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Item 12 - Reso Estab. Assessments for LMD 87-1 to be Collected on the County Property Tax Roll for FY 21-22July 20, 2021, Item #12DATE: 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 Lz ~ CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operations y (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 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. 21-038 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 87-1 and set the public hearing for July 20, 2021. The Fiscal Year 2021-22 assessment is proposed to remain unchanged from the Fiscal Year 2020-21 rate. Service level reductions are being implemented from service level B to service level C to align with assessment revenue 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 87-1 was formed on January 27, 1987, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of LMD 87-1. Each subdivision and/or development listed below was required to annex into LMD 87-1 as a condition of property development either through the final map process or by Council Resolution. 1 of s July 20, 2021, Item #12LM D 87-1 is comprised of the residential parcels within the following developments: TRACT PROJECT NAME TTM 88-04R Rolling Hills Estates I and II TTM 97-03 Valencia TPM 98-07 Kimball TTM 98-07 Aviano/Bothwell TPM 19952 Rexford TPM 01-05 Dynasty Development On May 21, 2019, a ballot measure was proposed and passed, to reorganize the existing LMD 87-1 forming a new landscape maintenance district (LMD 19-1) by detaching 327 commercial properties. The existing residential development areas within LMD 87-1 are to remain as part of LMD 87-1. The Fiscal Year 2021-22 assessments for LMD 87-1 is proposed to remain unchanged at the Fiscal Year 2020-21 rate of $210.68 per benefit unit (approximately $17.55 per month). Because expenses are increasing, services will need to be reduced to align with assessment revenue and to accommodate unexpected repair needs that arise. Service levels for landscape maintenance services will be reduced from level B to level C. A service level B 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 87-1 on a bi-monthly basis. Under a service level C, landscape maintenance services will be conducted 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. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2021-22 LMD 87-1 assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate of $210.68 per benefit unit. Revenue for LMD 87-1 is comprised of $41,082.60 from assessments, $1,300.00 in estimated interest earnings and $10,274.00 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. 2 of 5 July 20, 2021, Item #12Attachments: A. Resolution Reviewed/ Approved By: Wendy~ erman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney July 20, 2021, Item #12RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 87-1 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. 21-038 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 87-1, 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 one (1) zone is as follows: Zone A: $210.68 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 Zone A of Landscape Maintenance District 87-1 is as follows: Zone A: $41,082.60 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $10,274.00. 4 of 5 ATTACHMENT A July 20, 2021, Item #12Resolution 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