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HomeMy WebLinkAbout1989-08-08; City Council; 10187; Buena Vista Creek Channel MaintenanceCl- OF CARLSBAD - AGE BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT RECOMMENDED ACTION: 1. Approve revised Engineer's Report and Benefit Assessment Map. 2. Hold public hearin ? and receive public comments. Approve Resolution No.r5"7-J 7 adopting annual Benefit Assessments for Buena Vista Creek Channel Maintenance District Benefit Area. ITEM EXPLANATION: On June 18, 1989, Council approved Resolution No. 89-250 declaring intention to levy annual assessments, setting a time and place for a public hearing and approving the Engineer's Report and letter of attachment for legal services for the formation of the Buena Vista Channel Maintenance District. The purpose of the district is to provide a effective consistent means of clearing the channel, which is located between El Camino Real and the Jefferson bridge and which ultimately flows into the Buena Vista Channel. Owners of over 80% of the property adjacent to the channel, Plaza Camino Real and Hughes North County Associates, have requested the City to form and manage the maintenance district. For clarification, the property owned by Hughes North County Associates is actually held by two separate General Partnerships, Hughes North County Associates and Hughes North County Associates II, or collectively Hughes. Subsequent to Council's action July 18, 1989 approving Resolution No. 89-250, staff has re-examined the assessment spread and ownership information supplied at the planning stages of the Benefit District and discovered there are additional owners of assessable parcels within the Benefit District boundary other than Hughes and Plaza Camino Real. All owners of affected parcels have at this time been notified by mail. In addition to Plaza Camino Real and Hughes, the owners of the parcels on which May Company, Broadway Stores, Pennys, Bullocks, a Veterinarian office, Spa Guys and Tune- up Masters are located, have received mailed notice. (See revised Engineer's Report.) Hughes and Plaza Camino Real, which represent 83% of the area to be assessed, have consented to formation of the proposed Benefit Assessment Area. The remaining property owners representing 17% of the Benefit Assessment Area, have not consented. PAGE 2 OF AB# /0,/g7 As of the time this report was written, staff has received no objections as to the formation of the District from the additional owners. If objections are received between now and August 8, 1989, Council will be informed at the public hearing. The Engineer's Report and Assessment Map have been revised to update the aforementioned changes. Council is requested to review the revised report and map. Staff will be available to answer any questions prior to the opening of the public hearing. FISCAL IMPACT: Their will be no cost to the City if Benefit Area is adopted. Total cost of maintenance and incidentals will be covered by assessments to the property owners. EXHIBI'i'S: 1. Order of Procedure 2. Revised Engineer's Report and Diagram 3. Instruction Sheet 4. Resolution No. s3-&?7 adopting Annual Benefit Assessments for Buena Vista Creek Channel Maintenance District Benefit Area. \ 1 ORDER OF PROCEDURE CITY OF CARLSBAD BENEFIT AREA NO. 1 DATE OF PUBLIC HEARING: AUGUST 8, 1989 MAYOR 2 Announce that this is the time and place fixed for the public hearing on (a) the formation of Benefit Area No. 1 and (b) levy of assessments for costs of maintenance and improvements. CLERK : Announce that notice has been given in the manner and form as required by law, a Certificate of Compliance is on file and open for public inspection, and notice was given generally as follows: A. PUBLICATION of Resolution of Intention B. MAILING of Resolution of Intention STAFF: STAFF: MAYOR: ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY. STAFF: MAYOR: - Explain purpose, scope and order of procedure for Public Hearing - Provide description of boundaries of Benefit Area No. 1 - Explain extent of proposed maintenance work - Present and summarize "Report" pursuant to the provisions of the "Benefit Assessment Act of 1982" - Explain method and formula of assessment spread - Make recommendation as to any modifications necessary in the assessments or proceedings, if any Report on protests or comments received and announce that copies have been delivered to each member of the legislative body. END OF STAFF.REPORT - OPEN FOR PUBLIC DISCUSSION First, ask to hear from those persons who wish to speak in opposition to the following: A. Boundaries of the Benefit Area B. Extent of works of maintenance C. Method of assessment spread Next, ask to hear from anyone who wishes to speak in favor of the proceedings. Final report on protests received. Declare Public Hearing CLOSED. A - ORDER OF PROCEDURE CITY OF CARLSBAD BENEFIT AREA NO. 1 PAGE TWO DATE OF PUBLIC HEARING: AUGUST 8, 1989 IF THE LEGISLATIVE BODY WISHES TO PROCEED: CITY COUNCIL: Adopt RESOLUTION ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR A BENEFIT AREA AND CONFIRMING DIAGRAM AND ASSESSMENT: This is the formal action to order the work, adopt the annual benefit assessment and confirm the diagram and assessments. -AGENCY : CITY OF CARLSBAD PROJECT: BDBNA VISTA CREEK MAINTENANCE DISTRICT TO: CITY COUBCIL CITY OF CARLSBAD STATE OF CALIFORNIA REPORT PUWUANT m "BBNEFIT ASSESSHBHT ACT OF 1982" Pursuant to direction from the City council, submitted herewith is the "Report", consisting of the following documents, pursuant to the provisions of the *Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703. This "Report"i.8 applicable for the enauing twelve-month period, being the fiscal year commencing July 1, 1989 to June 30, 1990. 1. DESCRIPTION OF SERVICE (Exhibit "A"): A description of the eervice proposed to be financed through revenue derived from the levy and collection of the annual special assessment. 2. COST ESTIMATE (Exhibit "B"): A listing of all costs and expenses for the next fiscal year, including incidental expenses. 3. ASSESSMENT SCHEDULE (Exhibit "C"): The annual assessment schedule, setting forth the following: A. Annual Assessment: The amount of the proposed assessment for each parcel. B. Description of Parcel: A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Aasessor'a parcel number. 4. DIAGRAM OF AREA OF BENEFIT (Exhibit "D"): A diagram showing the exterior boundaries of the area of benefit, the boundaries of any zones within the area of benefit and the linem and dimensions of each lot or parcel within the area of benefit. Each parcel ahall be identified by a distinctive number or letter. The lines and dimensions of each lot shall conform to thoae on the County Assessor*8 map for the fiscal year to which the "Report" applies. 5. METHOD OF SPREAD (Exhibit "E"): The basis and echedule for the levy of the proposed aaaessmenta. No asaeasmenta ahall be imposed or levied upon land owned by a Federal or State governmental agency and/or any other local agency. Any utility property and right-of-way shall be subject to aaaeasment only to the extent that it is specifically benefited from the proposed services. - Executed this sbad, California. MAINTENANCE DI CITY OF CARLSBAD STATE OF CALIFORNIA Final approval, confirmation and 1evy"of the annual assessment and all matters in the Engineer's "Report" was made on the r?" day of , 1989, by adoption of Resolution No. p‘j-J.?7 by the City Council. . CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA A copy of said Assessment Roll and Engineer's "Report" was filed in the Office of and the City Clerk on the 3dday of , 1989. 0 CITY CLERK \ CITY OF CARLSBAD STATE OF CALIFORNIA CITY OF CARLSBAD STATE OF CALIFORNIA - EXHIBIT “A” DESCRIPTION OF SERVICE The work will consist of periodic cleaning of the overgrowth and silt that impedes the free flow of water in the creek channel. A typical method of removal would be by utilization of dredging equipment consisting of a drag line and/or muck pump. At times, this would require the removal of dense vegetation materials by hand. EXHIBIT "B" COST ESTIMATE A. COST OF ANNUAL MAINTENANCE B. INCIDENTAL EXPENSES C. TOTAL ANNUAL COSTS D. CONTRIBUTION E. BALANCE TO ASSESSMENT $ 95,ooo.oo $ 5,ooo.oo $100,000.00 $ 0.00 $100,000.00 EXHIBIT "C" l ASSESSMENT SCHEDULE WHEREAS, this City Council has previously, pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, adopted the Resolution ordering the preparing and filing of a I'Report", all in accordance with the provisions of said Act; and, WHEREAS, said *@Reportt* consisting of certain documentation, including the amount of the proposed assessment for each parcel, a description of the parcel and a description of the service proposed to be provided, has now been prepared. NOW, THEREFORE, the appointed UTILITIES AND MAINTENANCE DIRECTOR, by virtue of the power vested pursuant to said Act and by order of the legislative body, hereby makes and recommends the following assessment to cover the costs and expenses of the service proposed to be financed through the levy of assessments and revenue derived for the next fiscal year. Said costs and expenses are generally as follows: COST ESTIMATE COST OF MAINTENANCE $ 95,ooo.oo COST OF IMPROVEMENTS $ 0.00 INCIDENTAL EXPENSES $ 5.000.00 TOTAL COSTS $ 100,000.00 CONTRIBUTION/SURPLUS $ 0.00 BALANCE TO ASSESSMENT $ 100,000.00 A diagram is attached hereto showing the area of benefit and the boundaries and dimensions of the respective parcels of land proposed to be assessed for the service work to be provided. I do hereby assess and apportion the total amount of the costs and expenses upon the several parcels of land within the area of benefit in proportion to the estimated benefits received, and hereby further state as follows: A. The amount of any assessment imposed is specifically related to the benefit of the parcel witch will be derived from the provision of the service to be provided. . B. The annual aggregate amount of the total assessment shall not exceed the estimated annual cost of providing the service. C. The revenue derived form the assessment shall not be used to pay for the cost of any service other than the service for which the assessment was levied. The assessment parcels herein refer to 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 any formula in accordance with the benefits received form each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the maintenance works of improvement. Where, and if applicable, different zones for different areas of benefit have been established, and a different method of spread was used, if applicable for differing degrees of benefit. In the opinion of the undersigned, the assessments have been spread and apportioned in accordance with the benefits to be received from the proposed work and services. Dated: CITY OF CARLSBAD STATE OF CALIFORNIA -. -...,un RUL 3 EL WI-- d?? #geaw- -,a* i _ h*7 -- -- -- &.p . EXHIBIT “El’ METHOD OF SPREAD - The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Benefit Assessment Act of 1982", must be based on the benefit that the properties receive from the works of improvement. The statutes does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, 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 Utilities and Maintenance Director will be performing the services of the Assessment Engineer. The Assessment Engineer then makes his recommendation at the public hearing on the Maintenance District, and the final authority and action rests with the City after hearing all testimony and evidence presented at the public hearing. Upon the conclusion of the public hearing, the City 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 public improvement will render to the properties within the boundaries of the Maintenance District. The Assessment Engineer has determined that each of the property owners benefit from the maintenance of that portion of the total channel, which abuts or fronts upon the respective parcels. Costs are to be shared as follows: Plaza Camino Real Area (See Revised Assessment List) 55.1% Hughes North County Associates -I=- 44.9% Hughes North County Associates II In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished form that of 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. The Assessment Engineer has determined that each property owner receives benefit in proportion to their frontage on the channel, the size of their parcels as compared to other assessable parcels and the work to be performed. In conclusion, it is my opinion Maintenance District have been sprea benefits that each parcel receives assessments for the ordance with the DATED: did / , 1989 CITY OF CARLSBAD STATE OF CALIFORNIA .- - REVISED - BUENA VISTA CHANNEL MAINTENANCE DISTRICT ASSESSMENT SPREAD APN ACREAGE PERCENT ASSESSMENT OWNER ------------------------------------------------------------------------------------------- 156-301-07 156-301-08 156-301-09 156-301-12 156-302-05 156-302-06 156-302-07 156-302-08 156-302-09 156-302-10 156-302-12 156-302-15 156-302-16 156-302-18 156-302-19 156-302-20 156-302-21 156-302-22 156-302-26 156-302-27 156-302-30 1.39 0.72 2.37 0.33 ** 0.22 0.78 0.44 42ii 2.2 0.16 0.93 OOOE 0:15 0.32 0.07 0.58 0.83 1.77 3.35 ------- 5.882% 3.047% 10.030% 1.397% 0.931% 3.301% 1.862% 8.887% 18.028% 9.310% 0.677% 3.936% 2.539% 0.254% 0.635% 1.354% 0.296% 2.455% 3.512% 7.490% 14.177% ---------- $367.61 $2,136.72 $1,378.53 $160.83 $1,332.58 $1,906.96 $4,066.66 $7,696.78 ----------- SUB-TOTAL: 23.63 100% of 55.1% $54,291.00 156-302-02 0.58 1.045% $1,051.16 156-302-03 ** 0.02 0.036% $36.25 156-302-04 ** 0.21 0.378% $380.59 ------- -----__--- __------____ SUB-TOTAL: 0.81 1.459% $1,468.00 156-301-15 21.18 68.191% $30,168.20 165-120-56 9.88 31.80% $14,072.80 -__-___ _______--- ------------ SUB-TOTAL: 31.06 100% of 44.% $44,241.00 PLAZA CAMINO REAL CARTER HAWLEY HALE STORES INC PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL NEW MARJORAM ASSOCIATES MAY DEPARTMENT STORES CO MAY PROPERTIES INC PLAZA CAMINO REAL NEW MARJORAM ASSOCIATES CARTER HAWLEY HALE STORES INC FEDERATED DEPARTMENT STORES INC FEDERATED DEPARTMENT STORES INC PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL CARTER HAWLEY HALE STORES INC PLAZA CAMINO REAL PLAZA CAMINO REAL RICHARD 0. & ELLIE M. WATTLES G.W. & SONDRA J. DUNSTER HAROLD R. & NORMA 3. PHILLIPS HUGHES NORTH COUNTY ASSOCIATES HUGHES NORTH COUNTY ASSOCIATES II ******************************************************************************************* GRAND TOTAL: 55.5 100.000 $100,000.00 ** APPROXIMATE ACREAGE AGENCY: CITY OF CARLSBAD PROJECT: BENEFIT AREA NO. 1 DATE OF PUBLIC HEARING: AUGUST 8, 1989 IMMEDIATELY FOWNG TRE CONCLUSION OF TBE PUBLIC BEARING, THE FOLLOWING NOTICE REQUIREMENTS SBALL BE RET: I. ENGINEER'S "REPORT" (ORIGINAL) . A. ASSESSMENT ROLL AND DIAGRAM (RECORDATION) 1. The original assessment roll and diagram (Engineer's "Report") shall be placed of record in the Office of the City Engineer of the City of Carlsbad. 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 w(ith the City Engineer of the City of Oceanside. 3. A certified copy of the assessment and diagram shall be filed with the County Auditor, said filing to be completed no later than the AUGUST 10TH. B. ASSESSMENT DIAGRAM (RECORDATION) 1. A copy of the ASSESSMENT DIAGRAM shall be filed in the Office of the County Recorder. A fee is applicable for II. NOTICE OF ASSESSMENT A. The NOTICE OF ASSESSMENT shall be recorded said recordation. in the Office of the County Recorder. The assessment parcels in this Notice will be described by referencing the document number, etc. of the filed ASSESSMENT DIAGRAM. It will be necessary to fill in this information after the filing of the Aesessment Diagram. Again, a fee is applicable. B. Also attached to the NOTICE OF ASSESSMENT shall be list indicating the names of the assessed owners in the boundaries of Benefit Area No. 1. This requirement is pursuant to Section 27288.1 of the Government Code of the State of California. I would suggest that only the names of the owners be included on this list. * * * 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 .I RESOLUTION NO. 89-287 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAIUSBAD, CALIFORNIA, ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR BUENA VISTA CREEK CHANNEL MAINTENANCE BENEFIT AREA WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initiated proceedings and held a public hearing relating to the levy and imposition of benefit assessments pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, said area of benefit being known and designated as BENEFIT AREA NO. 1 (hereinafter referred to as the "Benefit Area"); and, WHEREAS, at this time the public hearing has been held in the manner and form as required by law, and this City Council is now satisfied with the Report of the Engineer and is ready to proceed to levy the annual assessments on each parcel of property within the Benefit Area; and, WHEREAS, it is further determined that there are less than 12 registered voters within the local area of benefit, and that a written consent to the levy of the assessments has been submitted, executed by the owners of more than 60% in area of the lands proposed to be assessed; and, WHEREAS, the consent has been received from the City of Oceanside to allow the levy of assessments and certain works of maintenance to be performed within the jurisdictional and incorporated limits of said City. NOW, THEREFORE, BE IT RESOLVED: RECITALS SECTION 1. That the above recitals are all true and correct. PUBLIC HEARING SECTION 2. The public hearing is closed and all protests of any kind, if any, are hereby expressly overruled and denied. BOUNDARIES SECTION 3. That the boundaries and parcels shown within the area of benefit designated as BENEFIT AREA NO. 1 are hereby ratified and determined to be the properties benefiting from the proposed works of maintenance, said properties lying within the boundaries of the Cities of Oceanside and Carlsbad. ASSESSMENTS SECTION 4. That it is hereby determined and ordered as follows: 1. That the annual levy of assessments for the maintenance and/or servicing of the improvements are hereby confirmed and levied for the next fiscal year. 2. That it is further determined that as applicable the costs of the work and services may be greater than can conveniently be raised from a single annual assessment, and it is hereby further determined that the cost of the work can be collected over a period of years. MAINTENANCE WORK SECTION 5. That it is hereby further ordered that the work of maintenance as set forth in the Resolution of Intention is hereby specifically ordered, said work described as follows: f . 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 All necessary work and services for the mainte- nance and drainage of the BUENA VISTA CREEK CHANNEL between JEFFERSON STREET and EL CAMINO REAL, including the removal of sediment, vegetation and other debris and all other works of maintenance, said work to be performed within the Cities of Oceanside and Carlsbad. For a full and detailed desfcription of the services to be funded by the imposition of the special assessments, reference is hereby made to the "Report" previously approved and on file in the Office of the City Clerk. NOTICE SECTION 6. That immediately upon the adoption of this Resolution the City Clerk shall cause notice to be given in the following manner: 1. Deliver the original Report of the Engineer consisting of the assessment and diagram to the City Engineer of the City of Carlsbad, and said City Engineer shall immediately place for record said diagram and assessment in a suitable book as a permanent record. 2. Cause a certified copy of the assessment diagram and annual assessment levy to be immediately filed with the City Engineer of the City of Oceanside. 3. Cause a certified copy of the assessment diagram and annual assessment levy to be filed with the County Auditor, said filing to be completed no later than AUGUST 10TH. 4. Cause a certified copy of the assessment diagram to be immediately filed in the Office of the County Recorder. 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 5. Cause to be recorded a NOTICE OF ASSESSMENT in the County Recorder and attached to said Notice shall be a list setting forth the names of all property owners within the boundaries of the Benefit Area. ASSESSMENT COLLECTION SECTION 7. That the above confirmed and levied annual assessment shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for the collection and enforcement of County taxes shall be applicable to the collection and enforcement of these assessments. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 8th day of August , 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, and Mamaux NOES: None ABSENT: Council Members Petti ATTEST: ALETHA L. RAUTENKRANZ, City\Clerk (SEAL) , CERTIFICATE OF SUFFICIENCY OF PETITION AND CONSENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD The undersigned hereby CERTIFIES as follows: That I am the duly appointed UTILITIES AND MAINTENANCE DIRECTOR of the CITY OF CARLSBAD, CALIFORNIA. That on the 30th day of June 1989, I reviewed a Petition and Consent for the formation of a sp&ial area of benefit to levy assessments upon benefited properties pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 4 of the Government Code of the State of California, said benefit area known and designated as BENEFIT AREA NO. 1 (hereinafter referred to as the "Benefit Area"), a copy of which is on file in the office of the City Clerk. That I cause said Petition and Consent to be examined and my examination revealed that said Petition and Consent has been signed by property owners representing more than sixty (60%) percent of the assessable area of lands within the boundaries of the proposed Benefit Area. That said Petition and Consent did represent eighty-three @-%) percent of the assessable area of property within the boundaries of the Benefit Area. Executed this California. -day of , 1989, at Carlsbad, CI++ OF CARLSBAD STATE OF CALIFORNIA - t 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-1519 TELEPHONE (619) 438-7753 UTILITIES & MAINTENANCE DEPARTMENT July 27, 1989 Dear Property Owner: On August 8, 1989, the City Council of the City of Carlsbad will consider formation of a Benefit Assessment Area for the maintenance of the Buena Vista Creek Channel west of El Camino Real. Property owned by you may receive benefit from the maintenance of the Channel and is included within the assessment area. Your property may be subject to an assessment should the Council approve the formation of the district at the August 8, 1989 meeting. Should you have any questions or wish to register any objections to the formation of this benefit assessment area, please contact Ms. Virginia McCoy, of the City's Utilities and Maintenance Department, at 438-7753. You may also appear personally at the City Council meeting on August 8, 1989. The Council meeting begins at 6:OOPM in the City Council Chambers located at 1200 Elm Avenue in the City of Carlsbad. 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 RESOLUTION NO. 89-250 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO LEVY ANNUAL BENEFIT ASSESSMENTS, SETTING A TIME AND PLACE FOR A PUBLIC HEARING, AND APPROVING REPORT OF ENGINEER WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initiated proceedings relating to the levy and imposition of benefit assessments pursuant to the terms and provisions of the "Benefit Assessment Act of 1902", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, said area of benefit being known and designated as BENEFIT AREA NO. 1 (herein- after referred to as the "Benefit Area"); and, WHEREAS, there has now been presented the Report as required and previously authorized, and this legislative body is now satisfied with the levy of the assessments and is desirous to proceed to authorize a time and place for a public hearing. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2. That the public interest and convenience requires, and this legislative body does propose at this time to initiate proceedings to levy and impose benefit assessments to finance the maintenance and operation costs related to the following: All necessary work and services for the mainte- nance and drainage of the BUENA VISTA CREEK CHANNEL between JEFFERSON STREET and EL CAMINO REAL, including the removal of sediment, vegetation and other debris and all other works of maintenance. For a full and detailed desfcription of the services to be funded by the imposition of the special assess- ments, reference is hereby made to the "Report" approved by this Resolution and on file in the Office of the City Clerk. BOUNDARIES OF BENEFIT AREA SECTION 3. That said work and services Will provide a special and direct benefit to the property and parcels of land within the boundaries of the Benefit Area, and the map submitted herewith, showing the boundaries of the Benefit Area and lands and properties to be assessed, designated as "BOUNDARIES OF BENEFIT AREA NO. l", is hereby approved and adopted. ASSESSMENTS SECTION 4. The public interest and convenience requires, and it is the intention of this legislative body to order and levy annual assessments for the maintenance and/or servicing of the above improvements, and it is further determined that the benefit assessments are not taxes for the general benefit of the government of this City, but are assessments to be levied for services which confer special benefits upon the properties to be assessed and to which the services are so provided. REPORT OF ENGINEER SECTION 5. That the Report, as presented, is hereby approved and is ordered to be kept on file in the Office of the City Clerk as a permanent record and to remain open for public inspection. Said Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived from the levy and collection of the annual special assessment; B. A description of each lot or parcel of property proposed to be subject to the benefit assessment, s'aid parcel being described by the County Assessor‘s parcel number; C. A diagram showing the exterior boundaries of the Benefit Area, the boundaries of any zones with the Benefit Area and the lines and dimensions of each lot or parcel within the Benefit Area. Each parcel is identified by a distinc- tive number or letter. The lines and dimensions of each lot conform to those on the County Assessor's map for the fiscal year to which the Report applies; ' D. The amount of the proposed assessment for each parcel; E. The basis and schedule for the levy of the proposed assessments. PUBLIC HEARING SECTION 6. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 8TH DAY OF AUGUST, 1989, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEGISLA- TIVE BODY FOR HEARING PROTESTS OR OBJECTIONS TO THE LEVY AND IMPOSITION OF 'ANNUAL BENEFIT ASSESSMENTS TO PAY FOR THE COSTS AND EXPENSES NECESSARY TO FINANCE THE AUTHORIZED MAINTENANCE AND . . ) , i I . ‘~ 1 E 2 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 OPERATION COSTS FOR CERTAIN DRAINAGE AND FLOOD CONTROL SERVICES. ANY PERSON WISHING TO OBJECT TO THESE PROCEEDINGS AND ALL MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING. PUBLIC AND UTILITY PROPERTY SECTION 7. That it is hereby determined that public property owned by any public agency and in the use and perfor- mance of a public function and which is included within the boundaries of the Benefit Area shall be omitted and exempt from any assessment made under these proceedings. If any railroad, gas, water or electric utility right-of-way shall be included within the boundaries of the Benefit Area and subject to assess- ment, in determining the extent of benefit it shall be presumed that its use as a utility shall be permanent. NOTICE SECTION 8. That the City Clerk is hereby authorized and directed to give notice as follows: A. A copy of this Resolution of Intention shall be published in the CARLSBAD JOURNAL, a newspaper of general circulation within said City; said publication to be completed not less than ten (10) days prior to the date set for the public hearing. B. A copy of this Resolution of Intention shall be mailed by first-class mail, postage prepaid, to all property owners within the Benefit Area whose names and addresses appear on the last equalized County assessment roll, said mailing to be completed not less than twenty (20) days prior to the date set for the public hearing. PROCEEDINGS INQUIRIES SECTION 9. For any and all information relating to these proceedings, including information relating to the protest proce- dure, your attention is directed to the person designated below: RALPH ANDERSON UTILITIES & MAINTENANCE SUPERVISOR CITY OF CARLSBAD 2075 LAS PALMAS CARLSBAD, CA 92009 TELEPHONE: ( 619) 438-7753 SPECIAL COUNSEL SERVICES SECTION 10. That the letter agreement for Special Counsel services submitted herewith by Brown & Diven, Attorneys at Law, is hereby accepted and approved for execution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 18th day of July , 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux NOES: None ABSENT: None ATTEST: --lfdaklR- ALETHA L: RAUTENKRANZ, City Clerk (SEAL) NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the City of Carlsbad. California. will receive up to but not later than 11:OO a.m., August 7. 1989 at the office of the Purchasing Officer of the City of Carlsbad. 12lM Elm Ave- nue. Carlsbad. CA 92006, sealed bids for the following: 1989 CHEVROLET SUBURBAN Specifications are on file in the omce of the Purchasing Officer for interested bidders. ALETHA L. RAUTENKRANZ City Clerk CJ 4578: July 26. 19e.9 NEGATIVE DECLARATION PROJECT ADDRESSILOCA- TION: The project site is located along the north side of Hemlock Street between Garfield Street and the AT & SF Railway. PROJECT DESCRIPTION: A Minor Subdivision. Site Develop- ment Plan and a Condominium Per- mit to allow a four unit condomi- nlum project on a .31 acre site. The Clty of Carlsbad has conduct- ed an envlronmental review of the above described project pursuant to the GuIdelInes-for Impiementa- tion of the California Envlronmen- ta1 Quality Act and the Environ- mental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby-issued for the subiect oroject. Justification for this action is bn file in the Plan- ning Department. , A copy of the Negative Declara- Uon with supportive documents is : on iile in the Planning Department, T 2075 Las Palmas Drive, Carlsbad. ’ California 92009. Comments from the oublic are invited. Please sub- : mit‘comments in writing to the Planning Department within thirty (30) days of date of issuance. . Dated:.July 28. 1989 Case No: MS-EC8lSDP 89-5ICP 89-7 Applicant: Hemlock I MICHAEL J. HOUMILLER Planning Director C!J 4578: July Z&1989 RESOLUTION NO. 89-250 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, DECLARING INTENTION TO LEVY ANNUAL BENEFIT ASSESSMENTS, SETTING A TIME AND PLACE FOR A PUBLIC HEARING, AND APPROVING REPORT OF ENGINEER WHEREAS, the CITY COrNCIL of the CITY OF CARLSBAU. CALI- FORNIA. has initiatetl proreedinps relating to the le!-y and imposition of benefit assessments pursuant to thelermsand provis~onsofthe”Be- nefit Assessment Act of 1982”. beingChapter6.4.DivisionZ.Title5 oftheGovernmentCodeoftheState of California, commencing with Section 54703. said area of benefit being known and designated as BE- NEFITAREANO. l(hereinafterre- ierred to as the “Benefit Area”l: and. WHEREAS, there has now been presented the Report as required and previously euthorixed. and this legislative body is now satisfied with the levy of the assessments and is desirous to proceed to autho- rise a time and place for a public hearing. NOW. THEREFORE. BE IT RE- SOLVED AS FOLLOWS: REClTALS SECTION 1. That the above recite als are all true and correct. DECLARATION OF 1NTENTlON SECTION 2. That the public in- terest and convenience requires. and this legislative body does PPO- pbse at thy6 time to initiate pro- eeedlngs to levy and impose benefit assessments to finance the mainte- nance and operation costs related to the following: All necessary work and services for the maintenance and drainage of the BUENA VISTA CREEK CHANNEL between JEFFERSON STREET and EL CAMINO REAL. includina the removal of sediment. vegetation and other debris and all other works of maintenance. For a iull and detailed description of the services to be funded by the imposi- tion oithe special assessments, ref- erence is hereby made to the “Re- port” approved by this Resolution and on file in the Ofilce of the City Clerk. BOUNDARIES OF BENEFIT AREA SECTION 3. That said w&k and services will provide a special and direct benefit to the property and parcels of land within the bound. aries of the Benefit Area, and the map submitted herewith, showing the boundaries of the Benefit Area and lands and properties to be assessed, designated as “BOUND- ARIES OF BENEFIT AREA NO. I”, is hereby approved and adopted. A%ESSMENTS SECTION 4. The nublic interest and convenience r&ire% and it is the intention of this legislative body to order and levy annual assessments for the maintenance and!or servicing of the above im- provements, and it is further deter- mined that the benetit assessment? are not taxes for thegeneral benefit of the government of this City, but are assessments to be levied for services which confer special be- nefits upon the properties to be assessed and to which the services are so provided. REPORT OF ENGINEER SECTION 5. That the Report. as presented, is hereby approved and is ordered to be kept on tile in the Office of the Citv Clerk as a perma- nent record and-to remain open for public inspection. Said Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived Tom the levy and collection of the annual special assessment: B. A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the county Assessor’s parcel number: C. A diagram showlng the ex. terior boundaries of the Beneiit Area, the boundaries of any zones with the Benefit Area and the lines and dimensions of each lot or par- cel within the Benefit Area. Each parcel is identliied by a distinctive number or letter. The lines and dimensions of each lot conform to those on the County Assessor’s map for the fiscal year to which the Re- port applies: D. The amount of the proposed assessment for each parcel; E. The basis and schedule for the levy of the proposed assessments. PUBLIC HEARING SECTION 6. NOTICE IS HEREBY GIVEN THAT TUESDAY,THE BTH DAY OF AUGUST, 1989, AT THE HOUR OF 8:OO P.M., IN THE REGU- LAR MEETING PLACE OF THIS LEGISLATIVE BODY. BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEGISLATIVE BODY FOR HEARING PROTESTS OR OBJECTIONS TO THE LEVY AND IMPOSITION OF ANNUAL BENEFIT ASSESSMENTS TO PAY FOR THE COSTS AND EXPENSES NECESSARY TO FINANCE THE AUTHORIZED MAINTENANCE AND OPERATION COSTS FOR CERTAIN DRAINAGE AND FLOOD CONTROL SERVICES. ANY PERSON WISHING TO OB- JECT TO THESE PROCEEDINGS AND ALL MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING. PLiBLIC AND UTILITY PROPERTY SECTION 7. That it is hereby de- 1 edbyanypublfea&e~K$&fiin;he use and perfdrmanc@ of i publk function and wblch ir included within the boundaries bf‘#e BC nefit Area shall be om&d and eX- emot from any asseshment made $ier these jrqceedings. If any railroad, gas, water OL electric util- itv right-of-way shall he included within the bokdariea of the Be- nefit Area and subject to esseaa- mcnt. in determinIng the extent oi beneiit it shall be presumed that its use as a utility shall be permanent. NOTICE SECTION 8. That the City Clerk iS hereby authorised and dlreeted to give notice as follows: A. A copy of this Resolution of In- tentlon shall be publlshed tn the CARLSBAD JOURNAL. a news- paper ofgeneral circulation wlthln said City; said publlcatlon to be completed not less than ten (IO) days prior to the date.aet for the public hearing. B. A copy of this Resoluthon of In- tention ahall be mrllcd by first- clans makl, postage prePaid, to all property owners wlthin the Benefit Area whore nemes and addmaaea appear on the last equalised Coun- ty l ssesrment roll, said malliw to be completed not Iesa than ttinty (SO) days prior to the date set for the public hiiarlng. PROCEEDINGS INQUltUES SECTION 8. For any and all in- formation relating to theae pro- ceedlngs, Including lnformatlon re- latlng to the protest procedure, your attention la dlrected to the peraon deslgnated below: RALPH ANDERSON UTILITIES 6 MAINTENANCE SUPERVxBOR cgTYo;;TYs CARLSBAD, CA 920iW TELEPHONE: (619) 4SWlbs SPECIAL COUNSEL SERVICES SECTION 10. That the letter agreement for Special Counsel s4r- vices submitted herewith by Brown & Dtven, Attorneys at Law, is hereby accepted and approved for execution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlrbad at its regular meeting held on the 18th day of July, 1988, by the following vote, to wlt: AYES: Council Members Lewis, hi*maux and LWSOII NOES: None ABSENT: None CLAUDE A. LEWIS Mayor ’ ATIXST: ALETHA L RAUTENKRANZ City Clerk (SEAL) CB - Wednesday, July 36, 1p8cI, *.. Carlsbad Jotimai Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, . -.,, -_-. ..- -~- -. -.=...--.. ~--.-, -..- ..-. - T-.‘I . . ..-.--.-- - ‘. I .’ --*i principal clerk of the printer of the Carlsbad Journal a newspaper of generc RESOLUTION NO. 89-250rwice weekly in the City of Carlsbad, County of San Diego, State of Californic RESOLUTION OF THE CITY COUNCIL OF THE CITY OF . is published for the dissemination of locat news and intelligence of a general ct Dr$R&~~$~N~~$!~~~$o ,spaper at all times herein mentioned had and still has a bona fide subscription -YAmUALBENEFIT g, and which newspaper has been established, printed and published at regula ASSESSMENTS, SETTING A TIMEANDPLACEFORA .Ityof Carlsbad, County of San Diego, State of California, for a period exceeding c PUBLIC HEARING, AND APPROVING REPORT OF ENGINEER I_Y*-.- ---.ol. ‘.c.m -_l...,..._._*,_l-l. c-&.,3rtF -----‘-ding the date of publication I ed by any public agency and in the use and performance “f a public nafter referred to: and that t WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD-CALI- FORNIA. has initiated proce@dings relating to the levy and imposition of benefit assessments pursuant to the termsand provisionsofthe”Bc- nefit Assessment Act of 1982”. beingChapter6.4.Div’aionZ,Title5 ofthe Government C,,?Ie<?t’the Stale of California. commencing with Section 54703. said area of benefit being known and designated as BE- NEFITAREANO. 1 (hereinatterre- ferred to as the “Benefit Area”); and, WHEREAS. there has now been presented the Report as required and previously authorized. and this legislative body is now satisfied with the levy of the assessments and is desirous to proceed to autho- rize a time and place for a public hearing. NOW. THEREFORE, BE IT RE- SOLVED AS FOLLOWS. RECITALS provements, and It IS further deter- mined that the benefit assessments are not taxes for the general benefit of the government of this City. but are assessments to be lewed for services which confer special be- neflts upon the propertIes to be assessed and to which the services function and which is included within the boundaries of the Be- 7 the annexed is a printed coy “ent Areashallbeomitted and ex- shed in each regular and entire empt from any assessment made ““der these proceedings. If any paper and not in any suppleme railroad, gas. water or electric util- it” right-of-way shall be included )llOWinU dates, to-Wit: SECTION 1. That the above recit- als are all true and correct. DECLARATIONOFlNTENTION SECTION 2. That the pubbc I”- terest and convenience requires. and this legislative body does pro- pose at this time to initiate pro- ceedings to levy and impose benefit asses&nts to finance the mainte- nance and operation costs related to the following. All necessary work and services for the maintenance and drainage of the BUENA VISTA CREEK CHANNEL between JEFFERSON STREET and EL CAMINO REAL. including the removal of sediment, vegetation and other debris and all other works of maintenance. For a full and detailed description of the services to be funded by the imposi- tion ofthe special assessments. ref- erence is hireby made to the “Re- port” approved by this Resolution and on file in the Office of the City Clerk BOUNDARIES OF BENEFIT AREA - SECTION 3. That said work and services will provide a special and direct benefit to the DrouertY and parcels of land within the bound- aries of the Benefit Area. and the map submitted herewith, showing the boundaries of the Benefit Area and lands and properties to be assessed, designated as “BOUND- ARIES OF BENEFIT AREA NO. l”, is hereby approved and adopted. ASSESSMENTS SECTION 4. The public interest and convenience requires, and it is the intention of this legislative body to order and levy annual assessments for the maintenance and/or servicing of the above im- are so provided. REPORTOFENGlNEER SECTION 5 That the Report. as presented. is hereby approved and is ordered to be kept on tile in the Office of the City Clerk as a perma- nent record and to remain open for public inspection Said Report generally consists of the following: A A description of the service proposed to de financed through wvenue derived from the levy and ._ . collection of the annual special rwssment. B. A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Assessor’s parcel number: C. A diagram showing the ex- terior boundaries of the Beneftt Area, the boundaries of any zones with the Benefit Area and the lines and dimensions of each lot or par- cel within the Benefit Area. Each parcel is identified by a distinctive number or letter. The lines and dimensions of each lot conform to those on the County Assessor’s map for the fiscal year to which the Re- port applies: D. The amount of the proposed assessment for each parcel: E. The basis and schedule for the levy of the proposed assessments. PUBLIC HEARING SECTION 6. NOTICE IS HEREBY GIVEN THAT TUESDAY,THE STH DAY OF AUGUST, 1989, AT THE HOUROF6:OOP.M.,INTHEREGU- LAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEGISLATIVE BODY FOR HEARING PROTESTS OR OBJECTIONS TO THE LEVY AND IMPOSITION OF ANNUAL BENEFIT ASSESSMENTS TO PAY FOR THE COSTS AND EXPENSES NECESSARY TO FINANCE THE AUTHORIZED MAINTENANCE AND OPERATION COSTS FOR CERTAIN DRAINAGE AND FLOOD CONTROL SERVICES. ANY PERSON WISHING TO OB- JECT TO THESE PROCEEDINGS AND ALL MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING. PUBLZC AND UTILITY PROPERTY SECTION 7. That it is hereby de- termined that public property own- within the boundaries of the Be- nefit Area and subject to assess- ment, in determining the extent of benefit it shall be presumed that its July 26 use as a utility shall be permanent. . . . . . . . _ . . . t . . , . . . . . NOTICE SECTION 8. That the City Clerk iS hereby authorized and directed to give notice as follows: A. A copy of this Resolution of In- tention shall be published in the CARLSBAD JOURNAL. a news- paper ofgeneral circulation within said City; said publication to be completed not less than ten (10) days prior to the date set for the public hearing. B. A copy of this Resolution of In- tention shall be mailed by first- class mail, postage prepaid. to all property owners witbin the Benefit Area whose names and addresses appear on the last equalized Coun- , . . . . . . . . . . . ti &sessment roll, said mailing to be completed not less than twenty (29)dayspriortothedatesetforthe . . . . . . . . . . . . . . . . . . . . public hearing. PROCEEDINGS INQUIRIES SECTION 9. For any and all in- formation relating to these pro- ceedings, including information re- . ., lating to tne protest procedure. your attention is directed to the under penalty of perjury that the foregbin ed matter. circulation, and which ratter, and t of paying ntervals in 3 year next the notice ! notice of has been sue of said thereof on E 1 , 1 ! is ! t 19..?. . 19.... . 19.... Ig is true and person designated below: RALPH ANDERSON ‘. Executed at Car#x$d$&$ty of San Diego, State of UTILITIES & MAINTENANCE ‘Ia 0” A SUPERVISOR CITY OF CARLSBAD July, 1989 2075 LAS PALMAS CARLSBAD. CA 92009 TELEPHONE: (619) 4387753 . SPECIAL COUNSEL SERVICES SECTION 10. That the letter agreement for Special Counsel ser- vices submitted herewith by Brown & Dive”, Attorneys at Law, is hereby accepted and approved for execution. I ” Clerk of the Printer . PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 18th day of July, lssg, by the followim? vote. to I wit: AYES: Council Members Lewis, Kulchin. Pettine, Mamaux and Larson NOES: None ABSENT: None CLAUDE A LEWIS Mavor ATTEST: ALETHA L. RAUTENKRANZ City Clerk (SEAL) CJ 4577: July 26.1989 .- CERTIFICATE OF COMPLIANCE WI"H NOTICE REQUIREMENTS BENEFIT AREA 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 qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished the notice requirements in connection with the referenced Benefit Area No. 1 as noted: RECORDATION The original of the original ENGINEER'S "REPORT" (ASSESSMENT AND DIAGRAM) was placed of record in the Office of the of the City of Carlsbad on the day Of & ~6 u ST , 1989. A copy of the original ENGINEER'S "REPORT" (ASSESSMENT ROLL AND DIAGRAM) was filed in the Office of the City Engineer of the City of Oceanside on the /y+h day of fi~(-* sT , 1989. A certified copy of the original ENGINEER'S "REPORT" (ASSESSMENT ROLL AND DIAGRAM) 1989. was filed in the Office of the County Auditor on the /~7h day of ,CJu 6Ll.t 7- I A copy of the NOTICE OF ASSESSMENT was recorded in the Office of the County Recorder on the //wh day of , 1989. POSTING A copy of the AGENDA for the meeting of August 8, 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 4th day of 4- , 1989. EXECUTED this ff4 day of x& , 1989, at Carlsbad, California. U CITY CLERK I CITY OF CARLSBAD STATE OF CALIFORNIA .- I CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMIPNTS 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 qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished the notice requirements in connection with the referenced Assessment District, as noted : POSTING A copy of the AGENDA for the meeting of July 18, 1989, setting forth description of the proposed actions of the legislative body and the time of the meeting, was posted in a location freely accessible to the general a general and place public at - least 72 hours before the time set for said meeting; said posting being accomplished on the 14th day of 7 ucr , 1989. PUBLICATION (CARLSBAD JOURNAL) f The RESOLUTION OF INTENTION was published in the designated legal newspaper, publica- tion being made one (1) time at least ten (10) days prior to the date set for the 1989. public hearing; said publication being accomplished on the day of r' LY t MAILING 6 *TIC€ Of )tEflRi~& j- was mailed to all persons owning real property proposed to be assessed according to the names and addresses of such owners as the same appear on the sessment Roll, or at his address as known to the under- signed , at least days prior to the dat5set for the public hearing; said mailing being accomplished on the ,d7"3 day of d L(L I/ , 1989. EXECUTED this )Ljth day of 0 , 1989, at Carlsbad, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA