HomeMy WebLinkAbout1993-05-18; City Council; 12226; STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 REQUEST FOR PUBLIC HEARING DATESr
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DEPT. U&M
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DISTRICT NO. I CIT’r
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STREET LIGHTING AND LANDSCAPING
REQUEST FOR PUBLIC HEARING DATES
TITLE:
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WY VF CARLSBAD - AGWA BILL </‘ -g
RECOMMENDED ACTION:
1. Adopt Resolution No. 93-1YL initiating proceedings and ordering the
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Maintenance Director to submit the Engineer’s Report.
Adopt Resolution No. 9 3 - j 4 3
Adopt Resolution No. 9 3 - i Y Y
1993.
approving the Engineer’s Report.
setting two public hearings for June 22,l 98
ITEM EXPLANATION:
The purpose of this agenda bill is to request Council’s approval of three resolutions nece:
processing the City’s Street Lighting and Landscaping District No. 1 for Fiscal Year
the Brown Act.
Processing of the Assessment District for Fiscal Year 1993-94 requires two changes in
comply with the changes in State Law effective January 1, 1993. First, two public
mandated rather than a single public hearing; and, second, the City must now mail a wri
days prior to the second (final) public hearing to all property owners whose property i
to the levy of any new or increased assessments. This notice will contain both gent
information on the 1972 Assessment Act and proposed assessment rates for each affect
assist staff in establishing a procedure to comply with changes in law, staff retained the s
legal firm of Brown, Diven and Hentschke, using assessment district funds, as permitted I
At the first public hearing (June 22, 1993) Utilities and Maintenance staff will present a cc
report describing the maintenance and operation procedures of the District. At this t
confirm that the parcel assessment schedule rates issued in Fiscal Year 1992-93 will nc
Fiscal Year 1993-94. The complete final assessment list will be available for rl
Utilities/Maintenance Department administrative office after July 1, 1993, and at the s
hearing (July 20, 1993).
BACKGROUND:
In 1983, the City of Carlsbad Street Lighting and Landscaping District was formed acc
provisions of the California Streets and Highways Code known as the Landscaping an(
of 1972. Since the District’s formation, the cost of operating and maintaining the City’s
system has been funded through assessments on each parcel in the City based on ben.
6, 1989, Council approved the addition of two landscaping zones to the original Distr
zones formed were a Street Tree Maintenance Benefit Zone and Median Maintenance I
The Street Tree Maintenance benefit zone funds City crews to respond to citizen request:
ongoing preventive tree maintenance. Responsiveness and safety have been significan
since full funding allows for one tree crew for scheduled maintenance and one cre
complaints.
compliance with the procedures of the California Streets and Highways Code and recei
* AVERAGE ASSESSMENT * AVERAGE ASS
BENEFIT ZONE FY 92-93 FY 93-91
Street Light Maintenance $36.1 8 $36.1 6
Street Tree Maintenance 39.00 39.00
Median Maintenance 5.86 5.86
$81.04 $81.02 TOTAL
m a
ORDER OF PROCEDURE
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
DATE OF MEETING: MAY 18, 1993
STAFF : General presentation of boundaries of Maintenance Distiric
extent of improvements to be maintained.
CITY COUNCIL: Adopt RESOLUTION INITIATING PROCEEDINGS AND ORDER ENGIl
"REPORT": Formal action of the City Council ordering the ]
rat ion of the required Engineer ' s "Report".
STAFF : Presentation of Engineer's "Report" consisting of the follo
A. Plans and specifications describing the general nature
B. Cost estimate
C. Assessment diagram
D. Assessment roll
tion and extent of the improvements to be maintained
CITY COUNCIL: Adopt RESOLUTION PASSING ON "REPORT" AND SETTING PUBLIC HE
Formal act ion approving "Report" of Engineer.
CITY COUNCIL: Adopt RESOLUTION OF INTENTION: Jurisdictional Resolutio
"1972 Act" proceedings, declaring intent to order annual
assessments and setting public hearing,
*X*
DATE OF PUBLIC HEARINGS: A. FIRST PUBLIC HEARING: JUNE 22, 1993
B. SECOND PUBLIC HEARING: JULY 20, 1993
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RESOLUTION NO. -93-142
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE ANNUAL LEVY OF ASSESSMENTS AND
ORDERING THE PREPARATION OF AN ENGINEER'S
"REPORT" FOR A SPECIAL MAINTENANCE DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CAR1
CALIFORNIA, has previously formed a special maintenance di
pursuant to the terms of the "Landscaping and Lighting i
1972", being Division 15, Part 2 of the Streets and Hi
Code of the State of California, said special maint
district known and designated as STREET LIGHTING AND LAND:
DISTRICT NO. 1 (hereinafter referred to as the "Maint
District"); and,
WHEREAS, at this time the City Council is desirous t
proceedings to provide for the annual levy of assesgmen
the next ensuing fiscal year to provide for the annual co
maintenance of improvements within the Maintenance Distric
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all tr
correct.
DECLARATION OF INTENTION
SECTION 2. That the public interest and conv
requires, and it is the intention of this legislative
initiate proceedings for the annual levy and collec
special assessments €or the payment of annual maintenance
servicing costs within the Maintenance District.
The proposed new improvements to be ma
and serviced caused generally by new development are dl
as follows:
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The maintenance of certain additional
lighting improvements and additional landscaping improvi
including street trees and median landscaping improvement
as set forth and described in the Engineer's "Report", wl
hereby ordered to be kept on file and open for public ins
in the Office of the City Clerk.
REPORT OF ENGINEER
SECTION 3. That this improvement is hereby referred
ELECTRICAL OPERATION SUPERVISOR, UTILITIES/MAINT
DEPARTMENT, who is hereby directed to make and file the ''
generally containing the following:
A. Plans and specifications describj
general nature, location and extent of the improvements;
B. An estimate of the cost of the main
and/or servicing of the improvements for the Maint
District for the referenced fiscal year;
C. A diagram for the Maintenance Di
showing the area and properties proposed to be assessed;
D. An assessment of the estimated costs
maintenance and/or servicing, assessing the net amount u
assessable lots and/or parcels within the Maintenance D
in proportion to the benefits received.
That upon completion of the preparation
"Report", the original shall be filed with the City Cle
shall then submit the same to this legislative body
immediate review and consideration.
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FISCAL YEAR
SECTION 4. That the above “Report” shall include all
and expenses of said maintenance and/or servicing relatj
the fiscal year commencing July 1, 1993 and ending JUI
1994.
SPECIAL COUNSEL SERVICES
SECTION 5. That BROWN, DIVEN & HENTSCHKE, Attorn6
Law, is hereby appointed Special Counsel €or the purpc
preparing all documents for these proceedings, pursuant
terms and conditions of a Special Counsel Agreement suk
herewith, which Agreement is hereby accepted and authoriz
execution on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 18th day of MAY
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil
NOES: None
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ABSENT: None
CLAUDE A. LEgIS, Mayor
ATTEST:
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(SEAL)
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EN G I N E E R 'S RE PORT
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AGENCY CITY OF CARLSBAD
PROJECT: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
ENGINEER'S REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT 0
1972"
WHEREAS, this City Council has previously formed STREET LIGHTING AND LANDSCAPIN
DISTRICT NO. 1 (hereinafter referred to as the "District") and has levied assessments within tt
District for prior fiscal years, all pursuant to the "Landscaping and Lighting Act of 1972, beir
Division 15, Part 2 of the Streets and Highways Code of the State of California, commencing wi
Section 22500 (hereinafter referred to as the "Act"); and
WHEREAS, this City Council has previously adopted a Resolution ordering the preparation ai
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 ai
specification for the maintenance of the improvements, an estimate of the costs of maintenanc
a diagram of the District, and an assessment roll containing a spread of the estimated costs
maintenance within the District, all as required by the Act and as previously ordered by this C
Council.
NOW THEREFORE, pursuant to the direction from this City Council, this "Report" is here
submitted to this City Council pursuant to the provisions of the Act. This "Repart" is applicat
for the fiscal veal commencing July 1 , 1993 to June 30, 1994 (hereinafter referred to as t
"Fiscal Year"). This report is prepared in 2 parts (Street Lighting and Landscaping), each of whi
consists of the following 3 sub-parts:
Part I. PLANS AND SPECIFICATIONS for the maintenance and/or servicing
the improvements during the Fiscal Year. The plans and specificatio
show and describe the general nature, location and extent of t
existing and proposed improvements to be maintained and/or servic
during the Fiscal Year. The plans and specifications also indicate t
class and type of improvements to be maintained and/or serviced 1
each zone within the District.
A DIAGRAM of the District. The Diagram shows the exterior boundari
of the District, the boundaries of any zones within the District, and t lines and dimensions of each lot or parcel within the District. Ea
parcel is identified by a distinctive number or letter. The lines a
dimensions of each lot conform to those shown on the Coui
Assessor's map for Fiscal Year.
AN ESTIMATE OF COSTS AND AN ASSESSMENT SCHEDULE showi
the net amount to be assessed upon assessable lands within '
District, describing each assessable lot or parcel within the District
reference to the Parcel numbers contained on the County Assessm
Roll, and assessing the net amount upon all assessable lots or parc
by apportioning the net amount among the several accessible lots
parcels in proportion to the benefits to be received by each lot
parcel.
Bart II.
Part 111.
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All lots and parcels of land known as public property, as defined undc
Section 22663 of the Act, have been omitted
assessment under these proc
, 1993 at Executed this M day of
RALPH W. ANDERSC
Direct
Utilities and Maintenance Departme
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STREET LIGHTING
Pursuant to direction from the City Council, submitted herewith is the "Report", consisting of tt
following documents pursuant to the provisions of Division 15, Part 2, of the Streets ar
Highways Code of the State of California, and specifically Section 22500 et.seq., the Landscapir
and Lighting Act of 1972.
PART 1. PLANS AND SPECIFICATION
The plans and specifications for the maintenance and/or servicing of the street lightii
improvements during the Fiscal Year are on file in the Office of the Utilities and Maintenant
Director, available for public inspection, and incorporated herein by this reference as though I
forth in full. Said plans and specifications show and describe the general nature, location ai
extent of the existing and proposed improvements to be maintained and/or serviced during tl Fiscal Year, The plans and specifications also indicate the class and type of improvements
be maintained and/or serviced for each zone within the District.
PART II. DIAGRAM
A diagram of the Street Lighting District. Said diagram shall show the exterior boundaries of 1
Street Lighting District, the boundaries of any zones within the Street Lighting District, the lin
and dimensions of each lot or parcel within said Street Lighting District and each parcel shall
identified by a distinctive number or letter. The lines and dimension of each lot shall be identifi
by a distinctive number or letter. The lines and dimension of each lot shall conform to thc
shown on the County Assessor's map for the fiscal year to which the "Report" applies.
simplified diagram is attached as Exhibit "A. A detailed diagram is maintained in the office of 1
Utilities and Maintenance Director and is available for public inspection.
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METHOD AND FORMULA OF ASSESSMENT SPREAD
FOR STREET LIGHTING
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 an
maintained)
Zone B - street lights at mid-block (SDG&E owned and maintained)
Zone C - City owned and maintained street lights on ornamental poles
Zone D - SDG8.E owned and maintained street lights on ornamental poles
Non-benefiting Zone - undeveloped property, not assessed
Within Zones B, C, and D are several codes. The code being the aredareas developed at tl
same time and containing the same City standard of street light spacing.
The assessment to parcels within any one code will be based on one of the following methoc
Residential parcels - pay equal shares of the energy and maintenance costs of tl
street lights within their code
Commercial and industrial parcels - share the cost of the energy and maintenan!
of the street lights within their code based on the front footage percent of the ar
of the code
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PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE
July 1,1993 through June 30, 1994
STREET LIGHTING
COST OF MAINTENANCE SERVICE
A. Energy $300,000
B. Personnel 229,426
C. Operations 158.665
Subtotal $688,091
For services to Other Departments $46,300
City Contributions 28,000
From Fund Balance 13,791
$88,091
BALANCE TO ASSESSMENT $600,000
Detail contained by FY 93-94 approved budget -- Fund I61 -621 0
A complete assessment roll detailing the street lighting benefit assessment for each City par
is on file at the Utilities and Maintenance Department Office, 2075 Las Palmas Drive, Carlsb:
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POIN~ETTIA LN
STREET LIGHTING
NON-BENEFITING PARCELS
LIGHTING AND LANDSCAPING DISTRICT NO. 1
FY93-94
e - LANDSCAPING
PART 1. PLANS AND SPECIFICATIONS
The plans and specifications for the maintenance and/or servicing of the Street Tree and Str4
Median Improvements during the Fiscal Year are on file in the Office of the Utilities a
Maintenance Director, available for public inspection, and incorporated herein by this referen
as though set forth in full. Said plans and specifications show and describe the general natu
location and extent of the existing and proposed improvements to be maintained and/or servic
during the Fiscal Year. The plans and specifications also indicate the class and type
improvements to be maintained and/or serviced for each zone within the District.
PART 11. DIAGRAM
A diagram of the Landscaping District, Said diagram shall show the exterior boundaries oft
District, the boundaries of the Tree and Landscaping zones within the District, the lines a
dimensions of each lot or parcel within said Landscaping District and each parcel shall
identified by a distinctive number or letter. The lines and dimensions of each lot shall confo
to those shown on the County Assessor's map for the fiscal year to which the "Report" applic
Simplified diagrams are attached as Exhibits"BI and "C". A detailed diagram is maintained in t
office of the Utilities and Maintenance Director and is available for public inspection.
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METHOD AND FORMULA OF ASSESSMENT SPREAD
FOR LANDSCAPING
STREET TREE MAINTENANCE
Street Trees are in the street right-of-way, generally between the curb and sidewalk and
property line in the areas indicated in Exhibit "B. Each property receives approximately the sar
benefit. Therefore, staff established a benefit formula in which each parcel is given an equivak
dwelling unit (EDU) based on the average size of a single family residential lot in the City
Carlsbad (7,500 square feet or .17 acres). Thus, each single family parcel is given and EDU
1 .O, while most other parcel are given an EDU based on the following formula:
Acreaae = EDU
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MEDIAN LANDSCAPE MAINTENANCE
This service generally benefits all parcels and residents in the City. Accordingly, all parcels sha
in the cost. However, parcels which front upon streets which receive median landscay:
maintenance services generally receive more benefit from landscape median improvements th:
other parcels. Thus, all parcels in the City share in the cost of median landscape maintenanc
using the same EDU formula for Street Tree Maintenance and those parcels which front t
streets with landscaped medians are assessed twice the amount of other parcels not fronting (
the median streets.
These formulas were approved by City Council at the June 6, 1989, regular meeting.
w - PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE
July 1, 1993 through June 30, 1994
TREES
COST OF MAINTENANCE SERVICE
A. Personnel $347,026
B. Maintenance & Operation 227,720
C. Capital Outlay 0
Subtotal $574,746
City Contributions $66,140
8,606 From Fund Balance
Subtotal ($74,746)
BALANCE TO ASSESSMENT $500,000
Detail contained by FY 93-94 approved budget -- Fund 161 -41 22
A complete assessment roll detailing the tree maintenance benefit assessment for each C
parcel is on file at the Utilities and Maintenance Department Office, 2075 Las Palmas Dric
Carlsbad
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MI SCALE
TREE TRIMMING BENEFITING PARCELS
TREE TRIMMING
NON-BENEFITING PARCELS
LIGHTING AND LANDSCAPING DISTRICT NC
FI’ 93-94
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PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE
July 1, 1993 through June 30, 1994
MEDIANS
COST OF IMAINTENANCE SERVICE
A. Personnel $91,432 B. Maintenance & Operation 201,466 C. Capital Outlay 0
Subtotal $292,898
From Fund Balance $37,898
City Contributions 0
Subtotal ($37,898)
BALANCE TO ASSESSMENT $255,000
Detail contained by FY 93-94 approved budget - Fund 161 -41 23
A complete assessment roll detailing the median maintenance benefit assessment for each C
parcel is on file at the Utilities and Maintenance Department Office, 2075 Las Palmas Dri
Carlsbad
MI SCALE
LANDSCAPE MEDIAN BENEFITING PARCELS
LANDSCAPE MEDIAN
LIGHTING AND LANDSCAPING DISTRICT r
FY 93-94
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RESOLUTION NO. 93-143
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER'S
"REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY
OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE
DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CAR1
CALIFORNIA, pursuant to the terms of the "Landscapir
Lighting Act of 1972", being Division 15, Part 2 of the s
and Highways Code of the State of California, did, by pr
Resolution, initiate proceedings and ordered the preparat
an Engineer's "Report" €or the annual levy of assessments
a special maintenance district, said special maint
district known and designated as STREET LIGHTING AND LANDS
DISTRICT NO. 1 (hereinafter referred to as the "Maint
District"); and,
WHEREAS, there has now been presented to this City (
the "Report" as required by said Division 15 of the Strec
Highways Code and as previously directed by Resolution; an1
WHEREAS, this City Council has now carefully examir
reviewed the "Report" as presented, and is satisfied wit
and all of the items and documents as set forth therein,
satisfied that the assessments, on a preliminary basi:
been spread in accordance with the benefits received f.
improvements to be maintained, as set forth in said "Repor
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all t
correct.
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SECTION 2. That the "Report" as presented consi~
the following:
A. Plans and specifications describi~
general nature, location and extent of the improvements
maintained
B. Estimate of cost, including the amo
the annual installment for the forthcoming fiscal year
C. Diagram of the Maintenance District
D. Assessment of the estimated cost
Said "Report", as presented, is hereby ai
on a preliminary basis, and is ordered to be filed in the
of the City Clerk as a permanent record and to remain a
public inspection.
SECTION 3. That the City Clerk shall certify
passage and adoption of this Resolution, and the minutes (
meeting shall so reflect the presentation of the Eng
"Report".
PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 18th day of my
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil
NOES: None &lL#4L ABSENT: None
CLAUDE A. LEWIS, Mayor
ATTEST:
/ AL . ALETHA L. RAUTENKRANZ, City Clerk
( SEAL )
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RESOLUTION NO. 93-144
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, 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 CAR
CALIFORNIA, has previously formed a special maintenance di
pursuant to the terms of the "Landscaping and Lighting
1972", being Division 15, Part 2 of the Streets and Hi
Code of the State of California, said special maint
district known and designated as STREET LIGHTING AND LAND!
DISTRICT NO. 1 (hereinafter referred to as the "Main1
District"); and,
WHEREAS, at this time the City Council is desirous t
proceedings to provide €or the annual levy of assessmer
the next ensuing fiscal year to provide for the cos
expenses necessary to pay for the maintenance of the i
ments in said Maintenance District; and,
WHEREAS, there has been presented and approved by th
Council the Engineer's "Report" , as required by law, ax
City Council is desirous of continuing with the proceedi
said annual levy; and,
WHEREAS, the improvements to be maintained shall con
all originally designated and authorized improvements,
as certain new and additional improvements.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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RECITALS
SECTION 1. That the above recitals are all tru
correct.
DECLARATION OF INTENTION
SECTION 2. That the public interest and conver
requires, and it is the intention of this legislative boc
levy and collect assessments to pay the annual cost
expenses for the maintenance and/or servicing of the irn
ments for the above-referenced Maintenance District,
improvements generally described as follows:
The maintenance of certain street lil
improvements, street trees and median landscaping improve
as set forth and described in the Engineer's "Report".
The proposed new improvements to be mair
and serviced caused generally by new development are der
as follows:
The maintenance of certain additional
lighting improvements and additional landscaping irnprovc
including street trees and median landscaping improvement
as set forth and described in the Engineer's "Report", wl
hereby ordered to be kept on file and open for public ins
in the Office of the City Clerk.
BOUNDARIES OF MAINTENANCE DISTRICT
SECTION 3. That said works of improvement are of
benefit to the properties within the boundaries of said
nance District, which Maintenance District the legislati
previously declared to be the area benefited by said w
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improvement, and for particulars, reference is made t
boundary map as previously approved by this legislative bc
copy of which is on file in the Office of the City Cler
open €or public inspection, and is designated by the na
this Maintenance District.
REPORT OF ENGINEER
SECTION 4. A. That the "Report" of the Engineer, as
minarily approved by this legislative body, is on file wi
City Clerk and open for public inspection. Reference is m
said "Report" for a full and detailed description of the in
ments to be maintained, the boundaries of the Maint
District and any zones therein, and the proposed asses
upon assessable lots and parcels of land within the Maint
District.
B. There shall be no increases in any (
ments from those as previously levied and authorized; hc
new assessments will be levied where new parcels hav
created caused by land development.
PUBLIC HEARINGS
SECTION 5. NOTICE IS HEREBY GIVEN THAT TWO PUBLIC H:
ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF TI
COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, ON THE FO
DATES AND TIMES:
A. FIRST PUBLIC HEARING: JUNE 22, 1993 at 6:OO P.
B. SECOND PUBLIC HEARING: JULY 20, 1993 AT 6:OO P.
AT THAT TIME THIS LEGISLATIVE BODY WI
PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF
MENTS AND TO ANY OTHER MATTERS CONTAINED IN THIS RESC
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ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS (
ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY
PRIOR TO THE TIME SET FOR THE SECOND PUBLIC HEARING.
NOTICE
SECTION 6. That the City Clerk is hereby authoriz
directed to give notice as required by law by causing a c
this Resolution to be published in the CARLSBAD SUN, a nek
of general circulation within said City; said publication
completed not less than ten (10) days prior to the date I
the public hearing.
SECTION 7. That the City Clerk is hereby directed
notice of said Public Hearings and the adoption of the
tion of Intention and of the filing of the "Report"
persons owning real property where there is a new
increased assessment from that as previously authori:
levied.
PROCEEDINGS INQUIRIES/PROTESTS
SECTION 9. For any and all information relating ti
proceedings, including information relating to protest
dure, your attention is directed to the person designated
VIRGINIA McCOY
ELECTRICAL OPERATIONS SUPERVISOR
UTILITIES/MAINTENANCE DEPARTMENT
CITY OF CARLSBAD
CARLSBAD, CA 92009
2075 LAS PALMAS DRIVE
TELEPHONE: (619) 438-7753, EXT. 4111
Written protests by owners of property
the Maintenance District may mail said protest to the f
address:
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CITY CLERK
CITY OF CARLSBAD
CARLSBAD, CA 92008
1200 CARLSBAD VILLAGE DR.
PASSED, APPROVED AND ADOPTED at a regular meeting (
Carlsbad City Council held on the 18th day of MAY
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnll<
NOES: None
ABSENT: None
A'PTEST:
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ALE~HA L. RAUT
(SEAL)
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SPECIAL COUNSEL AGREEKENT
THIS AGREEMENT entered into this 19th day of MAY , 1993
between the CITY QF CARLSBAD, CALIFORNIA (hereinafter referred to as "C
municipal corporation, and BROWN, DIVEN & HENTSCHKE (hereinafter referr
"Counsel").
WHEREAS, City is considering further proceedings, including the levy c
assessments in a previously formed maintenance district under the t
provisions of the tfLandecaping and Lighting Act of 1972", being Division l!
district designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 (he
referred to as the "Maintenance District"); and,
of the Streete and Highways Code of the State of California, said ma
WHEREAS, at this City is desirous of employing special counsel to further i
the preparation of legal documents and to offer advice as it relates
proceedings for said Maintenance District.
NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
SECTION 1. That City does hereby employ Counsel, and Counsel shall per
following services:
A. Preparation of all resolutions, notices, affidavits and doct
necessary for the proceedings;
B. Make recommendation8 to City and other member8 of the
consultants as it relates to the proceedings or any document
be prepared;
C. Attendance at certain meetings, as required by staff and/or
allow implementation of proceedings;
D. Any other matters expreesly requested as it relates to thl
levy of the proceedings for the referenced Maintenance Distri
SECTION 2. City agrees that upon completion of the services and the levi
annual assessment, Counsel shall be paid a flat fee €or
rendered in the amount of $3,000.00. Said fee is all due and
upon the final proceedings for the final levy.
SECTION 3. This Agreement contemplates that Counsel shall pay ail ordinary
pocket expenses incurred, including travel, telephone and copy,
only expenses to be billed to City would be extraordinary IT
and/or overnight mail delivery services.
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SECTION 4. This Agreement may be terminated at any time by 30 days writte
from either party.
IN WITNESS WHEREOF, the partiee hereto have executed thFa Agreement on the
year first above written.
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTE.ST :
- CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA