HomeMy WebLinkAbout1978-04-04; City Council; 5283-2; La Costa Maintenance District, v ".• •••'.•
, " ': CITY OF'CARLSBAD
AGENDA BILL NO.jJl? j£ff , j&Lsp^t^^^ *^J.- Initials^—
v 'f Dept.Hd. _
DATE' April 4, 1978
DEPARTMENT : City Manager _____ C. Mgr.|i
Subject:
LA COSTA MAINTENANCE DISTRICT
Statement of the Matter . . .
In order to proceed with the formation of the La Costa Maintenance - .
District, the City Council will need to formally initiate the procedure
required to form the district. The required procedure is outlined as
follows: \ .',•••
1. Staff presents a map designated, "Map of La Costa Maintenance
District." This map shows the proposed boundaries of the District,
a Schematic design of -the area to be maintained.
2. After the. map has been presented and considered by the City Council,
Resolution No. <_?^ry • Ordering the Preparation of the Report,
should be adoptea by the Council.
3. The consultant will then present the report for the Council's con-
s|deration. Upon presentation of the report, the Council may
approve the report as set forth in Resolution No. ^3 fr Q , or
modify the report. If the Council wishes the report modified , .it
might be necessary to continue the matter so that appropriate changes
in the report could be made. •
4. If the Council approves the report as presented, the Council should
adopt Resolution No. £3&f , Approving Engineer's Report, and
Ordering Filing in the office of the City Clerk.
5. The Council should then adopt Resolution No.^^^^ , the
Resolution of Intention and Setting Time and Place for Public Hearing.
If no continuances are required, the required public hearing will be
held May 2, 1978.
Exhibit
Resolution No.jy , Ordering Preparation of Plans, Specifications,
Cost Estimate, Diagram, Assessment and Report.
Report of the Engineer of work for La Costa Maintenance District.
Resolution No. \5jSJe?f__i Approving Engineer's Report and Ordering
Filing in the office of the City Clerk.
Resolution No . £3 ? 0 , Resolution of Intention and Setting Time
and Place for Public Hearing.
Recommendation
If the City Council desires to proceed with the formation, the Council's
action is to follow the procedure outlined above and adopt the attached
resolutions-^,
AGENDA BILL NO. 5283 - Supplement #2 April 4, 1978
Council action
4-4-78 Resolution #5368 was adopted, ordering the preparation
of Plans, Specifications, cost estimate, diagram,
Assessment and Report;
Resolution
Report;
#5369 was adopted,
and
approving the Engineer's
Resolution #5370 was adopted, declaring the Council's
intention to order the formation of a maintenance
district, and setting a time and place for public
hearing thereon.
CERTIFICATE OF MAILING AND
POSTING STREETS
LA COSTA MAINTENANCE DISTRICT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
I, MARGARET E. ADAMS , under Penalty of
Perjury, CERTIFY AS FOLLOWS:
1. That the undersigned is now and at all times herein
mentioned, was the duly appointed, qualified and acting City Clerk
of the City of CARLSBAD, California.
2. That on the 19th day of April r!978
pursuant to the provisions of Divison 15 of the Streets and Highways
Code of the State of California, "The Landscaping and Lighting Act
of 1972", the undersigned did post copies of the Resolution of
Intention, headed NOTICES OF IMPROVEMENT, said Notices were posted
at intervals of not more than three hundred (300) feet along all
streets within the proposed Maintenance Assessment District and
that said posting was completed at least ten (10) days prior to
the date scheduled for the Public Hearing thereon; and
3. That the undersigned did, on the 20th day of
April, 1978 , further cause Notice to Property
Owners to be mailed pursuant to the provisions of Section 22557
of the Streets and Highways Code of the State of California, said
mailing being to the persons whose names and addresses appear
on the last equalized County Assessment Roll or the State Board
of Equalization, as the case may be. Said notices were mailed
to all those persons who were in the category of the below listed
circumstances:
A. Whenever the total estimated assessment for any
parcel exceeded $100.00;
B. Whenever the property owner was a non-resident
of the Maintenance District;
C. Whenever the property owner was a public utility;
D. Whenever the property owner had filed a written
request with the City Clerk for Notices to be mailed.
Said mailing was completed, postage prepaid, first class, at least
ten (10) days prior to the date set for hearing thereon.
Executed this 25th day of April. 1978 *
at CARLSBAD. CALIFORNIA •
CITY OF CARLSBAD
STATE OF CALIFORNIA
MEMORANDUM
TO: Flank Mann en
FROM: Joe Spano
PATE: Ap^Lt 19, 1978
SUBJECT: La Co&ta Maintenance
6e adv-Uid that "NOTICE Of IMPROVEMENT" po*t<LU
UA&iict weAe. poAte.d 04 tie,qiWuid by the. Gov&inmznt
Code*. Tha. potting w<u c,ompt<it<L.d today.
RESOLUTION NO. 5368
RESOLUTION OF THE CITY COUNCIL ORDERING THE
PREPARATION OF PLANS, SPECIFICATIONS, COST
ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT,
PURSUANT TO THE PROVISIONS OF DIVISION 15,
PART 2 OF THE STREETS AND HIGHWAYS CODE OF
THE STATE OF CALIFORNIA, THE "LANDSCAPING
AND LIGHTING ACT OF 1972", FOR CERTAIN
MAINTENANCE IN A MAINTENANCE DISTRICT.
CITY OF CARLSBAD
WHEREAS, the public interest, convenience and necessity require,
and it is the intention of this City Council to order the forma-
tion of a maintenance district for the maintenance and servicing
of certain landscaping, slopes, and any appurtenant work thereto,
in a district in said City to be known and designated as
LA COSTA MAINTENANCE DISTRICT
(hereinafter referred to as the "Maintenance District"); and,
WHEREAS, these proceedings for the annual levy of assessment
shall relate to the fiscal year commencing July 1, 1978 and
ending June 30, 1979; and,
WHEREAS, there has been, at this time, submitted to this City
Council for its consideration, a map showing the boundaries of
the area affected by the annual levy of the assessment for the
above referenced fiscal year, and said map further shows and
describes in general, a description of the works of improvement
to be maintained under these proceedings, and said description
is general in its nature and sufficient to identify the works of
improvement and the areas proposed to be assessed; and,
WHEREAS, the provisions of said Division 15, Part 2 require a
written report concerning the proposed improvements and consisting
of the following:
1. Plans and Specifications of the area of the
works of improvement to be maintained;
2. An estimate of the costs for maintaining the
improvements for the ensuing fiscal year;
3. A diagram of the area proposed to be assessed;
4. An assessment of the estimated costs for the
maintenance work for said fiscal year.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CARLSBAD
CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2.
SECTION 3,
SECTION 4,
SECTION 5.
SECTION 6.
That a map entitled "LA COSTA MAINTENANCE DISTRICT"
as herein submitted, showing the boundaries of the
proposed Maintenance District, and showing the
works of improvement to be maintained is hereby
approved and adopted by this City Council, and a
copy shall be on file in the Office of the City
Clerk and open for public inspection. The proposed
parcels and properties within said area are those
proposed to be assessed to pay certain of the costs
and expenses for maintenance work.
That the proposed Maintenance District shall be
for the maintenance of certain landscaping, slopes,
and public ways as said areas are shown on the Map
as previously approved by this City Council.
That URBAN ENGINEERING, a consulting civil engineering
firm, the appointed ENGINEER OF WORK, is hereby ordered
to prepare and file the "Report" in accordance with
Article IV, commencing with Section 22565 of Chapter 1
of the Streets and Highways Code.
That upon completion, said Engineer of Work is ordered
to file said "Report" with the City Clerk, who shall
then submit it to the City Council for its considera-
tion, pursuant to Chapter 2, Sections 22623 and
22624 of the Streets and Highways Code.
That all the landscaping and easements to be maintained
are within public easements as shown on a final map of
Tract No. 75-7, City of Carlsbad.
APPROVED and ADOPTED this 4th day of April. 1978
/
MAYOR, RONALD C. PACKARD
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CIT£ CLERK , MARGARE
CITY Ojf CARLSBAD
STATE OF CALIFORNIA
ADAMS
-2-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF CARLSBAD )
I, MARGARET E. ADAMS, City Clerk of the City of CARLSBAD,
California, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 5368 was duly passed, approved and
adopted by said City Council, approved and signed by the
Mayor, and attested by the City Clerk, all at a regular
meeting of said City Council held on the 4th day of
i L. 1 978 r and that the same was passed and
adopted by the following vote, to-wit:
AYES: COUNCILMEN: Packard, Skotnicki, Anear and
Councilwoman Casler
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Executed this 6th day of April. 1978 , at CARLSBAD,
California.
'isL '^*r
CLJGRK (
CITY OJ CARLSBAD
STATE OF CALIFORNIA
^^
[SEAL]
RESOLUTION NO.5369
RESOLUTION OF THE CITY COUNCIL APPROVING
THE ENGINEER'S "REPORT" FOR ANNUAL LEVY
OF ASSESSMENT FOR FISCAL YEAR IN A
MAINTENANCE DISTRICT WITHIN SAID CITY,
AND ORDERING FILING OF SAID "REPORT" IN
THE OFFICE OF THE CITY CLERK.
CITY OF CARLSBAD
WHEREAS, pursuant to the provisions of Division 15, Part 2 of
the Streets and Highways Code of the State of California, being
known as the "Landscaping and Lighting Act of 1972", this City
Council did, by previous Resolution, order the preparation of
an Engineer's "Report" for the annual levy of assessment, con-
sisting of plans and specifications, an estimate of the cost,
a diagram of the maintenance district, and an assessment relating
to what is now known and designated as
LA COSTA MAINTENANCE DISTRICT
(hereinafter referred to as the "Maintenance District"); and,
WHEREAS, there now has been presented to this City Council the
"Report" as required by said Division 15 of the Streets and High-
ways Code and as previously directed by Resolution; and,
WHEREAS, this City Council has now carefully examined and inspected
the "Report" as presented, and is satisfied with each and all of
the items and documents as set forth therein, and is satisfied
that the assessments, on a preliminary basis, have been spread in
accordance with the benefits received from the maintenance to be
performed as set forth on the plans and specifications.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CARLSBAD
CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the "Report" as presented, consisting of the
following:
1. Plans and specifications;
2. Estimate of cost;
3. Diagram of the Maintenance District;
4. Assessment of the estimated costs,
is hereby approved on a preliminary basis, and is
ordered to be filed in the Office of the City
Clerk as a permanent record and open for public
inspection.
SECTION 3. That the proposed assessment, as spread upon the
several subdivisions of land within the Maintenance
District on a preliminary basis, is in proportion
to the estimated benefits to be received from the
landscaping maintenance, and said costs at this
time are hereby preliminarily approved by this City
Council.
SECTION 4. That the City Clerk shall certify to the passage
and adoption of this Resolution and the Minutes
of this meeting shall so reflect the presentation
of the Engineer's "Report".
APPROVED and ADOPTED this 4th day of April. 1978
MAYOIT, RONALD C. PACKARD
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CT(Y CLERK , MAKti/TCtfl
CITY 0F CARLSBAD
STATE OF CALIFORNIA
-2-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
I, MARGARET E. ADAMS, City Clerk of the City of CARLSBAD,
California, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 5369 was duly passed, approved and
adopted by said City Council, approved and signed by the
Mayor, and attested by the City Clerk, all at a regular
meeting of said City Council held on the 4th
^ 1978
day of
and that the same was passed and
adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Packard, Skotnicki, Anear and
Councilwoman Casler
None
None
Executed this
California.
6th day of April, 1978 at CARLSBAD,
MARGATE'
CITY QF CARLSBAD
STATE OF CALIFORNIA
[SEALl
tMAILING1
TTICE OF PUBLIC HEARING
RESOLUTION NO. 5370
RESOLUTION OF THE CITY COUNCIL DECLARING
ITS INTENTION TO ORDER THE FORMATION OF A
MAINTENANCE DISTRICT AND TO LEVY AND COLLECT
ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTE-
NANCE PURSUANT TO THE PROVISIONS OF DIVISION
15, PART 2 OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND SETTING A
TIME AND PLACE FOR PUBLIC HEARING THEREON.
CITY OF CARLSBAD
WHEREAS, the City Council has considered the formation of a
Maintenance Assessment District pursuant to the provisions
of Division 15, Part 2 of the Streets and Highways Code of
the State of California, being the "Landscaping and Lighting
Act of 1972" for a maintenance district to be known and
designated as
LA COSTA MAINTENANCE DISTRICT
(hereinafter referred to as the "Maintenance District"); and,
WHEREAS, at this time, there has been presented and approved
by this City Council the Engineer's "Report" as required by
law, and at this time this City Council is desirous of proceeding
with the formation of said Maintenance District.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CARLSBAD
CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2,
SECTION 3.
PUBLIC INTEREST
That the public interest and convenience requires,
and it is the intention of this City Council to
order the formation of a Maintenance Assessment
District to levy and collect annual assessments for
continual maintenance of certain landscaping and
public easements generally located with Tract 75-7,
City of Carlsbad, as said area is shown and deli-
neated on a map as previously approved by this City
Council and on file in the Office of the City Clerk,
open to public inspection, and herein so referenced
and made a part hereof.
REPORT
That the "Report" of the Engineer of Work regarding
the formation of said Maintenance District, which
"Report" is for the maintenance for fiscal year
commencing July 1, 1978, is hereby approved and is
directed to be filed in the Office of the City Clerk,
SECTION 4,
SECTION 5.
SECTION 6,
SECTION 7,
ASSESSMENT
That the public interest and convenience requires,
and it is the intention of this City Council to
order the formation of the Maintenance District as
set forth and described in said Engineer's "Report",
and further it is determined to be within the best
public interest and convenience to levy and collect
annual assessments to pay the costs and expenses of
said maintenance and improvement as estimated in
said "Report".
DESCRIPTION OF MAINTENANCE
The improvements for which said Maintenance District
is to be formed and the assessments levied and
collected shall generally consist of the following:
1. The maintenance and servicing of landscaping at
the places and points as shown on the Assessment
Diagram for the La Costa Maintenance District as
previously approved by this City Council;
2. The maintenance and servicing of the slopes, in-
clusing erosion control, as said places and
points are shown on the previously referenced
map;
3. Any and all work and materials appurtenant and
incidental thereto to maintaining and servicing
the landscaping and slopes as shown on said map.
COUNTY AUDITOR
The County Auditor shall enter on the County Assess-
ment Roll the amount of the assessments and shall
collect said assessments at the time and in the same
manner as County taxes are collected. After collec-
tion by the County, the net amount of the assessments,
after the deduction of any compensation due to the
County for collection, shall be paid to the Treasurer
for purposes of paying for the costs and expenses of
said Maintenance District.
SPECIAL FUND
The City Treasurer shall herewith establish a special
fund known as "LA COSTA MAINTENANCE DISTRICT FUND"
into which the said Treasurer shall place all monies
collected by the Tax Collector as soon as said monies
have been received by said Treasurer. Payment shall
be made out of said fund only for the purposes pro-
vided for in this Resolution, and, in order to expe-
dite the making of this maintenance and improvement,
the City Council may transfer into said special fund
money from any available source, such funds as it may
deem necessaty to expedite the proceedings. Any funds
so transferred shall be deemed a loan to said special
fund and shall be repaid out of the proceeds of the
assessments provided for in this Resolution.
-2-
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12,
BOUNDARIES OF DISTRICT
Said contemplated maintenance work is, in the.opinion
of this City Council, of direct benefit to the pro-
perties within the boundaries of the Maintenance
District, and this City Council makes the costs and
expenses of said improvements chargeable upon a dist-
rict, which district said City Council hereby de-
clares to be the district benefited by said improve-
ments and maintenance and to be further assessed to
pay the costs and expenses thereof. Said Maintenance
District shall include each and every parcel of land
within the boundaries of said Maintenance District as
said Maintenance District is shown on a map as app-
roved by this City Council and on file in the Office
of the City Clerk and so designated by the name of
the Maintenance District.
PUBLIC PROPERTY
Any lots or parcels of land known as public property,
as the same are defined in Section 22663 of Division
15, Part 2 of the Streets and Highways Code of the
State of California, which are included within the
boundaries of the Maintenance District, shall be
omitted and exempt from any assessment to be made
under these proceedings to cover any of the costs
and expenses of said maintenance work.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 2nd DAY
OF MAY, 1978, AT THE HOUR OF 7:30 P.M. IN THE COUNCIL
CHAMBERS OF THE CITY COUNCIL, BEING THE REGULAR
MEETING PLACE OF SAID CITY COUNCIL, IS THE TIME AND
PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF
PROTESTS OR OBJECTIONS IN REFERENCE TO THE FORMATION
OF THE PROPOSED MAINTENANCE DISTRICT, TO THE EXTENT
OF THE MAINTENANCE, WORKS OF IMPROVEMENT, AND ANY
OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY
PERSONS WHO WISH TO OBJECT TO THE FORMATION OF THE
MAINTENANCE DISTRICT SHOULD FILE A WRITTEN PROTEST
WITH THE CITY CLERK PRIOR TO THE TIME SET AND
SCHEDULED FOR SAID PUBLIC HEARING.
NOTICE
That the City Clerk is hereby authorized and directed
to publish a copy of this Resolution in the CARLSBAD
JOURNAL, a newspaper of general circulation in said
City; said publication shall be not less than ten
(10) days before the date for said Public Hearing.
That the City Clerk is hereby further directed to
mail copies of this Resolution, by first class mail,
postage prepaid, to all owners of land within said
proposed Maintenance District, not less than ten
(10) days before the date set for said Public Hearing,
all as set forth and in accordance with Division 15 of
the Streets and Highways Code, the "Landscaping and
Lighting Act of 1972".
-3-
SECTION 13.That the City Clerk is hereby further directed to
mail notices of the Public Hearing on the forma^
tion of the Maintenance District to all persons as
required and as specified pursuant to Section 22557
of the Streets and Highways Code of the State of
California.
SECTION 14,
SECTION 15.
EFFECTIVE DATE
That this Resolution shall take effect immediately
upon its adoption.
PROCEEDINGS INQUIRIES
For any and all information relating to the proceed-
ings, protest procedure, any documentation and/or
information of a procedural or technical nature, your
attention is directed to the below listed person and
the local agency or department so designated:
FRANK W. SALFINGERE, JR.
URBAN ENGINEERING
ENGINEER OF WORK
19720 CAMINO DE ROSA
WALNUT, CALIFORNIA 91789
TELEPHONE: (714) 595-2279
OR
FRANK N. MANNEN, ADMINISTRATIVE ASSISTANT
CITY OF CARLSBAD
CITY HALL
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
TELEPHONE: (714) 729-1181
APPROVED and ADOPTED this 4th day of April. 1978
MAYOR, RONALD C. PACKARD
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CITY pLEKK, MARGARET
CITY OF /CARLSBAD
STATE OF CALIFORNIA
ADAMS
THIS IS NOT A BILL. YOU SHOULD CHECK THE IDENTITY OF YOUR PROPERTY
AS SET FORTH BELOW. AT THIS TIME, ALL FIGURES AND ASSESSMENTS ARE
BASED ON ESTIMATES, AND ESTIMATES ONLY, AND THE ESTIMATED ASSESSMENT
TO BE CHARGED TO YOUR PARTICULAR PARCEL OF PROPERTY FOR THE WORKS OF
IMPROVEMENT AS SET FORTH IN THESE PROCEEDINGS AND FOR THIS SPECIAL
MAINTENANCE DISTRICT IS AS FOLLOWS:
ASSESSMENT NUMBER PROPERTY DESCRIPTION ESTIMATED ASSESSMENT
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