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HomeMy WebLinkAbout2008-01-08; City Council; Resolution 2008-004Exhibit 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 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 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; 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 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 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 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. 16 F. Only the special benefits have been assessed. 17 G. There are no publicly owned parcels within the Territory. 18 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 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 immediately8 g upon its adoption. 10 „ 11 // 12 // 13 „ 14 // 15 „ 16 // 17 // 18 // 19 „ 20 „ 21 // 22 // 23 „ 24 // 25 „ 26 27 28 7 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 // 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 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: ifoRRAipfc M. wo /(SEAL) ^