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HomeMy WebLinkAbout1994-07-19; City Council; 12789; STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 - FINAL PUBLIC HEARINGt - . * "3 b? cz-3 6 d e- gg L.4 4 z 0 F 0 a : 2 3 0 0 14 3 G@ OF CARLSBAD - AGEMA BILL AB ' - TITLE: STREET LIGHTING & LANDSCAPING DISTRICT DEPl MTG, 7/19/94 NO. 1 - FINAL PUBLIC HEARING CITY DEPT. CSD CITY RECOMMENDED ACTION: Hold second and final public hearing, receive public comment and approve Resolutio adopting annual assessments for Street Lighting & Landscap 9y'-9.ots No. i benefii areas. ITEM EXPLANATION: At the Council meeting of May 17, 1994, Council adopted three resolutions which dir Community Services Department's Administrative Services/Projects Manager to submit an E Report, approved the Engineer's Report and set two public hearings relating to the levy oft assessments for costs of maintenance and operation of improvements for Street L Landscaping District No. 1. At the Council meeting of June 21, 1994, the first public hearing was held, at which C Services Department staff presented a narrative of the Engineer's Report and the Mayor 01 public hearing for public discussion. No public comment was received and, after closing hearing, the Mayor reconfirmed the final public hearing for July 19, 1994. Tonight staff will present a report summarizing the approved Engineer's Report, ai conclusion of the staff report the meeting will be opened for public comment, Upon clos public hearing by the Mayor, Council will be requested to approve Resolution No.2 confirming the diagram and assessment, and providing for the levy of the annual asses: Fiscal Year 1994-95. FISCAL IMPACT The Fiscal Year 1994-95 Street Lighting & Landscaping Budget is projected to be $1,57 $14,901 less than the current fiscal year. Therefore, land parcels registered on the S County Assessment Rolls in 1993-94 will not have their rates increased this next fiscal yea City parcels being assessed for the first time will be assessed at the same formula as i existing city parcels in Fiscal Year 1993-1 994. The City's General Fund will contribute $94,140 to the Assessment District programs: $28,1 Street Lighting Zone for street light benefits for City owned parcels which are exe assessment collection per the State Code and $66,140 to the Tree Trimming Maintenancc staff time and equipment on maintaining City parks and Hosp Grove. City parks and Ho: by policy, are not considered part of the zone program, A typical single family residential parcel which benefits from street lighting, street tree mai and median maintenance would have an anticipated assessment of $81.02 for Fiscal Year (see below) BENEFIT ZONE *AVERAGE ASSESSMENT N 93-94 Street Light Maintenance $36.16 Street Tree Maintenance $39.00 Median Maintenance $5.86 TOTAL $81.02 *AVERAGE ASSESSMENT FY 94-95 $36.16 $39.00 $5.86 $81.02 r EXHIB 0 0 ORDER OF PROCEDURE CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 DATE OF SECOND PUBLIC HEARING: July 19, 1994 MAYOR: Announce that this is the time and place fixed for the second and fir public hearing relating to the levy of the annual assessments for costs maintenance of improvementsfor STREET LIGHTING AND LANDSCAPIF DISTRICT NO. 1. Announce that notice has been given in the manner and form as requirl by law, and a Certificate of Compliance is on file and open for pub inspect ion. CITY CLERK: STAFF: 0 Provide description of boundaries of district e e Explain extent of maintenance work Present and summarize "Report" pursuant to the provisions of tt "Landscaping and Lighting Act of 1972 Explain method and formula of assessment spread delivered to each member of the legislative body e e Report on protests received and announce that copies have bet END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION MAYOR: ASK ALL SPEAKERS TO IDENTIFYTHEMSELVES AND THEIR PROPERT - First, ask to hear from those persons who wish to speak in opposition 1 the following: B Boundaries of the district 0 Method of assessment spread 0 Extent of works of maintenance m, ask to hear from anyone who wishes to speak in favor of th proceedings. STAFF: Give final reports on protests received Presentation of proposed changes or modifications to th Engineer's Report and the district, if any. CITY COUNCIL Discussion MAYOR: Declare Public Hearing CLOSED. V e 0 ORDER OF PROCEDURE CITY OF CARLSBAD STREET LIGHTING & LANDSCAPING DISTRICT NO. 1 PAGE DATE OF SECOND PUBLIC HEARING: July 19, 1994. IF THE LEGISLATIVE BODY WISHES TO PROCEED: CITY COUNCIL: Adopt RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSME! AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT: Tt is the formal action to confirm the diagram and assessments. v- EXHl a a ENGINEER'S REPORT AGENCY: CITY OF CARLSBAD PROJECT: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 ENGINEER'S REPORTPURSUANTTO "LANDSCAPING AND LIGHTING ACTOFI 97 WHEREAS, this City Council has previously formed STREET LIGHTING Ah LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the District) and has levir assessments within the District for prior fiscal years, all pursuant to the Landscaping ai Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code of tl State of California, commencing with Section 22500 (hereinafter referred to as the Ac and WHEREAS, this City Council has previously adopted a Resolution ordering tl preparation and filing of an Engineer's "Report", all in accordance with the provisions the Act. WHEREAS, at this time there has been filed as a par! of the "Report", certain plans ar specification for the maintenance of the improvements, an estimate of the costs maintenance, a diagram of the District, and an assessment roll containing a spread of tt estimated costs of maintenance within the District, all as required by the Act and i previously ordered by this City Council. NOW THEREFORE, pursuant to the direction from this City Council, this Report is heret submitted to this City Council pursuant to the provisions of the Act. This Report applicable for the fiscal vear commencing July 1, 1994 to June 30, 1995 (hereinaft referred to as the Fiscal Year). This report is prepared in 2 parts (Street Lighting ar Landscaping), each of which consists of the following 3 sub-parts: Part I. PLANS AND SPECIFICATIONS for the maintenance and/or servicing of th improvements during the Fiscal Year. The plans and specifications show an describe the general nature, location and extent of the existing and propose improvements to be maintained and/or serviced during the Fiscal Year. Th plans and specifications also indicate the class and type of improvements t be maintained and/or serviced for each zone within the District. Part II. A DIAGRAM of the District. The Diagram shows the exterior boundarie of the District, the boundaries of any zones within the District, and th lines and dimensions of each lot or parcel within the District. Each parcc is identified by a distinctive number or letter. The lines and dimension of each lot conform to those shown on the County Assessor's map fa Fiscal Year. Part 111. AN ESTIMATE OF COSTS AND AN ASSESSMENTSCHEDULE showing th net amount to be assessed upon assessable lands within the Distric describing each assessable lot or parcel within the District by referenc I 0 e reference to the Parcel numbers contained on the County Assessr Roll, and assessing the net amount upon all assessable lots or par by apportioning the net amount among the several accessible lo parcels in proportion to the benefits to be received by each IC parcel. All lots and parcels of land known as public property, as def under Section 22663 of the Act, have been omitted and are exf from any assessment under these proceedings. Executed this ,y" day of "';. , 1994 at L& kHd, cff. ICES DEPARTM I a e STREET LIGHTING Pursuant to direction from the City Council, submitted herewith is the "Report", consistii of the following documents pursuant to the provisions of Division 15, Part 2, of the Strec and Highways Code of the State of California, and specifically Section 22500 et.seq., t Landscaping and Lighting Act of 1972. PART 1. PLANS AND SPECIFICATION The plans and specifications for the maintenance and/or servicing of the street lighti improvements during the Fiscal Year are on file in the office of the Assessment Distr Administrator, available for public inspection, and incorporated herein by this referen as though set forth in full. Said plans and specifications show and describe the gene nature, location and extent of the existing and proposed improvements to be maintain and/or serviced during the Fiscal Year. The plans and specifications also indicate t class and type of improvements to be maintained and/or serviced for each zone wit1 the District. PART II. DIAGRAM A diagram of the Street Lighting District. Said diagram shall show the exterior boundarl of the Street Lighting District, the boundaries of any zones within the Street Lighti District, the lines and dimensions of each lot or parcel within said Street Lighting Disti and each parcel shall be identified by a distinctive number or letter. The lines a dimension of each lot shall be identified by a distinctive number or letter. The lines a dimension of each lot shall conform to those shown on the County Assessor's map the fiscal year to which the Report applies. A simplified diagram is attached as Exhi A. A detailed diagram is maintained in the office of the Assessment District Administra and is available for public inspection. r e e METHOD AND FORMULA OF ASSESSMENT SPREAD FOR STREET LIGHTING Within the Street Lighting Assessment District boundaries are the following five zone: 1. Zone A - street lights at intersections only (wood poles, SDG&E owned a maintained) 2. Zone B - street lights at mid-block (SDG&E owned and maintained) 3. Zone C - City owned and maintained street lights on ornamental poles 4. Zone D - SDG&E owned and maintained street lights on ornamental poles 5, Non-benefiting Zone - undeveloped property, not assessed Within Zones B, C, and D are several codes. The code being the aredareas develop at the 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 followi methods: 1. Residential parcels - pay equal shares of the energy and maintenance costs the street lights within their code 2. Commercial and industrial parcels - share the cost of the energy a maintenance of the street lights within their code based on the front foota percent of the area of the code. I 0 0 PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE July 1, 1994 through June 30, 1995 STREET LIGHTING COST OF MAINTENANCE SERVICE A. Energy 260,000 B. Personnel 185,000 C. Operations 283,357 Subtotal $ 728,357 For services to Other Departments 32,000 City Contributions 28,000 From Fund Balance 68,357 Subtotal $128,357 BALANCE TO ASSESSMENT $ 600,000 Detail contained by FY 1994-95 approved budget - Fund 161-6210 A complete assessment roll detailing the street lighting benefit assessment for each C parcel is on file at the [ .. arlsbad. 0 0 NOSCALE cAnnon no WINIETtlA W STREET LIGUT MAI"E"cE BENEFIT ZONES "UUUOO STREET LIGHTING NON-BENEFITING PARCELS LIGHTING AND LANDSCAPING DISTRICT NO FY 94-95 EXHIBIT w 0 0 LANDSCAPING PART 1. PLANS AND SPECIFICATIONS The plans and specifications for the maintenance and/or servicing of the Street Tree at Street Median Improvements during the Fiscal Year are on file in the office of tl Assessment District Administrator, and are available for public inspection, ar incorporated herein by this reference as though set forth in full. Said plans ar specifications show and describe the general nature, location and extent of the existir and proposed improvements to be maintained and/or serviced during the Fiscal Ye< The plans and specifications also indicate the class and type of improvements to maintained and/or serviced for each zone within the District. PART II. DIAGRAM A diagram of the Landscaping District. Said diagram shall show the exterior boundari of the District, the boundaries of the Tree and Landscaping zones within the District, t lines and dimensions of each lot or parcel within said Landscaping District and ea parcel shall be identified by a distinctive number or letter. The lines and dimensions each lot shall canfarm ta those shown on the County Assessor’s map for the fiscal YE to which the Report applies. Simplified diagrams are attached as Exhibits B and C. detailed diagram is maintained in the office of the Assessment District Administrator. I 0 a 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 sidew: and/or property line in the areas indicated in Exhibit B. Each property receiv approximately the same benefit. Therefore, staff established a benefit formula which each parcel is given an equivalent dwelling unit (EDU) based on the averal size of a single family residential lot in the City of Carlsbad (7,500 square feet or . acres). Thus, each single family parcel is given and EDU of 1.0, while most ott- parcel are given an EDU based on the following formula: Acreaqe = EDU .17 MEDIAN LANDSCAPE MAINTENANCE This service generally benefits all parcels and residents in the City. Accordingly, parcels share in the cost. However, parcels which front upon streets which recei median landscape maintenance services generally receive more benefit frc landscape median improvements than other parcels. Thus, all parcels in the C share in the cost of median landscape maintenance using the same EDU formi proposed for Street Tree Maintenance and those parcels which front on streets w 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 meetir 0 0 PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE July 1, 1994 through June 30, 1995 TREES COST OF MAINTENANCE SERVICE A. Personnel $348,987 B. Maintenance & Operation 225,225 C. Capital Outlay 0 Subtotal $ 574,212 City Contributions $ 66,140 From Fund Balance 8,072 Subtotal (74,212) BALANCE TO ASSESSMENT $500,000 Detail contained by FY 1994-95 approved budget -- Fund 161-4122 A complete assessment roll detailing the street lighting benefit assessment for each C parcel is on file at the office of the Assessment District Administrator, Community Servic Department, City of Carlsbad. - Nascw. TREETRIMMING BENEFITING PAR- TREETRIMMING D NON-BENEFITING PARW LIGHTING AND LANDSCAPING DISTRICT' N EXHIB FY 94-95 W a PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE July 1, 1994 through June 30, 1995 MEDIANS COST OF MAINTENANCE SERVICE A. Personnel $ 75,560 B. Maintenance & Operation 1 98,525 C. Capital Outlay 0 Subtotal $274,085 From Fund Balance $ 14,085 City Contributions 0 Subtotal $14,085 BALANCE TO ASSESSMENT $260,000 Detail contained in FY 1994-95 approved budget -- Fund 161-4123 A complete assessment roll detailing the street lighting benefit assessment for each C parcel is on file at the office of the Assessment District Administrator, Community Servic Department, City of Carlsbad. HOSUL IANDSCAPE MEDIAN BENEFITING PARCELS LIGHTING AND LANDSCAPING DISTRICT r FY 94-95 ESHLB n I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 tXH I€3 0 e RESOLUTION NO. 94-208 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CONFIRMING THE DIAGRAM AND ASSESSMENTAND PROVIDING FORTHE LEWOF THE ANNUAL ASSESSMENT IN A SP€C\AL MA1 NTENANCE DISTRICT WHEREAS, the City Council of the City of Carlsbad, California, has initiatl proceedings for the levy of the annual assessment for a landscaping and lighting distr created pursuant to the terms of the "Landscaping and Lighting Act of 1972," bei Division 15, Part 2 of the Streets and Highways Code of the State of California (the 'Ac in a special maintenance district known and designated as STREET LIGHTING AI LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the 'District'); and, WHEREAS, at this time two public hearings have been held relating to the lev) the annual assessments, and this Ctty Council is now satisfied with the assessment E diagram and all other matters as contained in the Engineer's 'Report' as now submit 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, the same hereby are, overruled and denied. CONFIRMATION SECTION 3. That the final assessment and diagram for the proceedings contained in the Engineer's 'Report" is hereby approved and confirmed. SECTION 4. That the public interest and convenience requires, and legislative body does hereby order the maintenance work to be made and performec 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 2o 21 22 23 24 25 26 27 28 0 0 said maintenance work is set forth in the Engineer's 'Report,' and as previously declan and set forth in the Resolution of Intention. SECTION 5. That the assessments contained in said "Report" for the next fisc year are hereby confirmed and levied upon the respective lots or parcels of land in t District in the amounts as set forth in said final "Report." It is hereby further determin that all assessments have been apportioned property in accordance with the benefits tl each parcel receives from the proposed maintenance works of improvement. FILING AND RECORDING SECTION 6. That the above referenced diagram and assessment shall be fil in the office of the City Clerk, with a certified copy to be filed in the office of 1 Administrative Coordinator-Special Districts. Said diagram and assessment, and 1 certified copy thereof, shall be open for public inspection. SECTION 7. That the City Clerk is hereby ordered and directed to immediat file a certified copy of the diagram and assessment with the County Auditor, Said fil to be made no later than the third Monday in August. ENTRY UPON THE ASSESSMENT ROLL SECTION 8. That after the filing of the diagram and assessment, the Cou Auditor shall enter on the County Assessment Roll opposite each lot or parcel of land amount assessed thereupon, as shown in the assessment. COLLECTION AND PAYMENT SECTION 9. The assessments shall be collected at the same time and in same manner as County taxes are collected, and all laws providing for the collection i enforcement of County taxes shall apply to the collection and enforcement of assessments. Ill Ill 1 2 3 4 5 ' 7 8 9 10 I1 12 13 14 I!3 16 17 18 19 20 21 22 23 24 25 26 27 28 * I) FISCAL YEAR SECTION 10. That the assessments as above authorized and levied for the1 proceedings will provide revenue and relate to the fiscal year commencing July 1, 19! and ending June 30, 1995. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsb at its regular meeting held on the 19th day of JULY , 1994, by t following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, NOES: None ABSENT: None f&& ut/ CLAUDE A, LEWIS, Mayor ATTEST: *L* (SEAL) . Leucadh EncinfiaS, Gardilf, Vista and CarIsbad, County of San Diego, and which newspaper has been adjudged Court of the County of San Diego, State of California, under the date of June 30.1989, case number 171349; published in each regular and entire issue of said newspaper and not in any supplement thereof on the - --- - -- - - - . merits. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION I. That the above recitals are all true and correct. DECLARATION QE INTENTION SECTION 2. That the public interest quires and and it Convenience is the intention re- Of this Iigislative body to levy and collect assessments to pay the annual costs and ex- penses for the maintenance and/or servicing of the im- provements for the above ref- erenced Maintenance District. said jmprovements generally The maintenance of certain street lighting improvements, street trees and median land- smping improvements, as Set forth and described in the En- gineer's Report. The proposed new improve- merits to be maintained and serviced caused generally by new development are de- scribed as fOllOWS: The maintenance, of certain a newspaper Of general circulation by the Superior that the notice, Of which the annexed is a printed COPY (set in type not Smaller than nonpareil), has been following dates, to-wit: Suce Cr 3.pp4 described as follows: 1 ceflify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside,California, this -day of additional street Ilghtl?g Im- provements landscaping and improvements. additional u 7. ---c- ., ,_ - d A- 7 (! (3 - ,' - e including, including Street trees and median IandscaPWJ improvements, all as Set forth and described in the Engi- neer's Report which is hereby ordered to be'kept on file and open for public inspection in the Office of the CW Clerk. SECTION 3. That said works of improvement are of direct benefitto the prope$es w,imin the boundaries of sald Mainte nance Distri$ which Malnte- Dance District the leglslatlve body previously declared to be the area benefned by said works of improvements. and for particulars. reference 1% made to the boundary map as previously approved by this BLADE-CITIZEN legislative body. a COPY which ,is on file In the Off= Legal Advertising the Clty Clerk and open public inspection. and is des- ignated by the name of this Maintenance DiStnct. - -- r - - -- *--" - - - - -- - i - -'* -.- - - - - - __ __ - - - - .- BOUNDARIES QE , , . .~ .; ~. . -.- MAINTENANCE DISTRICT Signature ,/ ---~-..-'-. 1722 South Hill Street - for the public hearh SECTION 7. Tha Clerk is hereby d' mail notice of sa Hearings, Me adop Resolution of Intent the filing of the Re persons owning re; where there is a n increased assess that and levied. as PreViOUslY PROCEEDlI INQUIRIESIPR SECTION 8. For information, relati proceedings, lncl mation relating to cedure, your attc rected to the Pes ed below: VIRGINIA h ASSESSMENT ADMINISTF COMMUNITY 5 DEPARTP cilY OF CAI TELEPHONE: 6 Written protests property wlthln nance District n protest tothl address: CITY C' DRI CARLSBAD PASSED, APF ADOPTED~Y~ of the City Of ' regular meetit 17mdayof MA following vote. LeWis, Sa'ton sard, Finnila NOES None ABSENT: Non IslClaude A: L' *TTEST ~Alma L. e c&clek (5 L, Leqa' 39679 ' - 1200 CINOFCI CARLSQ AYES: Cow of of for ' 0 CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES as follows: The undersigned is now, and at all times mentioned herein was, the duly elected qualified and CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA and, as such, accomplished or causec accomplished the notice requirements in connection with the referenced District, as noted: PUBLICATION BLADE CITIZEN The RESOLUTION OF INTENTION was published in the designated legal newspaper, at least te days rior to the date set for the second public hearing, said publication being accomplished I dg day of flu ,1994. MAILING The NOTICE TO PROPERTY OWNERS was mailed to all persons owning property where the new and/or increased assessment at least forty-five (45) days before the date set for the sc public hearing, said mailing being accomplished on the day of 7~ 1994. &‘e POSTING A copy of the AGENDA for the meeting of , 1994 was posted in a location accessible to the general public at least 7 * ours before the time set for said meeting; said p~ being accomplished on the /7& EXECUTED this de day Of+ lgg4. , 1994 at Carlsbad, California. day Of + . dd CITY c CITY OF CARL STATE OF CALIF( a 0 May 31, 1994 TO: CITYCLERK FROM: Engineering Technician II POSTING OF PARCELS WITH INCREASED ASSESSMENTS Letters notifying of increases in assessments for street lighting, median, and street tree maintenance have been sent to property owners of all affected parcels. Attached for your records is a sample copy of documents which were mailed on Friday, May 27, 1994. If you have any questions regarding this matter, please feel free to contact Virginia McCoy i HEIDI L. HEISTERMAN Attach F \USEPS\HHOS\WPOATA\LTG\94053 I 001 \ r- I May 18, 1994 Dear City of Carlsbad Property Owner: The purpose of this letter is twofold. First, to provide you with some background informatioi on the City of Carisbad’s Street Lighting and Landscaping District No. 1 ; and, second, to not@ you of the cost of the benefit assessments projected to be levied on your property which lies within the boundary of the existing lighting and landscaping district. You are receiving this notice because your assessor‘s parcel number has been identified as being new to the tax rolls for Fiscal Year 1994-1995. Please review the following information describing the District’s programs and the assessments that have been entered for your property. The ‘Public Notice to Property Owners” included in this mailing provides additional information on the assessment procedure. The City of Carlsbad’s Street Lighting and Landscaping District No. 1 was formed in 1983 and Lighting Act of 1972. Since the formation the cost of operating the Crty’s street lighting system has been funded through assessments levied by the District. The Street Lighting Maintenance Zones include only the properties in the City for which street lighting is provide The maintenance program includes energy costs, preventive maintenance, repairs and replacement when necessary. In 1989 the City Council approved the addition of two landscaping zones to the original district. The two zones formed were a Street Tree Maintenance Zone and a Street Median Maintenance Zone. The Street Tree Maintenance Zone includes only the properties within th City where street trees are existing in the public right-of-way areas. The maintenance program provides a programmed schedule of tree trimming, treatment or replacement of damaged or diseased trees and emergency response to fallen trees within the public right-of way areas. The Street Median Maintenance Zone provides funds for the cost of maintaining the City’s street medians located throughout the CQ and includes plant and tree maintenanc care, irrigation system maintenance and structural replacement of the medians when necessary. All developed parcels within the City are assessed. The assessments for lighting and landscaping benefits are apportioned to each parcel in the City based on a degree of benefit formula. The proposed assessments for your property for Fiscal Year 1994-95 are shown on the attachment. I hope this information is clear. If you have any questions, please call Virginia McCoy at 61 914342941. under the provisions of the California Streets and Highway Code known as the Landscaping J 7;- vmc/kq 405 Oak Avenue - Carlsbad, CA 92008-3009 - (61 9) 434-2980 - FAX (61 9) 720-956 a e 0 PUBLIC NOTICE TO PROPERM OWNERS RESOLUTION OF INTENTION AND REPORT NOTICE IS HEREBY GIVEN that the ClN COUNCIL of the CIN OF CARLSBAD, CALIFORN did previously adopt its Resolution of Intention, receive and file an annual Report of the Enginec and authorize a time and place for two public hearings to consider the levy and collection of ( assessment during Fiscal Year 1994-1 995 within an existing landscape maintenance distr known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafl referred to as the Maintenance District). The Engineer’s Report has been prepared and approved, consisting of the plans ai specifications describing the general nature, location and extent of the improvements to maintained, estimate of the cost of the maintenance, and diagram and assessment, and for particulars as to these proceedings, reference is made to said Report as preliminarily approv and on file with the transcript of these proceedings. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED The improvements to be maintained and serviced are generally described as street lighting, strc tree and median landscaping improvements, including additional street lighting, street tree ai median landscaping improvements caused by new development, all as set forth and describi in the Engineer’s Report on file in the Office of the City Clerk and open for public inspection PROPOSED ASSESSMENT The assessment proposed to be levied on the property shown by the Assessor’s roll of t County of San Diego as being owned by you is set forth on the enclosed attachment. I assessments are proposed to be increased from those as previously authorized and levic However, new assessments shall be levied where new parcels have been subdivided or creatc PROCEEDINGS Said proceedings for this annual assessment levy within the District shall be had and tak pursuant to the Landscaping and Lighting Act of 1972 (Division 15 of the Streets and Highwa Code of the State of California). PUBLIC HEARINGS/PROTESTS NOTICE IS HEREBY GIVEN THAT TWO PUBUC HEARINGS ARE HEREBY SCHEDULED IN TI REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBEfi CITY HALL, CARLSBAD, CALIFORNIA ON THE FOLLOWING DATES AND TIMES: A. FIRST PUBLIC HEARING: 8. SECOND PUBLIC HEARING: June 21, 1994 at 6:OO pm July 19, 1994 at 6:OO pm AT THAT TIME THE LEGISLATIVE BODY WILL CONSIDER AND FINALLY DETERMI! WHETHER TO LEVY THE PROPOSED ANNUAL ASSESSMENT, AND TO HEAR ALL PROTES‘ W W RELATING TO SAID PROPOSED PROCEEDINGS, OR THE ESTIMATE OF THE COST AND EXPENSES OF THE PROPOSED MAINTENANCE, OR THE PROPOSEDANNUALASSESSMENT; AND ANY AND ALL PERSONS INTERESTED MAY FILE A WRITTEN PROTEST AT OR BEFORE THE TIME SET FOR THE SECOND HEARING REFERRED TO HEREIN. THE OWNER OF THE PROPERTY WITHIN THE MAINTENANCE DISTRICT MAY MAIL A PROTEST TO THE FOLLOWING ADDRESS: Crty Clerk Crty of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 TO BE CONSIDERED BY THE LEGISLATIVE BODY, ALL PROTESTS MUST BE RECEIVED AT OR PRIOR TO THE TIME SET FOR THE SECOND PUBLIC HEARING. A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE SUFFICIENT. PROCEED1 NGS INQUl RlES For all information relating to these proceedings, the hearing procedure, and any and all matters as set forth and contained in any documents, your attention is directed to the person designated below: Virginia McCoy City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Telephone: (61 9) 434-2941 DATED: Wcw dd IWY CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I .* 0 0 z E r 2 g m 4 P !323$% -I ???E% 28232, mm -Ixcz- -Io n-n + mg2:rn ?- 2 FZ .. iis: RZZmr +g;m--a c). 2 F mwa wn zzr 01 z-l g wz c) 0 0 Y 4 -*I) z -I Y GI ma ni m~ na XI1 n; v)I iq .-I1 I I . - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 94-136 RESOLUTION OF ME 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 lW0 PUBLIC HEARINGS THEREON WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALlFORNl previously formed a special maintenance district pursuant to the terms of the Lands1 and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code State of California, said special maintenance district known and designated as S LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the Maintt District); and, WHEREAS, at this time the City Council is desirous to take proceedings to F for the annual levy of assessments for the next ensuing fiscal year to provide for the and expenses necessary to pay for the maintenance of the improvements witt Maintenance District; and, WHEREAS, there has been presented and approved by this City Cour Engineer’s Report, as required by law, and this City Council is desirous of continuir the proceedings for said annual levy; and WHEREAS, the improvements to be maintained shall consist of all 01 designated and authorized improvements, as well as certain new and ad improve me nt s. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. 111 Ill 1, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e m DECLARATION OF INTENTION SECTION 2. That the public interest and convenience requires, and it intention of this legislative body to levy and collect assessments to pay the annual cos expenses for the maintenance and/or servicing of the improvements for the above refei Maintenance District, said improvements generally described as follows: The maintenance of certain street lighting improvements, street trees and r landscaping improvements, as set forth and described in the Engineer’s Report. The proposed new improvements to be maintained and serviced caused ge by new development are described as follows: The maintenance of certain additional street lighting improvements and ad( landscaping improvements, including street trees and median landscaping improveme as set forth and described in the Engineer’s Report, which is hereby ordered to be k file and open for public inspection in the Office of the City Clerk. BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. That said works of improvement are of direct benefit to the pro within the boundaries of said Maintenance District, which Maintenance District the leg body previously declared to be the area benefited by said works of improvement, i particulars, reference is made to the boundary map as previously approved by this leg body, a copy of which is on file in the office of the City Clerk and open for public insp and is designated by the name of this Maintenance District. REPORT OF ENGINEER SECTION 4. A. That the Report of the Engineer, as preliminarily approved legislative body, is on file with the City Clerk and open for public inspection. Referc made to said Report for a full and detailed description of the improvements to be main the boundaries of the Maintenance District and any zones therein, and the prc assessments upon assessable lots and parcels of land within the Maintenance Distr I L- 1 2 3 4 5 f5 7 8 9 10 11 12 13 14 15 16 lrl 18 19 2o 21 22 23 24 25 26 27 28 * e B. There shall be no increase in any assessments from those as prej levied and authorized; however, new assessments will be levied where new parcel been created caused by land development. PUBLIC HEARING SECTION 5. NOTICE IS HEREBY GIVEN THAT TWO PUBLIC HEARING HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, THE COUNCIL CHAMBERS, CITY HALL, ON THE FOLLOWING DATES AND TIMES: A. FIRST PUBLIC HEARING: JUNE 21 , 1994 AT 6:OO P.M. 8. SECOND PUBLIC HEARING: JULY 19, 1994 AT 6:OO P.M. AT THAT TIME THIS LEGISLATIVE BODY WILL HEAR PROTESl OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS AND T OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WI OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE A Wf PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE SECOND F HEARING. NOTICE SECTION 6. That the City Clerk is hereby authorized and directed to give as required by law by causing a copy of this Resolution to be published in the Blade ( a newspaper of general circulation within the City of Carlsbad, said publication completed not less than ten (10) days prior to the date set for the public hearing. SECTION 7. That the City Clerk is hereby directed to mail notice of said Hearings, the adoption of the Resolution of Intention, and of the filing of the Repo persons owning real property where there is a new and/or increased assessment frc as previously authorized and levied. Ill 1, % 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * e PROCEEDINGS INQUIRIES/PROTESTS SECTION 8. For any and all information relating to these proceedings, inc information relating to protest procedure, your attention is directed to the person desi6 below: VIRGINIA McCOY ASSESSMENT Dl STRl CT ADMINISTRATOR COMMUNITY SERVICES DEPARTMENT CITY OF CARLSBAD TELEPHONE: 61 9/44-2941 Written protests by owners of property within the Maintenance District me said protest to the following address: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 PASSED, APPROVED AND ADOPTED by the City Council of the City of CE at its regular meeting held on the 17th day of MAY , 1994, by the followin1 to wit: AYES: NOES: None Council Members Lewis, Stanton, Kulchin, Nygaard, Fin1 ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) * f . July 21, 1994 Property Tax Services County Administration Center, Rm. 164 Attention: James Griego/Lane Hicks 1600 Pacific Highway San Diego CA 92101 CITY OF CARLSBAD LIGHTING AND LANDSCAPING DISTRICT #I ASSESSMENTS FOR FY 94-95: STREET LIGHTING ZONES - FUND NO. 601 0-01 LANDSCAPING ZONE T - FUND NO. 601 0-1 1 LANDSCAPING ZONE M - FUND NO. 6010-09 As per your telephone conversation with Virginia McCoy, the individual assessments have been rec magnetic tapes and are on file in Room 092 D.I.S. Services in the County Administration Center. The Street Lighting Assessment information tape (Fund No. 6010-01) is 6250 bpi and is blocked at There are 32,454 assessable parcels for a total assessment of $600,095.36. The Landscaping Zone T assessment (Fund No. 6010-1 1) includes 13,181 assessable parcels for a assessment of $493,226.46. The Landscaping Zone M assessment (Fund No. 601 0-09) includes 33,861 assessable parcels for i assessment of $259,345.94. Tapes for both Landscaping Zones T and M were prepared by the County of San Diego. Please consider this letter as authorization to use all assessment information as recorded on the aforementioned tapes. Attached is a certified copy of Resolution No. 94-208 confirming the assess If you have questions please call Ms. McCoy at 434-2941. &p*,-$jp& UTE RAN2 City Clerk Attachment vmc: pg k C: Assistant Finance Director CSD Administrative Coordinator-Special Districts ---___ 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28( (b 0 t I- CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein, was the duly appointed, qualifie acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA and, as such, accomplished the I requirements in connection with the referenced Assessment District, as noted: RECORDATION The original of the ASSESSMENT ROLL AND DIAGRAM was filed in the office of the Asses: District Administrator on the /?a A certified copy of the ASSESSMENT ROLL AND DIAGRAM was forwarded to the Office County Auditor on the &?dl. day of & , 1994. day Of+ lgg4* POSTING , 1994 was posted in a lot A copy of the AGENDA for the meeting of accessible to the general public at least 72 h' urs b fore the time set for said meeting; said p' being accomplished on the )4-t17 day of 79 , 1994. Executed this J SA& day of 3 ce~Y , 1994 at Carlsbad, California. * - CITY c CITY OF CARL STATE OF CALIF( August 9, 1994 Property Tax Service County Administration Center, Rm. 164 1600 Pacific Highway San Diego, CA 92101 Attention: Lane Hicks REVISION TO LIGHTING & LANDSCAPING DISTRICT #1 ASSESSMENTS: Street Lighting Zones - Fund No. 6010-01 Landscaping Zone T - Fund No. 601 0-1 1 Landscaping Zone M - Fund No. 6010-09 Per our telephone conversation, the revised assessment totals are as follows: Fund Number: 601 0-01 Number of Parcels: 32,289 Total Assessment Amount: $599,174.30 All other information provided in the letter from the City Clerk’s office, dated July 21, 1994, remains unchanged. If there are questions regarding these figures, please contact my officc at 434-2941. VlRG IAMc OY Adminis bCoordin%ricts 0- Pgk C: City Clerk Assistant Finance Director 405 Oak Avenue - Carlsbad, CA 92008-3009 - (61 9) 434-2980 - FAX (61 9) 720-956;