HomeMy WebLinkAbout2005-02-01; City Council; Resolution 2005-0331
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Exhibit 2
RESOLUTION NO. 2005-033
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITORY TO STREET LIGHTING
AND LANDSCAPING DISTRICT NO. 2 AND CONFIRMING
THE LEVY OF ASSESSMENTS THEREIN
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has
undertaken proceedings to form and did form a special maintenance district and to
authorize the levy of assessments therein to finance the annual maintenance and
servicing of certain landscaping and lighting improvements described in Exhibit A
attached hereto and incorporated herein by this reference (the “Improvements”)
pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15,
Part 2 of the Streets and Highways Code of the State of California (the “Landscaping
Act”), Article XlllD of the Constitution of the State of California (“Article XlllD”) and the
Proposition 21 8 Omnibus Implementation Act (Government Code Section 53750 and
following) (the “Implementation Act”) (the Landscaping Act, Article XlllD and the
Implementation Act may be referred to collectively herein as the “Assessment Law”),
such special maintenance district known and designated as STREET LIGHTING AND
LANDSCAPING DISTRICT NO. 2 (the “Maintenance District”), and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act
authorize and establish procedures for the annexation of territory to the Maintenance
District; and
WHEREAS, Section 22608 of the Landscaping Act provides that the
requirements of the Landscaping Act for the preparation of resolutions, an Engineer’s
Report, the notice of a public hearing to consider such annexation, the conduct of such
a public hearing and the right of majority protest may be waived with the written consent
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Exhibit 2
of all owners of property within the territory proposed to be annexed to the Maintenance
District; and
WHEREAS, Article XlllD and the Implementation Act also establish certain
procedural requirements that must be followed in order to authorize the levy
assessments within territory annexed to the Maintenance District; and
WHEREAS, the owners (each, an “Owner” and collectively, the “Owners”) of the
properties identified in Exhibit B attached hereto and incorporated herein by this
reference (each, a “Property” and collectively, the “Territory”) have entered into separate
“Agreements Regarding Annexation of Certain Real Property to Street Lighting and
Landscaping District No. 2 of the City of Carlsbad and Approval of the Levy of
Assessments on Such Real Property” (each, an “Annexation Agreement”); and
WHEREAS, by entering into such Annexation Agreements, each of the Owners
represented that such Owner desires that the Property owned by such Owner within the
Territory be annexed to the Maintenance District and that Maximum Annual Assessment
as set forth in Exhibit C attached hereto and incorporated herein by this reference be
authorized to be levied against such Property; and
WHEREAS, by entering into such Annexation Agreements and submitting the
assessment ballots contained in such Annexation Agreements, each of the Owners has
acknowledged the rights that such Owner has under the Assessment Law related to the
annexation of such Owner’s Property to the Maintenance District and the levy of
assessments on such Property and each such Owner has knowingly, intelligently,
voluntarily and irrevocably:
A. Waived any and all of the procedural requirements as prescribed in the
Landscaping Act to the annexation of such Owner’s Property to the Maintenance
District;
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Exhibit 2
B. Expressly consented to the annexation of such Owner's Property to the
Maintenance District;
C. Waived any and all of the procedural requirements as prescribed in the
Landscaping Act and/or Article XlllA applicable to the authorization to levy the Maximum
Annual Assessment against such Owner's Property;
D. Declared such Owner's support for, consent to and approval of the
authorization to levy the Maximum Annual Assessment against such Owner's Property;
Declared such Owner's support for, consent to and approval of the
adjustment in the Maximum Annual Assessment for inflation pursuant to the formula set
herein below; and
E.
F. Waived protest, complaint or legal action of any nature whatsoever
pertaining to the annexation of such Owner's Property to the Maintenance District andlor
to the levy of the Maximum Annual Assessment against such Owner's property; and,
WHEREAS, this City Council now desires to annex the Territory to the
Maintenance District and confirm the levy of assessments against the Properties within
the Territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
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2. Findinas and Determinations. This City Council hereby finds and
Recitals. The above recitals are all true and correct.
determines as follows:
A. Each of the Owners has expressed such Owner's desire that such
Owner's Property within the Territory be annexed to the Maintenance District.
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Exhibit 2
B. Each of the Owners has waived all procedural requirements under
the Assessment Law applicable to the annexation of such Owner’s Property to
the Maintenance District.
C. Each of the Owners has declared such Owner‘s support for the levy
of annual assessments on such Owner’s Property in amounts not to exceed the
Maximum Annual Assessment and the adjustment of the Maximum Annual
Assessment by the increase for the cost of living each year according to the
change in the Consumer Price Index for the San Diego County area.
D. The Maximum Annual Assessments proposed to be authorized to
be levied on each Property within the Territory shall not exceed the reasonable
cost of the proportional special benefit on each such Property conferred by the
I m prove m en ts .
E. The proportionate special benefit derived by each individual
Property assessed has been determined in relationship to the entirety of the cost
of the maintenance of the Improvements.
F.
G.
Annexation. This City Council hereby orders the annexation of the Territory
Only the special benefits have been assessed.
There are no publicly owned parcels within the Territory.
3.
to the District.
4. Levy of Assessments. This City Council hereby confirms the levy of
annual assessments against the lots and parcels within the Territory in amounts not to
exceed the applicable Maximum Annual Assessment.
The Maximum Annual Assessments will be increased each Fiscal Year without
further compliance with the assessment ballot procedures required under the
Assessment Law by the annual increase in the Consumer Price Index (CPI), during the
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Exhibit 2
preceding year ending in March, for All Urban Consumers for the San Diego County
area.
5. Orderincl of Maintenance. The public interest and convenience requires,
and this legislative body does hereby order the maintenance of the Improvements be
made and performed as said maintenance work is set forth in Exhibit A hereto.
6. Filing with Citv Clerk. The above-referenced diagram and assessment
shall be filed in the Office of the City Clerk. Said diagram and assessment, and the
certified copy thereof, shall be open for public inspection.
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Exhibit 2
7. Effective Date. This Resolution of Intention shall take effect immediately
upon its adoption.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 1st day of FEBRUARY , 2005 by the
following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
_- - CLAUDE A. LEWIS, Mayor MATT HALL, Mayor Pro fern
Attest:
1
LORRAINE M. W&OD, City Clekk
(Seal)
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Exhibit A
EXHIBIT A
THE IMPROVEMENTS AND THE MAINTENANCE
The Improvements. The Improvements that specially benefit the properties within the
Territory are described as follows: . Medians in Palomar Airport Road and Melrose Drive.
The landscaping improvements to be maintained and serviced include, but are not
limited to, plants, shrubbery and trees, irrigation systems, hardscapes, fixtures, sidewalks
and appurtenant facilities. Such landscaping improvements may be located in public street
and sidewalk rights-of-way, including medians, parkways and dedicated easements within
the boundaries of the Maintenance District. . Street lighting within and directly adjacent to the development.
The street lighting improvements to be maintained and serviced include, but are not
limited to, poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors,
posts and pedestals, metering devices and appurtenant facilities as required to provide
street lighting and traffic signals in public street and sidewalk rights-of-way and dedicated
easements within the boundaries of the Maintenance District.
The Maintenance.
The maintenance of such improvements shall include the furnishing of services and
materials for the ordinary and usual maintenance, operation, repair and servicing of such
landscaping and street lighting improvements and appurtenant facilities, including repair,
removal or replacement of all or a part of any landscaping, public lighting or appurtenant
facilities; providing for the life, growth, health and beauty of the landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the
removal of trimmings, rubbish, debris and other solid waste; and the cleaning,
sandblasting, and painting of improvements to remove or cover graffiti.
The servicing of the improvements shall include the furnishing of water for the
irrigation of the landscaping and the maintenance of any of the public lighting
improvements and the furnishing of electric current or energy, gas or other illuminating
agent for the public lighting facilities, or for the lighting or operation of the landscaping
improvements and the administration of all aspects of the Maintenance District.
A-I
Exhibit B
EXHIBIT B
THE OWNERS AND THE OWNERS' PROPERTIES
Description of Owner's Property
(Assessor's Parcel Number) Name of Owner
Palomar Forum Associates, LP 221-014-01 to 07
221-015-01 to 06
B -1
Exhibit C
EXHIBIT C
MAXIMUM ANNUAL ASSESSMENT
Description Maximum
of Property Annual
(APN) Assessment
221-014-01 $4,423.18
221-014-02 $3,613.86
221 -014-03 $6,210.08
221-014-04 $5,432.81
221-014-05 $190.31
22 1 -0 1 4-07 $1 52.25
221 -01 5-0 1 $4,198.81
221-014-06 $1,514.46
221 -01 5-02 $7,019.39
221 -01 5-03 $1,674.72
221 -01 5-04 $3,085.01
221 -01 5-05 $0.00
221-015-06 $4,190.80
c -1