Item 15.1 - Annexation into Landscape Maintenance District (LMD) 86-.1 A GEND���R F PORT_S.0 M M A R Y •
IP
TO: Honorable Mayor and Members of the City Council
OF ip
FROM: James L. Bowersox, City Manaj-
INITIATED BY: James R. Williams, Director of Public Services �,r°/
Patricia S. Nelson, Management Aide ��`"J TW °J/
DATE: March 24, 1998
SUBJECT: Annexation_into.Landscape_Maintenance))istrictjLMD]_861:_Portions_oLAPNs
27_'L17.0=01_00,_2.7-717.0_-04-00,_and 27.i11-26_-OO,Environmental.Development
Ltd.,.Property_Owner
ABSTRACT
On January 13, 1998, City Council approved the Final Parcel Map for Boundary Adjustment (BA 97-07)
and directed its recordation. Under current District policy, this map is to be annexed into a Landscape
Maintenance District (LMD). The map is within the boundaries of LMD 86-1.
Bruce Tabb, Environmental Development Ltd. has consented to annexation into LMD 86-1 as shown on
Exhibit A of the proposed attached resolution.
ENVIRONMENTALREYLEW
This item is not subject to CEQA review.
FISCALJMPACT
None at this time.
ADDITIONAL_PUBLICN.OTIFICATION_AND_CORRESPONDENCE
A copy of this report has been mailed to Bruce Tabb, President for Environmental Development Ltd.
1
RECOMMENDATION
It is recommended that the City Council 1) approve the attached resolution for annexation of those
portions of APNs 277-170-01-00, 277-170-04-00, and 277-171-26-00 as described in Exhibit A of
resolution, and 2) allow Environmental Development Ltd., its heir(s) or successor(s) maintaining
landscaped improvements along Old Coach Road from the entrance at Espola Road north in lieu of
assessments to be collected by the District.
ACTION Q
Approved staff recommendation. 5-0. A ���„�A
Lori Anne Peoples , Assistant V;ity Clerk
•
MAR 2 4 1998 ITEM 15.1
fitAGENDA REPORT /or°F eoWir
CITY OF POWAY
This report is included on the Consent Calendar.There will be no separate discussion of the report prior to approval by the 1
City Council unless members of the Council.staff or public request it to be removed from the Consent Calendar and •?y 41.4./
discussed
discussed separately.If you wish to have this report pulled for discussion,please fill out a slip indicating the report number -.9n IN THE Co''
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man.
INITIATED BY: James R. Williams, Director of Public Services p(U
Patricia S. Nelson, Management Aide,q .r (�
DATE: March 24, 1998 vV
SUBJECT: Annexation intol.andscaptMaintenance_District jLMD]-861:
PortionsoLAP_Ns27717101_-00,277-17.0_-04-00,_and_2.7-7_17126=00,
EnvironmentaliexelopmentLtd.,Yroperty_Owner
BACKGROUND
Under the State Landscape and Lighting Act of 1972, Landscape Maintenance District 86-1
was formed on June 12, 1986. Resolution No. 93-026, adopted by Council February 4, 1993,
allows for the annexation of and the collection of annual assessments from new
commercial/industrial properties that are within a landscape maintenance district.
FINDINGS
The property, owned by Environmental Development Ltd., lies within LMD 86-1, and
therefore is subject to annexation. Under a landscaping agreement between the City and
Environmental Development Ltd., dated June 26, 1996 (see Attachment 2), Environmental
Development is to maintain the improvements along Old Coach Road and Espola Road until
such time as all future development has been annexed into the District.
The landscaping at Old Coach Road and Espola Road consists of large amounts of turf, exotic
Queen Palms, and a very decorative retaining/entrance wall. These landscape improvements
would normally be maintained by the assessments collected from the commercial Old Coach
Golf Estate golf course. However, this landscaping is not consistent with existing LMD 86-1
landscape improvements nor with City/LMD specifications. The area requires a higher level
ACTION:
See Summary Sheet.
v\
t9Att 2 4 1998 ITEM 15,1
Agenda Report: Annexation of Environmental Development Ltd.
Old Coach Golf Estates Golf Course
March 241998
Page 2
of funding and maintenance. Therefore, the property owners of the golf course shall continue
to maintain this area. This will cause no assessment to be collected as long as the landscaping
is maintained in a satisfactory manner.
Should the landscaping become unkempt, as determined by City/LMD standards, the landscape
maintenance district may choose to ballot the adjacent property owners, as well as the property
owners of the golf course, under the guidelines of Proposition 218, SB 919, and any
subsequent laws for the additional collection of assessments to maintain this area.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
None at this time.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been mailed to Bruce Tabb, President for Environmental
Development Ltd.
RECOMMENDATION
It is recommended that the City Council 1) approve the attached resolution for annexation of
those portions of APNs 277-170-01-00, 277-170-04-00, and 277-171-26-00 as described in
Exhibit A of resolution, and 2) allow Environmental Development Ltd., its heir(s) or
successor(s) maintaining landscaped improvements along Old Coach Road from the entrance at
Espola Road north in lieu of assessments to be collected by the District.
JLB:JRW:PSN
Attachment:
1. Resolution for Annexation with Owner Consent to Annexation into Landscape
Maintenance District 86-1
2. Landscape Maintenance Agreement Old Coach Golf Estates, Old Coach Road
Landscape Improvements
• MAR 2 4 1998 ITEM 15.1
• •
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ORDERING THE EXPANSION OF POWAY
LANDSCAPE MAINTENANCE DISTRICT 86-1
WITH THE ANNEXATION OF PORTIONS OF
APNs 277-170-01-00, 277-170-04-00, AND 277-171-26-00
WITH WRITTEN CONSENT OF PROPERTY OWNER
WHEREAS, the City Council of the City of Poway desires to expand Poway
Landscape Maintenance District 86-1 for the purposes of maintaining, servicing, and
operating said district as shown in Exhibit "A" pursuant to the Landscape and Lighting
Act of 1972; and
WHEREAS, the record owner of all the real property within said expansion area
has given written consent to the formation and annexation into Poway Landscape
Maintenance District 86-1 pursuant to California Streets and Highway Code, Section
22608.1; and
WHEREAS, the public interest and convenience require the maintenance,
service, and operation of public landscape facilities within said territory.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Poway does hereby resolve as follows:
1. The foregoing recitals are true and correct, and the City Council so finds
and determines.
2. All of that certain territory shown in Exhibit "A," attached hereto, is hereby
added by annexation into Poway Landscape Maintenance District 86-1.
PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 24th day of March, 1998.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
MAR 2 4 1998 ITEM '15.1
4 Zr
lbC
ITY OF Powfi .wqY
DON HIGGINSON,Mayor
/AY GOLDS Y,Deputy Mayan tr.lish
MICKEY CAFAGNA.Councilmember
BOB EMERY,CouodlmemberL�
sem ROCEORD,Couodlmember ufty.:40-
CONSENT TO ANNEXATION
FOR THE INCLUSION OF PROPERTIES INTO
CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT 86-1
AND CITY OF POWAY CITY LIGHTING DISTRICT, ZONES A AND C
WHEREAS, the undersigned constitute(s) 100 percent ownership [or has legal signature authority representing
100 percent ownership] of the property shown in Exhibit A, attached hereto, and generally described as portions of
County Assessor Parcel Nos. 277-170-01-00, 277-170-04-00, and 277-171-26, as they relate to Phase II, Unit I of
TM 89-13R, consisting of 20122 acre; and
WHEREAS, the legal description of the Golf Course property is as follows:
Parcel 3 of Parcel Map No. 17989, in the City of Poway, County of San Diego, State .
of California, filed in the office of the County Recorder of San Diego County,
February 25, 1998 as File No. 1998-0099090 of Official Records; and
WHEREAS, any subsequent parcels created by any future subdivision of said parcels shall become a part of
this annexation; and
WHEREAS, the aforementioned property is proposed to be developed by subdivision and will receive special
benefit from City [District]-maintained street lighting and landcraping; and
WHEREAS, the undersigned owner(s) do hereby consent to annexation into Poway Landscape Maintenance
District 86-1 and the City of Poway City Lighting District, Zones A and C, pursuant to the California Streets and
Highways Code Section 22608.1; and
WHEREAS, the undersigned owner(s) consent to assessments levied under the assessment formulas as written
within the yearly LMD 86-1 Engineer's Reports, and hereby acknowledges receipt of the landscaping and lighting
benefits to said property.
PURSUANT to Section 22608.2 of the Streets and Highways Code of the State of California, these properties
will be included within the required Engineer's Report. The signing of this consent to annexation precludes any and
all notice and hearing requirements for the first year's Report.
EXECUTED ON ,3—/c, , 1998,
at ..5 ,n 7c.a5..‹,j , California.
fslt/i ,Jcve/7291 ,TeiA7cAm3vr _
Property Owne rimed name/title) . • •..rty Owner (primed name/title)
Property Owner (signature) Property • •,: signature)
Property rimed name/title) Property Owner(printed ... .,e/title)
Property Owner (signature) Property Owner (signature)
Approved as to form: City of Poway
CITY ATTORNEY CITY MANAGER
•
0MAR 2 4 1998 ITEM 15.1
- EXHIBIT A — ATTAt1T 1
EXHIBIT "A"
' OLD COACH GOLF COURSE
•
TIM 89-13R-PARCEL 3 OF MAP NO. 17989
ift era , .
NO SCALE
• VICINITY MAP
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BOUNDARY OF LMD 86-1
~-" —" MAR 2 4 1998 ITEM 15,1
7 •
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• R_i
LANDSCAPE MAINTENANCE AGREEMENT
OLD COACH GOLF ESTATES
l OLD COACH ROAD LANDSCAPE IMPROVEMENTS
During the development and construction of Old Coach Golf Estates, Phase I, landscape
improvements within the rights-of-way of Espola and Old Coach Roads are proposed to be added
to Landscape Maintenance District [LMD] 86-1. It has been determined that the inclusion of
improvements along Old Coach Road would put an undue burden upon the District's budget for
a project of this size. The 39 parcels proposed to be annexed with final map are proposed to be
assessed at a rate of$261 per unit, or$10,179. This amount would allow only for the
maintenance of improvements added to the District along Espola Road.
This agreement is, therefore, being entered into by the property owner, Environmental
Development, Ltd., as applicant for final map, ensuring that Environmental Development, Ltd.,
its heirs, or successors, shall maintain the landscape improvements along Old Coach Road until
such time as all future development (residential and commercial) of Old Coach Golf Estates has
been annexed into the District to fund said improvements.
This agreement shall become effective upon the City's acceptance of project I
improvements associated with Old Coach Golf Estates, Phase I. All improvements are to be
maintained to City standards and specifications.
EXECUTED this 7? day of 2.e_ , 1996
By Bruce Tabb, President, on Behalf of Environmental Development, Ltd.
6.____Eic:_e_e_
(Signature)
ACCEPTED this // +
2(� l'aay of lesat a 1 1996
By James L. Bowersox, City Ma$ r, on Behalf of the City of Poway
`aU �11.A. .t'. . t). ii)
111 (Signature)
9REBY APPROVE the form and legality of the for g agreement this 2-/day
of �.` , 1996. ' _
Step Or . Eckis, City Attorney ---=::: ,.
City of Poway • • '
ATTACI-NENT 2
7 :,p
\ MAR 2 4 1998 ITEM 11