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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 1of7 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. 2of7 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 30f7 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 40f7 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 50f7 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. EXE~UTED ON ....-J pq y\. ;) ') , 2005, at ..y D lA.... t<}. '7 , California. f p. 0'.> p~.a.o j), C; fl t.. L I Po t..r P pert wnerg~nt e , rope y Owner (sig ture) 19....... (V (l 'Z Title (if applicable) Approved as to form: CITY ATTORNEY c;2j~h/C. ~j 6of7 City of Poway CITYMA~ 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 NO SCALE .~ Poway Rd Twin Peaks Rd ij1 '0 C ~ Janette Ln ':E ~ '" 8- '" w SITE VICINITY MAP No Scale ~ f--- . I ~ '! @ ~.__....... (. CD @ '" . ! . --. """" -./u,.,.s,.,.,,<. '.. -. ~ .. @~ .'fI. @ @ (;) '" (;) .s>. @ @ , . -.. . i! I <ill> '@ @ @ '" (;) " - .. .. . - , I n , ::t i (;) :fl. &;. !fl. (;) @ @ ~. : ~ . -~ @ !!> , , fl , @ II> 10: @ i ~ @ I."". - - -. -- , .. .i .. r-" ....".. '" - ~, _t .... .'ii(" .-", , ~, ,,,. <1>""- ~ @ .Jl~.~ ;@ fiJ. .51.~ @ @ IJ @ @ !to <!j ~ , . , -j @ @ @ . - f" .. .. ~. .... J 70f7 BOUNDARY OF LMD 83-1 March 1, 2005, Item # I {