HomeMy WebLinkAbout1989-06-20; City Council; 10088; Street lighting districtCIT» OF CARLSBAD — AGENDA BILL
MTQ 6/20/89
U/M
TITLE: STREET LIGHTING DISTRICT # 1 AND
PROPOSED INCLUSION OF LANDSCAPING
PORTION OF THE LANDSCAPING AND
LIGHTING ACT OF 1972
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RECOMMENDED ACTION:
Council hold public hearing and receive public comments.
Approve Resolution No. fy^f — / 9 *Y confirming assessment.
ITEM EXPLANATION;
At the May 23, 1989 meeting, Council approved Resolutions No.
89-166, 89-167, and 89-168 which directed the Utilities &
Maintenance Director to submit an Engineer's Report; approved
the Engineer's Report and set a public hearing. The purpose
of the hearing is to accept public comment and consider
approval of staff's recommendations to levy assessments to
fund streetlighting and landscape services in FY89-90.
The City's Street Lighting District was formed in 1983
according to provisions of the Streets and Highways Code known
as the Landscaping and Lighting Act of 1972. The costs of
maintaining the City's street lights are funded from
assessments to each property owner based on benefit.
In addition to street lighting, the District will, for the
first time, levy assessments in 1989-90 for landscape
maintenance. The services to be provided are street tree and
median landscape maintenance, as approved by the Council on
December 6, 1988. On that date, Council considered and
approved in principle a staff recommendation to finance the
cost of street tree and median landscape maintenance services
through the "District", and phase in the cost over a three (3)
year period.
Also, at the May 23, 1989 Council meeting, Council considered
a staff proposal to form a landscape maintenance assessment
zone for the Aviara Master Plan area. The developers of
Aviara had proposed to install landscaping improvements far
in excess of City standards. Formation of a special
assessment zone for Aviara was intended to provide a mechanism
to finance the cost of maintaining these additional landscape
improvements. Subsequent to the May 23, 1989 Council meeting,
staff has re-evaluated the assessment zone proposal and
determined that it is not necessary at this time. Conditions
applied to the Aviara Master Plan require that homeowners
associations be responsible for the maintenance of all
landscaping in the master plan area. In staff's opinion,
these conditions are sufficient to assure that the enhanced
landscape improvements in Aviara, including slopes adjacent
to the rights-of-way, will be maintained. The requirements
for maintenance of the enhanced landscaping shall be included
PAGE 2 OF AB# fO
as a separate section of the CC&R's, and/or part of a
landscape maintenance agreement with the hotel. If medians
are not improved beyond City standards, the medians will be
maintained as part of the City-wide median maintenance
assessment zone. Based on the above considerations, it is
staffs recommendation that the Council take no action
concerning the formation of a special assessment zone for
Aviara.
The attached resolutions and Engineer's Report contain a
complete description of the street lighting and landscape
maintenance service to be provided.
FISCAL IMPACT!
The FY1988-89 street lighting budget is $633,582 this year.
The projected fund balance at the end of FY88-89 is $432,193.
It is recommended in the Engineer's Report that this fund
balance be reduced by $60,000 and apportioned to FY1989-90
expenditures. The fund balance includes energy deposits for
new developments and provides for six (6) month's operations.
The amount to be assessed this year is $2,702 more than FY88-
89 ($517,582 vs. $514,880) due to a six percent (6%) increase
in annexed parcels and the related increase in the number of
street lights.
The street tree and median landscape budget is $355,000. This
cost is proposed to be funded by assessments levied by the
landscaping zone, such assessments to be phased in over a
three (3) year period. For the first year, it is recommended
that funding for the program be derived from both the General
Fund ($155,000) and the Assessment District Zone ($200,000).
This proposed assessment will increase assessments to the
average single family residential parcel by $1.26 a year in
the case of median landscape maintenance, and $11.80 a year
for street tree maintenance. A single family residential
parcel benefitting from both street tree and median landscape
service would realize an assessment increase of $13.06. These
increases are partially offset by slight reductions in the
average assessment for street lighting.
EXHIBITS!
A. Engineer's Report and Diagrams
B. Order of Procedure
C. Instruction Sheet
D. Resolution No. ^?~)nf^{ confirming assessment.
ENGINEERS REPORT
AGENCY: CITY OF CARLSBAD
PROJECT: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
ENGINEERS REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972"
WHEREAS, this City Council has previously formed STREET LIGHTING
AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the
"District") and has levied assessments within the District for
prior fiscal years, all pursuant to the "Landscaping and Lighting
Act of 1972", being Division 15, Part 2 of the Streets and Highways
Code of the State of California, commencing with Section 22500
(hereinafter referred to as the "Act"); and
WHEREAS, this City Council has previously adopted a Resolution
ordering the preparation and filing of an Engineer's "Report", all
in accordance with the provisions of the Act.
WHEREAS, at this time there has been filed as a part of the
"Report", certain plans and specifications for the maintenance of
the improvements, an estimate of the costs of maintenance, a
diagram of the District, and an assessment roll containing a spread
of the estimated costs of maintenance within the District, all as
required by the Act and as previously ordered by this City Council.
NOW, THEREFORE, pursuant to the direction from this City Council,
this "Report: is hereby submitted to this City Council pursuant to
the provisions of the Act. This "Report" is applicable for the
fiscal year commencing July 1, 1989 to June 30, 1990 (hereinafter
referred to as the "Fiscal Year"). This report is prepared in 2
parts (Street Lighting and Landscaping), each of which consists of
the following 4 sub-parts:
Part I. PLANS AND SPECIFICATIONS for the maintenance and/or
servicing of the improvements during the Fiscal Year.
The plans and specifications show and describe the
general nature, location and extent of the existing and
proposed improvements to be maintained and/or serviced
during the Fiscal Year. The plans and specifications
also indicate the class and type of improvements to be
maintained and/or serviced for each zone within the
District.
Part II. AN ESTIMATE OF THE COSTS of the maintenance and/or
servicing of the improvements for the Fiscal Year. The
estimate includes the total cost of maintaining and/or
servicing the improvements, (including all incidental
expenses), the amount of any surplus or deficit in the
improvement fund to be carried over from the prior fiscal
year, if any, the amount of any contributions to be made
from sources other than assessments levied pursuant to
the Act, the amount, if any, of the annual installment
for the Fiscal Year, and the net amount to be assessed
upon assessable lots within the District.
Part III. A DIAGRAM of the District. The Diagram shows the
exterior boundaries of the District, the boundaries of
any zones within the District, and the lines and
dimensions of each lot or parcel within the District.
Each parcel is identified by a distinctive number or
letter. The lines and dimensions of each lot conform to
those shown on the County Assessor's map for the Fiscal
Year.
Part IV. AN ASSESSMENT SCHEDULE showing the net amount to be
assessed upon assessable lands within the District,
describing each assessable lot or parcel within the
District by reference to the Parcel numbers contained on
the County Assessment Roll, and assessing the net amount
upon all assessable lots or parcels by apportioning the
net amount among the several accessible lots or parcels
in proportion to the benefits to be received by each lot
or parcel.
All lots and parcels of land known as public property,
as defined under Section 22663 of the Act, have been
omitted and are exempt from any assessment under these
proceedings.
Executed this
California.
ENGINEER OF WORK
CITY^DF CARLSBAD
STATE OF CALIFORNIA
STREET LIGHTING
Pursuant to direction from the City Council, submitted herewith is the
"Report", consisting of the following documents pursuant to the provisions
of Division 15, Part 2, of the Streets and Highways Code of the State of
California, and specifically Section 22500 et. seq., the Landscaping and
Lighting Act of 1972.
PART I. PLANS AND SPECIFICATIONS
The plans and specifications for the maintenance and/or servicing of the
street lighting improvements during the Fiscal Year are on file in the Office
of the Utilities & Maintenance Director, available for public inspection, and
incorporated herein by this reference as though set forth in full. Said
plans and specifications show and describe the general nature, location and
extent of the existing and proposed improvements to be maintained and/or
serviced during the Fiscal Year. The plans and specifications also indicate
the class and type of improvements to be maintained and/or serv.iced for each
zone within the District.
PART II. ESTIMATE OF COSTS
An estimate of the costs of the street lighting improvements to be maintained
for the ensuing twelve-month period, being for July 1, 1989 to June 30, 1990.
PART III. DIAGRAM
A diagram of the Street Lighting District. Said diagram shall show the
exterior boundaries of the Street Lighting District, the boundaries of any
zones within the Street Lighting District, the lines and dimensions of each
lot or parcel within said Street Lighting District and each parcel shall be
identified by a distinctive number or letter. The lines and dimension of
each lot shall conform to those shown on the County Assessor's map for the
fiscal year to which the "Report" applies. A simplified diagram is attached
as Exhibit "A". A detailed diagram is maintained in the office of the
Utilities and Maintenance Director and is available for public inspection.
PART IV. ASSESSMENT SCHEDULE
JULY 1, 1989 THROUGH JUNE 30, 1990
1. COST OF MAINTENANCE SERVICE:
A. Energy $ 386,300.00
B. Personnel 118,582.00
C. Incidentals 128,700.00
Subtotal $ 633,582.00
For Services To Other Depts. $ 28,000.00
City Contributions: 28,000.00
From Fund Balance: 60,000.00
BALANCE TO ASSESSMENT $ 517,582.00
*Detail contained by FY1989-90 approved budget -- Fund 161-6210
METHOD AND FORMULA OF ASSESSMENT SPREAD
Within the Street Lighting Assessment District boundaries are the following
five zones:
1. Zone A - street lights at intersections only (wood poles, SDG&E owned
and maintained)
2. Zone B - street lights at mid-block (SDG&E owned and maintained)
3. Zone C - City owned and maintained street lights on ornamental poles
4. Zone D - SDG&E owned and maintained street lights on ornamental poles
5. Non-benefiting Zone - undeveloped property, not assessed
Within zones B, C, and D, are several codes. The code being the area/areas
developed at the same time and containing the same City standard of street
light spacing.
The assessment to parcels within any one code will be assessed by one of the
following two methods:
1. Residential parcels - pay equal shares of the energy and maintenance
costs of the street lights within their code
2. Commercial and Industrial parcels - share the cost of the energy and
maintenance of the street lights within their code based on the front
footage percent of the area of the code
BENEFITING PARCELS
NON-BENEFITING PARCELS
STREET LIGHTING
&*'
LANDSCAPING AND LIGHTING
DISTRICT NO. I
EXHIBIT "A"
LANDSCAPING
PART I. PLANS AND SPECIFICATIONS
The plans and specifications for the maintenance and/or servicing
of the improvements during the Fiscal Year are on file in the
Office of the Utilities & Maintenance Director, available for
public inspection, and incorporated herein by this reference as
though set forth in full. Said plans and specifications show and
describe the general nature, location and extent of the existing
and proposed improvements to be maintained and/or serviced during
the Fiscal Year. The plans and specifications also indicate the
class and type of improvements to be maintained and/or serviced for
each zone within the District.
PART II. ESTIMATE OF COSTS
The total costs for maintenance and/or servicing of the
improvements during the next Fiscal Year, existing and/or proposed
is as set forth in Exhibit B attached to this "Report" and
incorporated herein by this reference as though set forth in full.
The amount of any surplus or deficit in the Improvement Fund to be
carried over from the prior fiscal year, is $ 0 .
The amount of any contributions to be made to the Improvement Fund
from any sources other than assessments levied pursuant to the Act
is $ 155.000 from the general fund.
The net amount to be assessed upon assessable lands within the
District, being the total improvement costs, as referred to above,
increased or decreased the case may be, by any surplus, deficit,
contribution, or annual installment is 1. Tree Trimming $ 154.000.
2. Medians $ 46.000.
PART III. DIAGRAM
A diagram for the District showing (a) the exterior boundaries of
the District, (b) the boundaries of any zones within the District,
and (c) the liens and dimensions of each lot or parcel of land
within the District, is attached hereto as Exhibits "C" & "D". The
Diagram identifies each lot or parcel by a distinctive number or
letter, which number or letter is correlated with the parcel number
contained on the County Assessment Roll in Part IV of this "Report"
entitled "Assessment Schedule". For a detailed description of the
lines and dimensions of any lot or parcel, reference is hereby made
to the County Assessor's maps, which maps shall govern for all
details concerning the lines and dimensions of such lots or
parcels.
PART IV. ASSESSMENT SCHEDULE
I, the appointed ENGINEER OF WORK, by virtue of the power vested
pursuant to the "Landscaping and Lighting Act of 1972", being
Division 15, Part 2, of the California street and Highways Code,
commencing with Section 22500, and by order of the legislative
body, hereby make the following assessment to cover the estimated
costs and expenses of the maintenance work for the improvements
within STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 for the
Fiscal Year commencing on the 1st day of July, 1989 and ending on
the 30th day of June, 1990. Said costs and expenses are generally
as follows:
COST OF MAINTENANCE
Tree Trimming $ 275.QOO
Medians $ 80.000
TOTAL COSTS S 355.000 Total Budget
SURPLUS/(DEFICIT) $ 0
CONTRIBUTIONS $ 155.000 General Fund
BALANCE TO ASSESSMENT $ 200.000
I do hereby assess and apportion the net amount of the costs and
expenses upon the several parcels of land within said District
liable therefore and benefited thereby, in proportion to the
estimated benefits that each parcel receives, respectively, from
said maintenance of the works of improvement and appurtenances, and
said parcels are hereinafter numbered and set forth to correspond
with the numbers as they appear on the County Assessment Roll for
a description of the lots or parcels, and said Roll shall govern
for all details concerning the description of the lots or parcels.
The net amount to be assessed upon the lands has been spread and
apportioned by a formula in accordance with the benefits received
by each parcel, and in my opinion, said costs and expenses have
been apportioned in direct relationship to the benefits received
from the maintenance of the improvements.
For more specific statement as to the method and formula for the
spread of the assessments, reference is made to the attached,
referenced and incorporated Exhibit "E".
This Assessment has been prepared pursuant to the "Landscaping and
Lighting Act of 1972".
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires that the assessments levied be based on the
benefit the properties receive from the maintenance of the
improvements. The statutes do not specify the method or formula
that should be used in any special assessment district proceedings.
The responsibility rests with the Engineer of Work, who is
appointed for the purpose of making an analysis of the facts and
determining the correct apportionment of the assessment obligation.
For these proceedings, the Engineer of Work is Ralph W. Anderson,
Utilities and Maintenance Director.
The Engineer of Work then makes his recommendation at the public
hearing on the annual levy of assessments, and the final authority
and action rest with the City Council after hearing all testimony
and evidence presented at that public hearing. Upon the conclusion
of the public hearing, the City Council must make the final action
in determining whether or not the assessment spread has been made
in direct proportion to the benefits received.
First of all, it is necessary to identify the benefit that the
maintenance of improvements will render to the properties within
the boundaries of the Maintenance District.
In further making the analysis, it is necessary that the property
owners receive a special and direct benefit distinguished from the
general public. In this case, an in-depth analysis was made, and
several factors are being used in the final method and spread and
assessment.
BENEFIT ASSESSMENT METHODOLOGY
Street Tree Maintenance - Street Trees are in the street right-of-
way, generally between the curb and sidewalk and/or property
line in the areas indicated in Exhibit "A". Each property
receives approximately the same benefit, therefore, staff
proposes a benefit formula in which each parcel is given an
equivalent dwelling unit (EDU) based on the average size of
a single family residential lot in the City of Carlsbad (7,500
square feet or .17 acres). Thus, each single family parcel
is given an EDU of 1.0, while most other parcels are given an
EDU based on the formula:
Acreage = EDU
.17
Using this EDU basis, the proposed annual budget of $275,000 would
result in an approximate annual assessment of $21.15 per single
family residence.
Staff recommends that this assessment be phased in over a three-
year period. A three-year phase in would result in a first year
assessment of $11.80 per single family residential parcel for FY
89-90. In the third year, each parcel would bear its share of the
full cost of the service or $21.15. Assessments would be levied
only on those parcels within the boundaries shown in Exhibit "A".
MEDIAN LANDSCAPE MAINTENANCE - This service generally benefits all
parcels and residents in the City. Accordingly, all parcels
should share in the cost. However, parcels which front upon
streets which receive median landscape maintenance services
generally receive more benefit form the landscape improvements
than other parcels. It is difficult to ascertain precise
benefit, however, staff believes that parcels fronting on the
streets benefit at least twice as much as other parcels.
Therefore, staff recommends that all parcels in the City share
in the cost of median landscape maintenance using the same EDU
formula proposed for Street Tree Maintenance and that those
parcels which front on streets with landscaped medians be
assessed twice the amount of other parcels not fronting on the
median streets.
Using the above formula to assess the costs of the proposed budget
would result in an assessment of $2.16 for single family parcels
which do not front on the streets with medians. A
commercial/industrial parcel of one (1) acre , fronting on Palomar
Airport Road would be assessed approximately $25.41.
Staff also recommends that this assessment and program funding
increase be phased in over a three-year period. A three-year phase
in would result in a first year assessment of $1.26 for parcels
that do not front on the street with medians and $14.90 for the
example commercial/industrial one (1) acre parcel fronting on the
street with a landscaped median. In the third year, each parcel
would bear its share of the full cost of the service, as indicated
above.
The assessment cost estimates indicated above are based on the
number of parcels and actual land uses that exists in 1989-90
funding levels intended to restore the two programs to a fully
functional level.
EXHIBIT "B"
COST ESTIMATE
I. COST OF MAINTENANCE OF IMPROVEMENTS:
A. Tree Trimming - $154,000
B. Medians - $46,000
II. TOTAL COST OF MAINTENANCE: $200,000
IV. SURPLUS/(DEFICIT FROM PRIOR FISCAL YEAR: 0
V. CONTRIBUTIONS: 0
VI. BALANCE TO ASSESSMENT: $200,000
PROPOSED
TREE TRIMMING
BENEFIT AREA
EXHIBIT "C1
*
PROPOSED MEDIAN LANDSCAPE
MAINTENANCE BENEFIT AREA
EXISTING MEDIANS
PROPOSED MEDIANS
EXHIBIT "D"
ORDER OF PROCEDURE
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
DATE OF PUBLIC HEARING: JUNE 20, 1989
MAYOR:
CITY CLERK:
STAFF:
Announce that this is the time and place fixed for the public
hearing relating to the levy of the annual assessments for costs of
maintenance of improvements for STREET LIGHTING AND LANDSCAPING
DISTRICT NO. 1.
Announce that notice has been given in the manner and form as
required by law, and a Certificate of Compliance is on file and
open for public inspection.
Formal presentation of Engineer's "Report":
Provide description of boundaries of District
- Explain extent of maintenance work
Explain method and formula of assessment spread
Summarize annual cost estimate
Report on protests received and announce that copies have been
delivered to each member of the legislative body
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
MAYOR:
STAFF:
CITY COUNCIL:
MAYOR:
ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY.
First, ask to hear from those persons who wish to speak in opposi-
tion to the annual maintenance costs and levy of assessment.
Next, ask to hear from anyone who wishes to speak in favor of the
proceedings.
Give final report on protests received.
Discussion.
Declare Public Hearing CLOSED.
IF THE LEGISLATIVE BODY WISHES TO PROCEED:
CITY COUNCIL:Adopt RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING
FOR THE LEVY OF THE ANNUAL ASSESSMENT: This is the formal action to
confirm the diagram and assessments.
* * *
INSTRUCTION SHEET - PUBLIC HEARING
CITY OF CARLSAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
I. GENERAL INFORMATION
A. WRITTEN PROTESTS
Any interested person may, prior to the conclusion .of the public hearing,
file a written protest with the City Clerk. A written protest by a
property owner shall contain a description sufficient to identify the
property owned by him.
Copies of all protests received should be delivered to each member of the
legislative body.
B. CONDUCT OF THE HEARING
The City shall hold the public hearing at the time and place specified in
the Resolution of Intention, and all interested persons shall be afforded
the opportunity to be heard. For particulars as to the procedure for the
public hearing, see the ORDER OF PROCEDURE.
C. CONTINUING THE PUBLIC HEARING
The City Council may continue the public hearing from time to time;
however, the time for the hearing shall be fixed prior to August 10th and
shall be concluded on such date, or no later than the 3rd Monday in August,
as the County Auditor may authorize.
D. CHANGES IN THE IMPROVEMENTS, ZONES AND DIAGRAM
Either during the course of or upon the conclusion of the public hearing,
the City Council may order changes in any of the matters set forth in the
Engineer's "Report", including changes in the improvements, any zones
within the District where applicable.
E. RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT
Upon the conclusion of the public hearing, the City Council may adopt a
RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT, either as originally
proposed in the Engineer's "Report" or as subsequently modified by the City
Council. The adoption of this Resolution shall constitute the levy?of the
assessment for the fiscal year referred to in the assessment.
F. FISCAL YEAR
The assessment, as levied for these proceedings, will relate to the fiscal
year commencing July 1, 1989 and ending July 30, 1990. Note that new
proceedings must be undertaken to levy the assessments for each ensuing
fiscal year, keeping in mind that the public' hearing must be conducted and
concluded no later than August 10 and that a 10 day published notice must
be given prior to the time of the public hearing.
II. NOTICE REQUIREMENTS
IMMEDIATELY FOLLOWING THE CONCLUSION OF THE PUBLIC HEARING, THE FOLLOWING
NOTICE REQUIREMENTS SHALL BE MET:
A. ASSESSMENT ROLL AND DIAGRAM (RECORDATION)
1. The original assessment roll and diagram (Engineer's "Report") and all
supplemental Exhibits shall be placed of record in the Office of the
U/M Director. For recordation, the original assessment roll, diagram
and support data should be kept in a bound hardcover volume, as said
document is a permanent public record of the City following
recordation.
2. A certified copy of the assessment and diagram shall be filed with the
County Auditor, said filing to be completed immediately after the
adoption of the RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT and in
no event later than the 3rd Monday in August (Streets and Highways Code
S22641).
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES as follows:
The undersigned is now, and at all times mentioned herein was, the
duly appointed, qualified and acting CITY CLERK of the CITY OF
CARLSBAD, CALIFORNIA, and as such, accomplished or caused to be
accomplished the notice requirements in connection with the
referenced District, as noted:
PUBLICATION
(CARLSBAD JOURNAL)
The RESOLUTION OF INTENTION was published in the designated legal
newspaper two (2) times, said publications being accomplished on
the £ut> day of 3~u KJ£. _ , 1989, and the J2^ daY of CTu*J£L
1989.
POSTING
A copy of the AGENDA for the meeting of May 23, 1989, setting forth
a general description of the proposed actions of the legislative
body and the time and place of the meeting, was posted in a
location freely accessible to the general public at least 72 hours
before the time set for said meeting; said posting being
accomplished on the /9 ^ day of fftAY _ , 1989.
EXECUTED this J* day of vTa»0£L _ , 1989, at Carlsbad,
California.
J.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
RESOLUTION NO. 89-194
2 RESOLUTION OP THE CITY COUNCIL OF THE CITY OF
, CARLSBAD, CALIFORNIA, CONFIRMING THE DIAGRAM
AND ASSESSMENT AND PROVIDING FOR THE LEVY OF
. THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE
DISTRICT
5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
6 CALIFORNIA, has initiated proceedings for the levy of the annual
7 assessment for a landscaping and lighting district created
8 pursuant to the terms of the "Landscaping and Lighting Act of
9 1972", being Division 15, Part 2 of the Streets and Highways
10 Code of the State of California (the "Act"), in a special mainte-
nance district known and designated as STREET LIGHTING AND
12 LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the
13 "District"); and,
14 WHEREAS, at this time a public hearing has been held in the
15 manner and form as required by the Act, and this City Council is
16 now satisfied with the assessment and diagram and all other
17 matters as contained in the Engineer's "Report" as now submitted
18 for final consideration and approval.
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NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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* RECITALS
21 SECTION 1. That the above recitals are all true and
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correct.
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PROTESTS
24 SECTION 2. That all protests and objections of every kind
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and nature be, and the same hereby are, overruled and denied.
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CONFIRMATION2
SECTION 3. That the final assessment and diagram for theo
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proceedings, as contained in the Engineer's "Report", is hereby
approved and confirmed.
SECTION 4. That the public interest and convenience
requires, and this legislative body does hereby order the mainte-
nance work to be made and performed as said maintenance work is
set forth in the Engineer's "Report" and as previously declared
and set forth in the Resolution of Intention.
SECTION 5. That the assessments contained in said "Report"
for the next fiscal year are hereby confirmed and levied upon
the respective lots or parcels of land in the District in the
amounts as set forth in said final "Report".
FILING AND RECORDING
SECTION 6. That the above-referenced diagram and assess-
ment shall ,be filed in the Office of the City Clerk, with a
certified copy to be filed in the Office of the City Engineer.
Said diagram and assessment, and the certified copy thereof,
shall be open for public inspection.
SECTION 7. That the City Clerk is hereby ordered and
directed to immediately file a certified copy of the diagram and
assessment with the County Auditor. Said filing must be
completed no later than August 10 of this year, unless the
County Auditor shall authorize a later filing.
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ENTRY UPON THE ASSESSMENT ROLL2
SECTION 8. That after the filing of the diagram and assess-
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ment, the County Auditor shall enter on the County assessment
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roll opposite each lot or parcel of land the amount assessed
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thereupon, as shown in the assessment.
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COLLECTION AND PAYMENT
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SECTION 9. The assessments shall be collected at the same8
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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.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the 20th day
of June , 1989, by the following vote, to wit:
AYES: Council Members Lewis, Mamaux & Pettine
NOES: - None
ABSENT: Council Members Kulchin 6^a^on //
IDE A. LEWIS, Mayor
ATTESTS
ALETHA L. RAUTENKRANZ, City
23 (SEAL)
24
25
26
27
28