2010-027 Encinitas Landscape and Lighting District (ELLD)RESOLUTION 2010-27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA DECLARING ITS INTENTION TO ORDER THE RENEWAL OF THE
ENCINITAS LANDSCAPE AND LIGHTING DISTRICT FOR FY2010/2011 AND
SETTING OF A PUBLIC HEARING ON JUNE 239 2010, PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA
WHEREAS, in 1988, the City Council of the City of Encinitas, California formed a
Landscape and Lighting District pursuant to the terms and provisions of the "Landscaping and
Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State
of California, in what is known and designated as:
ENCINITAS LANDSCAPE & LIGHTING DISTRICT
(hereinafter referred to as the "District"); and,
WHEREAS, at this time there has been presented and approved by this City Council, the
preliminary Engineer's Report ("Report") as required by law, and this City Council is desirous of
moving forth with the proceedings for said annual levy; 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 for the continued maintenance of improvements within said District; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Preliminary Report as presented, consists of the following:
A. Plans and Specifications,
B. Estimate of Cost,
C. Diagram of the District, and
D. Assessment of the Estimated cost
SECTION 3. That the Preliminary Report regarding the annual levy for said District which
Report is for operation and maintenance of public street lighting, traffic signals, and landscaping
for the Fiscal Year 2010/2011 is hereby approved and is directed to be filed in the Office of the
City Clerk as a permanent record and to remain open to the public for inspection.
SECTION 4. That the public interest and convenience requires, and it is the intention of this
City Council to order, the annual assessment levy for the District as set forth and described in
said Preliminary Report, and further it is determined to be in the best public interest and
convenience to levy and collect annual assessments to pay the costs and expenses of said
maintenance of improvements as estimated in said Preliminary Report.
SECTION 5. The assessments levied and collected shall be for the maintenance of certain
improvements, as set forth in the Preliminary Report, referenced and so incorporated herein.
SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of
the assessments, and shall collect said assessments at the same time and in the same manner as
County taxes are collected. After collection by the County, the net amount of the assessments,
after the deduction of any compensation due to the County for collection, shall be paid to the
City of Encinitas for purposes of paying for the costs and expenses of said District.
SECTION 7. That all monies collected shall be deposited in a special fund known as:
"ENCINITAS LANDSCAPE & LIGHTING DISTRICT"
Payment shall be made out of said fund only for the purpose provided for in this Resolution, and
in order to expedite the making of this maintenance or improvement, the City Council may
transfer into said special fund, from any available source, such funds as it may deem necessary to
expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments
provided for in this Resolution.
SECTION 8. Said contemplated maintenance and improvement work is, in the opinion of this
City Council, of special and direct benefit to the properties within the boundaries of the City-
wide District, and this City Council makes the costs and expenses of said maintenance and
improvements chargeable upon a District, which District said City Council hereby declares to be
the District benefited by said maintenance and improvements, and to be further assessed to pay
the costs and expenses thereof. Said District shall include each and every parcel of land within
the boundaries. of said District, as said District is shown within said Preliminary Report, as
approved by this City Council and on file in the Office of the City Clerk, and so designated by
the name of the District.
SECTION 9. Any lots of land known as public property and used exclusively in the
performance of a public function, as the same are defined in Section 22663 of Division 15, Part 2
of the Streets and Highways Code of the State of California, which are included within the
boundaries of the District, shall be omitted and exempt from any assessment to be made under
these proceedings to cover any of the costs and expenses of said operation and maintenance
work, unless these properties are located within the boundaries of the Encinitas Ranch Specific
Plan.
SECTION 10. The City Council establishes the following assessments for FY2010/2011:
Zone A (Citywide Street Lighting, Landscaping, and Traffic Signals) = $5.22
Zone B (Localized Residential street lighting) = $9.90
Zone C (Localized Commercial Street lighting) = $2.18
Zone D (Localized Landscaping) = $25.24
Zone E (Localized Landscaping) = $45.00
Zone F (Localized Landscaping) = $10.00 and $1.00
Zone G (Localized Landscaping) = $579.00
Zone H (Localized Lighting, Landscaping, and Traffic Signals) = $100.00
SECTION 11. NOTICE IS HEREBY GIVEN THAT 6:00 PM ON JUNE 23, 2010, AT THE
REGULAR MEETING OF THE ENCINITAS CITY COUNCIL, AT THE CITY COUNCIL
CHAMBERS, 505 S. VULCAN AVENUE, ENCINITAS, CALIFORNIA, IS THE TIME AND
PLACE FIXED BY REFERENCE FOR A PUBLIC HEARING FOR THE ANNUAL LEVY
OF ASSESSMENTS, RESPECTIVELY, TO THE EXTENT OF THE OPERATION AND
MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION.
ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL
LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE
TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.
SECTION 12. That the City Clerk is hereby directed to conduct the majority protest
proceedings required pursuant to Article XIIID, Section 4 of the California Constitution.
SECTION 13. That the Engineering Services Department is hereby authorized and directed to
publish a copy of this Resolution in a newspaper of general circulation within said City, said
publication shall be not less than ten (10) days before the date set for said Public Hearing.
SECTION 14. That this Resolution shall take effect immediately upon adoption.
SECTION 15. For any and all information relating to the proceedings, protest procedure, and
documentation and/or information of a procedural or technical nature, your attention is directed
to the below listed person at the local agency or department so designated:
Sharon Scott, Management Analyst
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
(760) 943-2231
PASSED AND ADOPTED this 9`h day of June, 2010, by the following vote to wit:
AYES: Barth, Bond, Dalager, Houlihan, Stocks.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
tJc D
Dan Dalager, Mayor of e
City of Encinitas, California
, I -V\ (I A--'IA 44~-~
Deborah Cervone, rty Clerk