Loading...
Res 19-024RESOLUTION NO. 19-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING THE FORMATION OF THE CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 19-1, CONFIRMING THE ENGINEER'S REPORT, THE ASSESSMENT DIAGRAM AND ASSESSMENTS RELATED THERETO, OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS AND THE DETACHMENT OF CERTAIN PARCELS FROM THE CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 87-1, APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS COMMENCING IN FISCAL YEAR 2019-20; AND DETACHING CERTAIN TERRITORY FROM CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 87-1 WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act"), and 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., (collectively, the "Assessment Law"), the City of Poway (the "City") City Council by Resolution No. 19-018 initiated proceedings and directed the preparation and filing of an Engineer's Report in connection with the proposed formation of the City of Poway Landscape Maintenance District No. 19-1 (the "District"), to fund in whole or in part the special benefit costs and expenses for the ongoing maintenance, operation and servicing of the landscaping improvements and appurtenant facilities related thereto, and to detach from the City of Poway Landscape Maintenance District 87-1 ("LMD 87-1") those certain lots and parcels of land to be included in the District that are currently located in LMD 87-1 (the "Detached Parcels"); WHEREAS, after fully considering the Engineer's Report presented, the City Council adopted Resolution No. 19-019 preliminarily approving the Engineer's Report, declared its intention to: (i) form the District; (ii) 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, servicing of landscaping improvements and appurtenant facilities related thereto; (iii) conduct a property owner ballot protest proceeding regarding the proposed assessments; and (iv) detach the Detached Parcels, subject to and conditioned upon the formation of the District in compliance with the substantive and procedural requirements of Assessment Law; and set the Public Hearing to be noticed pursuant to applicable law for May 21, 2019 at 7:00 p.m.; WHEREAS, notices and ballots were mailed to the affected property owners of record within the proposed District regarding the formation of the District, the detachment of the Detached Parcels from LMD 87-1 as applicable, and the proposed new assessments as described in the Engineer's Report pursuant to the provisions of Assessment Law for return receipt prior to the close of the public hearing on May 21, 2019; WHEREAS, on May 21, 2019, the City Council held the duly noticed Public Hearing not less than 45 days after the mailing of the notices and ballots, to consider all oral statements, objections and communications made or filed by any interested person regarding the formation of the District, the detachment of the Detached Parcels from LMD 87-1 and the proposed new Resolution No. 19-024 Page 2 assessments; and to receive and accept all protest ballots from the affected property owners of record within the proposed District; WHEREAS, at the conclusion of the Public Hearing, a tabulation and canvass of the property owner protest ballots and written protests to the detachment of the Detached Parcels was conducted by the City Clerk or her designee, with all valid protest ballots and written protests returned by the affected property owners being counted; and WHEREAS, by Resolution No. 19-023 the City Council confirmed the results of the ballot tabulation and property owner protest proceeding conducted in accordance with the provisions of Assessment Law, the results of which indicated that a majority protest did not exist for the assessments as presented and to be levied on properties within the District commencing Fiscal Year 2019-20 and the detachment of the Detached Parcels. follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as SECTION 1: That the foregoing recitals are true and correct. SECTION 2: Following notice duly given, the City Council has held a full and fair public hearing regarding the formation of the Landscape Maintenance District No. 19-1, the detachment of of the Detached Parcels from LMD 87-1, the levy and collection of assessments and has considered all public testimony and written statements, communications made or filed by interested persons, and ballots and written protests to the detachment of the Detached Parcels submitted and not withdrawn by affected property owners. SECTION 3: In accordance with the provisions of Assessment Law, the City Council has evaluated the results of the property owner ballot protest proceedings and has determined that a majority protest to the formation of LMD 19-1 and the levy of the proposed new assessments does not exist, and hereby overrules all oral or written protests that may have been presented concerning the annual assessments for the District. SECTION 4: Based upon its review of the facts presented and the Engineer's Report that has been prepared and filed with the City Clerk, the City Council hereby finds and determines that: A. The parcels of land within the District will receive special benefits from the operation, maintenance and servicing of the improvements to be provided by the District as described in the Engineer's Report; B. The proportionate special benefits derived by each assessable parcel from the maintenance and servicing of the improvements has been determined in relationship to the entirety of the cost of such maintenance and service expenses; the assessments do not exceed the reasonable cost of the proportional special benefits conferred on each parcel; only special benefits have been assessed, the general benefits have been separated from the special benefits, and all publicly owned parcels within the District that derive special benefits from the maintenance and servicing of the improvements have been assessed for such special benefits; C. The District, as defined by the Assessment Diagram contained in the Engineer's Report, includes all parcels of land receiving such special benefits; and, Resolution No. 19-024 Page 3 D. Pursuant to the Assessment Law, the net amount to be assessed upon the parcels of land within the District has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services to be provided. SECTION 5: The adoption of this Resolution constitutes the formation of the District, the boundaries of the District as contained in the Assessment Diagram presented in the Engineer's Report; the establishment of the maximum assessment rate and assessment range formula connected therewith as described in the Engineer's Report and adopted by the City Council. Subsequent annual assessments, in amounts not to exceed an established maximum annual assessment may be confirmed and levied without further assessment ballot proceedings pursuant to Assessment Law. Each fiscal year, beginning Fiscal Year 2020-21, the maximum amount of each assessment (the "Maximum Assessment") may be increased by the lesser of 3% or the percentage increase in the Consumer Price Index (CPI) in the San Diego Area for All Items for All Urban Consumer. SECTION 6: In accordance with the provisions of the 1972 Act, the City Council has evaluated the written protest proceedings for the detachment of the Detached Parcels and has determined that a majority of the record owners of the Detached Parcels did not submit written protests to the detachment of their parcels from LIVID 87-1, and hereby overrules all written protests that may have been presented concerning the detachment of the Detached Parcels from LIVID 87-1. The adoption of this Resolution confirms the detachment of the Detached Parcels identified in "Exhibit A" to this Resolution, and by this reference are incorporated herein, from LIVID 87-1. The adoption of this Resolution confirms the new boundaries of LIVID 87-1 as set forth in the assessment diagram attached hereto as "Exhibit B" to this Resolution, and by this reference incorporated herein. SECTION 7: The City Council hereby orders the District improvements to be made as outlined by the Engineer's Report and by these proceedings. The diagram and assessments shall be filed in the Office of the City Clerk. Said diagram and assessments, and the certified copy thereof, shall be open for public inspection. SECTION 8: Pursuant to applicable law, City staff or their designee is hereby authorized and directed to file as may be required the annual levy of assessments for the District commencing in Fiscal Year 2019-20 as approved herein with the San Diego County Auditor/Controller along with a certified copy of this Resolution; and/or other Resolutions and documents as may be required by the County Auditor/Controller or County Assessor, including copies of the Engineer's Report or Assessment Diagram confirmed by this Resolution. SECTION 9: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's approval and confirmation of the formation of the District; the Engineer's Report and Assessment Diagram prepared in connection with the District formation; and the establishment of the maximum assessment rates, assessment range formula, and the related assessments so authorized commencing in Fiscal Year 2019-20 as outlined in the Engineer's Report. Resolution No. 19-024 Page 4 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of May, 2019 by the following vote, to wit: AYES: MULLIN, FRANK, GROSCH, VAUS NOES: NONE ABSENT: LEONARD DISQUALIFIED: NONE �— - -CL Steve Vaus, Mayor ATTEST: Faviola Medina,`CMC, City Clerk Resolution No. 19-024 Page 5 Assessor Parcels Detached from Landscape Maintenance District No. 87-1 317-222-12-00 317-222-23-00 317-222-24-00 317-222-25-00 317-222-26-00 317-222-27-00 317-223-01-00 317-223-02-00 317-223-03-00 317-223-04-00 317-223-05-00 317-223-07-00 317-223-11-00 317-223-12-00 317-223-13-00 317-223-14-00 317-223-15-00 317-223-18-00 317-223-19-00 317-223-20-00 317-223-21-00 317-223-27-01 317-223-27-02 317-223-28-00 317-223-30-00 317-223-31-00 317-223-32-00 317-223-33-00 317-223-37-00 317-223-38-00 317-223-39-00 317-224-01-00 317-224-06-00 317-224-07-00 317-224-15-00 317-224-16-00 317-224-18-00 317-224-19-00 317-224-20-00 317-224-21-00 317-224-22-00 317-224-23-00 317-224-24-00 317-225-01-00 317-225-04-00 317-225-05-00 317-225-06-00 317-225-07-00 317-225-10-00 317-225-11-00 317-225-12-00 317-225-13-00 317-225-14-00 317-225-15-00 317-225-16-00 317-225-17-00 317-225-18-00 317-270-08-00 317-270-09-01 317-270-09-02 317-270-09-03 317-270-09-04 317-270-09-05 317-270-09-06 317-270-09-07 317-270-09-08 317-270-09-09 317-270-09-10 317-270-09-11 317-270-09-12 317-270-09-13 317-270-09-14 317-270-10-01 317-270-10-02 317-270-10-03 317-270-10-04 317-270-10-05 317-270-10-06 317-270-10-07 317-270-10-08 317-270-10-09 317-270-10-10 317-270-10-11 317-270-10-12 317-270-10-13 317-270-10-14 317-270-11-00 317-270-12-00 317-270-13-00 317-270-14-00 317-270-15-00 317-270-16-00 317-270-18-00 317-270-19-00 317-270-20-00 317-270-21-00 317-270-22-00 317-270-23-00 317-270-24-00 317-270-25-00 317-270-31-00 317-270-32-00 317-270-40-00 317-270-41-00 317-270-42-00 317-270-43-00 317-270-44-00 317-270-45-00 317-270-46-00 317-270-49-00 317-270-50-00 317-270-51-00 317-270-54-00 317-270-55-00 317-270-56-00 317-270-59-00 317-270-60-00 317-270-61-00 317-270-62-00 317-270-63-00 317-271-02-00 317-271-03-00 317-271-04-00 317-271-09-00 317-271-10-00 317-271-12-00 317-271-13-00 317-271-15-00 317-271-16-00 317-271-18-00 317-271-19-00 317-271-20-00 317-271-21-00 317-271-25-00 317-271-26-00 317-271-27-00 317-271-28-00 317-271-33-00 317-271-34-00 317-271-35-00 317-271-41-00 317-271-42-00 317-271-46-00 317-271-48-00 317-271-49-00 317-271-51-00 317-271-56-00 317-271-57-00 317-271-58-00 317-271-59-00 317-271-62-00 317-271-63-00 317-271-67-00 317-271-68-00 317-271-74-00 317-271-75-00 317-271-77-00 317-271-80-00 317-271-81-00 317-271-82-00 317-271-83-00 317-271-84-00 317-271-85-00 317-271-86-00 317-271-87-00 317-271-89-00 317-271-91-00 317-271-92-00 317-271-93-00 317-271-94-00 EXHIBIT A Resolution No. 19-024 Page 6 317-271-95-00 317-271-96-00 317-280-21-00 317-280-35-00 317-280-36-00 317-280-37-00 317-280-47-00 317-280-48-00 317-280-56-00 317-280-57-00 317-280-58-00 317-280-60-00 317-280-63-00 317-280-65-00 317-280-66-00 317-280-68-00 317-280-70-00 317-280-71-00 317-280-72-00 317-280-73-00 317-280-74-00 317-280-75-00 317-280-76-00 317-280-77-00 317-280-78-00 317-280-79-00 317-280-80-00 317-280-82-00 317-280-83-00 317-280-85-00 317-280-86-00 317-281-08-00 317-281-09-00 317-281-10-00 317-281-11-00 317-281-14-00 317-281-15-00 317-281-16-00 317-281-22-00 317-281-23-00 317-281-24-00 317-281-25-00 317-281-26-00 317-281-27-00 317-281-29-00 317-810-04-00 317-810-05-00 317-810-09-00 317-810-12-00 317-810-13-00 317-810-14-00 317-810-15-00 317-810-16-00 317-810-17-00 317-810-18-00 317-810-19-00 317-810-23-00 317-810-24-00 317-810-28-00 317-810-29-00 317-810-30-00 317-810-31-00 317-810-32-00 317-810-33-00 317-810-36-00 317-810-37-00 317-810-38-00 320-011-27-00 320-200-46-00 320-200-47-00 320-200-48-00 320-200-49-00 320-200-50-00 320-220-02-00 320-220-03-00 320-220-04-00 320-220-05-00 320-220-06-00 320-220-07-00 320-220-12-00 320-220-15-00 320-220-16-00 320-220-18-00 320-220-21-00 320-220-22-00 320-220-24-00 320-220-25-00 323-091-08-00 323-091-09-00 323-091-10-00 323-091-11-00 323-091-12-00 323-092-17-00 323-092-18-00 323-092-20-00 323-092-21-00 323-092-22-00 323-092-23-00 323-092-24-00 323-092-25-00 323-092-26-00 323-092-27-00 323-092-28-00 323-092-29-00 323-092-31-00 323-092-32-00 323-092-33-00 323-092-34-00 323-092-35-00 323-092-37-00 323-092-38-00 323-480-03-00 323-480-04-00 323-480-10-00 323-480-11-00 323-480-12-00 323-480-13-00 323-480-14-00 323-480-16-00 323-480-18-00 323-480-19-00 323-480-20-00 323-480-21-00 323-480-22-00 323-480-23-00 323-481-02-00 323-481-03-00 323-481-10-00 323-481-11-00 323-481-12-00 323-481-13-00 323-481-14-00 323-481-15-00 323-481-16-00 323-481-19-00 323-482-20-00 323-482-22-00 323-482-23-00 323-482-24-00 323-482-25-00 323-482-26-00 323-482-29-00 323-482-30-00 323-500-12-00 323-500-15-00 323-500-20-00 323-500-22-00 323-500-23-00 323-500-25-00 323-500-27-00 323-500-28-00 323-500-29-00 323-501-01-00 323-501-02-00 323-501-03-00 323-501-04-00 323-501-05-00 Resolution No. 19-024 Page 7 LIVID 87-1 Revised Assessment Diagram Fiscal Year 2019-20 PS. cbhi . Hill D,"q Dr Legend LIVID 87-1 Parcels Improvements - Greenbelt - Hardscape Median - Median - Park ® Parkway Streets City Boundary Parcels City Of Poway: LMD No 87-1 Revised District Diagram EXHIBIT B