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BACKGROUND The Laguna Oaks subdivision is a 161 single family residential project located east of Foothill Road and north of Bernal Avenue. The CC &R's for the project created a Homeowners Association (HOA) which maintains certain private improvements such as the clubhouse, and imposes dues on its members for this purpose. In 1996, a Lighting and Landscape Maintenance District was created to maintain the landscaped and open space areas, entry area, masonry soundwalls (at the entry and along the eastern boundary), wrought iron fences, common area drainage ditches, irrigation systems, trees and plantings, street lights and pathway lighting. The Maintenance District is administered by the City, and members within the District are assessed annually for their proportional share of the maintenance costs. In 1999, the City and the HOA agreed to have the HOA assume the maintenance and repair responsibilities for the improvements that had been maintained by the District. (The HOA believed it could have this work performed less expensively than through the District.) Accordingly, the City approved the suspension of the assessments based on the commitment of the HOA that there would be no reduction in the level of landscaping, maintenance and repairs. To date, this arrangement has worked out satisfactorily for all concerned. Recently it was discovered that the list of improvements set forth in the Agreement did not totally match the list of improvements identified in the District formation documents. For example, the Agreement did not specifically identify the masonry walls nor the wrought iron fences as improvements that need to be maintained or repaired. City staff discussed this oversight with HOA representatives and the HOA agreed that an amendment to the Agreement was in order. DISCUSSION The list of improvements in the proposed amendment that the HOA will maintain and repair tracks the list of improvements that were in the District formation documents. These include designated landscaped and open space areas, entry features, entry lighting, masonry soundwalls (at the entry and along the eastern boundary), wrought iron fencing, common area drainage ditches, irrigation systems, street lights and pathway lighting and trees and plantings in designated landscaped areas. The HOA is obligated to maintain, repair and, where necessary, replace these improvements, as well as to maintain the landscaping in a healthy and attractive manner. To date, the HOA has maintained and repaired these improvements without City involvement. Staff is not expecting that situation to change in the future. Page 2 of 3