HomeMy WebLinkAbout1995-06-06; City Council; 13167; STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1: PROCEEDINGS SCHEDULE FOR FISCAL YEAR 1995-96? -
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& ’,7 Cl@” OF CARLSBAD - AGEW BILL ‘
A6 # A)! TITLE: STREET LIGHTING AND LANDSCAPING DEP
CIT‘ MTG, 6/6/95
DEPT. CSD CIT‘
RECOMMENDED ACTION: I
DISTRICT NO. 1 : PROCEEDINGS
SCHEDULE FOR FISCAL YEAR 1995-96
1.
2. Adopt Resolution No. 95-l“ir. approving the Engineer’s Report.
3.
Adopt Resolution No. 5 5’- IL/ 1
of an Engineer’s Report for a Special Maintenance District.
Adopt Resolution No. yi 5’- /q .?,
August 1, 1995.
ITEM EXPLANATION:
The purpose of this agenda bill is to request Council’s approval of three resolutions net
to begin processing the City’s Street Lighting & Landscaping District No. 1 for Fiscal Yec
96 in compliance with the procedures of the California Streets and Highways Code.
initiating proceedings and ordering the prey
setting two public hearings for June 27, 1s
Two pubic hearings are required each year. At the first public hearing (June 27, 19
Community Services Department staff will present a comprehensive report describ
maintenance and operation procedures of the District as introduced in the attached Enc
Report. At the second public hearing (August 1, 1995) staff will recapitulate the Engineer’s
and request Council to approve the assessment schedule for Fiscal Year 1995-1 996.
BACKGROUND:
In 1983 the City of Carlsbad Street Lighting & Landscaping District was formed as a c
district according to the provisions of the California Streets and Highways Code, know
Landscaping & Lighting Act of 1972. Since the District’s formation, the cost of opera1
maintaining the City’s street lighting system has been funded through assessments frc
parcel in the City, based on direct benefit. The Street Lighting Zone is identified as a c
zone formed with the intent for all assessable parcels within the City to pay be
assessments as they are developed and street lights are added.
On June 6, 1989 Council approved the addition of two landscaping zones to the original
Benefit Zone.
The Street Tree Maintenance Zone is not a city-wide zone. This Maintenance Zone incluc
the properties within the City in which street trees exist within the public right-of-way are
maintenance program provides a programmed schedule of tree trimming, treatment of d
trees, and emergency response to fallen trees within the public right-of-way. The
Maintenance Zone funds for the cost of maintaining the street medians located throug
City. This Maintenance Zone includes plant and tree maintenance care and s
replacement of the medians when necessary. The Median Maintenance Zone is a city-wi
with City parcels paying assessments based on degree of benefit.
FISCAL YEAR 1995-96 ASSESSMENT PROCESSING
The Street Lighting Zone benefit assessments have decreased by approximately 8% in rr
codes that will not be impacted by either parcel deletions or additions. The Street Lighti
formula will remain unchanged for Fiscal Year 1995-96 assessment purposes, and exist
The two zones formed were a Street Tree Maintenance Benefit Zone, and a Median Main
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+ and code calculation methods will remain constant with Fiscal Year 1994-95 format.
currently in the process of auditing and reprocessing the benefit formula to reflect cc
ownership of the entire City street lighting system following completion of the pending !
street light acquisition. Upon acquisition of the SDG&E-owned lights lower ener! maintenance costs will result in certain areas of the City. This acquisition will not take \
time to formulate these energy savings into the Fiscal Year 1995-96 assessment schedule
completed and checked, the audit will bring new capability to the City in analyzing thc
Lighting Benefit Zone, and result in a more equitable system of assessments and a
understanding of the system. The audit has already clearly identified a number of parc
have been overlooked and, therefore, were not assessed in previous years. These para
been incorporated into this year’s assessment for the first time. Staff will keep the City
updated on the progress of the audit and the options available in updating the Street
Benefit Assessments for next year.
The Street Tree Maintenance Zone assessments have decreased this year due
reapportionment of personnel and an established inventory of maintenance equipme
rendering reductions in the personnel, maintenance and operations accounts.
The Median Tree Maintenance Zone has undergone major increases in City maintained
the last two years. The landscaped median area has increased by 33% and hardscaped
area has increased by 16%. In addition, water rates for the landscaped areas have (
Therefore the assessments for the Median Maintenance Zone, which have remained con
the last two fiscal years, need to be increased to meet the existing standard of mainten
by the assessment zone if approved by the Council. The attached resolutions and Er
Report contain a complete description of work performed and projected budget cost’
lighting and landscaping programs.
FISCAL IMPACT
The Fiscal Year 1995-96 Street Lighting and Landscaping Budget is projected to be $1, or $67,355 more than the adopted budget for Fiscal Year 1994-1 995 due to the growth a
rate increase factors in the median maintenance program.
The City’s General Fund will contribute $94,140 to the Assessment District programs:
to the 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 Maintenai
for staff time and equipment spent on maintaining City parks and Hosp Grove. City F
Hosp Grove, by policy, are not considered part of the zone program.
The majoriiy of Street Lighting assessments will decrease by approximately 8% in Fi:
1995-1 996. Tree Trimming Zone assessments will be decreased by approximately
Median Maintenance Zone assessments project a 32% increase.
As shown on the table on the next page, a typical single family residential parcel whict
from street lighting, street tree maintenance and median maintenance would have an ar
assessment of $73.1 0 for Fiscal Year 1995-96 compared to $76.40 for the last fiscal yc
1995.
BENEFIT ZONE
Street Light Maintenance
Street Tree Maintenance
Median Maintenance
TOTAL
Adopted 1994-95 Budget 1995-96 Dollar Char
$ 724,736 $ 713,620 ($ 1
$558,839 $531,290 ($2
$274,360 $ 380,380 +$1
$1,557,935 $1,625,290 +$
BENEFIT ZONE Average Assessment
FY 94-95
Street Light Maintenance $31.54
Street Tree Maintenance $39.00
Median Maintenance $ 5.86
TOTAL $ 76.40
Average Assessment Change in Av
PI 95-95 Assessme
$ 29.02 c
$ 35.74 ($
$ 8.34 $
$ 73.10 (:
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- MHIBI'
ORDER OF PROCEDURE
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
DATE OF MEETING: June 6, 1995
CITY COUNCIL: Adopt RESOLUTION INITIATING PROCEEDINGS E
ORDERING THE PREPARATION OF AN ENGINEE
REPORT.
Adopt RESOLUTION APPROVING ENGINEER'S REP0
Adopt RESOLUTION SETTING TWO PUBLIC HEARIN
DATES OF PUBLIC FIRST: June 27, 1995
H EAR1 NGS: SECOND: August 1, 1995
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EXHIBIT 2 0 0
RESOLUTION NO, 95-141
RESOLUTION OF THE CITY COUNCIL OF THE CIN OF
CARLSBAD, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE ANNUAL LEVY OF ASSESSMENTS AND
ORDERING ME PREPARATlON OF AN ENGINEER’S
REPORT FOR A SPECIAL MAINTENANCE DISTRICT
WHEREAS, the CIlY COUNCIL of the CITY OF CARLSBAD, CALIFORP
previously formed a special maintenance district pursuant to the terms of the Land
and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Cod
State of California, said special maintenance district known and designated as !
LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the Mair
District); and,
WHEREAS, the Crty Council wishes to take proceedings to provide for the an
of assessments for the next ensuing fiscal year to provide for the annual c
maintenance of improvements within the Maintenance District.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are true and correct.
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i DECLARATION OF INTENTION
SECTION 2. That the public interest and convenience require, and it is the I i I/ of this legislative body, to initiate proceedings for the annual levy and collection
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Maintenance District.
The proposed new improvements to be maintained and serviced caused ge
, new development are described as follows:
The maintenance of certain additional street lighting improvements and
landscaping improvements, including street trees and median landscaping improvl
as set forth and described in the Engineer’s Report, which is hereby ordered to 1
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file and open for public inspection in the Office of the City Clerk.
REPORT OF ENGINEER
SECTION 3. That this improvement is hereby referred to the Admin
Services/Projects Manager, Community Services Department who is hereby directed 1
and file the Report generally containing the following:
A. Plans and specification describing the general nature, location anc
of the improvements;
B. An estimate of the cost of the maintenance and/or servichc
improvements for the Maintenance District for the referenced fiscal year;
C. A diagram for the Maintenance District, showing the area and pi
proposed to be assessed;
D. An assessment of the estimated costs of the maintenance and/or s
assessing the net amount upon all assessable lots and/or parcels within the Mair
District in proportion to the benefits received.
That upon completion of the preparation of said Report, the original
filed with the City Clerk, who shall then submit the same to this legislative boc
immediate review and consideration.
FISCAL YEAR
SECTION 4. That the above Report shall include all costs and expense:
maintenance and/or servicing relating to the fiscal year commencing July 1, 1995 ar
June 30, 1996.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
b 1995 by the following vote, t
AYES: Council Members Lewis , Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
LAnLDLL . . 0 0
ENGINEER'S REPORT
AGENCY CITY OF CARLSBAD
PROJECT:
ENGINEER'S REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972"
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
WHEREAS, this City Council has previously formed STREET LIGHTING AND ~JWDSCAPI~
DISTRICT NO. 1 (hereinafter referred to as the District) and has levied assessments within tl
District for prior fiscal years, all pursuant to the Landscaping and Lighting Act of 1972, bei
Division 15, Part 2 of the Streets and Highways Code of the State of California, commencing w
Section 22500 (hereinafter referred to as the Act); and
WHEREAS, this City Council has previously adopted a Resolution ordering the preparation a
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 a
specification for the maintenance of the improvements, an estimate of the costs of maintenan
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 herc
submitted to this City Council pursuant to the provisions of the Act. This Report is applicable
the fiscal year commencing July I, 1995 to June 30, 1996 (hereinafter referred to as the Pi!
Year). This report is prepared in 2 parts (Street Lighting and Landscaping), each of wk
consists of the following 3 sub-parts:
Part 1. PLANS AND SPECIFICATIONS for the maintenance and/or servicing of
improvements during the Fiscal Year. The plans and specifications show i
describe the general nature, location and extent of the existing and propo!
improvements to be maintained and/or serviced during the Fiscal Year. -
plans and specifications also indicate the class and type of improvements tc
maintained and/or serviced for each zone within the District.
A DIAGRAM of the District. The Diagram shows the exterior boundaries of
District, the boundaries of any zones within the District, and the lines
dimensions of each lot or parcel within the District. Each parcel is identifiec
a distinctive number or letter. The lines and dimensions of each lot conforr
those shown on the County Assessor's map for Fiscal Year.
AN ESTIMATE OF COSTS AND AN ASSESSMENT SCHEDULE showing thc
amount to be assessed upon assessable lands within the District, descri
each assessable lot or parcel within the District by reference to the Pz
numbers contained on the County Assessment Roll, and assessing the
amount upon all assessable lots or parcels by apportioning the net am
among the several accessible lots or parcels in proportion to the benefits t
received by each lot or parcel.
Part II.
Part Ill.
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Annual assessment increases will be caused by reasons of increases in
costs of labor, materials and utility cost increases as applied to energy ra
and water fees. Assessments can be annually modified and increased to ref1
an annual modification in the cost of labor and materials based upon
Consumer Price Index, San Diego, as published by the Department of Laboi
for related energy and water rate increases.
All lots and parcels of land known as public property, as defined under Sed
22663 of the Act, have been omitted and are exempt from any assessment un
these proceedings.
computed for the first Index in March of each year with additional modificatic
Executed this -2 y /’ day of ~v ,1995at c,/LeJ, ~/4
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. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED
The improvements to be maintained and serviced are generally described as street lighting, stre
tree and median landscaping improvements, including additional street lighting, street tree ai
median landscaping improvements caused by new development, all as set forth and describl
in this Engineer’s Report.
Additional median areas to be maintained in Fiscal Year 1995-1 996 include a 33% increase in I
City’s landscaped medians and a 16% increase in the City’s hardscaped medians.
New development has added 232 new street lights to be included in the City maintenar
inventory. An additional 685 street lights will be added at the conclusion of the SDG&E strc
light acquisition during the early part of Fiscal Year 1995-1 996.
The City’s street tree inventory remains constant, with the exception of replacement of damas
trees, with last year’s figures since new development improvements do not include trees in pul
right-of-way areas,
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- STREET LIGHTING
Pursuant to direction from the City Council, submitted herewith is the "Report", consisting of
following documents pursuant to the provisions of Division 15, Part 2, of the Streets i
Highways Code ofthe State of California, and specifically Section 22500 etseq., the LandscaF
and Lighting Act of 1972.
PART 1. PLANS AND SPECIFICATION
The plans and specifications for the maintenance and/or servicing of the street ligh
improvements during the Fiscal Year are on file in the office of the Assessment Dis
Administrator, available for public inspection, and incorporated herein by this reference as tho
set forth in full. Said plans and specifications show and describe the general nature, location
Fiscal Year. The plans and specifications also indicate the class and type of improvement
be maintained and/or serviced for each zone within the District.
extent of the misting and proposed improvements to be maintained and/or serviced during
PART II. DIAGRAM
A diagram of the Street Lighting District. Said diagram shall show the exterior boundaries o
Street Lighting District, the boundaries of any zones within the Street Lighting District, the I
and dimensions of each lot or parcel within said Street Lighting District and each parcel sha
identified by a distinctive number or letter. The lines and dimension of each lot shall be ideni
by a distinctive number or letter. The lines and dimension of each lot shall conform to tt
shown on the County Assessor's map for the fiscal year to which the Report applies. A simp
diagram is attached as Attachment A. A detailed diagram is maintained in the office 0'
Assessment District Administrator and is available for public inspection.
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METHOD AND FORMULA OF ASSESSMENT SPREAD FOR STREET LIGHTING
Within the Street Lighting Asessment District boundaries are the following five zones:
1. Zone A - street lights at intersections only (wooden poles, *SDG&E-owned a
maintained)
2. Zone 8 - 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 6, C, and D are several codes. The code being the area(s) developed at the sa
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 metho
1. Residential parcels: pay equal shares of the energy and maintenance costs of the street lights within their code
2. Commercial and industrial parcels: share the cost of the energy
maintenance of the street lights within their code based on the front foot
percent of the area of the code.
*m: The City is in the process of purchasing the SDG&E street lighting system. However, the acquisition has not been completed at the time of preparation of this Engineer’s Report.
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PART 111, ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE
July 1, 1995 through June 30, 1996
STREET LIGHTING
COST OF MAINTENANCE SERVICE
A. Energy $245,000
B. Personnel 1 87,800
C. Operations 280,820
Subtotal $713,620
For services to Other Departments $30,500 City Contributions 28,000
From Fund Balance 104,716
Subtotal ($1 63,216)
BALANCE TO ASSESSMENT $ 550,404
Detail contained by FY 1995-96 proposed budget -- Fund 161 -621 0
A complete assessment roll detailing the street lighting benefit assessment for each City pz
is on file at the Community Services Department, 405 Oak Avenue, Carlsbad.
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PACIFIC OCEAN
000000 mzzj STREET LIGHT MAINTENANCE BENEFIT ZONES
1-1 STREET LIGHTING NON-BENEFITING PARCELS
LIGHTING AND LANDSCAPING DISTRICT N(
ATTAI
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LANDSCAPING
PART I. PLANS AND SPECIFICATIONS
The plans and specifications for the maintenance and/or servicing of the Street Tree and Stre
Median Improvements during the Fiscal Year are on file in the office of the Assessment Distri
Administrator, and are available for public inspection, and incorporated herein by this referenc
as though set forth in full. Said plans and specifications show and describe the general natur
location and extent of the existing and proposed improvements to be maintained and/or servicc
during the Fiscal Year.
improvements to be maintained and/or serviced for each zone within the District.
The plans and specifications also indicate the class and type
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 appli
Simplified diagrams are attached as Attachments B and C. A detailed diagram is maintainec
the off ice of the Assessment District Administrator.
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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 1
same benefit. Therefore, staff established a benefit formula in which each parcel is given
equivalent dwelling unit (EDU) based on the average size of a single family residential loi the City of Carlsbad (7,500 square feet or .I 7 acres). Thus, each single family parcel is gib
an EDU of I .o, while most other parcels are given an EDU based on the following form(
Acreage = EDU
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MEDIAN LANDSCAPE MAINTENANCE
This service generally benefits all parcels and residents in the City. Accordingly, all pan
share in the cost. However, parcels which front upon streets which receive median landsc
maintenance services generally receive more benefit from landscape median improvem
than other parcels. Thus, all parcels in the City share in the cost of median landsc
maintenance using the same EDU formula proposed for Street Tree Maintenance and tt
parcels which front on streets with landscaped medians are assessed twice the amoui
other parcels not fronting on the median streets.
These formulas were approved by City Council at the June 6, 1989, regular meeting.
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PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE
July 1, 1995 through June 30, 1996
TREES
COST OF MAINTENANCE SERVICE
A. Personnel $317,960
B. Maintenance & Operation 21 3,330
C. Capital Outlay 0
Subtotal $ 531,290
Interest $ 15,000
City Contributions 66,140
From Fund Balance 0
Subtotal ($81 ,I 40)
BALANCE TO ASSESSMENT $ 450,150
Detail contained by FY 1995-96 approved budget -- Fund 161 -41 22
A complete assessment roll detailing the tree trimming benefit assessment for each City pc
is on file at the Community Services Department, 405 Oak Avenue, Carlsbad.
PAClFlC OCEAN
TREE TRIMMING BENEFITING PARCELS
1-1 TREE TRIMMING NON-BENEFITING PARCELS
LIGHTING AND LANDSCAPING DISTRICT NO,
ATTACH TYrnr c?c
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PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE
July 1, 1995 through June 30, 1996
MEDIANS
COST OF MAINTENANCE SERVICE
A. Personnel $ 140,270
B. Maintenance & Operation 220,610
C. Capital Outlay 19,500
D.* Reserve Funds 2,943
Subtotal $383,323
From Fund Balance $ 0
City Contributions 0
Subtotal $ 0
BALANCE TO ASSESSMENT $ 383,323
Detail contained in FY 1995-96 proposed budget -- Fund 161-4123
A complete assessment roll detailing the median maintenance assessment for each City pc
is on file at the Community Services Department, 405 Oak Avenue, City of Carlsbad.
* To cover parcels to be declared non-assessable during Fiscal Year 1995-1 996.
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PACIFIC OCEAN
..................... ......................................... .................... ..................... .................... LANDSCAPE MEDIAN LOCATIONS .-..--_1-..
.*- E--I LANDSCAPE MEDIAN BENEFITING PARCELS
LIGHTING AND LANDSCAPING DISTRICT NC
ATTACI 1 FY 95-96
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EXHIBIT 0 0
RESOLUTION NO. -
RESOLUTION OF THE CITY COUNCIL OF THE CIN OF
CARLS BAD, CALI FORNl A, AP PROVl NG THE ENGINEER'S
REPORT FOR THE PROCEEDINGS FOR THE ANNUAL LEVY
OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE
D I STRl CT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pi
to the terms of the Landscaping and Lighting Act of 1972, being Division 15, Part 2
Streets and Highways Code of the State of California, did by previous resolution
proceedings and ordered the preparation of an Engineer's Report for the annual
assessments within a special maintenance district, said special maintenance distric'
and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 (he
referred to as the Maintenance District); and,
WHEREAS, there has now been presented to this City Council the Report as
by said Division 15 of the Streets and Highways Code and as previously dirc
resolution; and,
WHEREAS, this City Council has now carefully examined and reviewed the I
presented, and is satisfied with each and all of the items and documents as set fort
and is satisfied that the assessments, on a preliminary basis, have been I
accordance with the benefits received from the improvements to be maintained, a
in said Report.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Report as presented consists of the following:
A. Plans and specifications describing the general nature, location and e>
improvements to be maintained.
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6. Estimate of cost, including the amount of the annual installment for the forthcoi
fiscal year.
C. Diagram of the Maintenance District.
D. Assessment of the estimated cost.
Said Report, as presented, is hereby approved on a preliminary basis, and is or(
to be filed in the Office of the City Clerk as a permanent record and to remain open to i
inspect ion.
SECTION 3. That the City Clerk shall certrfy to the passage and adoption
Resolution, and the minutes of this meeting shall so reflect the presentation of the Eng
Report.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbz
Council, held on the 6th day of JUNE , 1995 by the following \
wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
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EXHIBIT 5 0 0
RESOLUTION NO. 95-143
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 TWO PUBLIC
HEARINGS THEREON
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORN
previously formed a special maintenance district pursuant to the terms of the Land!
and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Cod
State of California, said special maintenance district known and designated as !
LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the Main
District); and,
WHEREAS, at this time the City Council is desirous to take proceedings tc
for the annual levy of assessments for the next ensuing fiscal year to provide far t
and expenses necessary to pay for the maintenance of the improvements w
Maintenance District; and,
WHEREAS, there has been presented and approved by this City Cc
Engineer’s Report, as required by law, and this Crty Council is desirous of contin
the proceedings for said annual levy; and
WHEREAS, the improvements to be maintained shall consist of all
designated and authorized improvements, as well as certain new and
improvements.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
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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 co
expenses for the maintenance and/or servicing of the improvements for the above refe
Maintenance District, said improvements generally described as follows:
The maintenance of certain street lighting improvements, street trees and
landscaping improvements, as set forth and described in the Engineer’s Report.
The proposed new improvements to be maintained and serviced caused g
by new development are described as follows:
The maintenance of certain additional street lighting improvements and ac
landscaping improvements, including street trees and median landscaping improven
as set forth and described in the Engineer’s Report, which is hereby ordered to be
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 p
within the boundaries of said Maintenance District, which Maintenance District the I(
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1 body previously declared to be the area benefited by said works of improvemenl
i particulars, reference is made to the boundary map as previously approved by this I
body, a copy of which is on file in the office of the City Clerk and open for public in
and is designated by the name of this Maintenance District.
REPORT OF ENGINEER
SECTION 4. A. That the Report of the Engineer, as preliminarily appro\
legislative body, is on file with the City Clerk and open for public inspection. Re
made to said Report for a full and detailed description of the improvements to be TT
the boundaries of the Maintenance District and any zones therein, and the
assessments upon assessable lots and parcels of land within the Maintenance I:
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B. Annual assessment Jncreases will bti caused by rkam3 ~f iner
in the costs of labor, materials and utility cost increases as applied to energy rates and
fees. Assessments can be annually modified and increased to reflect an annual modifi
in the cost of labor and materials based upon the Consumer Price Index, San Die
published by the Department of Labor as computed for the first index in March of eac
with additional modifications for related energy and water rate increases.
C. All Median Maintenance Zone benefit assessments and less thar
Street Llghting Zone benefit assessments are projected to be increased in Fiscal Yea
1996. (For details see the Engineer's Report.)
PUBLIC HEARING
SECTION 5. NOTICE IS HEREBY GIVEN THAT TWO PUBLIC HEARINC
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 27, 1995
B. SECOND PUBLIC HEARING: AUGUST 1, 1995
AT THAT TIME THIS LEGISLATIVE BODY WILL HEAR PROTES
OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS AND
, OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO V
OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE A V
PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE SECOND
HEARING.
ASSESSMENT THAT IS INCREASED FROM THE PREVIOUS YEAR, THE PRI
INCREASE IN THE ASSESSMENTS SHALL BE ABANDONED. A MAJORITY F
EXISTS IF, UPON THE CONCLUSION OF THE HEARING, WRl7TEN PROTESTS FI
NOT WITHDRAWN, REPRESENT PROPERW OWNERS OWNING MORE THAN 50:
IF THERE IS A MAJORITY PROTEST AGAINST THE LEVY OF AN
ASSESSABLE AREA OF LAND WITHIN THE PROPOSED DISTRICT.
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NOTICE
SECTION 6. That the City Clerk is hereby authorized and directed to give
as required by law by causing the joint notice of both Public Hearings to be accoml
by placing a display advertisement of at least one-eighth page in the Blade-Citize
period of three weeks. The first Public Hearing shall take place no earlier than ten (1 (
after the first publication of the notice.
PROCEEDINGS INQUIRIES/PROTESTS
SECTION 8, For any and all information relating to these proceedings, in
information relating to protest procedure, your attention is directed to the person des
below:
VIRGINIA McCQY
ADMINISTRATIVE COORDINATOR SPECIAL DISTRICTS
COMMUNITY SERVICES DEPARTMENT
CITY OF CARLSBAD
TELEPHONE: 61 9/434-2941
Wriien protests by owners of property within the Maintenance District IT
said protest to the following address:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VIUAGE DRIVE
CARLSBAD, CA
PASSED, APPROVED AND ADOPTED by the City Council of the City of ( 19
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at its regular meeting held on the 6th day of JUNE , 1995, by the follow
to wit:
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AYES: Council Members Lewis , Nygaard,
NOES: None
ABSENT: None
ATTEST:
RANZ, City Clerk
(sEAL) KAREN R. KUNDTZ, Assistant City Clerk
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