HomeMy WebLinkAbout2007-01-09; City Council; 18858; Street lighting and landscaping district no. 2CITY OF CARLSBAD - AGENDA BILL
AB# 18,858
MTG. 01/09/07
DEPT. FIN
STREET LIGHTING AND
LANDSCAPING DISTRICT NO. 2
A Ihllkl^V Anri/^M /"\l™ TLJC f* A m C*D A nANNEXATION Or THE CARLSBAD
OAKS NORTH INDUSTRIAL
DEVELOPMENT
DEPT. HEACU<f^' .
CITY ATTY. LU
CITY MGR. JL^
^^
RECOMMENDED ACTION:
Adopt Resolution No. 2007-006 ordering the annexation of territory to Street
Lighting and Landscaping District No. 2 and confirming the levy of assessments.
ITEM EXPLANATION:
Background
On November 18, 2003, the City Council formed Street Lighting and Landscaping District
No. 2 ("District No. 2"). District No. 2 was formed for new development in the City, to pay
for the costs of street lights, street trees and medians within those areas. Street lights,
street trees and medians in the developed parts of the City are paid from assessments
within Street Lighting and Landscaping District No. 1 ("District No. 1").
Each development within District No. 2 is considered a separate zone, with their own
assessment based on the costs for that particular area of the City. There are currently
eight zones in District No. 2, including Calavera Hills II, Kelly Ranch, the Oaks South, the
Thompson/Tabata, Palomar Forum/Carlsbad Raceway, Bressi Ranch, the Greens and
the Ridge developments. The City requires developers of larger communities within the
City to be annexed into District No. 2, as a condition for development.
Annexation of the Carlsbad Oaks North Industrial Development
The Carlsbad Oaks North Industrial development is required to annex into District No. 2
as a condition for development. The property owner, Techbilt Construction
Corporation/Carlsbad Oaks North Partners, L.P., has completed the required Agreement
Regarding Annexation of Certain Real Property to the City of Carlsbad Street Lighting
and Landscape District No. 2 and Approval of the Levy of Assessments on Such Real
Property ("Agreement"), and has cast a positive ballot for the annexation of property. The
election was held on December 28, 2006. The City Clerk completed a Statement of
Votes Cast showing one vote cast in favor of the proposition, and zero votes cast against
the proposition. Through the signing of the Agreement, the property owner has waived all
of the procedural requirements as prescribed in the Landscaping Act to the annexation of
their property to District No. 2.
DEPARTMENT CONTACT: Kevin Branca 760-602-2430 kbran@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONL Y.
COUNCIL ACTION: APPROVED
DENIED
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AMENDED
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Council may formally authorize the annexation by certifying and adding the property into
District No. 2. After Council authorization, a Notice of Annexation (on file with the City
Clerk) will be filed with the County Recorder.
FISCAL IMPACT:
The parcels within this newly annexed development will not be assessed until the 2007-
08 Fiscal Year. In June of 2007, staff will return to Council to set the maximum and actual
assessment rates for the 2007-08 Fiscal Year for each zone in District No. 2. The
maximum rate is the maximum annual assessment rate that can be assessed on a
particular parcel. The rate is calculated by adding up all the costs of maintenance and
replacements, assuming that all of the improvements in each zone were fully maintained
by the City. The assessment rate can only increase by the change in the Consumer Price
Index (CPI) on an annual basis.
The maximum annual assessment rate per equivalent dwelling unit (EDU) is $46.77 for
Fiscal Year 2006-07.
Through the use of the simplified annexation procedure, both the City and the owner are
able to avoid election costs and additional time delays. The developer has paid a fee of
$4,400 to cover annexation processing and assessment engineering costs.
EXHIBITS:
1. Resolution No. 2007-006 ordering the annexation of territory to Street Lighting
and Landscaping District No. 2 and confirming the levy of assessments therein, with
Exhibits A, B and C.
Exhibit 1
RESOLUTION NO. 2007-006
2
3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING THE ANNEXATION
4 OF TERRITORY TO STREET LIGHTING AND LANDSCAPING
DISTRICT NO. 2, ZONE 9, AND CONFIRMING THE LEVY OF
5 ASSESSMENTS THEREIN
6
7 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has
8 undertaken proceedings to form and did form a special maintenance district and to authorize the
9 levy of assessments therein to finance the annual maintenance and servicing of certain
10 landscaping and lighting improvements described in Exhibit A attached hereto and incorporated
11 herein by this reference (the "Improvements") pursuant to the terms of the "Landscaping and
12 Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of
13 California (the "Landscaping Act"), Article XIIID of the Constitution of the State of California
14 ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code
15 Section 53750 and following) (the "Implementation Act") (the Landscaping Act, Article XIIID and
16 the Implementation Act may be referred to collectively herein as the "Assessment Law"), such
17 special maintenance district known and designated as STREET LIGHTING AND
18 LANDSCAPING DISTRICT NO. 2, ZONE 9, (the "Maintenance District"); and
19 WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act authorize
20 and establish procedures for the annexation of territory to the Maintenance District; and
21 WHEREAS, Section 22608 of the Landscaping Act provides that the requirements of the
22 Landscaping Act for the preparation of resolutions, an Engineer's Report, the notice of a public
23 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 of all owners of property within the
25 territory proposed to be annexed to the Maintenance District; and
WHEREAS, Article XIIID and the Implementation Act also establish certain procedural
27 requirements that must be followed in order to authorize the levy assessments within territory
annexed to the Maintenance District; and
Exhibit 1
1 WHEREAS, the owners (each, an "Owner" and collectively, the "Owners") of the
2 properties identified in Exhibit B attached hereto and incorporated herein by this reference
3 (each, a "Property" and collectively, the "Territory") have entered into separate "Agreements
4 Regarding Annexation of Certain Real Property to Street Lighting and Landscaping District No. 2
5 of the City of Carlsbad and Approval of the Levy of Assessments on Such Real Property1 (each,
6 an "Annexation Agreement"); and
7 WHEREAS, by entering into such Annexation Agreements, each of the Owners
8 represented that such Owner desires that the Property owned by such Owner within the Territory
9 be annexed to the Maintenance District and that Maximum Annual Assessment as set forth in
10 Exhibit C attached hereto and incorporated herein by this reference be authorized to be levied
11 against such Property; and
12 WHEREAS, by entering into such Annexation Agreements and submitting the
13 assessment ballots contained in such Annexation Agreements, each of the Owners has
14 acknowledged the rights that such Owner has under the Assessment Law related to the
15 annexation of such Owner's Property to the Maintenance District and the levy of assessments
16 on such Property and each such Owner has knowingly, intelligently, voluntarily and irrevocably:
17 A. Waived any and all of the procedural requirements as prescribed in the
18 Landscaping Act to the annexation of such Owner's Property to the Maintenance District;
19 B. Expressly consented to the annexation of such Owner's Property to the
20 Maintenance District;
21 C. Waived any and all of the procedural requirements as prescribed in the
22 Landscaping Act and/or Article XIIIA applicable to the authorization to levy the Maximum Annual
23 Assessment against such Owner's Property;
24 D. Declared such Owner's support for, consent to and approval of the authorization
25 to levy the Maximum Annual Assessment against such Owner's Property;
26 E. Declared such Owner's support for, consent to and approval of the adjustment in
27 the Maximum Annual Assessment for inflation pursuant to the formula set herein below; and
28
Exhibit 1
1 F. Waived protest, complaint or legal action of any nature whatsoever pertaining to
2 the annexation of such Owner's Property to the Maintenance District and/or to the levy of the
3 Maximum Annual Assessment against such Owner's property; and
4 WHEREAS, this City Council now desires to annex the Territory to the Maintenance
5 District and confirm the levy of assessments against the Properties within the Territory.
6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
7 California, as follows:
8 1. Recitals. The above recitals are all true and correct.
9 2. Findings and Determinations. This City Council hereby finds and determines as
10 follows:
11 A. Each of the Owners has expressed such Owner's desire that such
12 Owner's Property within the Territory be annexed to the Maintenance District.
13 B. Each of the Owners has waived all procedural requirements under the
14 Assessment Law applicable to the annexation of such Owner's Property to the
15 Maintenance District.
16 C. Each of the Owners has declared such Owner's support for the levy of
17 annual assessments on such Owner's Property in amounts not to exceed the Maximum
18 Annual Assessment and the adjustment of the Maximum Annual Assessment by the
19 increase for the cost of living each year according to the change in the Consumer Price
20 Index for the San Diego County area.
21 D. The Maximum Annual Assessments proposed to be authorized to be
22 levied on each Property within the Territory shall not exceed the reasonable cost of the
23 proportional special benefit on each such Property conferred by the Improvements.
24 E. The proportionate special benefit derived by each individual Property
25 assessed has been determined in relationship to the entirety of the cost of the
26 maintenance of the Improvements.
27 F. Only the special benefits have been assessed.
28 G. There are no publicly owned parcels within the Territory.
Exhibit 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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27
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3. Annexation. This City Council hereby orders the annexation of the Territory to the
District.
4. Lew 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 preceding year ending in
March, for All Urban Consumers for the San Diego County area.
5. Ordering 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 City 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.
7. Effective Date. This Resolution of Intention shall take effect immediately upon its
adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 9th day of January , 2007 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, HaLi/, Packard, Sigafoose-
///NOES: None.
ABSENT: None.
ATTEST:
V. S ~| IN^-*—>4tff* "< | ' VJC^XX \^A nJl \ t
^»**"LPRR^NE M. WOOD, City Clerk
^&$$.*0 Z'', (SEAL)•h. _ iXV«* *«. V.' . -* x '
Exhibit 1
EXHIBIT A
THE IMPROVEMENTS AND THE MAINTENANCE
Zone 9
The Improvements
The Improvements that specially benefit the properties within the Territory are described as
follows:
• Street trees within and directly adjacent to the development.
The landscaping improvements to be maintained and serviced include, but are not
limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and
fixtures in public street and sidewalk rights-of-way, including medians, parkways and other
easements dedicated to the City of Carlsbad 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
lighting and traffic signals in public street and sidewalk rights-of-way and other easements
dedicated to the City of Carlsbad within the boundaries of the Maintenance District.
The Maintenance
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of the Landscaping Improvements and the Street
Lighting Improvements facilities and appurtenant facilities, including repair, removal or
replacement of all or part of any of the Landscaping Improvements and the Street Lighting
Improvements or appurtenant facilities; providing for the life, growth, health and beauty of
the Landscaping Improvements, 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 walls and other
improvements to remove or cover graffiti.
Servicing means the furnishing of water for the irrigation of the Landscaping Improvements
and the maintenance of any Street Lighting Improvements or appurtenant facilities and the
furnishing of electric current or energy, gas or other illuminating agent for the Street
Lighting Improvements, or for the lighting or operation of the Landscaping Improvements or
appurtenant facilities.
A-1
d
Exhibit 1
EXHIBIT B
THE OWNERS AND THE OWNERS' PROPERTIES
Zone9
Name of Owner Description of Owner's Property
(Assessor's Parcel Number)
Techbilt Construction Corp. 209-120-01
209-121-01
209-120-02 to-07
Carlsbad Oaks North 209-120-09
Partners, L.P.
B-1
1
Exhibit 1
EXHIBIT C
MAXIMUM ANNUAL ASSESSMENT
Zone 9
Description FY 2006-07
of Property Maximum
(APN) Assessment
209-120-01 $1,543.41
209-120-02 $1,206.67
209-120-03 $ 813.80
209-120-04 $ 841.86
209-120-05 $2,160.77
209-120-06 $1,487.29
209-120-07 $2,469.46
209-120-09 $24,021.07
209-121-01 $1,880.15
C-1
Exhibit 1
Legend
Phase 1 Lots, Streets, and Open Space (2004-
Phase 2 Lots and Streets (2006-2007)
Phase 3 Lots* (2010)
Pedestrian Trail
Lot Numbers
*Note: Phase 2 and 3 lots may be reversed.
(T) Wetlands Mitigation in Phase 1
Uiduiig Design Group B USIN ESS PARK
V--6
Figure 25
Phasing Plan
L-1021 11/27/02
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
I, Sheila R. Cobian, Deputy City Clerk of the City of Carlsbad, County of San
Diego, State of California, hereby certify that I have compared the foregoing copy
with the original RESOLUTION NO. 2007-006. ORDERING THE ANNEXATION
OF TERRITORY TO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2.
ZONE 9. AND CONFIRMING THE LEVY OF ASSESSMENTS with the original
now on file in the Office of the City Clerk of the City of Carlsbad: that the same
contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 9th day of
January 2007.
R. COBIAN
DEPUTY CITY CLERK
(SEAL)