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Res 19-019RESOLUTION NO. 19-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DECLARING THE CITY'S INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 19-1 AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR 2019-20, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; 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; AND DECLARING ITS INTENTION TO DETACH PARCELS OF PROPERTY FROM LANDSCAPE MAINTENANCE DISTRICT 87-1 WHEREAS, the City Council of the City of Poway (the "City"), pursuant to provisions of the Landscaping and Lighting Act of 1972, California Streets and Highways Code section 22500 et seq. (the 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. 19-1 (the "District"), and to levy and collect annual assessments for the District commencing in Fiscal Year 2019-20 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, pursuant to section 22605 et seq. of the 1972 Act, certain lots and parcels of land currently located in City of Poway Landscape Maintenance District 87-1 ("LMD 87-1") are proposed to be detached therefrom and included in the District, such lots and parcels of land are identified in Exhibit A of this Resolution (the "Detached Parcels"); WHEREAS, pursuant to section 22606 of the 1972 Act, proceedings to detach the Detached Parcels from LMD 87-1 may be undertaken concurrently with proceedings for the formation of the District; WHEREAS, pursuant to section 22606 of the 1972 Act, the detachment of the Detached Parcels may be conditioned upon the formation of the District; WHEREAS, the City Council intends to: (i) conduct a property owner ballot protest proceeding regarding the proposed assessments in compliance with the substantive and procedural requirements of California Constitution article XIII D, section 4 (the "California Constitution") and the Proposition 218 Omnibus Implementation Act (the "Omnibus Act"), being Government Code section 53750 et seq.; (ii) form the District; (iii) detach the Detached Parcels, subject to and conditioned upon the formation of the District; and (iv) 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 Resolution No. 19-019 Page 2 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 2019-20 (beginning July 1, 2019 and ending June 30, 2020), pursuant to 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; 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 2019-20; 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 2019-20; 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 2019- 20 for each Assessor Parcel Number identified within the District. SECTION 3: The City Council hereby approves 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. 19-1 pursuant to Chapter 2, Article 1, Section 22587 of the 1972 Act, and to levy and collect annual assessments against parcels of land within the District commencing with Fiscal Year 2019-20 in accordance with the 1972 Act and the provisions of the California Constitution. Resolution No. 19-019 Page 3 The City Council further declares its intention to detach the Detached Parcels set forth in Exhibit A hereto from LIVID 87-1, subject to and conditioned on the formation of the District. 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 and/or proportionately shared with 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 2019-20. 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 rate; and the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements commencing in Fiscal Year 2019-20. SECTION 8: Pursuant to the 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. Resolution No. 19-019 Page 4 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 the detachment of the Detached Parcels in accordance with Sections 22588, 22592, 22606, and 22609 of the 1972 Act, notice is hereby given that on Tuesday, May 21, 2019, at 7.00 P.M., the City Council will hold a Public Hearing for the District, the levy and collection of assessments related thereto commencing in Fiscal Year 2019-20, or as soon thereafter as feasible, and the detachment of the Detached Parcels. 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 21, 2019. 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 a 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. Any property owner whose property is proposed to be assessed may submit a ballot to the City Clerk prior to the conclusion of the Public Hearing, or having previously filed a ballot, may file a written withdrawal of that ballot. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 12: The City Clerk or her designee is hereby authorized and directed to give notice of such Public Hearing as provided by law. Resolution No. 19-019 Page 5 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of April, 2019 by the following vote, to wit: AYES: MULLIN, FRANK, GROSCH, VAUS NOES: NONE ABSENT: LEONARD DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: Faviola Medi a, CMC, City Clerk Resolution No. 19-019 Page RESOLUTION NO. 19-019 EXHIBIT A Assessor Parcels to be Detached from Landscape Maintenance District No. 87-1 317-222-12-00 317-222-23-00 317-222-24-00 317-222-25-00 317-222-26-00 317-222-27-00 317-223-01-00 317-223-02-00 317-223-03-00 317-223-04-00 317-223-05-00 317-223-07-00 317-223-11-00 317-223-12-00 317-223-13-00 317-223-14-00 317-223-15-00 317-223-18-00 317-223-19-00 317-223-20-00 317-223-21-00 317-223-27-01 317-223-27-02 317-223-28-00 317-223-30-00 317-223-31-00 317-223-32-00 317-223-33-00 317-223-37-00 317-223-38-00 317-223-39-00 317-224-01-00 317-224-06-00 317-224-07-00 317-224-15-00 317-224-16-00 317-224-18-00 317-224-19-00 317-224-20-00 317-224-21-00 317-224-22-00 317-224-23-00 317-224-24-00 317-225-01-00 317-225-04-00 317-225-05-00 317-225-06-00 317-225-07-00 317-225-10-00 317-225-11-00 317-225-12-00 317-225-13-00 317-225-14-00 317-225-15-00 317-225-16-00 317-225-17-00 317-225-18-00 317-270-08-00 317-270-09-01 317-270-09-02 317-270-09-03 317-270-09-04 317-270-09-05 317-270-09-06 317-270-09-07 317-270-09-08 317-270-09-09 317-270-09-10 317-270-09-11 317-270-09-12 317-270-09-13 317-270-09-14 317-270-10-01 317-270-10-02 317-270-10-03 317-270-10-04 317-270-10-05 317-270-10-06 317-270-10-07 317-270-10-08 317-270-10-09 317-270-10-10 317-270-10-11 317-270-10-12 317-270-10-13 317-270-10-14 317-270-11-00 317-270-12-00 317-270-13-00 317-270-14-00 317-270-15-00 317-270-16-00 317-270-18-00 317-270-19-00 317-270-20-00 317-270-21-00 317-270-22-00 317-270-23-00 317-270-24-00 317-270-25-00 317-270-31-00 317-270-32-00 317-270-40-00 317-270-41-00 317-270-42-00 317-270-43-00 317-270-44-00 317-270-45-00 317-270-46-00 317-270-49-00 317-270-50-00 317-270-51-00 317-270-54-00 317-270-55-00 317-270-56-00 317-270-59-00 317-270-60-00 317-270-61-00 317-270-62-00 317-270-63-00 317-271-02-00 317-271-03-00 317-271-04-00 317-271-09-00 317-271-10-00 317-271-12-00 317-271-13-00 317-271-15-00 317-271-16-00 317-271-18-00 317-271-19-00 317-271-20-00 317-271-21-00 317-271-25-00 317-271-26-00 317-271-27-00 317-271-28-00 317-271-33-00 317-271-34-00 317-271-35-00 317-271-41-00 317-271-42-00 317-271-46-00 317-271-48-00 317-271-49-00 317-271-51-00 317-271-56-00 317-271-57-00 317-271-58-00 317-271-59-00 317-271-62-00 317-271-63-00 317-271-67-00 317-271-68-00 317-271-74-00 317-271-75-00 317-271-77-00 317-271-80-00 317-271-81-00 317-271-82-00 A-1 6 Resolution No. 19-0019 Page 317-271-83-00 317-271-84-00 317-271-85-00 317-271-86-00 317-271-87-00 317-271-89-00 317-271-91-00 317-271-92-00 317-271-93-00 317-271-94-00 317-271-95-00 317-271-96-00 317-280-21-00 317-280-35-00 317-280-36-00 317-280-37-00 317-280-47-00 317-280-48-00 317-280-56-00 317-280-57-00 317-280-58-00 317-280-60-00 317-280-63-00 317-280-65-00 317-280-66-00 317-280-68-00 317-280-70-00 317-280-71-00 317-280-72-00 317-280-73-00 317-280-74-00 317-280-75-00 317-280-76-00 317-280-77-00 317-280-78-00 317-280-79-00 317-280-80-00 317-280-82-00 317-280-83-00 317-280-85-00 317-280-86-00 317-281-08-00 317-281-09-00 317-281-10-00 317-281-11-00 317-281-14-00 317-281-15-00 317-281-16-00 317-281-22-00 317-281-23-00 317-281-24-00 317-281-25-00 317-281-26-00 317-281-27-00 317-281-29-00 317-810-04-00 317-810-05-00 317-810-09-00 317-810-12-00 317-810-13-00 317-810-14-00 317-810-15-00 317-810-16-00 317-810-17-00 317-810-18-00 317-810-19-00 317-810-23-00 317-810-24-00 317-810-28-00 317-810-29-00 317-810-30-00 317-810-31-00 317-810-32-00 317-810-33-00 317-810-36-00 317-810-37-00 317-810-38-00 320-011-27-00 320-200-46-00 320-200-47-00 320-200-48-00 320-200-49-00 320-200-50-00 320-220-02-00 320-220-03-00 320-220-04-00 320-220-05-00 320-220-06-00 320-220-07-00 320-220-12-00 320-220-15-00 320-220-16-00 320-220-18-00 320-220-21-00 320-220-22-00 320-220-24-00 320-220-25-00 323-091-08-00 323-091-09-00 323-091-10-00 323-091-11-00 323-091-12-00 323-092-17-00 323-092-18-00 323-092-20-00 323-092-21-00 323-092-22-00 323-092-23-00 323-092-24-00 323-092-25-00 323-092-26-00 323-092-27-00 323-092-28-00 323-092-29-00 323-092-31-00 323-092-32-00 323-092-33-00 323-092-34-00 323-092-35-00 323-092-37-00 323-092-38-00 323-480-03-00 323-480-04-00 323-480-10-00 323-480-11-00 323-480-12-00 323-480-13-00 323-480-14-00 323-480-16-00 323-480-18-00 323-480-19-00 323-480-20-00 323-480-21-00 323-480-22-00 323-480-23-00 323-481-02-00 323-481-03-00 323-481-10-00 323-481-11-00 323-481-12-00 323-481-13-00 323-481-14-00 323-481-15-00 323-481-16-00 323-481-19-00 323-482-20-00 323-482-22-00 323-482-23-00 323-482-24-00 323-482-25-00 323-482-26-00 323-482-29-00 323-482-30-00 323-500-12-00 323-500-15-00 323-500-20-00 323-500-22-00 323-500-23-00 323-500-25-00 323-500-27-00 323-500-28-00 323-500-29-00 323-501-01-00 323-501-02-00 323-501-03-00 323-501-04-00 323-501-05-00 A-2 7