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HomeMy WebLinkAbout1990-04-03; City Council; 10566; Proposed Street Lighting Upgradea CI'FOF CARLSBAD - AGEND-BILL CITY MGR~- PROPOSED STREET LIGHTING MTG. 4/3/90 DEPT. UPGRADE RFCOMMENDED ACTION: Approve staff's recommendation to upgrade the City street lighting system in the Chase Field-Pine School area. ITEM EXPLANATION: At the Town Hall meeting of January 31, 1990 residents of the Chase Field-Pine School area expressed concern about their . safety when attending recreational and social functions within the immediate area of Chase Field and the Pine Field School area. In a review of the existing street lighting system, which consists of SDG&E owned luminaries mounted on wooden power poles, staff has found both the distance between the lights and wattage of the existing lights to be sufficient for standard residential neighborhoods. However, due to the special circumstances created by the mixed uses in the area, staff recommends increasing the wattage of each light within the immediate area, from 100 watts to 200 watts each. The SDGtE Planning Department has confirmed that this change out can be made. If approved, when the lighting upgrade is completed, the results will be evaluated at night to determine if additional lights are necessary. Street lighting is intended to illuminate street and sidewalk areas only and not intended as a security lighting measure for other adjacent properties. Thus, staff is concurrently planning to accomplish on-site lighting upgrades for Chase Field and Pine Field. With Council's approval, staff will request SDGCE to commence arrangements for change out of the existing luminaries to increase illumination of the public street and sidewalk areas. SDG&E will complete the change out in forty-five days from Council approval. FISCAL IMPACT: There will 5e no construction costs for the upgrade of the street lights from SDG&E. Current energy and maintenance cost for the existing 16 lights proposed to be upgraded is $1,392 per year. Cost after the change out would be $1,967, a net increase of $575 anually. The additional energy costs will be borne by the City's street lighting assessment district. EXHIBITS : 1. Diagram of area 2. Town Hall Meeting Summary . . . . . . . . . . AREA OF PROPOSED STREET LIGHTING U f- GRADE 0.- + AFFECTED STREET LIGHTS i s i i February 28, 1990 To: CITY MANAGER FROM: Assistant City Manager FOLLOW-UP TO HAYOR'S TOWN HALL MEETING As a result of the Mayor's Town Hall Meeting held January 31, 1990 to discuss safety concerns in the vicinity of Chase and Pine fields, various City departments were requested to respond to certain issues. The following is a summary of the activities or actions that departments anticipate taking: Police DeDartment The Police Department anticipates holding a neighborhood workshop in early April to discuss safety and crime. concerns in the neighborhood and to attempt to establish a neighborhood watch program. The Department will be working through the Pine and Jefferson schools to distribute notices of the meeting to all parents. They will also attempt to notify parents of youth league participants who use Chase and Pine fields. With the start of Little League practice the Department will be scheduling more overtime patrols and will make an attempt to contact parents and coaches at various times in order to encourage communications and hear any concerns that they may have. The Police Chief does not recommend the establishment of a walking beat or a sub-station in the area at this time. The Chief feels that the problems in the area are not the kind which are amenable to suppression by a footbeat. The Chief emphasizes however, that patrol officers will be getting out of their patrol cars and be talking to parents and participants of sports activities in the area in order to maintain a close liaison with them. The Chief further indicates that a sub-station while psychologically comforting has little real deterrent on crime after it's initial opening. City Manager 2 (Follow-up to Mayor's Town Hall Meeting) Utilities & Maintenance Department The Utilities & Maintenance Department has prepared an Agenda Bill that will call for increasing street lighting levels in the Chase and Pine field areas, It is proposed that street lights in this neighborhood be increased from 100 watts to 200 watts which would significantly increase the lighting level. The Department will also be looking at a possibility of providing night lights on the Chase field area and lights in the parking area next to Pine field at the Pine Street school. Park s & Recrea tion D eDartment The Parks & Recreation Commission will consider an item at it's February 26, 1990 meeting regarding the assignment and scheduling of youth sports activities and also the need for specialized fields. Recreation Staff will provide further information in order for the Commission to consider these issues more fully at it's March meeting. 2 Enaineer ina DeDartment i The Traffic Engineer will be referring the question of providing diagonal parking on Chestnut Street to the Traffic Safety Commission for consideration at it's March meeting. t Communitv DeveloDment The City's Code Enforcement Officer has conducted surveys in this area to determine the nature and extent of Code Enforcement problems, The Coc?e Enforcement Office has had en operating policy of only responding to complaints in residential areas - unless definite health L safety violations are noticed then proactive enforcement activities take place. .. City Manager 3 (Follow-up to Mayor's Town Hall Meeting) During the last year, a number of enforcement actions have baen taken in the Tine and Chase field area and some of those Code Enforcement activities continue. The Code Enforcement Officer will continue to monitor the area and more intensive Code Enforcement activities will be considered if appropriate. i R4/ma F i City Council c: c: Mayor Community Development Director Folice Chief UCM Director * City Engineer E .Parks'& Recreations Director a *. I 1 ! 1( 1: 1: 1: 14 If 1E 17 1E 19 20 21 22 23 24 25 26 27 28 RESOLUTIOll NO. 90-252 RESOLUTIOtJ OF THE CITY COUtlCIL OF THE CITY 3F CARLSBAD, CALIFORNIA, CGNFIRHING THE DIAGRAM AND ASSESSHENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSHENT IN A SPECIAL UAIHTZNANCE DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initiated proceedings for the levy of the annual assessment for a landscaping and lighting district created pursu- ant to the teras of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"), in a epecial maintenance district known and designatsd a6 STREET LIGHTING AND LANDSCAPING DISTRICT NC. 1 (hereinafter referred to as the "District"); and. WHEREAS. at this time a public hearing has been held in the manner and form as required by the Act, and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Engineer's "Report" as now submitted for final consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. Thtt the above recitals are all true and correct. PROTESTS -- SECTION 2. That all protests and objections of every kind and nature be, and the same hereby are.. overruled and denied. CON FIRHAT ION * SECTION 3. That the final assessment and diagram for the >roceedings, as contained in the Engineer's "Report", is hereby ipproved arid conf lrmed. , I ! 1( 1: 1: 1; 11 1: 1g li 1E 1s 2c 21 22 23 24 25 26 27 28 SECTION 4. That the public interest and csnvenience requires,. and this legislative body does hereby order the maintenance 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 ir! said final “Report”. FILING AND RECORDING SECTION 6. That the above-referenced diagram and assess- nient shall be filed in the Office of the City Clerk, with a certified copy to be ;“led 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, bereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing must bP completed no later than August 10 of this year, unless the County Auditor shall authorize a later filing, not beyond the 3rd Monday in August of this year. ENTRY UPON THE ASSESSXENT ROLL SECTION 8. That after the fJling of the diagram and assess- nent, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed :hereupon, as shown in the assessment. 1 ! f 1 f I 1( 11 1: 1: 14 1: 1E 17 1E 19 20 21 22 23 24 25 26 27 28 -- COLLECTION AND PAYMENT SECTION 9. The assessments shall be collected at the same 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 24th day of Julv , 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None 1 ATTEST: __ ALETHA L. RA~JTENKRANZ, City $erk (SEAL) July 5, 1990 Brown, Harper, Burns & Hentschke 12770 High Bluff Drive, Suite 240 San Diego, CA 92130 RE: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 Enclosed for your records is a copy of the completed Certificate of Compliance with Notice Requirements for the above-referenced District. If you have any questions regarding this matter, please let us know. Assistant City Clerk Enc . , -- 1200 Carlsbad Village Drive Carlsbad, California 92008 (619) 134-2808 ! * '4 , UWWFKEE BROWN, HARPER, BURNS & HENTSCHKE imow~hwFunM.suit: 10 SAN DIGO. CALIFORNIA 92130 (bIO)~lQ1S FAX 2m July 9, 1990 1 Virginia NcCoy Electrical Operations Supervisor Utilities/Maintenance Dept. City of Carlabad 2075 Las Palmas Carlabad, CA 92009 RE: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 Dear Virginia: Enclosed herein please find the following documents in connection with the public hearing scheduled for July 24, 1990: 1. ORDER OF PROCEDURE: This seta forth the procedure for the conduct 0: the public hearing. 2. RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND PROVIDING FOR LEVY OF ANNUAL ASSESSKENT: Formal action confirming annual levy of assessments. 3. INSTRUCTION SHEET: Sets forth general information, a6 well as notice requirements to be met. and accomplished immediately following the conclusion of the public hearing, 4. CERTIFICATE OF COUPLIANCE: To be executed upon completion of all notice requirements. A copy should be immediately returned to this office. *** The ORDER OF PROCEDURE generally sets forth the procedure for the conduct of the public hearing, and should be helpful in the preparation of the minutes of this meeting . AGENDA Please note that a copy of the AGENDA for the meeting of July 24, 1990, setting forth a general description of the project and the time and location of the meeting, must be posted in a location freely accessible to the general public at least 72 hours before the time set for said meeting, - .. WWES MOWN. HARPER. BURNS 8 HEMSCHKE I. Vrrginia MCCOY qity' of ,Carlsbad July 9, 1990 Pag-e Two .. i I i ' DOCUMENTS On file in the Office of the City Clerk should be the Engineer's "Report", consisting of the following: A. Plans of maintenance work . B. Specifications setting forth level of maintenance work , C-. Cost Estimate: annual estimate of work D. Assessmerit Roll: individual listing of parcels with individual assessment. E. Assessment Diagram: Map of Maintenance nistrict and parcels to be assessed CHANGES If any specific changes and modifications are to be ordred, a Motion ORDERING CHANGES AND MODIFICATIOI4S may be necessary and would be considered by the City Council. RESOLUTION Through the adoption of the RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND PROVTDING FOR LEVY OF ANNUAL ASSESSMENT, the Council would generally be accomplishing the following: - Denies oral and/or written protests, if any. - Formal action approving the final Engineer's "Report" , ordering the improvements to be made and confirming and levying the assessments - Order the maintenance work to be done. - Confirm and levy annual special assessments NOTICE Immediately upon the conclusion of said public hearing, certain notice requirements must be accomplished in order to ensure and guarantee the validity of the lien. Upon completion of all notice requirements as set forth in the INSTRUCTION SHEET, a copy of said INSTRUCTION SHEET should be returned to this office with initials and dates indicating compliance with the requirements, as well as a return of the executed CERTIFICATE OF COMPLIANCE as soon as it is available. If you have any questions upon your review, please call. Very truly yours, F. MACKENZIE BROVN PUB : bd encl. cc: Aletha Rautenkranz, City Clerk i ORDER OF PROCEDURE CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 DATE OF PUBLIC HEARING: JULY 24, 1990 UAYOR: CITY CLERK: STAFF: .%- .. .. . MAY OR : I., STAFF : CITY COUNCIL: MAYOR: Announce that thio 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. - Provide description of boundaries of District - - Explain method and formula of assessment spread - Make recommendation as to modifications necessary in the assessments or proceedings, if any - Report on protests received and announce that copies have been delivered to each member of the legislative body Explain extent of maintenance work END OF STAFF ReF'ORT - OPEN FOR PUBLIC DISCUSSION ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY. First, ask to hear from those persons who wish to speak in opposition to the following: A. Boundariee of the District 0. Extent of works of maintenance C. Method of assessment spread Next, ask to hear from anyone who wiehefl to speak in favor of the proceedings. - Give final report on protests received ($ of area). Presentation of proposed changes or modifications to the Engineer's "Report" and the District, if any. Discussion. Declare Public Hearing CLOSED. ORDER OF PRCCEDURE CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. PAGE TWO DATE OF PUBLIC HEARING: JULY 24, 1990 r . +.. 1 CITY COUNCIL: c IF THE LEGISLATIVE BODY 1 WISHES TO PRocgEO: .> Adopt RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT: This is the foxmal action to confirm the diagram and assessments. *** , I ! 1 ! 1( 1: 1: 11 14 If 1E 17 1E 1s 2c 21 22 23 24 25 26 27 28 RESOLU RESOLUTION NO. ION OF THE CITY COUNCIL OF TH CITY OF CARLSBAD , CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initiated proceedings for the levy ef the annual assessment'for a landscaping and lighting district created pursu- ant to the terms of the "Landscaping and Lighting Act of 19?2", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"), in a special maintenance district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the "District"); and, WHEREAS, at this time a public hearing has been held in the manner and form as required by the Act, and this City Council is now eatisfied with the assessment and diagram and all other matters as contained Ln the Engineer's "Report" as now submitted for final consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals. are all true and correct. PROTESTS SECTION 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied. CONFIRMATION SECTION 3. That the final assessment and diagram for the proceedings, as contained in the Engineer' s "Report" , is hereby approved and confirmed. # 1 1 ! 1 l f 1( 11 1: 1: 14 le 1E 17 1E 19 20 21 22 23 24 25 26 27 28 SECTION 4. That the public interest and convenience requires, and this legislative body does hereby order the maintenance 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 Dintrict 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 Lngineer. 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, not beyond the 3rd Monday in August of this year. ENTRY UPON THE ASSESSMENT ROLL SECTION 8. That after the filing of the diagram and assess- ment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. I , < ! i ? f < 1( 11 1: 1: 14 It 1E 17 1E 19 20 21 22 23 24 25 26 27 28 -. COLLECTION AND PAYMENT SECTION 9. The assessments shall be collected ct the Bame 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 sssessments. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the day of , 1990, by the following vote, to wit: AYES: NOES : ABSENT: CLAUDE A. LEWIS, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL) i t INSTRUCTION SHEET - PUBLIC HEARING CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 GENERAL INFORMATION A. RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT Upon the conclusion of the public hearing, the City Council shall 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. B. FISCAL YEAR The assessment, as levied for these proceedings, will relate to the fiscal year commencing July 1, 1990 and ending July 30, 1991. Note that new proceedings must be undsrtaken 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 muut be given prior to the time of the public hearing. 11. NOTICE REQUIREMENTS IMMEDIATELY FOLLOWING THE CONCLUSION OF THE PUDLIC HEARING, THE FOLLOWING NOTICE REQUIREMENTS SHALL BE MET: A. ASSESSMENT ROLL AND DIAGRAM (RECORCATIONL 1. The original assessment roll and diagram (Engineer's "Report") and ab1 suppl.ementa1 Exhibits shall be placed of record in the Office of the City Engineer. 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. *** CERTIFICATE OF COMPLIANCE WITH NOTICE REQVIREWNTS STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD AiETHA RAVTEKKRANZ, 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, a33nnplished the notice requirements in connection with the referenced Assessment DiRtrict, as noted: RECORDATION The original of the ASSESSMENT ROLL AND DIAGRAM was filed in the Office of the City Engineer on the day of 1 1990. A certified copy of the ASSESSHENT ROLL AND DIAGRAM was forwarded to the Office of the County Auditor on tho day of , 1990. POSTING A copy of the AGENDA for the meeting of July 24, 1990, setting forth a general description of the project and the time and location of the meeting, wae 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 day of , 1990. Executed this day of , 1990, at Carlsbad, California. CITY .CLERK CITY OF CARLSBAD STATE OF CALIFORNIA _. .-. Carlsbad Journal Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I om o citizen of the United Stoles ond o resident of the county dforesoid. I omover theogeof eighteen yeors.ond not o pcrtytoor interested in theoboveentilied matter. I om principol clerk of the printer of the Carlsbad Journal a newspoper of generol circulotion. published twice weekly In the City of Carlsbod. County of Son Doego. Stole of Colifornio. ond which newspaper is published for the dissemination of local newsond intelligenceof o general chorocter, ond which newsppernt 011 times herein mentioned had ond still haso bono fidesubscriptoon list of paying subscribers. ond which newspoper hos been estoblished, printed and published 01 regulor mtervols in the soid City of Corlsbod, County of Son Diego, Stole of Colifornio, fora period exceedinq&e ywr next I rtl' Am Unru YIl- -4 ....................... NOW. THCRLIORC. IT IS HCREB7 RUOLVED AS PVL RCUTAU LOWS smoN I n*U. .b. rml mh-.uvrud- . preceding the dole of publlcotion of the notice hereinofter referred IO. ond ttiot the nottce of which the annexed is o printed copy, has been published ineoch regu1o:ondentlre isweof sold newspoper ond not In ony supplemmt thereo'0.1 the followtng dotes. to-w~t JULY 5 ........... 19 ............................... 19 .... 19 I cectify under penalt) of perjury mal Ihe foregoinp is true and correcl. Liecufed a1 Carlrbad. CounIy 01 Sin Diego. Sble 01 California on -_-IH_E_5Tt(- day of .-JULAVO--- -_ ',. ' . ; I' ' __ -Ad.--. - _..- - __ - . . - Clerk of the Printer .' . CBRTIFICATE OF COHPLIANCE WITH NOTICE REQUIREMENTS STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 - STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITii OF CARLSBAD ALETHA RAUTENKRANZ, under penalty cf perjury, CERTIFIES afr follows: The c&ersignrd is now, and at all times mentioned herein was, the duly appointed, qualified and acting CITY CLERK of the CITY OF CAIUSBAD, CALIFORIIA, and as mch, accompl-ished or caused to be accomplished the notice requirements in connection with the referenced District, aa noted: PUBLICATION (CARLSBAD JOURNAL) The RBSOLUTIOIQ OF IllTtNTION was published in the eaid publication being accomplished on the s4 day of f 1990. POSTING A copy of the AGENDA €or the moeting of June 26, 1990 setting forth a general description of the project and the time and place cf the meeting, was poeted in a location freely accessible to the general public at least 72 hours befcre the time se: for said meeting; said posting being accomplished on the 3- day of +/ f 1990. v EXECUTED this Ji4 day of TU L y 1990, at Carlsbad, California. CITY CLERK CITY OF CARLSBAD STATE ,OF CALIFORNIA . , City of Carlsbad July 2, 1990 Brown, Harper, Burns & Hentschke 12770 High Bluff Drive, Suite 240 San Diego, CA 92130 RE: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 The Carlsbad City Council, at its meeting of June 26, 1990 adopted Resolution Nos. 90-204, 90-205, and 90-206, Initiating i’roceedings for the Annual Assessments and ordering preparation of the Engineer’s Report, approving the Engineer’s Report, and Declaring Intention and setting the time and place for Public Hearing regarding the levy of Annual Assessments. Enclosed for your records are copies of the above-referenced resoluticns. *iil& Assistant City Clerk Encs . 1200 Carlsbad Village Drive I. Carlsbad, California 92008 (619) 434-2808 . A ! t c 1 E c 1c 11 1: 12 14 15 16 17 ia 13 20 21 22 23 24 25 26 27 28 A RESOLUTION NO. 90-206 - RESOLUTION OF THE CITY COUNCIL OF THE CITY UF CARLSEAD, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part- 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the "Maintenance District"); and, WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of asseosments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said Maintenance District; and, WHEREAS, there has been presented and approved by thin City Council the Engineer's "Report", as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy; and, WHEREAS, the improvements to be maintained shal 1 conaist of all originally designated and authorized improvements, as we11 as certain new and additional improvements. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1 1 1 1 1, l! 11 1' 11 l! 2c 21 22 23 24 25 26 27 28 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 it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improve- ments for the above-referenced Maintenance District, said improvements gecerally described as follows: The maintenance of certain street lighting improvements, street trees and median landocaping improvements, as set forth the described in the Engineer's "Report". The proposed new improvements to be maintained and serviced are generally described as follows: The maintenance of certain additional street lighting improvements and additional landscaping improvements, including street trees and median landscaping improvements , all IS set forth and described in the Engineer 6 "Report", which is iereby ordered to be kept on file and open for public inspection .n the Office of the City Clerk. BOUND AR I E s u F MA I N T E NAN c E D I s TR I CT SECTION 3. That said works of improvement are of direct ~enefit to the properties within tho boundaries of said Mainte- lance District, which Maintenance District the legislative body reviously declared to be the area benefited by said works of mprovement, and for particulars, reference is made to the ! f 1 t : 1[ 11 1; 1: 14 15 1E 17 18 19 20 21 22 23 24 25 26 27 28 boundai-y map as previously approved by this le3islative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINFKI SECTION 4. That the "Report" of the Engineer, as prelimi- narily approved by thio legislative body, is on file with the City Clerk and open for public inspection. Reference is made tQ said "Report" for a full and detailed description of the improve- ments to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC HEARING SECTION 5. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 24TH DAY OF JULY, 1990, AT THE HOUR OF 6:OO P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME P,ND PLACE FIXED BY THIS LEGISLATIVE BODY FOR HEARING FROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMEYTS AND TO ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY ZLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING. NOT I CE SECTION 6. That the City Clerk is hereby authorized and iirectec? to give notice as required by law by causing a copy of :his Resolution to be published in the CARLSBAD JOURNAL, a . 1 1 1 1 1, I! 11 1' 11 I! 2( 21 z 22 24 25 26 27 28 newspaper of general circulation within said City; said publica- tion to be completed not less than ten (10) days prior to the date set for the public hearing. PROCEEDINGS INQUIRIES SECTION 7. For any and all information relating to these proceedings, including informaticn relating to protest proce- dure, your attention is directed to the person designated below: VIRGINIA McCOY ELECTRICAL OPERATIONS SUPERVISOR UTILITIES/MAINTEKANCE DEPARTMENT CITY OF CARLSBAD 2075 LAS PALHAS DRIVE CARLSEAD, CA (20F9 TELEPHONE: (619) 438-7753 PASSED, APPROVED AND ADOPTEE by the City Council of the City of Carlsbad at its regular meeting held on the 26th day of June , 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin,Pettine, Hamaux and Larson NOES: None ABSENT: . None 9TTEST: I 4LETHA L. RAUTENKRANZ, City Clekk [SEAL)