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HomeMy WebLinkAbout2003-11-04; City Council; Resolution 2003-2951 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 Exhibit 3 RESOLUTION NO. 2003-295 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING ITS INTENTION TO FORM A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS IN SUCH DISTRICT, SETTING NOVEMBER 18, 2003 AS THE DATE FOR THE PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, 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 (the “1972 Act”), Article XlllD 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 1972 Act, Article XlllD and the Implementation Act are referred to collectively as the “Assessment Law”), did, by previous Resolution, initiate proceedings to form a special assessment district and ordered the preparation of an Assessment Engineer‘s Report for the levy of assessments within such proposed district, such special assessment district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 (the “Maintenance District”); and, WHEREAS, there has been presented and preliminarily approved by this City Council a map of the proposed boundaries of the Maintenance District and the Assessment Engineer’s Report, as required by the Assessment Law; and WHEREAS, at this time the City Council desires to approve the map of the proposed boundaries of the Maintenance District and to declare its intention to form such Maintenance District and to provide for the levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance and servicing of the improvements in such Maintenance District; and, WHEREAS, the provisions of Article XlllD and the Implementation Act require as a prerequisite to the levy of any new assessment that the City Council conduct a public hearing pertaining to such proposed new assessment and that the record owners of all of the territory proposed to be included in the Maintenance District and to be assessed be given the right to 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 3 submit assessment ballots in favor of or in opposition to the levy of such proposed new assessment; and WHEREAS, the provisions of Article XlllD and the Implementation Act further provide that such public hearing shall be conducted not less than 45 days after the mailing of a notice of such public hearing, accompanied by such assessment ballots, to the record owners of each parcel proposed to be assessed; and WHEREAS, the record owners of each parcel within the boundaries of the proposed Maintenance District which is proposed to be assessed have waived their right to have such public hearing be conducted not less than 45 days after the mailing of such notice, accompanied by such assessment ballots, and have requested that such public hearing be held on November 18, 2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. Declaration of Intention. The public interest and convenience requires, and it is the intention of the City Council, to order the formation of the Maintenance District and to levy and collect assessments to finance the payment of the annual costs and expenses for the maintenance and servicing of certain improvements including both landscaping improvements and appurtenances and street lighting improvements and appurtenances. Such improvements are generally described in the Assessment Engineer's Report, which is incorporated herein by this reference. The maintenance and servicing of such improvements is generally described in the remainder of this paragraph 2. The landscaping improvements to be maintained and serviced include, but are not limited to, plants, shrubbery and trees, irrigation systems, hardscapes, fixtures, sidewalks and appurtenant facilities. Such landscaping improvements may be located in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Maintenance District. The street lighting improvements to be maintained and serviced include, but are not Page 2 of 6 of Resolution No. 2003-295 4 1 2 3 4 5 6 7 8 9 IO I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 3 limited to, poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Maintenance District. The maintenance of such improvements shall include the furnishing of services and materials for the ordinary and usual maintenance, operation, repair and servicing of such landscaping and street lighting improvements and appurtenant facilities, including repair, removal or replacement of all or a part of any landscaping, public lighting or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, 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 improvements to remove or cover graffiti. The servicing of the improvements shall include the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting improvements and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of the landscaping improvements and the administration of all aspects of the Maintenance District. 3. Boundaries of Maintenance District. The improvements are of special benefit to the properties within the boundaries of the Maintenance District. The City Council hereby declares such boundaries to encompass the area specially benefited by such improvements. Such boundaries are shown on the map of the proposed boundaries of the Maintenance District, which is hereby approved by the City Council, 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. 4. Report of Assessment Engineer. The Assessment Engineer’s Report, as preliminarily approved by the City Council, is on file with the City Clerk and open for public inspection. Reference is made to such Report for a full and detailed description of the improvements to be installed and/or 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. Page 3 of 6 of Resolution No. 2003-295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 Exhibit 3 5. Public Hearina. Notice is hereby given that a public hearing is hereby scheduled to be held in the City Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California 92008 on November 18,2003 at 6:OO p.m. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written communications made or filed by any interested persons. The City Council shall, at the conclusion of the public hearing, also determine whether assessment ballots submitted pursuant to the Assessment Law in opposition to the proposed assessments within the Maintenance District exceed assessment ballots submitted in favor of such proposed assessments. Pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within the Maintenance District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots must be received by the City Clerk at the following address at or before the close of the public hearing: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 90008 All assessment ballots must be received by the City Clerk prior to the time that the public hearing is closed. An assessment ballot which is delivered by mail with a postmark which is prior to the date and time of the public hearing but which is not received by the City Clerk until after the public hearing is closed will not be counted. At the conclusion of the public hearing, the City Council shall, pursuant to Government Code Section 53753, cause the assessment ballots timely received to be tabulated. If a majority Page 4 of 6 of Resolution No. 2003-295 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 Exhibit 3 protest exists, the City Council shall not impose an assessment within the Maintenance District. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the Maintenance District exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. 6. Notice. The City Clerk is hereby directed to mail, pursuant to the Assessment Law, notice of the public hearing and the assessment ballot proceedings and of the adoption of this Resolution of Intention and of the filing of the Assessment Engineer's Report, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. 7. Proceedinus Inuuiries. The following staff person is designated to respond to all inquiries for any and all information relating to the proposed Maintenance District and these proceedings, including the assessment ballot procedure: Kevin Branca Assistant Finance Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-241 8 8. adoption. Ill Ill Ill Ill Ill Ill Effective Date. This Resolution of Intention shall take effect immediately upon its Page 5 of 6 of Resolution No. 2003-295 ra 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 Exhibit 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of November , 2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ATTEST: - LORRAINE M. WOOD, City Clerk Page 6 of 6 of Resolution No. 2003-295 (Seal)