HomeMy WebLinkAbout2013-12-03; City Council; Resolution 2013-275Exhibit 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
UGHTING AND LANDSCAPING DISTRICT NO. 2,
ZONE 12, AND CONFIRMING THE LEVY OF
5 ASSESSMENTS THEREIN, WITH EXHIBITS A, B,
ANDC
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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
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
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2^ 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
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
Exhibit 2
1 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 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
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g 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
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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,
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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 XIIIA applicable to the authorization to levy the
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g Maximum Annual Assessment against such Owner's Property;
10 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.
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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
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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
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g 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 of the Improvements.
F. Only the special benefits have been assessed.
20 0. 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
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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 3'''^ day of December 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackburn, Douglas.
None.
None.
ATTEST:
C
^^^ftySR^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 streetlights 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 streetlights 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 of this 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)
CVW 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