Item 11 - Reso Establishing Assessments for Poway LMD 86-3 to be Collected on San Diego County Property Tax Roll for FY 23-24LMD 86-3 Zone A includes the following residential developments:
TRACT PROJECT NAME
TM
TTM
TTM
3994
88-03
94-02
The Pond
Sycamore Springs
Poway Oaks
LMD 86-3 Zone B includes the following non-residential (commercial) developments:
TRACT PROJECT NAME
TPM 90-04 Wal-Mart
TTM 90-05 Creekside Plaza
DR 02-18 Poway City Center
DR 98-07/VAR 98-11 Poway Hyundai
TPM 01-06 Hillside Village Apartments
DR 05-05 Solara Apartments
Fiscal Year 2023-24 assessments for Zone A are proposed to remain unchanged at the Fiscal Year
2022-23 rate of $163.00 ($13.58 per month) per benefit unit per year; Zone B Fiscal Year 2023-24
assessments are proposed to increase from $80.42 to $86.62 (from $6.70 per month to $7.22 per
month) per benefit unit per year.
In 1998, a ballot for an assessment increase with annual cost indexing based on the annual CPI in
Zone A failed. As a result, it was necessary to reduce service levels to ensure LMD 86-3 expenses did
not exceed projected revenue. Consequently, Zone A service level was reduced to level C. Landscape
maintenance service level for Zone A will remain at level C. Service level C 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 monthly basis.
Zone B passed the 1998-99 ballot allowing for the option of an annual increase based on the CPI.
Because projected expenditures are exceeding revenues, an increase of 7.71 percent, the annual
change in the CPI, is requested at this time for Zone B. The landscape maintenance service level for
Zone B will remain at level A. Service level _A 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 Bon a weekly basis.
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 86-3 Zone A 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 86-3
Zone A assessment remains unchanged from the Fiscal Year 2022-23 rate of $163.00 per benefit unit
2 of 6 July 18, 2023, Item #11
per year. Revenue for LMD 86-3 Zone A is comprised of $25,917.00 from assessments, $976.00 in
estimated interest earnings and $1,591.00 in General Fund contributions.
LMD 86-3 Zone B includes a voter-approved inflater which helps revenues keep pace with inflation.
The assessment rate for Fiscal Year 2023-24 is increasing by 7.71 percent, or the annual change in the
CPI. Fiscal Year 2023-24 LMD Zone B assessment rate will increase from the Fiscal Year 2022-23 rate
of $80.42 to $86.62 per benefit unit per year. Revenue for LMD 86-3 Zone Bis comprised of $18,838.00
from assessments, $2,947.00 in estimated interest earnings and $7,953.00 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 86-3 Map
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr<!1!?b
City Manager
July 18, 2023, Item #11
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR
POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 86-3 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 XIII 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. 23-025 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. 86-3, 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 Rates for two (2) zones are as follows:
Zone A:
Zone B:
$163.00 per benefit unit per year
$ 86.62 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 and B of Landscape Maintenance District No. 86-3 are as follows:
Zone A:
Zone B:
$25,917.00
$18,838.00
SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution
has been calculated for Zone A as $1,591.00 and Zone Bas $7,953.00.
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II
II
ATTACHMENT A July 18, 2023, Item #11
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, Mayo{
ATTEST:
Carrie Gallagher, CMC, City Clerk
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