HomeMy WebLinkAbout2014-05-20; City Council; Resolution 2014-089Exhibit 4
1 RESOLUTION NO. 2014-089
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 A SPECIAL
ASSESSMENT DISTRICT, AND SETTING A TIME AND
5 PLACE FOR A PUBLIC HEARING THEREON
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WHEREAS, the City Council of the City of Carlsbad, California, has previously
formed a special assessment district pursuant to the terms of the Landscaping and
Lighting Act of 1972, (Division 15, Part 2 of the State Streets and Highways Code,
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.JQ commencing with Section 22500), said special assessment district known and designated
11 as Street Lighting and Landscaping District No. 2 (hereinafter referred to as the
12 "Assessment District"); and
13 WHEREAS, the Assessment District is an existing assessment district in which
^4 assessments are not proposed to be increased as defined by Article XIIID ofthe California
Constitution (Proposition 218) and the Proposition 218 Omnibus Implementation Act, and
is exempt from the procedures and requirements of all assessments under California
Constitution Article XIIID § 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
21 improvements within the Assessment District; 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.
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Exhibit 4
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 public interest and convenience requires, and it is the
intention of the City Council to levy and collect assessments to pay the annual costs and
expenses for the maintenance and/or servicing of the improvements for the Assessment
District, the improvements generally described as follows:
The maintenance of certain street lighting improvements, street trees, and median
10 landscaping improvements, as set forth and described in the Report.
11 The proposed new improvements to be maintained and serviced caused generally
12 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 Report, which is hereby ordered to be
kept on file and open for public inspection in the Office of the City Clerk.
BOUNDARIES OF ASSESSMENT DISTRICT
SECTION 3. That said improvements are of direct benefit to the properties within
20 the boundaries of the Assessment District, which Assessment District the legislative body
21 previously declared to be the area benefited by the improvement, and for particulars,
22 reference is made to the boundary map as previously approved by the City Council, a
23 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 Assessment District.
REPORT OF ENGINEER
SECTION 4.
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Exhibit 4
1 A. That the Report, as preliminarily approved by this legislative body, is on file
2 with the City Clerk and open for public inspection. Reference is made to the Report for a
full and detailed description ofthe improvements to be maintained, the boundaries ofthe
Assessment District and any zones therein, and the proposed assessments upon
assessable lots and parcels of land within the Assessment District.
B. The Assessment District is an existing assessment district in which
assessments are not proposed to be increased as defined by Article XIIID ofthe California
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g Constitution (Proposition 218) and the Proposition 218 Omnibus Implementation Act.
10 PUBLIC HEARING
11 SECTION 5. Notice is hereby given that a public hearing is scheduled in the
12 regular meeting place of the City Council, being the Council Chambers, City Hall, on the
''^ following date and time:
Tuesday, June 24, 2014, at 6:00 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 public hearing. If there is a majority
20 protest against the levy of an annual assessment that is increased from the previous year,
21 the proposed increase in the assessments shall be abandoned. A majority protest exists
22 if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent
23 property owners owning more than 50% of the assessable area of land within the District.
NOTICE
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SECTION 6. 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
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Exhibit 4
1 of general circulation within the City of Carlsbad, said publication to be completed not less
2 than ten (10) days prior to the date set for the public hearing.
^ PROCEEDINGS INQUIRIES/PROTESTS
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SECTION 7. For any and all information relating to these proceedings, including
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information relating to protest procedure, your attention is directed to the person
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designated below:
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DENNIS A. ANDERSON
^ ASSESSMENT ENGINEER
g HARRIS & ASSOCIATES
TELEPHONE: (800) 827-4901 EXT. 2334
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11 Owners of property within the Assessment District may mail written protests to the
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CITY CLERK
15 CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
16 CARLSBAD, CA 92008
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 20th day of May 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
: O O