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Item 13 - Reso Establishing Assessments for Poway LMD 19-1 to be Collected on San Diego County Property Tax Roll for FY 23-24LMD 19-1 non-residential (commercial) developments continued: 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 TPM 06-04 Slough Poway 11, LLC Fiscal Year 2023-24 assessment rate is proposed to increase from the Fiscal Year 2022-23 assessment rate by 3.0 percent, to $925.77 per benefit unit per year. LMD 19-1 includes a voter-approved inflator which helps revenues keep pace with inflation. Annual assessment rate increases are capped at 3.0 percent of the annual change in CPI. Because projected expenditures are exceeding revenues, an increase of 3.0 percent is requested at this time. Landscape maintenance service level 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 LMD 19-1 on 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 19-1 includes a voter-approved inflator which helps revenues keep pace with inflation. Assessment rate for Fiscal Year 2023-24 is capped at 3.0 percent or the annual change in the CPI, whichever is less. Fiscal Year 2023-24 LMD 19-1 assessment rate will increase from Fiscal Year 2022- 23's rate of $898.81 to $925.77 per benefit unit per year. Revenue for LMD 19-1 is comprised of $809,484.00 from assessments, $1,948.00 in estimated interest earnings and $192,943.00 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. 2 of 6 July 18, 2023, Item #13 Attachments: A Resolution B. LMD 19-1 Map Reviewed/Approved By: Wendy Kaserman Assistant City Manager 3 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch ~ City Manager July 18, 2023, Item #13 RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 19-1 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 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. 23-027 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.19-1, 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 for one (1) zone is as follows: Zone A: $925. 77 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 maintenance of landscape improvements within Zone A of Landscape Maintenance District No. 19-1 is as follows: Zone A: $809,484.00 SECTION 3: Under assessment law, City of Poway's General Benefit Contribution has been calculated as $192,943.00. 4of6 II II II ATTACHMENT A July 18, 2023, Item #13 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 #13