HomeMy WebLinkAbout2008-01-08; City Council; 19277; Street Lighting & Landscaping La Costa Ridge 2.6CITY OF CARLSBAD - AGENDA BILL
AB# 19,277
MTG. 1/08/08
DEPT. FIN
STREET LIGHTING AND
LANDSCAPING DISTRICT NO. 2
ANNEXATION OF LA COSTA RIDGE
VILLAGE 2.6
DEPT. HEAQ^=U\CITY ATTY. /Jr
CITY MGR. (v
AA-
RECOMMENDED ACTION:
Adopt Resolution No. 2008-004 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 ten
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
the Oaks North Industrial and the Oaks North Residential 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 La Costa Ridge Village 2.6
The La Costa Ridge Village 2.6 development is required to annex into District No. 2 as a
condition for development. The property owner, Western Pacific Housing, Inc. 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 31, 2007. The City Clerk completed a Statement of Votes Cast
showing one (1) vote cast in favor of the proposition (100% of the total assessments) and zero
(0) 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 ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE UNKNOWN
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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 2008-09
Fiscal Year. In June of 2008, staff will return to Council to set the maximum and actual
assessment rates for the 2008-09 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) is $63.31 for Fiscal Year 2007-08 for La Costa Ridge Village 2.6.
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. 2008-004 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. 2008-004
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 8, AND
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
1Q authorize the levy of assessments therein to finance the annual maintenance and
11 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
Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the
Part 2 of the Streets and Highways Code of the State of California (the "Landscaping
15
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 8, (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
25 WHEREAS, Section 22608 of the Landscaping Act provides that the
26 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
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WHEREAS, the owners (each, an "Owner" and collectively, the "Owners") of the
properties identified in Exhibit B attached hereto and incorporated herein by this
9 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
23 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;
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D. Declared such Owner's support for, consent to and approval of the
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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 within
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
o 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.
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3. Annexation. This City Council hereby orders the annexation of theI 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
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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 immediately8
g upon its adoption.
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Exhibit 1
EXHIBIT A
THE IMPROVEMENTS AND THE MAINTENANCE
ZoneS
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 Alga Road 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 8
Name of Owner Description of Owner's Property
(Assessor's Parcel Number)
Western Pacific 223-720-03-00
Housing, Inc.
B-1
Exhibit 1
EXHIBIT C
MAXIMUM ANNUAL ASSESSMENT
Zone 8
Description FY 2007-08
of Property Maximum
(APN) Assessment
223-720-03-00 $ 3,372.52
C-1
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of January, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
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