Item 11 - LMD 83-1
FROM:
AGENDA REPORT SUMMARY
TO:
INITIATED BY: Jim Howell, Director of Public Wor
DATE:
March 1, 2005
SUBJECT:
Resolution Ordering the Expansion of Poway Landscape Maintenance District 83-1
and Poway Lighting District Zones A and C: Annexation by Consent for Assessor
Parcel Number 314-242-19-00, Prospero and Antonia Gallipoli, Owners
ABSTRACT
Pursuant to California Assessment Law contained within the 1972 Landscape and Lighting Act and City of
Poway District Policy (Resolution 00-034), the property owners of Assessor Parcel Number (APN) 314-242-
19-00 are required to annex said parcel into Landscape Maintenance District (LMD) 83-1 and Lighting
District Zones A and C. This parcel, being adjacent to and receiving access along Midland Road, receives
a direct benefit from District landscaping and lighting improvements. The property owners, Prospero and
Antonia Gallipoli, have consented to the annexation of the subject parcel. Staff is requesting approval of
the attached resolution for annexation of APN 314-242-19-00 into LMD 83-1 and Lighting District Zones A
and C.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
FISCAL IMPACT
The annexation of the parcel will add $118.48 per year to LMD 83-1 revenues, $15.00 per year to Lighting
District Zone A, and $13.58 per year to Lighting District Zone C, as outlined in the Districts' Fiscal Year
2004/2005 Engineer's Reports. The assessments are subject to change by ballot as outlined within
Assessment Law of the California Constitution. Collection of assessments is made through the San Diego
County property tax roll and will begin Fiscal Year 2005/2006.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been mailed to Prospero and Antonia Gallipoli.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution for annexation of APN 314-
242-19-00 into LMD 83-1 and the Poway Lighting District, Zones A and C, and direct the City Clerk to
record the document with the County of San Diego.
ACTION
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March 1, 2005, Item # J J
CITY OF POWAY
AGENDA REPORT
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the
Council, staff or public request i1 to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please
fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting.
TO:
Honorable Mayor and Members
ublic Works ~
Specialist ~
FROM:
James L. Bowersox, City Man
INITIATED BY:
Jim Howell, Director of Public Wor s
Dennis K. Quillen, Assistant Director 0
Patricia S. Nelson, Assessment Distric
DATE:
March 1, 2005
SUBJECT:
Resolution Ordering the Expansion of Poway Landscape Maintenance
District 83-1 and Poway Lighting District Zones A and C: Annexation by
Consent for Assessor Parcel Number 314-242-19-00. Prospero and
Antonia Gallipoli - Owners
BACKGROUND
Landscape Maintenance District (LMD) 83-1 was formed on June 14, 1983 and is governed
by the California Streets and Highway Code, Landscape and Lighting Act of 1972. The
Poway Lighting District, formed under the County of San Diego and subsequently conveyed
to the City of Poway, is governed by the same Act. Resolution No. 00-034, adopted by the
City Council May 2, 2000 (Approving Amended Policy for the Landscape Maintenance
Districts and Establishing New City Lighting District Policy), allows for the annexation of, and
the collection of annual assessments from all new residential development receiving benefit
from improvements.
FINDINGS
Assessor Parcel Number (APN) 314-242-19-00 lies within LMD 83-1 and Lighting District
Zones A and C. The parcel receives access through, and benefits from, District landscaping
and lighting along Midland Road between Janette Lane and Somerset Road. As defined
within Assessment Law, parcels receiving special benefit shall be annexed through owner
consent, or petition, into the appropriate Landscape and Lighting Districts.
As a condition of Development (MORA) 03-81 under City Policy and Assessment Law, the
property owners of APN 314-242-19-00, are required to annex the parcel into Landscape
Maintenance District (LMD) 83-1 and Lighting District Zones A and C.
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March 1, 2005, Item # / I
Annexation - APN 314-242-19-00: Gallipoli
March 1, 2005
Page 2
The property owners, Prospero and Antonia Gallipoli have signed the Consent to Annexation
as shown in Exhibit 1 of the attached resolution.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
The annexation of the parcel will add $118.48 per year to LMD 83-1 revenues, $15.00 per
year to Lighting District Zone A, and $13.58 per year to Lighting District Zone C, as outlined
in the Districts' Fiscal Year 2004/2005 Engineer's Reports. The assessments are subject to
change by ballot as outlined within Assessment Law of the California Constitution. Collection
of assessments is made through the San Diego County property tax roll and will begin Fiscal
Year 2005/2006.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been mailed to Prospero and Antonia Gallipoli.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution for annexation of
APN 314-242-19-00 into LMD 83-1 and the Poway Lighting District, Zones A and C, and
direct the City Clerk to record the document with the County of San Diego.
JLB:JRH:DKQ:PSN
Attachments
1. Resolution for Annexation with Owner Consent into Landscape Maintenance
District 83-1 - Prospero and Antonia Gallipoli
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March 1, 2005, Item # -1L
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ORDERING THE EXPANSION OF POWAY
LANDSCAPE MAINTENANCE DISTRICT 83-1
AND CITY OF POWAY CITY LIGHTING DISTRICT, ZONES AAND C
WITH THE ANNEXATION OF APN 314-242-19-00
WITH WRITTEN CONSENT OF PROPERTY OWNER
PROSPERO AND ANTONIA GALLI POll
AS DESCRIBED WITHIN EXHIBIT A
ATTACHED HEREIN
WHEREAS, the City Council of the City of Poway desires to expand Poway
Landscape Maintenance District 83-1 as shown in Exhibit A of the Consent to Annexation,
attached hereto, for the purposes of maintaining, servicing, and operating said District
pursuant to the Landscape and Lighting Act of 1972, and its codicils; and
WHEREAS, the record owner of all the real property within said expansion area has
given written consent to the annexation into Poway Landscape Maintenance District 83-1
and Lighting District Zones A and C as shown in Exhibit A 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; and
WHEREAS, the City Clerk of the City of Poway is hereby directed to record this
document with the County Recorder of the County of San Diego.
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 of the Consent to Annexation,
attached hereto, is hereby added by annexation into Poway Landscape
Maintenance District 83-1 and Lighting District Zones A and C.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a
certified copy of this Resolution to be recorded in the Office of the Recorder of San Diego
County.
ATTACHMENT 1
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March 1, 2005, Item # II
Resolution 05-
Page 2
PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 1st day of March 2005.
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury, that the foregoing Resolution No. 05- , was duly adopted by the
City Council at a meeting of said City Council held on the 1st day of March 2005, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
L. Diane Shea, City Clerk
City of Poway
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March 1, 2005, Item #JL
CITY OF POW A Y
MICKEY CAFAGNA, Mayor
BOB EMERY, Deputy Mayor
MERRILEE BOYACK, Councilmember
DON HIGGINSON, Councilmember
BETrY REXFORD, Councilmember
CONSENT TO ANNEXATION
FOR THE INCLUSION OF PROPERTIES INTO
CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT 83-1
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 legally described as Parcel 1 : the
west 66 feet of the East 2 acres of the South 5 acres of the Southeast quarter of the
Southeast Quarter of Section 12, Township 14 South, Range 2 West, San Bernardino
meridian, according to Official Plat thereof, known herein as County Assessor Parcel No.
314-242-19-00, including any/all subsequent parcels created by the subdivision of said parcel; and
WHEREAS, the aforementioned property was developed by subdivision as part of the
South Poway Business Park Specific Plan, and will receive special benefit from City [District]-
maintained street lighting and landscaping; and
WHEREAS, the undersigned owner(s) does hereby consent to annexation into Poway
Landscape Maintenance District 83-1 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) consents to assessments levied under the
assessment formulas as written within the yearly LMD 83-1 Engineer's Reports, and hereby
acknowledges receipt of the landscaping and lighting benefits to said property; and
WHEREAS, the undersigned acknowledges the collection of said assessments as being
collected via the County of San Diego County Tax Roll as an annual assessment.
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.
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Title (if applicable)
Approved as to form:
CITY ATTORNEY
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City of Poway
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EXHIBIT '&11)) .
March 1, 2005, Item # If
EXHIBIT "A"
MDRA 03-81
GALLlPOLl
Parcel 1 : the west 66 feet of the East
2 acres of the South 5 acres of the
Southeast quarter of the Southeast
Quarter of Section 12, Township 14
South, Range 2 West, San Bernardino
meridian, according to Official Plat
thereof, also know as
APN 314-242-19-00
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70f7
BOUNDARY OF LMD 83-1
March 1, 2005, Item # I {