ATTACHMENT 1
Resolution of Intention to Annex Discovery Meadows to Landscaping and Lighting District No. 1 Zone C RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, DECLARING ITS INTENTION TO ANNEX PROPERTY TO LANDSCAPING AND LIGHTING DISTRICT NO. 1 ZONE C; TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY COMMENCING FISCAL YEAR 2023-2024 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND SETTING THE TIME AND PLACE OF THE HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS (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 (commencing with Section 22500) of the California Streets and Highways Code (“1972 Act”), has initiated proceedings for the annexation of certain property (“Discovery Meadows Annexation”) to Zone C of an existing assessment district within the City known and designated as Landscaping and Lighting District No. 1 (“District”), for the operation, maintenance, installation, and servicing of local landscaping improvements and appurtenant facilities related thereto as provided in Section 22585 of the 1972 Act; and WHEREAS, as ordered by the City Council, Webb Municipal Finance, LLC has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the annexed territory to pay the costs of the improvements proposed to be provided therein, and that report has been presented to and considered by the City Council; and WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the 1972 Act to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District, and the proposed assessments.
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 and Approvals. The City finds:
the report created by Webb Municipal Finance, LLC (the “Report”) contains all matters required by Sections 22565 through 22574 of the 1972 Act and may, therefore, be approved by the City Council; the assessments, which are proposed to commence in fiscal year 2023-2024 on all parcels of assessable property that are proposed to be annexed to the District, are based on special benefit conferred upon each such parcel from the payment of the cost of the improvements proposed to be provided therein, as further described in the Report; the proportional special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the improvements, as further described in the Report; and the amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel.
Section 3. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Improvements, the boundaries of the Discovery Meadows Annexation area and the assessments which are proposed to be levied on the assessable lots and parcels of property for fiscal year 2023-2024.
Section 4. Intention. The City Council declares that it intends to annex the property described in Section 5 to the District and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Zone C of the District for fiscal year 2023-2024 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.
Section 5. 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 6. Annexation to Assessment District. The distinctive designation of the annexation is "Discovery Meadows Annexation” area to Zone C of Landscaping and Lighting District No. 1. The property which is proposed to be annexed to the District includes 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. The boundaries of the annexation area are further described and shown in the Report. The territory includes 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. 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 7. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Discovery Meadows Annexation area of the District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 4 and the maintenance and servicing thereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase in an amount equal to the greater of (i) two percent (2%) or (ii) the percentage increase of the San Diego-Carlsbad, CA Area for all Urban Consumers, as developed by the U.S. Bureau of Labor Statistics, or a comparable index should such information cease to be collected, not to exceed five percent (5%) in any fiscal year, provided the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessment ballots, which are to be mailed to the owners of assessable parcels of property in the Discovery Meadows Annexation area, as provided in Section 9 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above.
Section 8. Hearing. The time and place of the hearing required by Section 22587 through 22594 of the 1972 Act concerning the proposed annexation of the property described in Section 5 hereof to the District and the assessments which are proposed to be levied for fiscal year 2023-2024 is set for 6:00 p.m. on June 13, 2023, in the Council Chambers at City Hall, 1 Civic Center Drive, San Marcos, California 92069 or virtually in accordance with information provided in the notice and subject to applicable law governing virtual meetings. Should the City determine that, due to a state of emergency or public health concerns, the meeting at which the hearing will be held will be entirely virtual, in accordance with AB 361 or other applicable law, information to that effect will be posted on the City’s website as soon as such information is available and in accordance with the law, and will be included on the meeting agenda for the public hearing to the extent possible.
Section 9. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 8 hereof, to the record owner of each assessable parcel of property identified in the Report. Each such notice mailed to owners of identified parcels within the Discovery Meadows Annexation area of the District shall contain a ballot which includes the City’s address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel, and support or opposition to the proposed assessments.
Section 10. City Clerk Certification. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which Resolution is passed and adopted.
Section 11. 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\40937892.1