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
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WHEREAS, the CITY COUNCIL ofthe CITY OF CARLSBAD, CALIFORNIA, has
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undertaken proceedings to form and did form a special maintenance district and to
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authorize the levy of assessments therein to finance the annual maintenance and
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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
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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,
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voluntarily and irrevocably:
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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.
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2. Findings and Determinations. This City Council hereby finds and
determines as follows:
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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
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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
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upon its adoption.
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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
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