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HomeMy WebLinkAbout2000-06-13; City Council; Resolution 2000-1911 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, .CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON. WHEREAS, the City Council of the City of Carlsbad, California, has previously formed a special maintenance district pursuant 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, said special maintenance district known and designated as Street Lighting and Landscaping District ~ No. 1 (hereinafter referred to as the Maintenance District); and WHEREAS, the Maintenance District is an existing assessment district in which assessments are not proposed to be increased, and is exempt from the procedures and requirements of alt assessments under California Constitution Act XIIID 0 5 (a). WHEREAS, the City Council wishes to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements within the Maintenance District; and WHEREAS, there has been presented and approved by this City Council the Engineer’s Report, as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy; and WHEREAS, the improvements to be maintained shall consist of all originally designated and authorized improvements, as well as certain new and additional improvements. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public interest and convenience requires, and it is the intention of this legislative body to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above-referenced Maintenance District, said improvements generally described as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 25 26 27 26 m +v The maintenance of certain street lighting improvements, street trees and median landscaping improvements, as set forth and described in the Engineer’s Report. The proposed new improvements to be maintained and serviced caused generally by new development are described as follows: The maintenance of certain additional street lighting improvements and additional landscaping improvements, including replacement of street trees and median landscaping improvements, all as set forth and described in the Engineer’s Report, which is hereby ordered to be kept on file and open for public inspection in the Office of the City Clerk. BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. That said works of improvement are of direct benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER SECTION 4. A. That the Report of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said Report for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. B. Annual assessment increases will be caused by reasons of increases in the costs of labor, materials and utility cost increases as applied to energy rates and water fees. Assessments can be annually modified and increased to reflect an annual modification in the cost of labor and materials based upon the Consumer Price Index, San Diego, as published by the Department of Labor as computed for the first index in March of each year with additional modifications for related energy and water rate increases. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. All Street Light Benefit Zone, Street Tree Benefit Zone and Street Median Benefit Zone assessments are to remain the same as the previous year and all new assessments added to the tax roll forms will be calculated at the same base formulas as Fiscal Years 1996-97, 1997-98, 1998-99, and 1999-00. In addition, the Administrative Coordinator is directed to mail a notice to the property owners of 59 parcels that were changed from a private street light system to a public street light system which increased their assessment for street light maintenance from $6.90 to $26.00 per parcel for Fiscal Year 2000-2001. PUBLIC HEARING SECTlON 5. Notice is hereby given that a public hearing is hereby scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time: Tuesday, July 11,2000, at 6:00 p.m. At that time this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50% of the assessable area of land within the proposed district. NOTICE SECTION 6. That the City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the North Countv Times, a newspaper of general circulation within the City of Carlsbad, said publication to be completed not less than ten (10) days prior to the date set for the public hearing. Ill Ill ill Ill 39 + . - 1 2 3 4 5 6 8 11 12 13 14 15 16 17 18 23 24 25 26 27 28 PROCEEDINGS INQUIRIES/PROTESTS SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: VlRGlNlA MCCOY ADMlNlSTRATlVE COORDINATOR - SPECIAL DISTRICTS PUBLIC WORKS CITY OF CARLSBAD TELEPHONE: (760) 602-2777 Owners of property within the Maintenance District may mail written protests to the following address: CITY CLERK CD-Y OF CARLSBAD 1200 CARLSBAD VlLLAGE DRIVE CARLSBAD, CA 92008 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council neld on the 13th day of June , 2000 by the following vote, to wit: until Members Hall and Nygaard. ila and Kulchin. (SEAL)