Res 18-008RESOLUTION NO. 18-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, DECLARING THE CITY’S INTENTION
TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 18-2;
AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO COMMENCING FISCAL YEAR 2018/2019,
PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; AND
CALLING FOR A PROPERTY OWNER PROTEST
PROCEEDING, TO SUBMIT TO THE QUALIFIED PROPERTY
OWNERS THE QUESTION OF LEVYING SUCH ASSESSMENTS
AND ESTABLISHING AN ASSESSMENT RANGE FORMULA
FOR SAID DISTRICT PURSUANT TO THE PROVISIONS OF
THE CALIFORNIA CONSTITUTION, ARTICLE XIII D
WHEREAS, the City Council of the City of Poway (“City”), pursuant to provisions of the
Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and
Highways Code (“1972 Act”), did by previous Resolution, initiate proceedings for the formation of
an assessment district within the City to be known and designated as Landscape Maintenance
District No. 18-2 (the “District”), and to levy and collect annual assessments for the District
commencing in fiscal year 2018/2019 to pay, in whole or in part, for the special benefit costs
associated with the operation, maintenance, installation, and servicing of local landscaping
improvements and appurtenant facilities related thereto;
WHEREAS, the City Council desires to form the District; and to levy and collect new
assessments against lots and parcels of land within the District to pay the cost and expenses
related to the special benefits received from the operation, maintenance, installation, and
servicing of landscaping improvements, and appurtenant facilities related thereto; and to conduct
a property owner protest ballot proceeding regarding the proposed assessments in compliance
with the substantive and procedural requirements of Article XIII D, section 4 of the California State
Constitution (the “California Constitution”) and the Proposition 218 Omnibus Implementation Act
(the “Omnibus Act”), being Government Code section 53750 et seq.;
WHEREAS, the Assessment Engineer of Work has prepared and filed an Engineer’s
Report with the City Clerk regarding the formation of the District and the levy of annual
assessments connected therewith commencing in fiscal year 2018/2019 (beginning July 1, 2018
and ending June 30, 2019), pursuant to Chapter 2, Article 1, Section 22586 of the 1972 Act, and
said report has been presented to the City Council and is incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as
follows:
Section 1: That the foregoing recitals are true and correct.
Section 2: The Engineer’s Report as presented, consists of the following:
Section 2a: The Plans and Specifications which describe the boundaries of the District,
the zones of benefit (“Zones”) established therein, and the improvements associated therewith
that provide special benefits to the parcels therein;
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Page 2
Section 2b: The Method of Apportionment that details the method of calculating
proportional special benefit and the annual assessment obligation for each affected parcel;
Section 2c: The Estimate of Improvement Costs including the calculation of the
assessments and the estimated annual funding (Budget) required for the annual operation,
maintenance, installation, and servicing of the landscaping improvements and appurtenant
facilities, and specifically the costs associated with the improvements determined to be of special
benefit to parcels within the District, establishing the proposed maximum assessments and the
assessments for fiscal year 2018/2019;
Section 2d: The Assessment Range Formula (Annual Inflationary Adjustment) to be
applied to the proposed Maximum Assessment Rates per Equivalent Benefit Unit in subsequent
fiscal years. The proposed Maximum Assessments including the Assessment Range Formula
shall be presented to the property owner(s) of record in a protest ballot proceeding pursuant to
the California Constitution and the Omnibus Act;
Section 2e: A District Diagram outlining the boundaries of the District and identifying
the Zones therein for fiscal year 2018/2019; and
Section 2f: Reference to the proposed Assessment Roll on file with the City Clerk,
which contains the proposed maximum assessment and levy of assessment for fiscal year
2018/2019 for each Assessor Parcel Number identified within the District.
Section 3: The City Council hereby accepts the Engineer’s Report on a preliminary
basis as submitted or amended by direction of this City Council, and orders said Report to be filed
in the Office of the City Clerk as a permanent record and to remain open to public inspection, and
by reference the Engineer’s Report is made part of this resolution.
Section 4: The City Council hereby declares its intention to form the assessment
district to be known and designated as Landscape Maintenance District No. 18-2 pursuant to
Chapter 2, Article 1, Section 22587 of the 1972 Act, and to establish said District with benefit
zones pursuant to Section 22574 of the 1972 Act; and to levy and collect annual assessments
against parcels of land within the District commencing with fiscal year 2018/2019 in accordance
with the 1972 Act and the provisions of the California Constitution.
The City Council further declares its intention to conduct a public hearing regarding the District
formation and the proposed levy of new assessments pursuant to the provisions of the 1972 Act,
the California Constitution, and the Omnibus Act and thereby calls for a property owner protest
ballot proceeding related thereto. The City Council finds that the public’s best interest requires
such action and levy of assessments.
Section 5: The City Council hereby finds that the territory within the proposed District
as identified in the Engineer’s Report consists of, and includes those lots, parcels and
subdivisions of land that will receive special benefits from the improvements to be provided.
Section 6: The proposed improvements for the District as identified in the Engineer’s
Report, generally include, but are not limited to, the installation, maintenance, operation and
servicing of local landscaping improvements and appurtenant facilities that are provided for the
benefit of real property within the District. The improvements to be provided by the District include
landscaping within specified public areas, rights-of -way and/or dedicated easements that have
been installed in connection with the development of properties for the benefit of those properties
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and/or nearby adjacent developments or were otherwise considered necessary or required for
the development of properties within the District to their full and best use. The work to be
performed within the District may include, but is not limited to (as applicable), the personnel;
materials; equipment; electricity; water; contract services; maintenance, repair and rehabilitation
of the improvements; and incidental expenses required to operate the District and provide the
improvements and services authorized by the 1972 Act. The Engineer’s Report prepared and filed
with the City Clerk provides a more detailed description of the improvements to be provided and
for which properties shall be assessed.
Section 7: The City Council hereby determines that to provide the improvements
described in section 6 of this resolution, it is necessary to levy and collect assessments against
lots and parcels within the District commencing in fiscal year 2018/2019. The Engineer’s Report
referred to in Section 2 of this resolution establishes the proposed maximum assessments for the
District including the annual inflationary adjustment to the maximum assessment rates; and the
assessments necessary to provide for the annual operation, administration, services and
maintenance of the improvements commencing in fiscal year 2018/2019.
Section 8: Pursuant to California Constitution and in accordance with the Omnibus
Act, an assessment ballot proceeding is hereby called on the matter of confirming the proposed
new assessments for the District. The ballots and notices so authorized shall be distributed by
first class mail to the property owners of record as of the last County equalized roll not less than
45 days prior to the public hearing, and each property owner may return the ballot by mail or in
person to the City Clerk not later than the conclusion of the public hearing for this matter.
Section 9: The City Council hereby authorizes and directs the City Clerk or her
designee to prepare and mail, or cause to be mailed, notice of the Public Hearing; and in the
same or separate mailing, mail the property owner protest ballot(s) to the subject property owner
regarding the proposed levy of assessments and the assessment range formula outlined in the
Engineer’s Report, for return receipt prior to the date and time of the public hearing set forth in
this resolution.
Section 10: The City Council hereby declares its intention to conduct a Public Hearing
concerning the District, the improvements, and the levy of assessments and in accordance with
Section 22588 and 22592 of the 1972 Act, notice is hereby given that on Tuesday, May 1, 2018
at 7.00 P.M., the City Council will hold a Public Hearing for the District and the levy and collection
of assessments related thereto commencing in fiscal year 2018/2019, or as soon thereafter as
feasible. The Public Hearing will be held in the City Council Chambers, located at 13325 Civic
Center Drive, Poway, at the time so fixed. At the Public Hearing, all interested persons shall be
afforded the opportunity to hear and be heard.
Section 11: The property owner protest ballot proceeding conducted for the District
shall constitute the property owners’ support for or opposition to the annual levy of assessments
and assessment range formula. Property owners may return their ballot by mail or in person to
the City Clerk not later than the conclusion of the Public Hearing on Tuesday May 1, 2018. After
the close of the Public Hearing, pursuant to Article XIII D, section 4(e) of the California
Constitution, the City shall tabulate the ballots returned to determine if majority protest exists. The
returned ballots shall be weighted according to the proportional financial obligation of each
affected property. A majority protest exists if, upon the conclusion of the Public Hearing, ballots
submitted in opposition to the assessment exceed the ballots submitted in favor of the
assessment; and