HomeMy WebLinkAbout2007-04-24; City Council; 18973; Street Lighting and landscapring district no. 2CITY OF CARLSBAD - AGENDA BILL
AB# 18,973
MTG. 04/24/07
DEPT. FIN
STREET LIGHTING AND
LANDSCAPING DISTRICT NO. 2
ANNEXATION OF THE OAKS NORTH
RESIDENTIAL DEVELOPMENT
DEPT. HEAD ^ -
CITY ATTY. c^-
CITY MGR. -3g>
RECOMMENDED ACTION:
Adopt Resolution No. 2007-091 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 nine
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, the Ridge
and the Oaks North Industrial 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 Oaks North Residential Development
The Oaks North Residential development is required to annex into District No. 2 as a condition
for development. The property owners, Morrow Development and CIC La Costa, L.P., have
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, have cast a positive ballot for the
annexation of property. The election was held on April 12, 2007. The City Clerk completed a
Statement of Votes Cast showing one (1) vote cast in favor of the proposition (85.1% of the
total assessments), zero (0) votes cast against the proposition and one (1) ballot was not
received back (14.9% of the total assessments). Through the signing of the Agreements, the
property owners have waived all of the procedural requirements as prescribed in the
Landscaping Act to the annexation of their property to District No. 2.
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.
DEPARTMENT CONTACT: Kevin Branca 760-602-2430 kbran@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
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AMENDED
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FISCAL IMPACT:
The parcels within this newly annexed development will not be assessed until the 2008-09
Fiscal Year. In July 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. However, a
portion of the improvements will be maintained by the homeowners association (HOA). In order
to determine the actual annual assessment, the calculated cost of maintaining any
improvement, which is borne by an HOA, will be subtracted from the maximum annual
assessment. The maximum 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) ranges from $165.81
to $306.28 for Fiscal Year 2006-07. These assessments vary depending on the amount and
types of improvements being maintained in each area.
Through the use of the simplified annexation procedure, both the City and the owners 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. 2007-091 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
1 RESOLUTION NO. 2007-091
2
3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING THE
4 ANNEXATION OF TERRITORY TO STREET LIGHTING
AND LANDSCAPING DISTRICT NO. 2, ZONE 9, AND
5 CONFIRMING THE LEVY OF 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 toy
authorize the levy of assessments therein to finance the annual maintenance and
servicing of certain landscaping and lighting improvements described in Exhibit A
12 attached hereto and incorporated herein by this reference (the "Improvements")
13 pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15,
14 Part 2 of the Streets and Highways Code of the State of California (the "Landscaping
15 Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the
16 Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and
17
following) (the "Implementation Act") (the Landscaping Act, Article XIIID and the
18
Implementation Act may be referred to collectively herein as the "Assessment Law"),19
such special maintenance district known and designated as STREET LIGHTING AND
21 LANDSCAPING DISTRICT NO. 2, ZONE 11, (the "Maintenance District"); and
22 WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act
23 authorize and establish procedures for the annexation of territory to the Maintenance
24 District; and
WHEREAS, Section 22608 of the Landscaping Act provides that the
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requirements of the Landscaping Act for the preparation of resolutions, an Engineer's
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Report, the notice of a public hearing to consider such annexation, the conduct of such
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a public hearing and the right of majority protest may be waived with the written consent
Exhibit 1
1 of all owners of property within the territory proposed to be annexed to the Maintenance
2 District; and
3 WHEREAS, Article XIIID and the Implementation Act also establish certain
4 procedural requirements that must be followed in order to authorize the levy
5 assessments within territory annexed to the Maintenance District; and
6
WHEREAS, the owners (each, an "Owner" and collectively, the "Owners") of the
properties identified in Exhibit B attached hereto and incorporated herein by this8
g reference (each, a "Property" and collectively, the "Territory") have entered into
10 separate "Agreements Regarding Annexation of Certain Real Property to Street
11 Lighting and Landscaping District No. 2 of the City of Carlsbad and Approval of the
12 Levy of Assessments on Such Real Property" (each, an "Annexation Agreement"); and
13 WHEREAS, by entering into such Annexation Agreements, each of the Owners
14 represented that such Owner desires that the Property owned by such Owner within the
15
Territory be annexed to the Maintenance District and that Maximum Annual
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Assessment as set forth in Exhibit C attached hereto and incorporated herein by this
reference be authorized to be levied against such Property; and18
19 WHEREAS, by entering into such Annexation Agreements and submitting the
20 assessment ballots contained in such Annexation Agreements, each of the Owners has
21 acknowledged the rights that such Owner has under the Assessment Law related to the
22 annexation of such Owner's Property to the Maintenance District and the levy of
oo assessments on such Property and each such Owner has knowingly, intelligently,
24 voluntarily and irrevocably:
25
A. Waived any and all of the procedural requirements as prescribed in the
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Landscaping Act to the annexation of such Owner's Property to the Maintenance
27
District;28
Exhibit 1
1 B. Expressly consented to the annexation of such Owner's Property to the
2 Maintenance District;
3 C. Waived any and all of the procedural requirements as prescribed in the
4 Landscaping Act and/or Article XIIIA applicable to the authorization to levy the
5
Maximum Annual Assessment against such Owner's Property;
6
D. Declared such Owner's support for, consent to and approval of the
7
authorization to levy the Maximum Annual Assessment against such Owner's Property;8
g E. Declared such Owner's support for, consent to and approval of the
10 adjustment in the Maximum Annual Assessment for inflation pursuant to the formula set
11 herein below; and
12 F. Waived protest, complaint or legal action of any nature whatsoever
13 pertaining to the annexation of such Owner's Property to the Maintenance District
14 and/or to the levy of the Maximum Annual Assessment against such Owner's property;
15 and
16
WHEREAS, this City Council now desires to annex the Territory to the
17
Maintenance District and confirm the levy of assessments against the Properties within18
the Territory,i y
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
21 Carlsbad, California, as follows:
22 1. Recitals. The above recitals are all true and correct.
23 2. Findings and Determinations. This City Council hereby finds and
determines as follows:
25
A. Each of the Owners has expressed such Owner's desire that such
26
Owner's Property within the Territory be annexed to the Maintenance District.
27
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Exhibit 1
1 B. Each of the Owners has waived all procedural requirements under
2 the Assessment Law applicable to the annexation of such Owner's Property to the
3 Maintenance District.
4
C. Each of the Owners has declared such Owner's support for the levy
5
of annual assessments on such Owner's Property in amounts not to exceed the
6
Maximum Annual Assessment and the adjustment of the Maximum Annual Assessment
7
by the increase for the cost of living each year according to the change in the8
g Consumer Price Index for the San Diego County area.
10 D. The Maximum Annual Assessments proposed to be authorized to
11 be levied on each Property within the Territory shall not exceed the reasonable cost of
12 the proportional special benefit on each such Property conferred by the Improvements.
13 E. The proportionate special benefit derived by each individual
14 Property assessed has been determined in relationship to the entirety of the cost of the
15
maintenance of the Improvements.
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F. Only the special benefits have been assessed.
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G. There are no publicly owned parcels within the Territory.
3. Annexation. This City Council hereby orders the annexation of the
1 \y
20 Territory to the District.
21 4. Lew of Assessments. This City Council hereby confirms the levy of
22 annual assessments against the lots and parcels within the Territory in amounts not to
23 exceed the applicable Maximum Annual Assessment.
24 The Maximum Annual Assessments will be increased each Fiscal Year without
25 further compliance with the assessment ballot procedures required under the
26
Assessment Law by the annual increase in the Consumer Price Index (CPI), during the
27
preceding year ending in March, for All Urban Consumers for the San Diego County
28
area.
Exhibit 1
1 5. Ordering of Maintenance. The public interest and convenience requires,
2 and this legislative body does hereby order the maintenance of the Improvements be
3 made and performed as said maintenance work is set forth in Exhibit A hereto.
4
6. Filing with City Clerk. The above-referenced diagram and assessment
5
shall be filed in the Office of the City Clerk. Said diagram and assessment, and the
6
certified copy thereof, shall be open for public inspection.
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7. Effective Date. This Resolution of Intention shall take effect immediately
9 upon its adoption.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of April 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
ATTEST:
O?
LORRAINE M/WOOD, CityJSI^fi.
(SEAL) U /rJ?"-:»«
Exhibit 1
EXHIBIT A
THE IMPROVEMENTS AND THE MAINTENANCE
Zone 11
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.
• Medians in San Elijo Road, Avenida Soledad and Rancho Santa Fe Road.
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
Exhibit 1
EXHIBIT B
THE OWNERS AND THE OWNERS' PROPERTIES
Zone 11
Name of Owner Description of Owner's Property
Real Estate Collateral
Management Company
(Assessor's Parcel Number)
223-011-02 (por.)
223-011-02 (por.)
223-011-03
223-011-07
223-011-08
223-021-08
223-021-11
223-021-22
223-032-01 (por.)
223-032-01 (por.)
223-032-02
223-071-09 (por.)
CIC La Costa, L.P.223.032-01 (por.)
B-1
Exhibit 1
EXHIBIT C
MAXIMUM ANNUAL ASSESSMENT
Zone 11
Description FY 2006-07
of Property Maximum
(APN) Assessment
223-011-02 (por.) $ 1,038.29
223-011 -02 (por.) $30,301.24
223-011-03 $ 1,397.32
223-011-07 $28,144.87
223-011-08 $11,359.73
223-021-08 $ 2,268.50
223-021-11 $ 4,200.60
223-021-22 $ 431.27
223-032-01 (por.) $ 7,849.17
223-032-01 (por.) $ 756.09
223-032-01 (por.) $16,713.65
223-032-02 $ 724.54
223-071-09 (por.) $7,129.83
C-1
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