Assessor's Office.
The County Auditor/Controller uses Assessor's Parcel Numbers and specific Fund Numbers,
to identify on the tax roll, properties assessed for special district benefit assessments.
Following consideration of public comments and written protests at a noticed public hearing,
and review of the Report, the City Council may order amendments to the Report or confirm
the Report as submitted. Following final approval of the Report, and confirmation of the
assessments, the Council may order the levy and collection of assessments for Fiscal Year
2017/2018 pursuant to the 1972 Act. In such case, the assessment information will be
submitted to the County Auditor/Controller, and included on the property tax roll for each
benefiting parcel for Fiscal Year 2017/2018.
B. COMPLIANCE WITH CURRENT LEGISLATION
Pursuant to the 1972 Act, the City Council annually conducts a public hearing to accept public
comments and testimony, and to approve the annual assessments to be levied on the County
tax roll for the fiscal year. All assessments contained in this Report and to be approved by
the City Council have been prepared in accordance with the 1972 Act and are in compliance
with the provisions of Article XIIID of the Constitution of the State of California ("Proposition
218").
The City has reviewed the provisions of Article XIIID of Proposition 218 and has made the
following findings and determinations:
2017/2018 City of Poway Landscape Maintenance District 83-1 Page 1 of 16
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Pursuant to Article XIIID, Section 5, certain existing assessments are exempt from the
procedures and approval process set forth in Article XIIID, Section 4, and property owner
balloting for the assessments is not required until such time that the assessments are
increased. Since the District assessments were imposed pursuant to a petition signed by the
persons owning all of the parcels subject to the assessments at the time the assessments
were initially imposed, Article XIIID Section 5 (b) exempts the existing assessment amounts
(approved original assessment rates including any applicable annual escalation factor) from
the procedural requirements of Article XIIID, Section 4.
The provisions of Article XIIID do not alter the non -conflicting provisions of the 1972 Act. As
such, the method of apportionment described in this Report utilizes commonly accepted
assessment engineering practices consistent with the 1972 Act and the provisions of Article
XIIID. The proposed assessments for the current fiscal year are less than or equal to the
adjusted maximum assessment rate previously approved and adopted for the District. The
application of this adjusted maximum assessment rate for the various land uses within the
District is described in more detail in Section III D of this Report. Any proposed assessment
that exceeds the adjusted maximum assessment rate is considered an increased
assessment. Pursuant to the provisions of Article XIIID, all new or increased assessments
(the incremental increase) are subject to both the substantive and procedural requirements
of Article XIIID, Section 4.
C•�I►yiIU:ZGILTl =1►yiI =1k' k &V_ 111I:I:s]NPA 4 •l:Ydk I:14B&G r AVA61I
As applicable or may be applicable to this proposed District, the 1972 Act defines
improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental
structures and facilities.
• The installation or construction of public lighting facilities.
• The installation or construction of any facilities which are appurtenant to any of the
foregoing or which are necessary or convenient for the maintenance or servicing
thereof, including, but not limited to, grading, clearing, removal of debris, the
installation or construction of curbs, gutters, walls, sidewalks, or paving, or water,
irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing.
• The acquisition of any existing improvement otherwise authorized pursuant to this
section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications, estimates,
diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of
notices;
• Compensation payable to the County for collection of assessments;
• Compensation of any engineer or attorney employed to render services;
• Any other expenses incidental to the construction, installation, or maintenance and
servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section
22662.5; and,
2017/2018 City of Poway Landscape Maintenance District 83-1 Page 2 of 16
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• Costs associated with any elections held for the approval of a new or increased
assessment.
The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any
improvement, including:
• Repair, removal, or replacement of all or any part of any improvement.
• Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste.
• The cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
/Z DESCRIPTION OF THE DISTRICT
The District Boundary Map and Assessment Diagram, which are incorporated herein by
reference and made a part of this Engineer's Report, are on file with the Special Districts
Office of the Public Works Department of the City of Poway and are available for public
inspection during normal business hours.
B. DISTRICT ZONES
Pursuant to the provisions of the 1972 Act, Zones have been established within the District
on the basis of the location, extent and types of improvements or similarities in the types of
improvements being maintained through the District assessments as well as the particular
and distinct benefits the various developments and properties derive from those
improvements based on proximity to those specific improvements and the nexus between the
development of the properties that required or facilitated the installation of those
improvements.
On February 25, 1992, by Council Resolution No. 92-039, Landscape Maintenance District
83-1 was divided into two zones: 83-1 Zone A for residential and 83-1 Zone B for commercial.
83-1 Zone C was created in Fiscal Year 2000/2001 with the annexation of the Kentfield
Estates subdivision that contained separate and distinct improvements to be maintained by
the District for the benefit of the Zone C parcels.
Based on the improvements that provide special benefits to parcels within the District, for
Fiscal Year 2017/2018 specific developments within the District are being established as
separate designated Zones. The following provides a listing of the developments and
associated properties in each proposed District Zone for Fiscal Year 2017/2018:
2017/2018 City of Poway Landscape Maintenance District 83-1 Page 3 of 16
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District 83-1 Zone A is comprised of the residential parcels within the following
developments:
TTMs 3495, 4113, 4191, 89-15 and TPM 89-18 Rancho Arbolitos '
TTM 3503
Adobe Ridge I and II
TTM 3533
The Colonies
TTM 3461
Casa Real, Unit 7
TTM 84-07
Woodland Hills
TTM 87-06
Cicero -Pacific
TTM 88-05
Gateway/La Manda
TTM 88-09
Carmel Vista
TPM 89-09
Cusick
TPM 99-05
Spyglass
District 83-1 Zone B is comprised of the following non-residential developments:
TPM 86-03
CUP 92-05
Twin Peaks Plaza
KinderCare
District 83-1 Zone C is comprised of the residential parcels within the following
development
TTM 98-06
Kentfield Estates
District 83-1 Zone D is comprised of the residential parcels within the following
development:
TTM 99-01
Diroma Estates
District 83-1 Zone E is comprised of the residential parcels within the following
development:
TTM 02-03 Lamagno
TPM 03-05 Lamagno
2017/2018 City of Poway Landscape Maintenance District 83-1 Page 4 of 16
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District 83-1 Zone F is comprised of the residential parcels within the following
development
TTM 84-04R
Country Creek
District 83-1 Zone G is comprised of the residential parcels within the following
development
TTM 85-01
Rancho Espola
District 83-1 Zone H is comprised of the residential parcels within the following
development
TTM 87-04
Park Village
District 83-1 Zone I is comprised of the residential parcels within the following
development
TTM 86-04
Midland Estates
District 83-1 Zone J is comprised of the residential parcels within the following
development
TTM 86-05 Community 16 Villas (Poway 16)
2017/2018 City of Poway Landscape Maintenance District 83-1 Page 5 of 16
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C. DESCRIPTION OF THE DISTRICT IMPROVEMENTS
The improvements to be maintained by the District are defined as landscape improvements
within the right-of-ways and open space areas associated with the development of the
subdivisions and parcels within the District and are considered to be improvements that were
either installed in direct connection with the development of those properties or were installed
for the benefit of those properties as a result of property development or potential development
of those properties and were considered necessary for the development of those properties
to their full and best use. These improvement areas within the District may include, but are
not limited to landscaping adjacent to portions of Pomerado Road, Camino del Norte, Ted
Williams Parkway, Twin Peaks Road, Tierra Bonita Road, Midland Road, Espola Road,
Community Road, and Carriage Road.
Walls and fences adjacent to private property are to be maintained by the adjacent property
owners. The District/City, prior to commencement of work, shall approve repairs or
reconstruction of any walls or fences adjacent to the District landscape areas. Should the
property owners desire to include major repairs or reconstruction within the District's
responsibilities (other than those already included within Zone C of the District), the property
owners are required to submit a petition to initiate the balloting process set forth in Article
XIIID, Section 4.
Landscape maintenance performance standards and specifications have been developed by
the City to assure quality maintenance of landscape assessment district properties. A recent
evaluation of the level of quality has been conducted, and the current maintenance levels
meet the City's landscape maintenance standards.
D. PROPERTIES BENEFITING FROM IMPROVEMENTS
The properties determined to receive benefit are those lots or parcels that, as a result of
development or redevelopment, finance, construct, install, and/or establish landscape
improvements within public right-of-ways or public easements (permanent public
improvement) or adjoining lots or parcels that, as a result of development or redevelopment,
receive access or are immediately adjacent to lots or parcels which contain landscape
improvements maintained by a landscape maintenance district.
Special benefit, as defined in the "Landscape and Lighting Act of 1972", applicable provisions
of "Proposition 218", and provisions of the "Proposition 218 Omnibus Implementation Act"
("Assessment Law") and in this Report, shall be assessed to those properties determined to
receive special benefit from the District's improvements.
A listing of the parcels receiving special benefit from the District improvements and which are
proposed to be assessed for Fiscal Year 2017/2018 is outlined in Appendix B of this Report.
For Fiscal Year 2017/2018 the City and Assessment Engineer have determined that specific
parcels do not receive special benefit from the improvements to be maintained within the
District. Therefore, pursuant to Chapter 2 Article 2 Section 22609 of the Act, the City is
proposing to detach the following parcels from the District commencing in Fiscal Year
2017/2018:
Book 314, Page 242, Parcel 19
Book 314, Page 651, Parcel 24; and
Book 321, Page 180, Parcel 67.
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//Z METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose
of providing certain public improvements that include the construction, maintenance and
servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further
requires that the cost of these improvements be levied according to benefit rather than
assessed value:
The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among
all assessable lots or parcels in proportion to the estimated benefits to be received by
each such lot or parcel from the improvements.
The formula used for calculating assessments in this District therefore reflects the
composition of the parcels, and the improvements and services provided, to fairly apportion
the costs based on benefit to each parcel.
In addition, Article XIIID requires that a parcel's assessment may not exceed the reasonable
cost of the proportional special benefit conferred on that parcel. Article XIIID provides that
only special benefits are assessable and the City must separate the general benefits from
the special benefits. A special benefit is a particular and distinct benefit over and above
general benefits conferred on the public at large, including real property within the district.
The general enhancement of property value does not constitute a special benefit.
-34►14aIII r_1►/_1W&i&*I
Each of the improvements, the associated costs and assessments within the District has
been reviewed, identified and allocated based on the special benefit parcels receive from
such improvements pursuant to the provisions of Article XIIID and the 1972 Act. All
improvements associated with this District have been identified as necessary, required
and/or desired for the orderly development of the properties within the District to their full
potential, consistent with the proposed development plans. As such, these improvements
would be necessary and required of individual property owners for the development of such
properties, and the ongoing operation, servicing and maintenance of these improvements
would be the financial obligation of those properties. Therefore, the improvements and the
annual costs of maintenance and operation of the improvements are of special benefit to the
properties.
All the lots or parcels are established at the same time once the conditions regarding the
improvements and the continued maintenance are met. As a result, each lot or parcel within
the District receives a special and distinct benefit from the improvements and to the same
degree.
Over time, the improvements continue to confer a particular and distinct special benefit upon
the lots or parcels within the District because of the nature of the improvements. The proper
maintenance of the improvements and appurtenant facilities reduces property related crimes,
especially vandalism, against properties in the District. All the above-mentioned factors also
contribute to a specific benefit to each of the parcels within the District.
The method of apportionment (method of assessment) is based on the premise that each
assessed parcel within the District receives benefit from the improvements. However, each
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individual improvement element has its own distinct benefits both specific and general. The
special benefits associated with the improvements within the District are as follows:
Special Benefit
The special benefits associated with the landscaping improvements in the District are
specifically:
• Enhanced desirability of properties through association with the improvements;
• Improved aesthetic appeal of properties providing a positive representation of the
area;
• Enhanced adaptation of the urban environment within the natural environment
from adequate green space, open space areas and landscaping;
• Environmental enhancement through improved erosion resistance, dust and
debris control, and fire prevention;
• Increased sense of pride in ownership of property within the District resulting from
well-maintained improvements associated with the properties;
• Reduced criminal activity and property -related crimes (especially vandalism)
against properties in the District through well-maintained surroundings and
amenities including abatement of graffiti; and,
• Enhanced environmental quality of the parcels by moderating temperatures,
providing oxygenation and attenuating noise.
General Benefit
Assessment Law mandates that the City assess for special benefit only, and the City
shall separate general benefit from special benefit. General benefit is defined as
services provided to the public -at -large. Special benefit is defined as services provided
at a level greater than the services provided to the public -at -large.
The City's general benefit to the public -at -large is determined as the average
expenditure from the General Fund for the maintenance of landscaped medians and
right-of-ways, calculated on a per square foot basis. The City shall make a general
benefit contribution to a district based on the City's average rate of expenditure from the
General Fund for the various types of improvements applied to the square footage of
similar types of improvements within the District.
No new improvements are proposed to be added for Fiscal Year 2017/2018:
Landscaped Right -of -Ways 355,979 Sq. Ft.
Landscaped Right -of -Ways with Soundwall 28,250 Sq. Ft.
Landscaped Median 51,586 Sq. Ft.
The City shall annually conduct an audit to determine the average expenditure from the
General Fund for the maintenance of landscape improvements within the public right-
of-ways or public easements, calculated on a per square foot basis. The general benefit
for Fiscal Year 2017/2018 is determined to be:
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$0.2748 per square foot for landscape medians,
$0.1142 per square foot for landscape right-of-ways, and
$0.2918 per square foot for landscape right-of-ways with soundwall
As part of the audit, the City shall determine the average expenditure from the General
Fund for the maintenance of District landscape improvements. Based on an increase
of 1.94 percent in the San Diego Consumer Price Index (the average of All Urban
Consumers and Urban Wage Earners and Clerical Workers), comparable services
provided by the City of Poway staff for general landscape services, the general benefit
for Fiscal Year 2017/2018 will increase from Fiscal Year 2016/2017, based on the
contribution rate per square foot, at a maximum for this District:
355,979 sq. ft. landscaped R/W X $0.1142 = $40,652.80
28,250 sq. ft. landscape R/W with soundwall X $0.2918 = $8,243.35
51,586 sq. ft. landscaped medians X $0.2748 = $14,175.83
All other maintenance, operation, administrative, and incidental costs which exceed the
City's general benefit contribution to the public -at -large are of special benefit and
assessed to the District.
The City shall have an option as to how it will make the general benefit contributions to
the District. The City shall make its general benefit contribution by either:
• providing irrigation water to the District for irrigation of LIVID improvements in
an amount equal to the City's general benefit contribution, or
• paying directly to the District from the General Fund a dollar amount equal to
the City's general benefit contribution.
C. ASSESSMENT METHODOLOGY
The total cost of special benefit for maintenance of the public improvements funded by the
District will be assessed to the various parcels in the District in proportion to the benefit units
assigned to each parcel, in relationship to the total benefit units assigned to all parcels being
assessed.
Residential Land Uses
All residential subdivisions shall be assessed proportional to special benefit received based
on one (1) benefit unit per residential dwelling unit.
Non-residential Land Uses
All non-residential parcels shall be assessed proportional to special benefit received based
on the average planned dwelling unit density throughout the urban areas of the City (four
dwelling units per acre), the equivalent of four (4) benefit units per acre.
Non-residential land uses typically provide services and/or employment opportunities for the
City that benefit all lands throughout the City. Since these non-residential land uses can
occur throughout the City, the planned, average density of residential dwelling units per acre
for the urban areas of the City has been calculated. The non-residential land uses are
considered to dislocate residential units. Therefore, the number of residential dwelling units
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dislocated, based on the average dwelling units per acre, has been assigned to non-
residential lands. This method determines an equivalent benefit to residential land uses.
Exhibit B details the calculation of the average residential units per acre planned within the
urban areas of the City. Urban areas have been defined as the parcels receiving water and
sewer services.
In -Lieu Assessments
Under provisions of City policy, parcels may contribute in -lieu assessments by providing
equivalent maintenance services for District improvements within public right-of-ways or
public easements immediately adjacent to their lands.
No parcels within the District are scheduled to contribute in -lieu assessments in Fiscal Year
2017/2018.
Non -benefiting Parcels
All public and private streets, avenues, lanes, roads, drives, courts, alleys, all public
easements and right-of-ways, all dedicated open space parcels, and District maintained
parcels are determined to not receive special benefit from the District's improvements and
are therefore not assessed.
Benefit Units (BUs)
As described above, the number of assessable benefit units attributable to each parcel
receiving special benefit has been calculated and can be found in the Assessment Roll
(Appendix B).
The assessment methodology utilized is as described above. Based on this methodology,
the benefit units, and the Fiscal Year 2017/2018 proposed assessment for each parcel were
calculated and are shown in the Assessment Roll (Appendix B).
• The calculated Fiscal Year 2017/2018 assessment for Zone A is proposed to remain
at the Fiscal Year 2016/2017 assessment rate of $118.48 per benefit unit.
• The calculated Fiscal Year 2017/2018 assessment for Zone B is proposed to remain
at the Fiscal Year 2016/2017 assessment rate of $235.75 per benefit unit.
• The calculated Fiscal Year 2017/2018 assessment for Zone C is proposed to be
$496.16 per benefit unit based on the needs of the unique landscaping and hardscape
maintenance requirements of Zone C, and remains at the Fiscal Year 2016/2017
assessment rate.
• The calculated Fiscal Year 2017/2018 assessment for Zone D is proposed to remain
at the Fiscal Year 2016/2017 assessment rate of $118.48 per benefit unit.
• The calculated Fiscal Year 2017/2018 assessment for Zone E is proposed to remain
at the Fiscal Year 2016/2017 assessment rate of $118.48 per benefit unit.
• The calculated Fiscal Year 2017/2018 assessment for Zone F is proposed to remain
at the Fiscal Year 2016/2017 assessment rate of $118.48 per benefit unit.
• The calculated Fiscal Year 2017/2018 assessment for Zone G is proposed to remain
at the Fiscal Year 2016/2017 assessment rate of $118.48 per benefit unit.
• The calculated Fiscal Year 2017/2018 assessment for Zone H is proposed to remain
at the Fiscal Year 2016/2017 assessment rate of $118.48 per benefit unit.
• The calculated Fiscal Year 2017/2018 assessment for Zone I is proposed to remain at
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the Fiscal Year 2016/2017 assessment rate of $118.48 per benefit unit.
• The calculated Fiscal Year 2017/2018 assessment for Zone J is proposed to remain
at the Fiscal Year 2016/2017 assessment rate of $118.48 per benefit unit.
D. MAXIMUM ASSESSMENT RATE
The approved maximum assessment rates for the District zones are $118.48 per benefit unit
for Zones A, D, E, F, G, H, I, and J; $235.75 per benefit unit for Zone B; and $496.16 per
benefit unit for Zone C. The District currently has no approved escalation factor for increasing
the maximum assessment rates for the District Assessments. The maximum assessment
rate establishes an approved upper limit on the annual assessment; however, the
assessment rate levied by the District may be less than the maximum amount in any given
year if not required to meet the budgetary needs for that year. If the long term budgetary
needs of the District would require an increase in the rate greater than the maximum
assessment rate in order to meet those needs, then any proposed increase in the maximum
assessment rate would require property owner balloting procedures as dictated by Article
XIIID.
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/1/. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The 1972 Act provides that the estimated costs of the improvements shall include the total
cost of the maintenance and servicing of the improvements for the entire Fiscal Year
2017/2018, commencing July 1, 2017 and ending June 30, 2018, including incidentals, which
may include reserves to operate the District.
The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included
in the estimated cost of improvements. The net amount to be assessed on the lots or parcels
within the District is the total cost of maintenance and servicing with adjustments either
positive or negative for reserves, surpluses, deficits, and/or contributions.
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A. FY 2017/2018 BUDGET (Zones A through E)
EXPENDITURES:
Maintenance
Water/power
Administration(')
Total Expenditures
REVENUES
City General Benefit Contribution
Assessment Revenue
Interest Revenue
Reserve Fund Activity
Grant Revenue
Capital Project Closeout
Miscellaneous
Total Revenues
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$95,085
$15,160
$3,315
$1,053
$903
69,533
4,080
3,220
770
660
32,491
5,760
1,140
360
308
$197,109
$25,000
$7,675
$2,183
$1,871
$43,474
$12,435
$2,590
$481
$413
149,759
23,226
12,900
1,659
1,422
2,217
480
1,220
25
21
1,670
(11,141)
(9,035)
19
16
Beginning Reserve Balance
$123,301
$16,999
$197,120
$25,000
$7,675
$2,184
$1,872
Total Number of Parcels
1,264
15
26
14
12
Total Parcels Levied
1,264
15
26
14
12
Total EBU's
1,264.00
98.52
26.00
14.00
12.00
Total EBU's Levied
1,264.00
98.52
26.00
14.00
12.00
Rate per EBU (Equivalent Benefit Units)
$118.48
$235.75
$496.16
$118.48
$118.48
Maximum Rate per EBU
$118.48
$235.75
$496.16
$118.48
$118.48
OPERATING RESERVE
Beginning Reserve Balance
$123,301
$16,999
$5,178
$1,366
$1,171
Transfers In/Out (CIP)
(23,073)
(15,639)
(10,375)
(256)
(219)
Reserve Fund Activity
(1,670)
11,141
9,035
(19)
(16)
Estimated Ending Reserve Balance
$98,558
$12,501
$3,838
$1,091
$936
CAPITAL IMPROVEMENT RESERVE
CIP Fund Balance
$89,848
$34,863
$116,453
$995
$853
CIP Transfers In/Out (Operating Reserve)
23,073
15,639
10,375
256
219
CIP Projects
-
(8,580)
(7,500)
-
-
Estimated Ending CIP Reserve Balance
$112,921
$41,922
$119,328
$1,251
$1,072
(') Includes cost allocation City staff support services
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A. FY 2017/2018 BUDGET (Zones F through J)
EXPENDITURES:
Maintenance
$3,836
$903
$1,354
$752
$1,204
Water/power
2,806
660
990
550
880
Administration
1,311
308
463
257
411
Total Expenditures
$7,953
$1,871
$2,807
$1,559
$2,495
REVENUES
City General Benefit Contribution
$1,754
$413
$619
$344
$550
Assessment Revenue
6,042
1,422
2,133
1,185
1,896
Interest Revenue
89
21
32
18
28
Reserve Fund Activity
67
16
24
13
21
Grant Revenue
Capital Project Closeout
Miscellaneous
Total Revenues
$7,952
$1,872
$2,808
$1,560
$2,495
Total Number of Parcels
51
12
18
10
16
Total Parcels Levied
51
12
18
10
16
Total EBU's
51.00
12.00
18.00
10.00
16.00
Total EBU's Levied
51.00
12.00
18.00
10.00
16.00
Rate per EBU (Equivalent Benefit Units)
$118.48
$118.48
$118.48
$118.48
$118.48
Maximum Rate per EBU
$118.48
$118.48
$118.48
$118.48
$118.48
OPERATING RESERVE
Beginning Reserve Balance
$4,975
$1,171
$1,756
$975
$1,561
Transfers In/Out (CIP)
(931)
(219)
(329)
(183)
(292)
Reserve Fund Activity
(67)
(16)
(24)
(13)
(21)
Estimated Ending Reserve Balance
$3,977
$936
$1,403
$779
$1,248
CAPITAL IMPROVEMENT RESERVE
CIP Fund Balance
$3,625
$853
$1,279
$711
$1,137
CIP Transfers In/Out (Operating Reserve)
931
219
329
183
292
CIP Projects
Estimated Ending CIP Reserve Balance
$4,556
$1,072
$1,608
$894
$1,429
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APPENDIX A - DISTRICT ASSESSMENT DIAGRAM
A District Diagram has been prepared for the District in the format required by the 1972 Act,
and is on file with the Special Districts Office of the Public Works Department, and by
reference is made part of this Report. The Assessment Diagram is available for inspection at
the Special Districts Office of the Public Works Department, during normal business hours.
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APPENDIX B - 2017/2018 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown
on the County Assessor's Map for the year in which this Report is prepared.
Non -assessable lots or parcels include land principally encumbered by public or utility
rights-of-way and common areas. These parcels will not be assessed.
A listing of parcels assessed within the District along with the proposed assessment
amounts has been identified as "Fiscal Year 2017/2018 Assessment Roll", and is on file
with the City Clerk and is by reference made a part of this Report.
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