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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)