HomeMy WebLinkAbout2005-10-04; City Council; Resolution 2005-2991
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Exhibit 1
RESOLUTION NO. 2005-*99
RESOLUTION OF THE CITY COUNCIL OF THE ClTY OF
CARLSBAD, CALIFORNIA, ORDERING THE ANNEXATION
OF TERRITORY TO STREET LIGHTING AND LANDSCAPING
DISTRICT NO. 2, ZONE 5, AND CONFIRMING THE LEVY OF
ASSESSMENTS THEREIN
WHEREAS, the CITY COUNCIL of the 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 servicing of certain
landscaping and lighting improvements described in Exhibit A attached hereto and incorporated
herein by this reference (the “Improvements”) pursuant 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 XlllD of the Constitution of the State of California
(“Article XlllD”) and the Proposition 21 8 Omnibus Implementation Act (Government Code
Section 53750 and following) (the “Implementation Act”) (the Landscaping Act, Article XI1 ID 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 5, (the “Maintenance District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act authorize
and establish procedures for the annexation of territory to the Maintenance District; and
WHEREAS, Section 22608 of the Landscaping Act provides that the requirements of the
Landscaping Act for the preparation of resolutions, an Engineer’s Report, the notice of a public
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
territory proposed to be annexed to the Maintenance District; and
WHEREAS, Article XlllD 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
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Exhibit 1
WHEREAS, the owners (each, an “Owner” and collectively, the “Owners”) of the
properties identified in Exhibit B attached hereto and incorporated herein by this reference
(each, a “Property” and collectively, the “Territory”) have entered into separate “Agreements
Regarding Annexation of Certain Real Property to Street Lighting and Landscaping District No. 2
of the City of Carlsbad and Approval of the Levy of Assessments on Such Real Property” (each,
an “Annexation Agreement”); and
WHEREAS, by entering into such Annexation Agreements, each of the Owners
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
WHEREAS, by entering into such Annexation Agreements and submitting the
assessment ballots contained in such Annexation Agreements, each of the Owners has
acknowledged the rights that such Owner has under the Assessment Law related to the
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, voluntarily and irrevocably:
A. Waived any and all of the procedural requirements as prescribed in the
Landscaping Act to the annexation of such Owner’s Property to the Maintenance District;
B. Expressly consented to the annexation of such Owner’s Property to the
Maintenance District;
C. Waived any and all of the procedural requirements as prescribed in the
Landscaping Act and/or Article XlllA applicable to the authorization to levy the Maximum Annual
Assessment against such Owner’s Property;
D. Declared such Owner‘s support for, consent to and approval of the authorization
to levy the Maximum Annual Assessment against such Ower’s Property;
E. 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
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Exhibit 1
F. 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 Ower‘s property; and
WHEREAS, this City Council now desires to annex the Territory to the Maintenance
District and confirm the levy of assessments against the Properties within the Territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
Recitals. The above recitals are all true and correct.
Findinqs and Determinations. This City Council hereby finds and determines as
follows:
A. Each of the Owners has expressed such Owner’s desire that such
Owner’s Property within the Territory be annexed to the Maintenance District.
B. Each of the Owners has waived all procedural requirements under the
Assessment Law applicable to the annexation of such Owner‘s Property to the
Maintenance District.
C. Each of the Owners 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
increase for the cost of living each year according to the change in the Consumer Price
Index for the San Diego County area.
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 of the Improvements.
F.
G.
Only the special benefits have been assessed.
There are no publicly owned parcels within the Territory. s
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Exhibit 1
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. Orderinn 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 wrk is set forth in Exhibit A hereto.
6. Filinq with Citv 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.
adoption.
Effective Date. This Resolution of Intention shall take effect immediately upon its
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 4th day of October , 2005 by the following vote, to wit:
AYES:Council Members Lewis, Hall, Packarc#,+7Sigafoose
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
(SEAL)
EXHIBIT A
THE IMPROVEMENTS AND THE MAINTENANCE
Zone 5
The Improvements
The Improvements that specially benefit the properties within the Territory are described as
f 01 lows:
Medians in Melrose Drive and Palomar Airport Road.
The landscaping improvements to be maintained and serviced include, but are not
limited to, plants, shrubbery and trees, irrigation systems, hardscapes, fixtures, sidewalks
and appurtenant facilities. Such landscaping improvements may be located in public street
and sidewalk rights-of-way, including medians, parkways and dedicated easements 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
street lighting and traffic signals in public street and sidewalk rights-of-way and dedicated
easements within the boundaries of the Maintenance District.
The Maintenance
The maintenance of such improvements shall include the furnishing of services and
materials for the ordinary and usual maintenance, operation, repair and servicing of such
landscaping and street lighting improvements and appurtenant facilities, including repair,
removal or replacement of all or a part of any landscaping, public lighting or appurtenant
facilities; providing for the life, growth, health and beauty of the landscaping, 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 improvements to remove or cover graffiti.
The servicing of the improvements shall include the furnishing of water for the irrigation of
the landscaping and the maintenance of any of the public lighting improvements and the
furnishing of electric current or energy, gas or other illuminating agent for the public lighting
facilities, or for the lighting or operation of the landscaping improvements and the
administration of all aspects of the Maintenance District.
A-1
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EXHIBIT B
THE OWNERS AND THE OWNERS' PROPERTIES
Zone 5
Name of Owner Description of Owner's Property
(Assessor's Parcel Number)
Fenton Raceway, LLC 221 -880-01 to -1 3
221 -881 -01 to -1 2
B-1 8
EXHIBIT C
MAXIMUM ANNUAL ASSESSMENT
Zone 5
Description FY 2005-06
of Property Maximum
(APN) Assessment
221 -880-01 $3,183.34
221 -880-02
221 -880-03
221 -880-04
221 -880-05
221 -880-06
221 -881 -01
221 -881 -02
221 -881 -03
221 -881 -04
221 -881 -05
221 -881 -06
221 -881 -07
221 -881 -08
221 -881 -09
221 -881 -1 0
221 -881 -1 1
221 -881-1 2
221 -880-07
221 -880-08
221 -880-09
221 -880-1 0
221 -880-1 1
221 -880-1 2
221 -880-1 3
$2,743.57
$1,484.23
$2,258.82
$1,664.1 3
$1,059.45
$91 4.52
$1,084.44
$1,089.43
$1,154.40
$2,308.80
$3,463.20
$904.53
$2,003.96
$2,833.53
$1,869.03
$2,408.75
$669.65
$739.62
$564.7 1
$704.63
$934.51
$1,669.1 3
$984.49
$4,382.72
c-1