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HomeMy WebLinkAbout2013-05-28; City Council; 21239; Street Lighting Continuing Public Hearing DateCITY OF CARLSBAD - AGENDA BILL AB# 21,239 STREET LIGHTING AND DEPT. DIRECTOR MTG. 5/28/13 LANDSCAPING DISTRICT NO. 1 AND NO. 2: CONTINUING PUBLIC HEARING DATE CITY ATTORNEY DEPT. FIN LANDSCAPING DISTRICT NO. 1 AND NO. 2: CONTINUING PUBLIC HEARING DATE CITY MANAGER RECOMMENDED ACTION: 2013-121 continuing the public hearing from June 25, 2013 to Adopt Resolution No. _ July 9, 2013 for Lighting and Landscaping Districts No. 1 and No. 2. ITEM EXPLANATION: This agenda bill is requesting Council's approval to continue the public hearing date for the city's Street Lighting and Landscaping District No. 1 and No. 2 for Fiscal Year 2013-14 from June 25, 2013 to July 9, 2013. BACKGROUND: On May 14, 2013, Council approved Agenda Bill 21,225 and Agenda Bill 21,226 which set the public hearing for Street Lighting and Landscaping District No. 1 and No. 2 for Fiscal Year 2013- 14 for June 25, 2013. Staff is recommending continuing the public hearing date from June 25, 2013to July 9, 2013. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: None. EXHIBITS: 1. Resolution No. 2013-121 setting a public hearing for July 9, 2013. DEPARTMENT CONTACT: Roxanne Muhlmeister 760-602-2417 roxanne.muhlmeister@carlsbadca.gov FOR CITY CLERKS USE ONL Y. ^ COUNCIL ACTION: APPROVED J^C. DENIED • CONTINUED • WITHDRAWN • AMENDED • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER - SEE MINUTES • Exhibit 1 1 RESOLUTION NO. 2013-121 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS 3 INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN TWO SPECIAL ASSESSMENT DISTRICTS, AND SETTING 5 A TIME AND PLACE FOR A PUBLIC HEARING THEREON 4 6 7 8 9 10 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, California, has previously formed two special assessment districts pursuant to the terms of the Landscaping and Lighting Act of 1972, (Division 15, Part 2 of the State Streets and Highways Code, commencing with Section 22500), said special assessment districts known and 12 designated as Street Lighting and Landscaping District No. 1 and Street Lighting and 13 Landscaping District No. 2 (hereinafter referred to as the "Assessment Districts"); and WHEREAS, the Assessment Districts are existing assessment districts in which assessments are not proposed to be increased, and are exempt from the procedures and requirements of all assessments under California Constitution Article XlllD § 5 (a); and WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the 15 16 17 18 19 20 2^ improvements within the Assessment Districts; and 22 WHEREAS, there has been presented and approved by this City Council the 23 Engineer's Report (the "Report"), as required by law, and this City Council is desirous of 24 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. Exhibit 1 1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 2 RECITALS SECTION 1. That the above recitals are all true and correct. ^ SECTION 2. That the City Council of the City of Carlsbad, California hereby continues the public hearing previously set on May 14, 2013 through Resolutions 2013- 109 and 2013-112, from June 25, 2013 to July 9, 2013 for Lighting and Landscaping Districts No. 1 and No. 2. SECTION 3. That the public interest and convenience requires, and it is the ^0 intention of the City Council to levy and collect assessments to pay the annual costs and 11 expenses for the maintenance and/or servicing of the improvements for the Assessment 12 Districts, the improvements generally described as follows: ''3 The maintenance of certain street lighting improvements, street trees, and median landscaping improvements, as set forth and described in the 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 14 15 16 17 18 19 20 landscaping improvements, all as set forth and described in the Report, which is hereby 21 ordered to be kept on file and open for public inspection in the Office of the City Clerk 22 PUBLIC HEARING 23 SECTION 3. Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the 25 26 27 28 following date and time: Tuesday, July 9, 2013, at 6:00 p.m. Exhibit 1 1 At that time this legislative body will hear protests or objections in reference to the 2 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 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 majority 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 ^0 the District. 11 NOTICE 12 SECTION 4. That the City Clerk is hereby authorized and directed to give notice ''^ as required by law by causing a copy of this Resolution to be published in a newspaper of general circulation within the City of Carlsbad, said publication to be completed not less than ten (10) days prior to the date set for the public hearing. PROCEEDINGS INQUIRIES/PROTESTS 14 15 16 17 18 19 20 designated below: SECTION 5. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person 21 DENNIS A. ANDERSON ASSESSMENT ENGINEER 22 HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 2334 23 24 25 26 27 28 Exhibit 1 1 Owners of property within the Assessment District may mail written protests to the 2 following address: 2 CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE 5 CARLSBAD, CA 92008 // 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 27 ' 28 " 6 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 28th day of May 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn, Douglas. None. ABSENT: None. BA^ft)B^Gi,ESON,^ty Clerk