Item 8 - Reso Estab. Assessments for LMD 83-1 to be Collected on the County Property Tax Roll for FY 21-22July 20, 2021, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works 1\7 CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operation~ (858) 668-4705 or wwiley@poway.org · Y Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 At the City Council meeting on June 15, 2021, the City Council adopted Resolution No. 21-034 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 83-1 and set the public hearing for July 20, 2021. Fiscal Year 2021-22 assessments for Zones A, B and C (residential and commercial) are proposed to remain unchanged from the Fiscal Year 2020-21 rates. Zones A, B and C service levels will remain at level C and may be subject to adjustments depending on the frequency and magnitude of unplanned events. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: LMD 83-1 was formed on June 14, 1983, to maintain landscape improvements required as conditions of approval for the various subdivisions included within the boundaries of LMD 83-1. Each subdivision and/or development listed below was required to annex into LMD 83-1 as a condition of property development either through the final map process or by Council Resolution. LMD 83-1 Zone A is comprised of the residential parcels within the following developments: 1 of 5
July 20, 2021, Item #8TRACT PROJECT NAME TTMs 3495, 4113, 4191, 89-15 and TPM 89-18 Rancho Arbolitos TTM 3503 Adobe Ridge I and II TTM 3533 The Colonies TTM 3461 Casa Real, Unit 7 TTM 84-07 Woodland Hills TTM 87-06 Cicero-Pacific TTM 88-05 Gateway/La Manda TTM 88-09 Carmel Vista TPM 89-09 Cusick TPM 99-05 Spyglass TTM 99-01 Diroma Estates TTM 02-03 Lamagna TPM 03-05 Lamagna TTM 84-04R Country Creek TTM 85-01 Rancho Espola TTM 87-04 Park Village TTM 86-04 Midland Estates TTM 86-05 Community 16 Villas (Poway 16) LM D 83-1 Zone B is comprised the following non-residential (commercial) developments: TRACT PROJECT NAME TPM CUP 86-03 92-05 Twin Pea ks Plaza Kindercare LMD 83-1 Zone C is comprised of the residential parcels within the following residential development: TRACT PROJECT NAME TTM 98-06 Kentfield Estates The Fiscal Year 2021-22 assessments for Zones A (residential), B (commercial) and C (residential) are proposed to remain at the Fiscal Year 2020-21 rates of $118.48 per year (approximately $9.87 per benefit unit per month), $235. 75 per benefit unit per year (approximately $19.65 per benefit unit per month) and $496.16 per benefit unit per year (approximately $41.35 per benefit unit per month), respectively. The assessment rates are based on the required revenues divided by the number of benefit units within each zone as outlined in the Fiscal Year 2021-22 Engineer's Report (pgs. 10-12). Zones A, Band C service levels are currently at level C and may be subject to further adjustments to align with assessment revenue and to accommodate unexpected repair needs that arise. A service level C consists of performing landscape maintenance services (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within LMD 83-1 on a monthly basis. The City Council's approved Fiscal Year 2021-22 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. 2 of 5
July 20, 2021, Item #8Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2021-22 LMD 83-1 Zone A assessment rate shall remain unchanged from the Fiscal Year 2021-21 rate of $118.48 per benefit unit. Revenue for LMD 83-1 Zone A is comprised of $164,805.68 from assessments, $4,500.00 in estimated interest earnings and $53,148.00 in General Fund contributions. The Fiscal Year 2021-22 LMD 83-1 Zone B assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate of $235.75 per benefit unit. Revenue for LMD 83-1 Zone B is comprised of $23,226.00 from assessments, $2,000.00 in estimated interest earnings and $13,986.00 in General Fund contributions. The Fiscal Year 2021-22 LMD 83-1 Zone C assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate of $496.16 per benefit unit. Revenue from LMD 83-1 Zone C is comprised of $12,900.16, $1,220.00 in estimated interest earning and $2,798.00 in General Fund contributions. These estimated revenues are currently sufficient to cover planned service levels. Service levels may be subject to adjustments depending on the frequency and magnitude of unplanned events. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 1, 2021. Pursuant to Government Section 53753, 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 Reviewed/ Approved By: , L----serman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chg; City Manager
July 20, 2021, Item #8RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 83-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2021-22 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, pursuant to the provisions of the City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being the "Landscape and Lighting Act of 1972" (being 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. 21-034 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 83-1, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 22565; WHEREAS, on June 15, 2021, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; 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 Rates for three (3) zones are as follows: Zone A: Zone B: Zone C: $118.48 per benefit unit $235. 75 per benefit unit $496.16 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2021-22 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A, Band C of Landscape Maintenance District 83-1 are as follows: Zone A: Zone B: Zone C: $164,805.68 $ 23,226.00 $ 12,900.16 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated for Zone A as $53,148.00, for Zone B as $13,986.00 and Zone C as $2,798.00. 4 of 5 ATTACHMENT A
July 20, 2021, Item #8Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 5 of 5