ATTACHMENT 1
Resolution Initiating Proceedings For Discovery Meadows Annexation to Landscaping and Lighting District No. 1 Zone C RESOLUTION NO. 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, INITIATING PROCEEDINGS FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING AND LIGHTING DISTRICT NO. 1 ZONE C; AND DIRECTING THE PREPARATION AND FILING OF AN ENGINEER’S REPORT RELATED THERETO, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (DISCOVERY MEADOWS ANNEXATION)
WHEREAS, the City Council of the City of San Marcos (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (“1972 Act”), desires to initiate proceedings for the annexation of certain property (“Discovery Meadows Annexation”) to an existing assessment district within the City known and designated as Landscaping and Lighting District No. 1 (“District”), and to levy and collect annual assessments for the District commencing in fiscal year 2023/2024 to pay, in whole or in part, for the special benefit costs associated with the operation, maintenance, installation, and servicing of local landscaping improvements and appurtenant facilities related thereto; and WHEREAS, pursuant to Chapter 2, Article 2, Section 22607 of the 1972 Act, proceedings for a change of organization shall be initiated, conducted, and completed in substantial accordance with the procedure provided in Article 1 (commencing with Section 22585) of Chapter 2 for the formation of an assessment district; and WHEREAS, pursuant to Chapter 2, Article 1, Section 22585 of the 1972 Act, proceedings for the annexation of an assessment district shall be initiated by resolution and that resolution shall generally describe the proposed improvements, describe the proposed assessment district and specify a distinctive designation for the district and order the engineer to prepare and file a report in accordance with Chapter 1, Article 4 (commencing with Section 22565) of the 1972 Act; and WHEREAS, the City has retained Webb Municipal Finance, LLC as the Assessment Engineer of Work for the purpose of assisting with the Discovery Meadows Annexation to Zone C of the District, the establishment of annual assessments, and to prepare and file a report with the City Clerk concerning the annexation to the District and the proposed annual levy of assessments in accordance with the 1972 Act and the provisions of the California Constitution Article XIIID (the “Constitution”), and the Proposition 218 Omnibus implementation Act, beginning with Government Code section 53750 et seq.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Marcos, California, acting as the legislative body of the District, as follows:
Section 1. Recitals. The above recitals are true and correct and the City Council so finds and determines.
Section 2. Findings. The City finds it necessary to annex certain property contained within the Discovery Meadows Annexation area to Zone C of the District incorporating all lots and parcels of land located between La Moree Road and East Barham Drive in the City, located generally in the southeastern portion of the City limits, for which the improvements provide special benefits; and to levy and collect annual assessments for the District commencing in fiscal year 2023/2024 to pay for the special benefit expenses associated with the operation, maintenance, installation, and servicing of the local landscaping improvements and appurtenant facilities as authorized by the 1972 Act. Currently all property within the Discovery Meadows Annexation are included in and assessed for residential street light improvements in Zone A of the District and will continue to be assessed regardless of the results of the annexation into Zone C.
Section 3. Territory. The territory within the District as described above incorporates approximately one hundred forty-three (143) parcels totaling approximately fourteen (14) acres which are inclusive of the parcels identified on the San Diego County Assessor’s Parcel Maps (APN Maps) as Book 221 Pages 790 and 800.
Section 4. Improvements. The improvements to be provided by the District and associated with Zone C therein generally include, but are not limited to, the installation, maintenance, operation and servicing of local landscaping improvements and appurtenant facilities that are provided for the benefit of real property within the District, including landscaping and appurtenant facilities in medians and parkways. Maintenance shall include the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of all landscaping and appurtenant facilities, including providing for the life, growth, health and beauty of landscaping by replacement, cultivation, irrigation, trimming, spraying, fertilizing, treating for disease or injury and the removal of trimmings, rubbish, debris and other solid waste. Improvements may include, without limitation, ground cover, shrubs, plants and trees, irrigation systems, landscape lighting, graffiti removal, masonry walls, and entry monuments. Services provided include all necessary service, operations, administration, and maintenance required to keep the above-mentioned improvements in a healthy, vigorous, and satisfactory working condition. The work to be performed within the District may include, but is not limited to (as applicable), the personnel; materials; equipment; electricity; water; contract services; maintenance, repair and rehabilitation of the improvements; and incidental expenses required to operate the District and provide the improvements and services authorized by the 1972 Act.
Section 5. Engineer’s Report. In accordance with Chapter 2, Article 1, Section 22586 of the 1972 Act, the City Council hereby directs the Assessment Engineer of Work to prepare and file with the City Clerk an Engineer's Report concerning the formation of the District; the improvements connected therewith and the annual levy of assessments commencing with the fiscal year 2023/2024, in accordance with Chapter 1, Article 4 (commencing with Section 22565) of the 1972 Act.
Section 6. Effective Date. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED by the Council of the City of San Marcos, California, this ___ day of _____ 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
Phillip Scollick, City Clerk
City of San Marcos
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60309.00000\40936878.1