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