Item 12 - LMD 83-1
AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~ r
INITIATED BY: Jim Howell, Director of Public Work
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 314-194-51-00, Robert Lamagno, Owner
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) 314-194-
51-00 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 owner, Robert Lamagna,
has consented to the annexation of the subject parcel. Staff is requesting approval of the attached
resolution for annexation of APN 314-194-51-00 into LMD 83-1 and Liahtina District Zones A and C.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
FISCAL IMPACT
The annexation of the parcel will add $236.96 per year to LMD 83-1 revenues, $30.00 per year to Lighting
District Zone A, and $27.16 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 Robert Lamagno.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution for annexation of APN 314-194-51-
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
1 of 7 March 1, 2005, Item # I 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 it 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:
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~ '
Jim Howell, Director of Public work~ (?f) ____
Dennis K. Quillen, Assistant Director Public Works~
Patricia S. Nelson, Assessment Distri t specialistr
March 1, 2005
INITIATED BY:
DATE:
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 Number314-194-51-00. Robert Lamagno,
Owner
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) 314-194-51-00 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 (TPM) 03-05 under City Policy and Assessment Law, the
property owners of APN 314-194-51-00, are required to annex the parcel into Landscape
Maintenance District (LMD) 83-1 and Lighting District Zones A and C.
2017
March 1, 2005, Item # I;;'"
Annexation - APN 314-194-51-00: Lamaano
March 1, 2005
Page 2
The property owner, Robert Lamagno has 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 $236.96 per year to LMD 83-1 revenues, $30.00 per
year to Lighting District Zone A, and $27.16 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 Robert Lamagno.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution for annexation of
APN 314-194-51-00 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 - Robert Lamagno
3of7
March 1, 2005, Item #
/)..
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 A AND C
WITH THE ANNEXATION OF APN 314-194-51-00
WITH WRITTEN CONSENT OF PROPERTY OWNER
ROBERT LAMAGNO
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 # J).
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 1 st 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
5of7
March 1,2005, Item #..12::
CITY OF POWAY
MICKEY CAFAGNA, Mayor
lION HlQQIN&ON, Deputy Mayor
BOB I!MItIIY, ~
JAY GOLDBY, Councllmember
BeTTY REXFOftD, CouncI"'-'ber
CONSENT TO ANNEXATION
FOR THE INCLUSION OF PROPERTIES INTO
CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT 83.1A
AND CITY OF POWA Y 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 County Assessor Parcel No. 314-194-51-00 [legally described as A PORTION OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 1646, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 16,1947], within PowayTM 03-05, two (2) new
parcels, and any subsequent parcels created by the subdivision of said parcels; and
WHEREAS, the aforementioned property was developed by subdivision, and will receive special benefit
from City [District]-maintained street lighting and landscaping; and
WHEREAS, the undersigned owner(s) do hereby consent to annexation into Poway Landscape
Maintenance District 83-1A 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,
determined upon completion of the project, as written within the yearly LMD 83-1 Engineer's Reports (to be
collected annually within the County Tax Roll), 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.
EXECUTpD ON _~OUII!.""~
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Property Owner (printed name)
I!'\ ,2004,
, California.
Title (if applicable)
Title (if applicable)
Approved as to form:
~'i1J62
EXHIBIT 1
City of Poway
~:~~~
March 1, 2005, Item # /,;2-
60f7
EXHIBIT A
TPM 03-05
APN 314-194-51-00
Legal description: A PORTION OF THE
NORTH HALF OF THE NORTHEAST
QUARTER OF SECTION 12, TOWNSHIP
14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, AS
SHOWN ON RECORD OF SURVEY NO.
1646, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO
COUNTY, OCTOBER 16,1947
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BOUNDARY OF LMD 83-1A
70f7
March 1, 2005, Item #
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