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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 -4-