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HomeMy WebLinkAbout1995-06-06; City Council; 13167; STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1: PROCEEDINGS SCHEDULE FOR FISCAL YEAR 1995-96? - z 2 0 a $ z 0 z & ’,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 f PAGEZOFAB# i !p1(€-7 0 + 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 (: e 0 - 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 I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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. I l8 19 2o 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 22 1 23 24 25 26 27 28 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 c c J 2. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I' 18 19 2o 21 22 23 24 25 26 27 28 0 0 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. /// //I I// f/l //I ! 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. 0 0 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 0 0 . 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, e e - 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. - 0 0 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. - e e 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. - PACIFIC OCEAN 000000 mzzj STREET LIGHT MAINTENANCE BENEFIT ZONES 1-1 STREET LIGHTING NON-BENEFITING PARCELS LIGHTING AND LANDSCAPING DISTRICT N( ATTAI c 0 0 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. - 0 0 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 .17 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. r 0 0 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 - a e 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. ? NO SC PACIFIC OCEAN ..................... ......................................... .................... ..................... .................... LANDSCAPE MEDIAN LOCATIONS .-..--_1-.. .*- E--I LANDSCAPE MEDIAN BENEFITING PARCELS LIGHTING AND LANDSCAPING DISTRICT NC ATTACI 1 FY 95-96 Ir 1 2 3 4 5 6 7 8 9 lo I' 12 13 14 15 16 3.7 18 19 20 21 22 23 24 25 26 27 28 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. ill i L. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0 0 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: * c I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 l8 19 20 21 22 23 24 25 26 27 28 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. /fl Ill % .\ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 a 0 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( 18 19 20 Xi. 22 23 24 25 26 27 28 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: - e q I f L 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 i 0 e 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. 8 1 I L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? e e 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 l8 20 21 22 23 24 25 26 27 28 at its regular meeting held on the 6th day of JUNE , 1995, by the follow to wit: I AYES: Council Members Lewis , Nygaard, NOES: None ABSENT: None ATTEST: RANZ, City Clerk (sEAL) KAREN R. KUNDTZ, Assistant City Clerk 5j r