Loading...
HomeMy WebLinkAbout2013-01-08; City Council; Resolution 2013-004Exhibit 2 1 RESOLUTION NO. 2013-004 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 CONFIRIVIING THE LEVY OF ASSESSMENTS THEREIN, WITH EXHIBITS A, B, ANDC 16 17 18 19 20 21 26 27 28 4 5 6 7 WHEREAS, the CITY COUNCIL ofthe CITY OF CARLSBAD, CALIFORNIA, has 8 undertaken proceedings to form and did form a special maintenance district and to 9 authorize the levy of assessments therein to finance the annual maintenance and 10 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, Pari 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 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Landscaping Act, Article XlllD 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 2^ 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 4 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 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 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 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 15 16 17 18 19 20 3 4 5 6 7 8 9 10 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 XIHA 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 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. 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. 14 15 16 17 18 19 20 23 24 25 26 27 28 2. Findings and Determinations. This City Council hereby finds and determines as follows: 4 5 6 7 8 9 10 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. 3 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 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 of the Improvements. F. Only the special benefits have been assessed. 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. 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 "7 15 16 17 18 19 20 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, g 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. 11 7. Effective Date. This Resolution of Intention shall take effect immediately 12 upon its adoption. 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 i; 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 8*^ day of January, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. KARiEuOE (SEAL) tant City Clerk Exhibit 2 EXHIBIT A THE liVIPROVEMENTS AND THE MAINTENANCE ZONE 12 Thie 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 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 10 Exhibit 2 EXHIBIT B THE OWNERS AND THE OWNERS' PROPERTIES ZONE 12 (LA COSTA TOWN SQUARE) Owner Name Description of Owner's Property (Assessor's Parcel Number) Property Development Centers, LLC 223-050-71-00 223-050-72-00 223-050-73-00 223-050-74-00 B-1 w Exhibit 2 EXHIBIT C MAXIMUM ANNUAL ASSESSMENT ZONE 12 (LA COSTA TOWN SQUARE) Description of Owner's Property Fiscal Year 2013/14 (Assessor's Parcel Number) Maximum Assessment 223-050-71-00 $1,277.37 223-050-72-00 $31,143.33 223-050-73-00 $5,278.25 223-050-74-00 $25,768.05 C-1