HomeMy WebLinkAbout1996-06-04; City Council; 13680; STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1: PROCEEDINGS SCHEDULE FOR FISCAL YEAR 1996-97RECOMMENDED ACTION:
1. Adopt Resolution No. 9b - 19 initiating proceedings and ordering the preparation
2. Adopt Resolution No. 96- 19 9 approving the Engineer’s Report.
3. Adopt Resolution No. 96 -&@ setting two public hearings for June 18, 1996 and
of an Engineer’s Report for a Special Maintenance District.
July 23, 1996.
ITEM EXPLANATION:
The purpose of this agenda bill is to request Council’s approval of three resolutions necessary
to begin processing the City’s Street Lighting & Landscaping District No. 1 for Fiscal Year 1996-
97 in compliance with the procedures of the California Streets and Highways Code.
TwoppKLk hearings are required each year. At the first public hearing (June 18, 1996) the
Communtty Services Department staff will present a comprehensive report describing the
maintenance and operation procedures of the District as introduced in the attached Engineer’s
Report. At the second public hearing (July 23, 1996) staff will recapitulate the Engineer’s Report
and request Council to approve the assessment schedule for Fiscal Year 1996-1997.
BACKGROUND:
In 1983 the City of Carlsbad Street Lighting & Landscaping District was formed as a city-wide
district according to the provisions of the California Streets and Highways Code, known as the
Landscaping & Lighting Act of 1972. Since the District’s formation, the cost of operating and
maintaining the City’s street lighting system has been funded through assessments from each
parcel in the City, based on direct benefit. The Street Lighting Zone is identified as a city-wide
zone formed with the intent for all assessable parcels within the City to pay benefiting
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 district.
The two zones formed were a Street Tree Maintenance Benefii Zone, and a Median Maintenance
Benefii Zone.
The Street Tree Maintenance Zone is not a city-wide zone. This Maintenance Zone includes only
the properties within the City in which street trees exist within the public right-of-way areas. The
maintenance program provides a programmed schedule of tree trimming, treatment of damaged
trees, and emergency response to fallen trees within the public right-of-way. The Median
Maintenance Zone funds for the cost of maintaining the street medians located throughout the
City. This Maintenance Zone includes plant and tree maintenance care and structural
replacement of the medians when necessary. The Median Maintenance Zone is a city-wide zone
with City parcels paying assessments based on degree of benefit.
FISCAL YEAR 1996-97 ASSESSMENT DISTRICT PROCESSING
The Street Lighting Zone formula is proposed to be adjusted for FY 1996-97 pending City Council
approval. The adjustment is a result of a complete field audit of all street lights, identifying actual
cost of operations within similar land use areas, to equalize assessments within each area and
eliminate discrepancies. The proposed formula, as detailed in the Engineer’s Report, reduces
PAGE2OFAB# /?, LC!?~
the number of segregated benefit assessments from 137 codes to eight codes, and provides
assessment staff with a consistent formula base for adding newly developed parcels in the
future. If the formula is approved by Council as presented, increases and decreases within the
Street Lighting Zone assessments for FY 1996-97 will vary among individual parcels, due to the
adjusted formula producing a more equitable system of assessments.
The Street Tree Maintenance Zone individual assessments increased by 1% for FY 1995-96,
due to an increase in standard costs of labor and materials, as referenced in the Consumer Price
Index, San Diego, published by the Department of Labor.
The Median Maintenance Zone individual assessments will remain the same as for FY 1995-96
due to new growth adding sufficient benefiting parcels to equalize the Consumer Price Index
increase impact.
AH benefiting assessor parcels new to the tax rolls for FY 1996-97 will be assessed with the
same formula base as existing parcels.
The attached resolutions and Engineer‘s Report contain a complete description of work
performed, and projected budget costs for the Lighting and Landscaping Maintenance programs.
FISCAL IMPACT:
The Fiscal Year 1996-97 Street Lighting and Landsca ing No. 1 bud et totals are pro’ected to be $1,613,168, or $12,122 less than the adopted bu8get for FY 19%5-I996 primarily due to a decrease in capital outlay expenditures in the median maintenance budget.
The City’s General Fund will contribute $94,140 to the Assessment District programs: $28,000 to
the Street Lighting Zone for street light benefits for City-owned parcels which are exempt from
assessment collection per the State Code, and $66,140 to the Tree Trimming Maintenance Zone
for staff time and equipment spent on maintaining City parks and Hosp Grove which, by policy,
are not considered part of the zone program.
Street Tree Maintenance Zone assessments will increase by 1% in FY 1996-97, the Median
Maintenance Zone assessments will remain the same as last fiscal year, and Street Lighting
Zone assessments will show increases and decreases due to the adjustment of the formula.
As shown in the following tables, a typical single family residential parcel which benefits from
street lighting, street tree maintenance and median maintenance would have an anticipated assessment of $70.48 for Fiscal Year 1996-97, compared to $73.10 for FY 1995-1996.
BUDGET SUMMARY
II BENEFIT ZONE 1 Adopted 1995-96 I Budget 1996-97 I Dollar Change 11
Street Light Maintenance
- $19,775 $360,605 $380,380 Median Maintenance
+ $8,388 $539,678 $531,290 Street Tree Maintenance
-$735 $712,885 $71 3,620
TOTAL $1,625,290 $1,613,168 -$I 2,122
i=
PAGE 3 OF AB#
P
ASSESSMENT SUMMARY FOR THE AVERAGE
SINGLE FAMILY PARCEL
BENEFIT ZONE Average Assessment Change in Average Average Assessment
FY 1995-96 FY 1996-97 Assessments
Street Light Maintenance I $ 29.02 I *$26.04 I - $2.96
Street Tree Maintenance
-0- $ 8.34 $ 8.34 Median Maintenance
+ $ 0.36 $ 36.10 $35.74
~ ~~~ ~~
TOTAL I $ 73.10 I $ 70.48 I - $2.62
Assessment rate represents a single family residence within a code with largest number of single famil
resident parcels.
EXHIBITS:
1. Order of Procedure
2. Resolution No. ?e2 - Iqg ordering the preparation of an Engineer’s Report
3. Engineer’s Report
4. Resolution No. 96- approving the Engineer’s Report
5. Resolution No.%-200 setting two public hearings for June 18, 1996 and July 23,1996.
EXHIBIT 1
ORDER OF PROCEDURE
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
DATE OF MEETING: June 4, 1996
CITY COUNCIL: Adopt RESOLUTION INITIATING PROCEEDINGS AND
ORDERING THE PREPARATION OF AN ENGINEER’S
REPORT.
Adopt RESOLUTION APPROVING ENGINEERS REPORT.
Adopt RESOLUTION SETTING TWO PUBLIC HEARINGS.
DATES OF PUBLIC
HEARINGS:
FIRST: June 18, 1996
SECOND: July 23, 1996
!.
i
*
1
2
3
4
5
E
7
E
9
IC
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
RESOLUTION NO. 9 6 - 19 8
RESOLUTION OF THE CITY COUNCIL OF THE CIN OF
CARLSBAD, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE ANNUAL LEVY OF ASSESSMENTS AND
ORDERING THE PREPARATION OF AN ENGINEER’S
REPORT FOR A SPECIAL MAINTENANCE DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA has
previously formed a special maintenance district pursuant to the terms of the Landscaping
and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code of the
State of California, said special maintenance district known and designated as STREET
LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the Maintenance
District); and,
WHEREAS, the City Council wishes to take proceedings to provide for the annual levy
of assessments for the next ensuing fiscal year to provide for the annual costs for
maintenance of improvements defined as existing street lighting, median landscaping and
street trees, within the Maintenance District.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are true and correct.
DECLARATION OF INTENTION
SECTION 2. That the public interest and convenience requires, and it is the intention of this
legislative body to levy and collect assessments to pay the annual costs and expenses for
the maintenance and/or servicing of the improvements for the above referenced Maintenance
District, said improvements generally described as follows:
The maintenance of certain street lighting improvements, street trees and median landscaping
improvements, as set forth and described in the Engineer’s Report. The proposed new
improvements to be maintained and serviced caused generally by new development are
described as follows:
The maintenance of certain additional street lighting improvements and additional
landscaping improvements, including replacement of street trees and median landscaping
improvements, all as set forth and described in the Engineer’s Report, which is hereby
ordered to be kept on file and open for public inspection in the Office of the City Clerk.
I -
t-
L
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
REPORT OF ENGINEER
SECTION 3. That this improvement is hereby referred to the Administrative Services/Projects
Manager, Community Services Department who is hereby directed to make and file the
Report generally containing the following:
A. Plans and specification describing the general nature, location and extent of the
improvements;
B. An estimate of the cost of the maintenance and/or servicing of the improvements for
the Maintenance District for the referenced fiscal year;
C. A diagram for the Maintenance District, showing the area and properties proposed to
be assessed;
D. An assessment of the estimated costs of the maintenance and/or servicing, assessing
the net amount upon all assessable lots and/or parcels within the Maintenance District in
proportion to the benefits received.
That upon completion of the preparation of said Report, the original shall be filed with the
City Clerk, who shall then submit the same to this legislative body for its immediate review
and consideration.
FISCAL YEAR
SECTION 4. That the above Report shall include all costs and expenses of said maintenance
and/or servicing relating to the fiscal year commencing July 1, 1996 and ending June 30,
1997.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 4th day of JUNE , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Council Member Finnila
ATTEST:
G
L EXHIBIT 3
ENGINEER'S REPORT
AGENCY: CITY OF CARLSBAD
PROJECT: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
ENGINEER'S REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972"
WHEREAS, this City Council has previously formed STREET LIGHTING AND LANDSCAPING
DISTRICT NO. 1 (hereinafter referred to as the District) and has levied assessments within the
District for prior fiscal years, all pursuant to the Landscaping and Lighting Act of 1972, being
Division 15, Part 2 of the Streets and Highways Code of the State of California, commencing with
Section 22500 (hereinafter referred to as the Act); and
WHEREAS, this City Council has previously adopted a Resolution ordering the preparation and
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 and
specification for the maintenance of the improvements, an estimate of the costs of maintenance,
a diagram of the District, and an assessment roll containing a'spread of the estimated costs of
maintenance within the District, all as required by the Act and as previously ordered by this City
Council.
NOW THEREFORE, pursuant to the direction from this City Council, this Report is hereby
submitted to this City Council pursuant to the provisions of the Act. This Report is applicable for
the fiscal vear commencing July 1 , 1996 to June 30, 1997 (hereinafter referred to as the Fiscal
Year). This report is prepared in 2 parts (Street Lighting and Landscaping), each of which
consists of the following 3 sub-parts:
Part 9.
Part II.
Part 111.
PLANS AND SPECIFICATIONS for the maintenance and/or servicing of the
improvements during the Fiscal Year. The plans and specifications show and
describe the general nature, location and extent of the existing and proposed
improvements to be maintained and/or serviced during the Fiscal Year. 'The
plans and specifications also indicate the class and type of improvements to be
maintained and/or serviced for each zone within the District.
A DIAGRAM of the District. The Diagram shows the exterior boundaries of the
District, the boundaries of any zones within the District, and the lines and
dimensions of each lot or parcel within the District. Each parcel is identified by
a distinctive number or letter. The lines and dimensions of each lot conform to
those shown on the County Assessor's map for Fiscal Year.
AN ESTIMATE OF COSTS AND AN ASSESSMENT SCHEDULE showing the net
amount to be assessed upon assessable lands within the District, describing
each assessable lot or parcel within the District by reference to the Parcel
numbers contained on the County Assessment Roll, and assessing the net
amount upon all assessable lots or parcels by apportioning the net amount
among the several accessible lots or parcels in proportion to the benefits to be
received by each lot or parcel.
Annual assessment increases will be caused by reasons of increases in the
costs of labor, materials and utility cost increases as applied to energy rates
and water fees. Assessments can be annually modified and increased to reflect
an annual modification in the cost of labor and materials based upon the
Consumer Price Index, San Diego, as published by the Department of Labor as
computed for the first Index in March of each year with additional modifications
for related energy and water rate increases.
All lots and parcels of land known as public property, as defined under Section
22663 of the Act, have been omitted and are exempt from any assessment under
these proceedings.
Executed this 2- 2 day of , 1996 at /-/cbbd LA#.
.
DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED
The improvements to be maintained and serviced are generally described as street lighting, street
trees and landscaped and hardscaped street medians as caused by new development and City
improvement projects, all as set forth and described in this Engineer’s Report.
New development has added 108 street lights to be included in the City’s Fiscal Year 1996-97
maintenance inventory.
The City’s street tree inventory remains constant at approximately 21,000 trees, with the exception
of replacement of damaged trees. New development improvements do not include trees in
public street right-of-way areas.
The additional street median area to be maintained in Fiscal Year 1996-97 is 3.14 acres due to
the addition of median improvements to portions of El Camino Real, Palomar Airport Road and
Cannon Road.
All Street Tree Benefit Zone assessments are projected to be increased by 1%; Street Median
Benefit Zones are projected to remain the same as the previous fiscal year, and adjustments to
the Street Lighting Benefit Zone formula, as detailed in the Engineer’s Report, are projected to
increase 54% of the zone assessments, which includes new parcels added this year. This leaves
1% of the assessment parcels at the same rate as the last fiscal year, while 45% will decrease.
L
-
STREET LIGHTING
Pursuant to direction from the City Council, submitted herewith is the "Report", consisting of the
following documents pursuant to the provisions of Division 15, Part 2, of the Streets and
Highways Code of the State of California, and specifically Section 22500 et.seq., the Landscaping
and Lighting Act.of 1972.
PART 1. PLANS AND SPECIFICATION
The plans and specifications for the maintenance and/or servicing of the street lighting
improvements during the Fiscal Year are on file in the office of the Assessment District
Administrator, available for public inspection, and incorporated herein by this reference as though
set forth- in full. Said plans and specifications show and describe the general nature, location and
extent of the existing and proposed improvements to be maintained and/or serviced during the
Fiscal Year. The plans and specifications also indicate the class and type of improvements to
be maintained and/or serviced for each zone within the District.
PART II. DIAGRAM
A diagram of the Street Lighting District. Said diagram shall show the exterior boundaries of the
Street Lighting District, the boundaries of any zones within the Street Lighting District, the lines
and dimensions of each lot or parcel within said Street Lighting District and each parcel shall be
identified by a distinctive number or letter. The lines and dimension of each lot shall be identified
by a distinctive number or letter. The lines and dimension of each lot shall conform to those
shown on the County Assessor's map for the fiscal year to which the Report applies. A simplified
diagram is attached as Attachment A. A detailed diagram is maintained in the office of the
Assessment District Administrator and is available for public inspection.
METHOD AND FORMULA FOR ASSESSMENT SPREAD
FOR STREET LIGHTING
Within the City wide Street Lighting Assessment boundaries are the following two zones:
Zone 1 - City owned and maintained street lights
Zone 2 - Undeveloped property - non-benefiting, not assessed
Zone 1 consists of the following sub-codes and their benefit spread formulas:
CODE AI * Street lights at intersections only (residential)
CODE B1* Street lights at intersections and mid-block (residential)
CODE C1* Street light spacing at current City engineering standards (residential)
CODE Dl* City owned street lights on surrounding streets, private lighting within
development (single family residential, only adjacent City lights will be
calculated for code assessment cost)
CODE E2** Street light spacing at current City standard, condos and apartment buildings,
ten units and above
CODE F2** Street light spacing at current City standard, commercial and industrial parcels.
CODE G2** Special lighting and spacing standard, downtown redevelopment area
CODE Hl*** Street light spacing at current City standard, time shares only
* Assessment is based on equal shares of cost of maintenance and operation of total lights
within each code.
** Assessment is based on share of cost of maintenance and operation of total lights as
formulated by front footage percentage of each parcel in relation to total footage within
each code.
*** Flat rate per unit
PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE
July 1, 1996 through June 30, 1997
STREET LIGHTING
COST OF MAINTENANCE SERVICE
A. Energy $235,000 B. Personnel 218,300
C. Operations 256,835
D. Capital Outlay 2.750
Subtotal $71 2,885
For services to other departments
City contributions
From fund balance
$25,500 28,000
100,981
Subtotal $1 54,481
BALANCE TO ASSESSMENT $558,404
Detail contained by FY 1996-97 proposed budget -- Fund 161-6210
A complete assessment roll detailing the street lighting benefit assessment for each City parcel is on file at the Community Services Department, 405 Oak Avenue, Carlsbad.
PACIFIC OCEAN
\
NO SCALE
STREET LIGHT MAINTENANCE BENEFIT ZONES
STREET LIGHTING NON-BENEFITING PARCELS
LIGHTING AND LANDSCAPING DISTRICT NO. 1
FY 1996 = 1997
r
LANDSCAPING
PART 1. PLANS AND SPECIFICATIONS
The plans and specifications for the maintenance and/or servicing of the Street Tree and Street
Median Improvements during the Fiscal Year are on file in the office of the Assessment District
Administrator, and are available for public inspection, and incorporated herein by this reference
as though set forth in full. Said plans and specifications show and describe the general nature,
location and extent of the existing and proposed improvements to be maintained and/or serviced
during the Fiscal Year. The plans and specifications also indicate the class and type of
improvements to be maintained and/or serviced for each zone within the District.
PART I I. Dl AG RAM
A diagram of the Landscaping District. Said diagram shall show the exterior boundaries of the
District, the boundaries of the Tree and Landscaping zones within the District, the lines and
dimensions of each lot or parcel within saWbndscaping District and each parcel shall be
identified by a distinctive number or letter. The lines and dimensions of each lot shall conform
to those shown on the County Assessor’s map for the fiscal year to which the Report applies.
Simplified diagrams are attached as Attachments B and C. A detailed diagram is maintained in
the office of the Assessment District Administrator.
T *
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/or
property line in the areas indicated in Exhibit B. Each property receives approximately the
same benefit. Therefore, staff established a benefit formula in which each parcel is given an
equivalent dwelling unit (EDU) based on the average size of a single family residential lot in
the City of Carlsbad (7,500 square feet or .17 acres). Thus, each single family parcel is given
an EDU of 1 .O, while most other parcels are given an EDU based on the following formula:
Acreaae = EDU
.17
MEDIAN LANDSCAPE MAINTENANCE
This service generally benefits all parcels and residents in the City. Accordingly, all parcels
share in the cost. However, parcels which front upon streets which receive median landscape
maintenance services generally receive more benefit from landscape median improvements
than other parcels. Thus, all parcels in the City share in the cost of median landscape
maintenance using the same EDU formula proposed for Street Tree Maintenance and those
parcels which front on streets with landscaped medians are assessed twice the amount of
other parcels not fronting on the median streets.
These formulas were approved by City Council at the June 6, 198% regular meeting.
PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE
July 1, 1996 through June 30, 1997
TREES
COST OF MAINTENANCE SERVICE
A. Personnel
B. Maintenance & Operation
C. Capital Outlay
Subtotal
City contributions
From fund balance (interest)
Subtotal
$31 6,980
222,698
0
$ 539,678
$66,140
15,538
($81,678)
BALANCE TO ASSESSMENT $ 458,000
Detail contained in FY 1996-97 approved budget -- Fund 161-4122
A complete assessment roll detailing-the tree trimming benefit assessment for each City parcel
is on file at the Community Services Department, 405 Oak Avenue, Carlsbad.
TREE TRIMMING BENEFITING PARCELS
1 I TREE TRIMMING NON-BENEFITING PARCELS
NO SCALE
LIGHTING AND LANDSCAPING DISTRICT NO. I
FY 1996 - 1997
EXIIIBIT "13"
PART 111. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE
July 1, 1996 through June 30, 1997
MEDIANS
COST OF MAINTENANCE SERVICE
A. Personnel
B. Maintenance & Operation
C. Capital Outlay D. *Reserve Funds
$136,710
223,895
-0-
39,795
Subtotal $400,400
From fund balance $ 0
City contributions 0
Subtotal $ 0
BALANCE TO ASSESSMENT $40Q,400
Detail contained in FY 1996-97 approved budget -- Fund 161-4123
A complete assessment roll detailing the median maintenance assessment for each City parcel is
on file at the Community Services Department, 405 Oak Avenue, City of Carlsbad.
* To cover parcels to be declared non-assessable during FY 1996-97.
.".. .f..~I.._____ " ......-. ;;:;;: ..*.......*.*." 7 .-..*-.-...- ..<-.A i..... - ..... - ......... 7.. LANDSCAPE MEDIAN LOCATIONS
r)* K-.,.x LANDSCAPE MEDIAN BENEFITING PARCELS
LIGHTING AND LANDSCAPING DISTRICT NO. 1
FY 1996 - 1997
EXHIBIT "C" 14
5 -
?
t ..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RES0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER'S
REPORTFOR THE PROCEEDINGS FOR THE ANNUAL LEVY
OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE
DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant
to the terms of the Landscaping and Lighting Act of 1972, being Division 15, Part 2 of the
Streets and Highways Code of the State of California, did by previous resolution initiate
proceedings and ordered the preparation of an Engineer's Report for the annual levy of
assessments within a special maintenance district, said special maintenance district known
and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter
referred to as the Maintenance District); and,
WHEREAS, there has now been presented to this City Council the Report as required
by said Division 15 of the Streets and Highways Code and as previously directed by
resolution; and,
WHEREAS, this City Council has now carefully examined and reviewed the Report as
presented, and is satisfied with each and all of the items and documents as set forth therein,
and is satisfied that the assessments, on a preliminary basis, have been spread in
accordance with the benefits received from the improvements to be maintained, as set forth
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 extent of the improvements to be maintained.
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
I€
1s
2c
21
22
22
24
25
2€
27
2€
8. Estimate of cost, including the amount of the annual
installment for the forthcoming fiscal year.
C. Diagram of the Maintenance District.
D. Assessment of the estimated cost.
Said Report, as presented, is hereby approved on a preliminary basis, and is ordered to be
filed in the Office of the City Clerk as a permanent record and to remain open to public
inspection.
SECTION 3. That the City Clerk shall certity to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the presentation of the
Engineer’s Report.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council, held on the 4th day of JUNE , 1996 by the following vote, to
wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Council Member Fi
ATTEST:
(%LzM?- ALETHA L. RAUTENKRANZ, City CIe&
i. -
I"
I-
*
1
2
2
4
5
E
7
e
9
IC
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 96-200
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 SEmNG A TIME AND PLACE FOR lW0
PUBLIC HEARINGS THEREON
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has
previously formed a special maintenance district pursuant to the terms of the Landscaping
and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code of the
State of California, said special maintenance district known and designated as STREET
LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the Maintenance
District); and,
WHEREAS, at this time the City Council is desirous to take proceedings to provide for
the annual levy of assessments for the next ensuing fiscal year to provide for the costs and
expenses necessary to pay for the maintenance of the improvements within the Maintenance
District; and,
WHEREAS, there has been presented and approved by this City Council the
Engineer's Report, as required by law, and this City Council is desirous of continuing with
the proceedings for said annual levy; and
WHEREAS, the improvements to be maintained shall consist of all originally
designated and authorized improvements, as well as certain new and additional
improvements.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
DECLARATION OF INTENTION
SECTION 2. That the public interest and convenience requires, and it is the intention of this
legislative body to levy and collect assessments to pay the annual costs and expenses for
4
-. 4
4
r)
1
2
2
4
5
6
7
E
S
1c
I1
12
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the maintenance and/or servicing of the improvements for the above referenced Maintenance
District, said improvements generally described as follows:
The maintenance of certain street lighting improvements, street trees and median
landscaping improvements, as set forth and described in the Engineer’s Report.
The proposed new improvements to be maintained and serviced caused generally by
new development are described as follows:
The maintenance of certain additional street lighting improvements and additional
landscaping improvements, including replacement of street trees and median
landscaping improvements, all as set forth and described in the Engineer’s Report,
which is hereby ordered to be kept on 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 properties within the
boundaries of said Maintenance District, which Maintenance District the legislative body
previously declared to be the area benefited by said works of improvement, and for
particulars, reference is made to the boundary map as previously approved by this legislative
body, a copy of which is on file in the office of the City Clerk and open for public inspection,
and is designated by the name of this Maintenance District.
REPORT OF ENGINEER
SECTION 4.
A. That the Report of the Engineer, as preliminarily approved by this legislative body,
is on file with the City Clerk and open for public inspection. Reference is made to
said Report for a full and detailed description of the improvements to be maintained,
the boundaries of the Maintenance District and any zones therein, and the proposed
assessments upon assessable lots and parcels of land within the Maintenance District.
6. Annual assessment increases will be caused by reasons of increases in the costs
of labor, materials and utility cost increases as applied to energy rates and water fees.
Assessments can be annually modified and increased to reflect an annual modification
in the cost of labor and materials based upon the Consumer Price Index, San Diego,
as published by the Oepartment of Labor as computed for the first index in March of
each year with additional modifications for related energy and water rate increases.
C. All Street Tree Benefit Zone assessments are projected to be increased by 1%;
Street Median Benefii Zones are projected to remain the same as the previous fiscal
year, and revision of the Street Lighting Benefii Zone budget, as detailed in the
Engineer's Report, is projected to increase 54% (includes new parcels added this
year) of the zone assessments, leaving 1 % at the same rate as the last fiscal year, and
decreasing 45% of the assessments.
PUBLIC HEARING
SECTION 5. Notice is hereby given that two public hearings are hereby scheduled in the
regular meeting place of the City Council, being the Council Chambers, City Hall, on the
following dates and times:
A. First public hearing: June 18, 1996 at 6:OO p.m.
6. Second public hearing: July 23, 1996 at 6:OO p.m.
At that time this legislative body will hear protests or objections in reference to the annual levy
of assessments and to any other matters contained in this resolution. Any persons who wish
to object to the proceedings or the annual levy should file a written protest with the City Clerk
prior to the time set for the second public hearing. If there is a majority protest against the
levy of an annual assessment that is increased from the previous year, the proposed increase
in the assessments shall be abandoned. A majorlty protest exists if, upon the conclusion of
the hearing, written protests filed and not withdrawn, represent property owners owning more
than 50% of the assessable area of land within the proposed district.
t
* .q c
:I)
5 -
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE
SECTION 6. That the City Clerk is hereby authorized and directed to give notice as required
by law by causing the joint notice of both public hearings to be accomplished by placing a
display advertisement of at least one-eighth page in the North Countv Times for a period of
three weeks. The first public hearing shall take place no earlier than ten (10) days after the
first publication of the notice.
PROCEEDINGS lNQUlRIES/PROTESTS
SECTION 7. For any and all information relating to these proceedings, including information
relating to protest procedure, your attention is directed to the person designated below:
VIRGINIA McCOY
COMMUNITY SERVICES DEPARTMENT
CITY OF CARLSBAD
TELEPHONE: 61 9/434-2941
ADMINISTRATIVE COORDINATOR - SPECIAL DISTRICTS
Owners of property within the Maintenance District may mail written protests 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 Carlsbad at
its regular meeting held on the 4th day of JUNE , 1996, by the following vote,
to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Council Member Finnila
ATTEST: n
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)