Res 93-026RESOLUTION NO. 93-026
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING NEW AND AMENDED POLICIES
FOR THE LANDSCAPE MAINTENANCE DISTRICTS
AND RESCINDING RESOLUTION NO. 92-39
WHEREAS, in order to comply with the Landscaping and Lighting
Act of 1972, it is necessary to implement specific policies; and
WHEREAS, Council, on February 25, 1992, appointed a Blue
Ribbon Committee to discuss concerns arising from the current
Landscape Maintenance District policies for the purpose of amending
these policies; and
WHEREAS, the City Council of the City of Poway discussed the
committee's findings at the City Council meeting of February
4,1993; and
NOW, THEREFORE, the City Council of the City of Poway does
hereby find, resolve, and determine the Landscape Maintenance
Districts' policies, under the California Landscape and Lighting
Act, as follows:
Section ~: ANNEXATION
Ail new residential subdivisions consisting of five or
more lots, and commercial/industrial developments, shall
be annexed into the appropriate landscape maintenance
district.
Be
Residential subdivisions containing less than five lots,
receiving direct benefit (i.e., having direct access
through, or are immediately adjacent to, developments
containing improvements maintained by a landscape
maintenance district) from a landscape maintenance
district, shall be annexed into the appropriate district.
Ail new subdivisions and commercial/industrial
developments that contain district improvements,
have direct access through, or are immediately
adjacent to developments containing improvements
maintained by a landscape maintenance district,
shall be annexed into the appropriate district.
Section Z: ASSESSMENTS
ae
Ail new subdivisions and commercial/industrial
developments that contain district improvements, have
direct access through, or are immediately adjacent to
Resolution No. 93-026
Page 2
developments containing improvements maintained by a
landscape maintenance district, shall be assessed at 100
percent benefit.
Be
Ail other subdivisions consisting of five or more lots,
and commercial/industrial developments that do not meet
the above criteria, shall be annexed into the appropriate
district, and shall be assessed at a 50 percent rate.
Section 3: SUBZONES
Except for LMD 87-1, all new commercial and industrial
developments shall be annexed as a subzone into the
appropriate landscape maintenance district.
Subzones will be formed when locations and extent of
improvements in various areas receive different degrees
of benefit from the improvements, pursuant to State law,
Streets and Highway Code, Subsection 22574.
Subzones shall financially support their base district
improvements proportionate to their benefit.
Section 4: CONSTRUCTION AND MAINTENANC~
ae
The landscape maintenance districts are responsible for
the reconstruction, replacement, maintenance, and
renovation of improvements within their districts.
Be
The landscape maintenance districts are not responsible
for the financing, construction, or installation of, City
or Redevelopment Agency improvements.
Ce
The landscape maintenance districts are not responsible
for the construction of any new capital improvement
projects within their districts.
De
The landscape maintenance districts are not responsible
for the construction, reconstruction, replacement,
maintenance, or renovation of trails which are of benefit
to the entire City.
Section 5: LOANS
Funds may be borrowed by a district in order to offset
deficits incurred during any fiscal year per Street and
Highways Code Section 22657. This loan will be paid back,
with interest, at the prevailing interest rate, and shall be
charged against the borrowing district's assessments.
Resolution No. 93-026
Page 3
Section 6: ASSESSMENT STABILIZATION
During the period of time after property annexation and prior
to an acceptance of the maintenance of improvements, the
assessments received for all new developments that contain LMD
improvements shall be placed in a reserve fund. Upon the
acceptance of improvements, the assessments received from that
development shall be included in the operating revenue for the
district. The reserve funds can be used to offset
assessments, new LMD improvements, renovations, and/or placed
within an interest bearing reserve account.
Section 7: INCIDENTAL EXPENDITURES
Incidental expenditures, (in accordance with the Streets and
Highway Code [Attachment A], Section 22526), include the
following new policies:
The costs of preparation of the Engineer's report,
including plans, specifications, estimates, diagram, and
assessment;
The costs of printing, advertising, and the giving of
published, posted, and mailed notices;
Compensation payable to the county for collection of
assessments;
De
Compensation of any engineer or attorney employed to
render services in district proceedings;
Ee
Any other expenses incidental to the construction or
installation of the improvements or to the maintenance
and servicing thereof.
Section 8: COMMITTEE STRUCTURE
A Landscape Maintenance District Advisory Committee may
appoint an Ad Hoc Committee for the purpose of reviewing the
Engineer's Reports, award of bids and budgets, and to review
the LMD policies and procedures.
Section 9: Resolution No. 92-39 is hereby rescinded.
Resolution No. 93-026
Page 4
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California, at an adjourned regular meeting thereof this 4th day of February,
1993.
Don Higginson, May~dLJ
ATTEST:
Marjo~ie K. Wahlsten, City Clerk
\,
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No.
93-026 was duly adopted by the City Council at a meeting of said City Council
held on the 4th day of February , 1993, and that it was so adopted by
the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjc~Yie\K. Wahlsten, City Clerk
City iof Poway