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HomeMy WebLinkAbout2013-12-03; City Council; 21440; Street Lighting Landscaping District No. 2CITY OF CARLSBAD - AGENDA BILL 1 STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 ANNEXATION OF THE FAIR OAKS VALLEY DEVELOPMENT DEPT. HEAD CITY ATTY. /^C^ . CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2013-275 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. 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 12 zones in District No. 2 including Calavera Hills II, Kelly Ranch, the Oaks South, ThompsonrTabata, Palomar Forum/Carlsbad Raceway, Bressi Ranch, the Greens, the Ridge, the Oaks North Industrial, the Oaks North Residential, Robertson Ranch and La Costa Town Square developments. The city requires developers of larger communities within the city to be annexed into District No. 2 as a condition for development. Annexation ofthe Fair Oaks Vallev Development The Fair Oaks Valley development is required to annex into District No. 2 as a condition of development. There is one property owner within Fair Oaks Valley: CWV La Costa 49, LLC. CVW La Costa 49, LLC 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 November 14, 2013. The City Clerk completed a Statement of Votes Cast showing one (1) vote cast in favor of the proposition (100 percent of the total assessments) and zero (0) votes cast against the proposition. All ballots were returned. Through the signing of the Agreements, the property DEPARTMENT CONTACT: Roxanne Muhlmeister 760-602-2414 roxanne.muhlmeister(S)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 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. FISCAL IMPACT: The parcels within this newly annexed development will not be assessed until the 2014-15 Fiscal Year. In June of 2014, staff will return to Council to set the maximum and actual assessment rates for the 2014-15 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 calculated at $443.08 for Fiscal Year 2013-14. 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 $5,400 to cover annexation processing and assessment engineering costs. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Location Map. 2. Resolution No. 2013-275 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 LOCATION MAP NOT TO SCALE PROJECT NAME FAIR OAKS VALLEY PROJECT NUMBER CT02-17 EXHIBIT PLOTTED BY: SCOTT EVANS PLOT DATE:10/30/13 PATH:l>. \pEVELOPUENT PR0JECTS\CT\CT02-17.Dm 3 Exhibit 2 1 RESOLUTION NO. 2013-275 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING 3 THE ANNEXATION OF TERRITORY TO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ZONE 12, AND CONFIRMING THE LEVY OF 5 ASSESSMENTS THEREIN, WITH EXHIBITS A, B, ANDC 4 16 17 18 19 20 21 WHEREAS, the CITY COUNCIL ofthe 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 6 7 8 9 10 -I-I servicing of certain landscaping and lighting improvements described in Exhibit A 12 attached hereto and incorporated herein by this reference (the Improvements) pursuant 13 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 XIIID of the Constitution of the State of California (Article XIIID) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the Implementation Act) (the Landscaping Act, Article XIIID 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, ZONE 12, (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 " Exhibit 2 1 a public hearing and the right of majority protest may be waived with the written consent 2 of all owners of property within the territory proposed to be annexed to the Maintenance ^ District; and WHEREAS, Article XIIID 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 Owner (Owner) of the properties identified in Exhibit B attached hereto and incorporated herein by this reference (each, a Property and collectively, the 10 Territory) have entered into a separate "Agreement Regarding Annexation of Certain 11 Real Property to Street Lighting and Landscaping District No. 2 of the City of Carlsbad 12 and Approval of the Levy of Assessments on Such Real Property" (Annexation ^•^ Agreement); and WHEREAS, by entering into such Annexation Agreement, the Owner 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 14 15 16 17 18 19 20 WHEREAS, by entering into such Annexation Agreement and submitting the 21 assessment ballot contained in such Annexation Agreement, the Owner has 22 acknowledged the rights that such Owner has under the Assessment Law related to the 23 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, 25 voluntarily and irrevocably: 26 " 27 28 Exhibit 2 1 1. Waived any and all of the procedural requirements as prescribed in the 2 Landscaping Act to the annexation of such Owner's Property to the Maintenance ^ District; 2. Expressly consented to the annexation of such Owner's Property to the Maintenance District; 3. Waived any and all of the procedural requirements as prescribed in the Landscaping Act and/or Article XIIIA applicable to the authorization to levy the Maximum Annual Assessment against such Owner's Property; 4. Declared such Owner's support for, consent to and approval of the 11 authorization to levy the Maximum Annual Assessment against such Owner's Property; 12 5. 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 6. Waived protest, complaint or legal action of any nature whatsoever pertaining to the annexation of such Owner's Property to the Maintenance District and/or to the levy of the Maximum Annual Assessment against such Owner's property; and 4 5 6 7 8 9 10 14 15 16 17 18 19 20 WHEREAS, this City Council now desires to annex the Territory to the 21 Maintenance District and confirm the levy of assessments against the Properties within 22 the Territory. 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. Recitals. The above recitals are all true and correct. 2. Findings and Determinations. This City Council hereby finds and determines as follows: Exhibit 2 1 A. The Owner has expressed such Owner's desire that such Owner's 2 Property within the Territory be annexed to the Maintenance District. ^ B. The Owner has waived all procedural requirements under the Assessment Law applicable to the annexation of such Owner's Property to the Maintenance District. C. The Owner 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 10 increase for the cost of living each year according to the change in the Consumer Price 11 Index for the San Diego County area. 12 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 Improvements. 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 ofthe Improvements. F. Only the special benefits have been assessed. 14 15 16 17 18 19 20 G. There are no publicly owned parcels within the Territory. 21 3. Annexation. This City Council hereby orders the annexation of the 22 Territory to the District. 23 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 24 25 26 27 28 Exhibit 2 1 Assessment Law by the annual increase in the Consumer Price Index (CPI), during the 2 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. 8 6. Filing with Citv Clerk. The above-referenced diagram and assessment 9 shall be filed in the Office of the City Clerk. Said diagram and assessment, and the 10 certified copy thereof, shall be open for public inspection. 7. Effective Date. This Resolution of Intention shall take effect immediately upon its adoption. 12 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 1 2 3 4 5 6 7 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3^^^ day of December 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn, Douglas. None. ABSENT: None. 9 10 11 12 13 14 15 16 17 1: 19 20 21 22 23 24 25 26 27 28 MATTyALL, M^yor ATTEST C ^^^,f\A^ARA ENGLESON,City Clerk Exhibit 2 EXHIBIT A THE IMPROVEMENTS AND THE MAINTENANCE ZONE 13 (FAIR OAKS VALLEY) 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 public lighting system shall be maintained to provide adequate illumination. Electricity for streetiights shall be furnished by San Diego Gas & Electric (SDG&E), and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission. 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 ofthe 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 A-2 Exhibit 2 Improvements, or for the lighting or operation of the Landscaping Improvements or appurtenant facilities. The Street Lighting Improvements shall be maintained to provide adequate illumination. Electricity for streetiights shall be furnished by SDG&E, and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission. The following provides descriptions of the Zone of Benefit of the Maintenance District for the Fair Oaks Valley Development: Zone 13- Encompasses the Fair Oaks Valley Development, a residential development located to the east of the La Costa Oaks development, and funds the operation and maintenance of street lighting and street trees. The plans and specifications for the Improvements, showing the general nature, location and the extent of the Improvements, are on file in the office of the City Engineer and are by reference herein made a part ofthis report. A-2 Exhibit 2 EXHIBIT B THE OWNERS AND THE OWNERS' PROPERTIES ZONE 13 (FAIR OAKS VALLEY) Description of Owner's Property Owner Name (Assessor's Parcel Number) CWV La Costa 49, LLC 223-061-01-00 CVW La Costa 49, LLC 223-061-02-00 B-1 Exhibit 2 EXHIBIT C MAXIMUM ANNUAL ASSESSMENT ZONE 13 (FAIR OAKS VALLEY) Description of Owner's Property Fiscal Year 2013/14 (Assessor's Parcel Number) Maximum Assessment 223-061-01-00 $10,855.50 223-061-02-00 $10,855.50 C-1