Item 9 - Reso Establishing Assessments for Poway LMD 86-1 to be Collected on San Diego County Property Tax Roll for FY 23-24LMD 86-1 Zone A includes the following residential developments:
TRACT PROJECT NAME
TTMs 4090R,4091R,4092R,4093R Bridlewood
TTM 3545 Piedmont Park
TTM 4158 Stone Canyon Ranch
TTM 84-08 The Grove
TTM 89-13 Old Coach Collection
TTM 89-13R The Heritage, Phase I, Unit I
TTM 89-13R The Heritage, Phase I, Un it Ill
TTM 89-13R The Heritage, Phase I, Unit IV
TTM 98-02 North Point
TTM 99-03 Vision Homes
MDRA 98-71 Kennedy Family Trust
MDRA 01-38 Wells Trust
MDRA 05-59 Garczynski
TTM 00-02 Malone
TTM 02-01 BBA Partners
PM 15384 (par 1, 2, 3 and 4) Custom Homes
MAP 15725 Milpitas-Fleming Associates
ROS 4063 Seaman Gregg
TTM 86-01 Huntington Gate, I and II
MDRA 04-02 Sedehi/Fard
TTM 87-05 Serenata
TTM 88-15 Green Valley Estates
LMD 86-1 Zone B includes the following non-residential development:
TRACT PROJECT NAME
TPM 90-06 LDS Poway Chapel
In 2018, the City initiated proceedings to form a proposed landscape maintenance district (referred
to as LMD 18-2) within the boundaries of existing LMD 86-1. Proposed LMD 18-2, would have added
properties that previously were not assessed and established different benefit zones, and increased
assessments currently imposed on properties in existing LMD 86-1. Proposed LMD 18-2 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 18-2 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 Fiscal Year 2022-
23 rates of $243.04 per year (==$20.25 per month) per benefit unit per year.
LMD 86-1 currently has no approved escalation factor for increasing the maximum assessment rate.
Failure of an assessment increase by ballot for LMD 86-1 in Fiscal Year 2017-18, led to a reduction in
maintenance services. Landscape maintenance service level will remain at level B. Service level B
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 Zone A
on a bi-monthly basis. Services may continue to be reduced to align with assessment revenue and to
accommodate unexpected repair needs that arise. Notably, with Zone A, the Green Valley Estates
Homeowners Association currently has an agreement in place with the City to maintain rights-of-way
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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. Landscape improvements are being maintained by parcel owners under terms of an
agreement with the City. Therefore, an assessment will not be levied for this zone.
City Council's approved Fiscal Year 2023-24 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 California Environmental Quality Act (CEQA).
Fiscal Impact:
LMD 86-1 does not include a voter-approved inflater which puts pressure on service levels as
expenses increase over time due to inflation while revenues do not. Fiscal Year 2023-24 LMD 86-1
Zone A assessment rate remains unchanged from the Fiscal Year 2022-23 rate of $243.04 per benefit
unit per year. Revenue for LMD 86-1 Zone A is comprised of $231,860.00 from assessments, $7,766.00
in estimated interest earnings and $57,308.00 in General Fund contributions. Estimated revenues are
sufficient to cover planned service levels. Service levels may be subject to adjustments depending on
frequency and magnitude of unplanned events.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 29, 2023.
Pursuant to Government Section 53753, all public notification requirements have been met. No
responses have been received regarding proposed assessments at the time this report was written.
Attachments:
A. Resolution
B. LMD 86-1 Map
Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
July 18, 2023, Item #9
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR
POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 86-1 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 XI 11 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. 23-023 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. 86-1, 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 Assessment Rate is as follows:
Zone A: $243. 04 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 the maintenance of landscape improvements within
Zones A of Landscape Maintenance District No. 86-1 is as follows:
Zone A: $231,860.00
SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution
has been calculated for Zone A as $57,308.00.
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ATTACHMENT A July 18, 2023, Item #9
Resolution No. 23-
Page 2
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 #9
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County of San Diego
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6 of 6 ATTACHMENT B July 18, 2023, Item #9