Item 10 - Engineer’s Report & Reso Declaring Intention to Levy & Collect Assessments; Poway Lighting District for FY 23-24DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
CITY COUNCIL
June 6, 2023
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works ~ ~
Will Wiley, Assistant Director of Public Works for Maintenance Operation
(858) 668-4705 or wwiley@poway.org
Engineer's Report and Resolution Declaring the Intention to Levy and Collect
Assessments Within Poway Lighting District for Fiscal Year 2023-24 and Set
Date for Public Hearing
Maintenance of public lighting improvements within the City of Poway Lighting District (Lighting
District) requires funding. These improvements include all street lighting facilities within the City's
boundaries, including, but not limited to streetlights, traffic signals, lighted street signs and flashing
beacons. Public parks, facilities and parking lots are not included in the Lighting District. The
California Landscape and Lighting Act of 1972 (ACT) and its amendment (Proposition 218) allow for
the collection of assessments from parcels annexed into the Lighting District for the maintenance and
operation of these facilities. It is the City's intent to collect assessments under Chapter 3 of the ACT.
The ACT requires a resolution (Attachment A) declaring the intention to levy and collect assessments
and an engineer's report (Attachment B). No increase is proposed to assessment rates during Fiscal
Year 2023-24 for Zones A, B or C; however, some parcel assessments will increase due to land
development, land use designation changes and the creation of new subdivisions.
Recommended Action:
It is recommended the City Council adopt the Resolution.
Discussion:
The Lighting District was formed by the City Council on May 12, 1986. As in previous years, it is
proposed that each parcel within the Lighting District pay an assessment according to benefit based
on the latest available San Diego Association of Government (SAN DAG) traffic generation study (See
Derivation of Benefit Factor, pages 8-10 of the engineer's report, Attachment B).
Zone A parcels are those with street lighting within their immediate vicinity. These parcels also share
in the equitable funding for maintenance and operation of street lighting along the City's major
arterial streets. Therefore, assessments collected within this zone shall be assessed at the full rate
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(100 percent) of $15.00 per benefit unit. Vacant parcels are proposed to be assessed at a 50 percent
rate of $7.50 per benefit unit.
Zone B parcels are those that do not have benefit of immediate street lighting, but equitably share in
the maintenance and operation funding for street lighting along the City's major arterial streets.
Therefore, assessments collected within this zone shall be proportionally assessed at the partial rate
of $3.75 (25 percent of $15.00) per benefit unit. Because the San Diego County Assessor (County) lists
funds in even amounts on county tax statements, the benefit unit assessment will be $3.75. Vacant
parcels are proposed to be assessed at a partial rate of $1.88 (50 percent of $3.75) per benefit unit.
Zone C assessments are collected to fund operation and maintenance of traffic signals and flashing
beacons within the City boundaries. It has been determined all parcels within the Lighting District
benefit equally. Therefore, Zone C parcels are assessed at the full rate of $13.58 per benefit unit for
maintenance of traffic signal lighting and flashing beacons. Vacant parcels are proposed to be
assessed at a 50 percent rate of $6.79 which, due to the County requirement cited previously, will be
assessed as $6.80.
Section 22624 of the Streets and Highways Code requires the City Council to approve an engineer's
report and adopt a resolution of intention prior to establishing a budget each year. The engineer's
report (Attachment B) outlines the proposed Fiscal Year 2023-24 budget and resulting assessments.
The assessments for Fiscal Year 2023-24 are based on the Lighting District's operation and
maintenance costs and are reflected on the Fiscal Year 2023-24 property tax bills. No increases are
proposed for the Fiscal Year 2023-24 street lighting assessments for Zones A, B or C. Zone A
assessments will remain at $15.00, Zone B at $3.75 and Zone C at $13.58 per benefit unit.
Assessments are proposed to be collected for vacant parcels dependent on their benefit to street light
accessibility (as defined by Zone A and Zone B) at a rate of 50 percent.
Proposition 218, passed by the California voters on November 5, 1996, expands the requirements for
public notification and imposes the requirement of special district balloting. Beginning July 1, 1997,
all existing, new, or increased assessments shall comply with Article XIII D as added to the California
Constitution. Since no increases or new assessments are proposed for Fiscal Year 2023-24, Lighting
District streetlighting has been determined to be exempt from the procedures and approval process
set forth in Section 4 of this Article. However, this does not preclude increases in assessments in
future years. Subsequent increases in such assessments shall be subject to the procedures and
approval process set forth in Section 4 of Article XIII D.
Proposition 218 requires the City separate "General Benefit'' from "Special Benefit". General Benefit
is a maintenance and service provided to the public-at-large. Special Benefit is a maintenance and
service provided at a level greater than the service provided to the public-at-large. The City may assess
for Special Benefit conferred upon parcels. General Benefit shall be funded as it has in the past for
this Lighting District through the collection of an Ad Valorem (General) Tax collected each year on the
property tax roll from each property owner.
REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK
2 of 488 June 6, 2023, Item #10
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, DECLARING THE INTENTION TO LEVY
AND COLLECT ASSESSMENTS WITHIN POWAY LIGHTING
DISTRICT FOR FISCAL YEAR 2023-24 AND APPROVING THE
ENGINEER'S REPORT
WHEREAS, the City Council of the City of Poway desires to levy and collect assessments
within the Poway Lighting District for the purpose of maintaining, servicing, operating and
administering public lighting facilities including, but not limited to, street lights, traffic signals,
lighted street signs and flashing beacons, in the City of Poway as shown in the Poway Lighting
District Engineer's Report, included in the staff report as Attachment 8, that is on file in the Office
of the City Clerk, pursuant to the Streets and Highways Code;
WHEREAS, assessments will not increase from the Fiscal Year 2022-23 assessment rate
of $15.00 per benefit unit per year for Zone A, $3.75 per benefit unit per year for Zone Band
$13.58 per benefit unit per year for Zone C;
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general
benefit contribution has been calculated as the average General Fund expenditure for the
maintenance of street lighting and traffic signals. This general benefit contribution has been
calculated to be $150,562.00;
WHEREAS, under the provisions of Section 5 of Article XIII D, the existing assessments
in the Lighting District are exempt from both the substantive and procedural requirements outlined
in Section 4 of the Article, until such time that the assessments are increased; and
WHEREAS, the public interest and convenience require the maintenance, service and
operation of street lighting, lighted street signs, traffic signals and flashing beacons within said
territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: Proposed assessments are as detailed in the Engineer's Report for Poway
Lighting District for Fiscal Year 2023-24 included in the staff report as Attachment B and attached
hereto.
SECTION 3: Notice is hereby given that a public hearing is scheduled in the regular
meeting place of the City Council, being the Council Chambers, City Hall, on the following date
and time:
Tuesday, July 18, 2023, at 7:00 p.m.
At that time, this legislative body will hear protests or objections in reference to the annual levy of
assessments and to any other matters contained in this resolution. Any persons who wish to
object to the proceedings or the annual levy should file a written protest with the City Clerk prior
to the time set for the public hearing. If there is a majority protest against the levy of an annual
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Resolution No. 23-
Page 2
assessment that is increased from the previous year, the proposed increase in the assessments
shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written
protests filed and not withdrawn, represent property owners owning more than 50 percent of the
assessable area of land within the District.
SECTION 4: The City Clerk is hereby authorized and directed to give notice as required
by law by causing a copy of this Resolution to be published in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway, not less than ten (10) days prior to the date
set for the public hearing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 6th day of June, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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