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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 WITHDRAWN AMENDED Ef Dnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nnnn Page 2 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 26 requirements of the Landscaping Act for the preparation of resolutions, an Engineer's 27 Report, the notice of a public hearing to consider such annexation, the conduct of such 28 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 16 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 26 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 28 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. 16 F. Only the special benefits have been assessed. 17 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. 7 7. Effective Date. This Resolution of Intention shall take effect immediately 9 upon its adoption. 10 „ 11 // 12 // 13 „ 14 // 15 „ 16 „ 17 // 18 „ 19 „ 20 „ 21 // 22 // 23 „ 24 „ 25 „ 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 )\