Item 3.2 - Reso Est. Assessments for LMD 86-1 for Fiscal Year 2019-20DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
July 16, 2019
APPROVED □
APPROVED AS AMENDED □
(SEE MINUTES)
DENIED □
REMOVED □
CONTINUED ------
RESOLUTION NO.
Honorable Mayor and Members of the City Council
Michael Obermiller, P.E., Director of Public Works�
Eric Heidemann, Assistant Director of Public Wo\��for Maintenance
Operations 4 �(858)668-4705 or eheidemann@poway.org
Resolution Establishing Assessments for Poway Landscape Maintenance
District 86-1 to be Collected on the San Diego County Property Tax Roll for
Fiscal Year 2019-20
At the City Council meeting on June 18, 2019, Council adopted Resolution No. 19-028 declaring
the intention to levy and collect assessments within Landscape Maintenance District 86-1 and set
the public hearing for July 16, 2019.
In 2018, property owners within the Proposed District (referred to as Landscape Maintenance
District 18-2) received ballots for a proposed increase as specified under Assessment Law. The
Proposed District was balloted for an increase in assessments with annual cost indexing based
on the annual San Diego Consumer Price Index (SD-CPI) not to exceed 3%. The Proposed
District had a majority protest for the increase, and consequently, failed to pass the ballot. The
assessments for residential Zone A are proposed to remain unchanged from the Fiscal Year
2018-19 rates.
Service level reductions to level C were implemented in Zone A during Fiscal Year 2018-19 to
ensure District expenses did not exceed projected revenue. Zone A service levels will continue
to be subject to further adjustment during Fiscal Year 2019-20 depending on frequency and
magnitude of unplanned events. Within Zone A, the Green Valley Estates Homeowners
Association currently has an agreement in place with the City to maintain the right-of-ways
bordering the development along Lake Poway Road. Additionally, one non-residential parcel
(which makes up Zone B with current service level A), also has an agreement in place with the
City to maintain the landscape improvements along the corner of Espola Road and Twin Peaks
Road. As such, these parcels will not be levied.
Recommended Action:
It is recommended that the City Council adopt the attached Resolution establishing assessments
for Poway Landscape Maintenance District 86-1 to be collected on the San Diego County Property
Tax Roll for Fiscal Year 2019-20.
Discussion:
Landscape Maintenance District 86-1 was formed on June 12, 1986, to maintain the landscape
improvements installed in conjunction with new subdivisions within the boundaries of the District.
1 of 5 July 16, 2019, Item #3.2
Landscape Maintenance District 86-1, by Zone, includes the following developments:
Zone A (954 residential parcels assessed)
TRACT PROJECT NAME
TTMs 4090R, 4091 R, 4092R, 4093R
TTM 3545
TTM 4158
TTM 84-08
TTM 87-05
TTM 89-13
TTM 89-13R
TTM 89-13R
TTM 89-13R
TTM 98-02
TTM 99-03
MORA 98-71
MORA 01-38
MORA 05-59
MORA 04-02
TTM 00-02
TTM 02-01
PM15384 (Par 1, 2, 3 and 4)
MAP 15725
ROS 4063
TTM 86-01
MORA 04-02
TTM 87-05
TTM 88-15
Bridlewood
Piedmont Park
Stone Canyon Ranch
The Grove
Serenata
Old Coach Collection
The Heritage, Phase I, Unit I
The Heritage, Phase I, Unit Ill
The Heritage, Phase I, Unit IV
North Point
Vision Homes
Kennedy Family Trust
Wells Trust
Garczynski
Sedehi/Fard
Malone
BBA Partners
Custom Homes
Milpitas-Fleming Associates
Seaman Gregg
Huntington Gate, I and II
Sedehi/Fard
Serenata
Green Valley Estates (portion of
Landscape Maintenance District
maintained per agreement)
Zone B (one parcel maintained by LOS Poway Chapel per agreement)
TRACT PROJECT NAME
DR 89-19 LOS Poway Chapel
The Fiscal Year 2019-20 assessments for Zone A (residential), is proposed to remain at the Fiscal
Year 2018-19 rate of $243.04 per benefit unit per year ($20.25 per benefit unit per month). This
rate of assessment is based on the required assessment revenues divided by the number of
benefit units within Landscape Maintenance District 86-1A as outlined in the Fiscal Year 2019-20
Engineer's Report.
Service level reductions were implemented in Zone A during Fiscal Year 2018-19 to ensure
District expenses do not exceed projected revenue. Zone A service levels will continue to be
subject to further adjustment during Fiscal Year 2019-20 depending on frequency and magnitude
of unplanned events. Notably, within Zone A, the Green Valley Estates Homeowners Association
currently has an agreement in place with the City to maintain the right-of-ways bordering the
development along Lake Poway Road. Therefore, an assessment will not be levied for these
parcels.
2 of 5 July 16, 2019, Item #3.2
Zone B (non-residential) is comprised of a single property, the Church of Latter Day Saints. The
landscape improvements are being maintained by the parcel owner under the terms of an
agreement with the City. Therefore, an assessment will not be levied for this zone.
The City Council's approved Fiscal Year 2019-20 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:
None.
Fiscal Impact:
Revenue generated from Landscape Maintenance District 86-1A assessments is $231,860, and
interest of $3,140. General Fund contributions are in the amount of $48,478.
Public Notification:
Pursuant to SB 1977, Section 50078.6, all public notification requirements have been met. No
responses have been received regarding the proposed assessments at the time this report was
written.
Attachments:
A.Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to
be Collected on the San Diego County Property Tax Roll for Fiscal Year 2019-20
Reviewed/Approved By:
Wencl Kaserman
Assistant City Manager
3 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c�
City Manager
July 16, 2019, Item #3.2
RESOLUTION NO. 19-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR
POWAY LANDSCAPE MAINTENANCE DISTRICT 86-1 TO BE
COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX
ROLL FOR FISCAL YEAR 2019-20
WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance
District assessments collected on the San Diego County Property Tax Roll;
WHEREAS, on July 16, 2019, the City Council held a duly advertised public hearing to
solicit comments from the public, both pro and con, relative to this application;
WHEREAS pursuant to the provisions of City of Poway Resolution No. 00-034 (Policies
for Landscape Maintenance Districts) and Assessment Law being the "Landscape and Lighting
Act of 1972" (bei ng 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 the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in
accordance with the Resolution of Intention, being City of Poway Resolution No. 19-028 adopted
by the City Council of the City of Poway, County of San Diego, State of California, in connection
with the proceedi ngs for Landscape Maintenance District 86-1, the Assessment Engineer to the
City of Poway has submitted an Engineer's Report for the District as required by California Streets
and Highways Code, Section 22565;
WHEREAS, on June 18, 2019, at a regular meeting of the Poway City Council, the
amounts to be collected have been set forth in a public Engineer's Report; and
WHEREAS, this action is authorized by the laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The Assessment Rate is as follows:
Zone A: $ 243.04 per benefit unit
SECTION 2: The sum of assessments to be collected on the Fiscal Year 2019-20 San
Diego County Property Tax Roll to provide for the maintenance of landscape improvements within
Zone Aof Landscape Maintenance District 86-1 is as follows:
Zone A: $ 231,860 .16
SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution
has been calculated as $48,478.
SECTION 4: The City Clerk shall cause this Resolution to be published in the Poway
News Chieftain, a newspaper of general circulation in the City of Poway.
4 of 5 ATTACHMENT A July 16, 2019, Item #3.2
Resolution No. 19-
Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 16th day of July, 2019 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMG, City Clerk
5 of 5 July 16, 2019, Item #3.2