Loading...
HomeMy WebLinkAbout1978-05-16; City Council; 5071-2; Street Lighting Maintenance District No. 1CITY OF CARLSBAD AGENDA BILL NO. sn71 - Supplement Nn. 2 DATE: May 16, 1978 Initial: DEPARTMENT:Public Works C. Atty. C. Mgr. l\ J Subject:STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 1 Statement of the Matter Last year the Council authorized the formation of Street Lighting ":- Maintenance District No. 1 for a five-year period (1977-1982) under the Street Lighting Act of 1919 which contains a proviso for annexa- tion of newly developed areas as they occur. The new areas which occurred this past year are shown on "Map of Lighting District No. 1." (wall exhibit) in orange. To initiate proceedings it is required that Council take action to approve plans and specifications, cost estimate and diagram and de- clare their intent to annex lands to the existing Lighting District Exhibits I. 2...' 3. "Map of Lighting District No. 1" -wall exhibit §, reduction attached. Resolution No. ^r^j3 ordering City Engineer to prepare plans and specifications for the annexation. . Resolution No. <3"V^? V approving the Engineer's report on the annexation. Report of the City Engineer on the annexation (maps on file in the office of the City Engineer) . , . Resolution No. <jr' declaring intention to annex lands to the existing Lighting Maintenance District. Recommendation If Council concurs: (1) adopt Resolution No.ordering the City Engineer to prepare plans and specifications for the annexation; (2) adopt Resolution No . yj-v/^V approving the Engineer's report on the annexation; and (3) adopt Resolution No. i5~V«?^$" declaring an intention to annex lands to the existing Lighting District and setting a time and place for public hearing. AGENDA BILL NO. 5071 - Supplement #2 -2- May 16, 1978 5-16-78 Resolution #5423 was adopted, ordering City Engineer to prepare plans and specifications for annexation. Resolution #5424 was adopted, approving Engineer's report on the annexation. Resolution #5425 was adopted, declaring intention to annex lands to the existing Lighting Maintenance District. RESOLUTION NO. 5423 RESOLUTION OF THE CITY COUNCIL ORDERING THE CITY ENGINEER TO PREPARE PLANS, SPECIFICATIONS, COST' ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1 OF THE STREETS AND HIGHWAYS CODE OF THE STATE , OF CALIFORNIA FOR PROCEEDINGS FOR ANNEXATION OF LANDS TO EXISTING STREET LIGHTING DISTRICT. CITY OF CARLSBAD ' WHEREAS, this City Council has previously initiated and conducted proceedings for the formation of a Street Lighting District in said City under the terms and provisions of the "Street Lighting Act of 1919", being Division 14, Part 1 of the Streets and High- ways Code of the State of California; said street lighting district having been designated as STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "Street Lighting District"); and WHEREAS, at this time the public convenience and necessity requires and it is the intention of this City Council to initiate proceedings to annex certain lands to said previously existing Street Lighting District in order to provide the proceedings for furnishing of energy and the maintenance of street lights in said area proposed to be annexed; and, WHEREAS, said proceedings for the continual maintenance of the areas proposed to be annexed shall be for a period of time no longer than that fixed for the establishment of the existing Street Lighting District, said period ending on the 3Oth day of JUNE, 1982 _; and, WHEREAS, there has been, at this time, submitted to this City Council for its consideration, a "Map" showing the boundaries of the area proposed to be annexed to the existing Street Lighting District, and said Map further shows and describes in general a description of the works of improvement to be maintained under these proceedings, and said description is general in its nature and sufficient to identify the works of improvements in areas proposed to be annexed and to be assessed for said maintenance works; and, WHEREAS, the provisions of said "Street Lighting Act of 1919" re- quire a written "Report" concerning the proposed improvements, maintenance and service relating to the lands to be annexed to the existing Street Lighting District. Said "Report" shall generally consist of the following; 1. Plans and specifications of the area of the works of improvement to be annexed; 2. Estimate of the cost for maintaining the improvements within the proposed area of annexation; 3. A diagram of the area to be annexed to the existing Street Lighting District; 4. An cissessment of the total amount of costs and expenses for the maintenance work, service, or improvements within said annexed areas. and, WHEREAS, the area as shown on the Map proposed to be annexed shall be designated as • ANNEXATION NO. 1 (hereinafter referred to as the "Annexed Area"). NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. SECTION 3. SECTION 4. SECTION 5, SECTION 6. That a Map entitled "ANNEXATION NO. 1 TO STREET . LIGHTING DISTRICT NO* 1" as submitted, showing the. boundaries of the proposed area to be annexed and showing the works of improvement therein to be maintained, is hereby approved and adopted by this City Council and a copy shall be on file in the Office of the City Clerk and open for public inspection. The proposed parcels and properties as shown on said Map are those proposed to be assessed to pay certain of the costs and expenses for said maintenance with said Annexed Area. That the proposed maintenance work within the area proposed to be annexed and assessed shall be for street lighting improvements as said maintenance work is set forth and shown in the Engineer's "Report" to be presented to this City Council for consideration. That the City Engineer is ordered to prepare and file with this City Council a "Report" relating to the Annexed Area to said Street Lighting District in accordance with Chapter 3, Part 1, Division 14, commencing with Section 18040 of the Streets and Highways Code. That upon completion, the City Engineer shall file said "Report" with the City Clerk, who shall then submit the same to the City Council for its consi- deration pursuant to Section 18042 of said Streets and Highways Code. These proceedings for annexation are taken pursuant to the provisions of Chapter 5.5 of Part 1, Divi- sion 14 of the Streets and'Highways Code of the • State of California, the "Street Lighting Act of 1919". APPROVED and ADOPTED this 16th day of May, 1978 ATTEST: . c-cmRK ,MMMET"E7 CITY OP CARLSBAD STATE OF CALIFORNIA MAYOR, RONALD C. PACKARD' CITY OF CARLSBAD STATE OF CALIFORNIA -2- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD ) ss. •I, MARGARET -E. ADAMS, City Clerk of the City of CARLSBAD, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. ' 542_3 ' was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council held on the " 16th May, 1978 day of adopted by the following vote, to-wit: and that the same was passed and AYESs NOES: ABSENT: CQUNCILMEN:Packard, Skotnicki, Anear and Counci1 woman Casler COUNCILMEN: None COUNCILMEN: None Executed this California. 17th day of May, 1978 at CARLSBAD, CITY Of CARLSBAD STATE OF CALIFORNIA [SEAL]- RESOLUTION NO. -5424 RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR CERTAIN STREET LIGHTING MAINTENANCE IN AN AREA TO BE ANNEXED TO AN EXISTING STREET LIGHTING DISTRICT. • . CITY -OF CARLSBAD WHEREAS, this City Council has previously initiated and conducted proceedings for the formation of a Street Lighting District in said City under the terms and provisions of the "Street Lighting Act of 1919", being Division 14, Part 1 of the Streets and High- ways Code of the State of California; said street lighting district having been designated as STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "Street Lighting District"); and, WHEREAS, pursuant to the provisions of said law, and by Resolution of this City Council, there has been prepared an Engineer's "Report", consisting of plans and specifications, an estimate of cost, a diagram of the area proposed to be annexed, and an assess- ment for certain street lighting, maintenance and service in an area to be annexed to the existing Street Lighting District, said area designated as ANNEXATION NO.1. (hereinafter referred to as the "Annexed Area"); and, WHEREAS,, there has been presented to this City Council, the "Report", as required by Division 14 of said Streets and Highways Code, and as previously directed by Resolution; and, WHEREAS, this City Council has now carefully examined and reviewed the "Report" relating to the Annexed Area 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 maintenance to be performed as set forth in said "Report". NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA', AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" relating to the Annexed Area, as presented, consisting of the following: 1. Plans and Specifications; 2. Estimate of Cost; 3. Diagram of the area to be annexed; 4. Assessment of the estimated cost, 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 for public inspection. \ CITY OF CARLSBAD ASSESSMENT AC-)Mt:Xi\TION i-iO. 1 WHEREAS, this City Cci.ip.ci I has previously initiated and conducted proceedings foe the £o ...Tuition o:f: a street J. .v:/;ri:.ing district; in said City under the terms and ;^rov;i.s-~'.o.•'..-.:. of: Lhe "Street Lighting Act of 1919", being Division !••', 'Part 1 o f: the Streets and Highways Code of the State of California, said street iicfii i.nq district having been designated as STP.E2T LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "Street Lighting District"); and, WHEREAS, this City Council did, on the 1.6 tli_ clay of _MAY, _19_ZH > pursuant to the provisions of said Act, adopt its Resolution No. •__ 542 3' ordering the Engineer to prepare and file a report relating to proceedings for annexation of certain lands to said previously formed and existing Street Lighting District; and,. .WHEREAS, said "Report" consists of certain documentsr including the assessment roll of the estimated cost of all maintenance and .improvement work to be assessed under these proceedings; andr/ WHEREAS, at this time, there has been filed certain plans and spe- cifications 'for the improvements, an estimate of the cost, a dia- gram of the Street Lighting District, and an assessment for the estimated costs of the improvements, as previously ordered by this City Council. •.-, NOW, THEREFORE, I, TIMOTHY C^ FLANAGAN^ , as City Engineer of said City, -by virtue of the power vested in me by said Act and by order of the City Council of this City, hereby make the following assessment to cover the: co'sts* and expenses of the estimated main- tenance for the works of improvement within said Annexation ^lrea for the period commencing on the 1st day of JULY, 1978 and ending on the 30th day of JUNE, 1982 . Said assess- ment and costs are generally as follows: 'DESCRIPTION COSTS PER OF PROPERTY' YEAR ' TOTAL [For further details, see computer printout]. As required by said Act, a diagram is attached hereto showing the Street Lighting District and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of Intention tind the initiation of these proceedings, and each parcel has been given a separate number upon said Diagram. I, .as City Engineer , do hereby assess and apportion said total amount to be as sensed upon the several parcels of land within said Street Lighting District liable therefor and benefited thereby in. proportion to the est .mated benefits to be received by said parcels/ respectively, from ssiid maintenance works of improvement and appurtenances, and said parcels ^^re herein- after numbered to correspond with the. numbers appearing on said attached diagram. The assessment parcels herein may refer 'to the County Assessment Roll . for a description of the lots or parcels, in which case that Roll shall govern for all details concerning the descrip- tion of the lots or parcels. The net amount to be assessed upon the .lands may be apportioned by any formula, and, in my opinion, as City Engineer, said formula and apportionment is in direct proportion to the esti- mated benefits to be received from the maintenance works of improvement. Where, and if applicable, different zones for different areas of benefit have been established, a different method of spread will be used for differing degrees of benefit.. This Assessment has. been prepared pursuant to the "Street Lighting Act of 1919". . DATED:/f 7g CITY ENGINEER' -CITY OF CARLSBAD STATE OF CALIFORNIA •2- SCiiF.ni-'i.F. FOR STR!-f.;T [.ICilTJ'NG MAINTiiNANC!- ' .A:\NiiXATION' NO. .!. ' JULY .1 , 107S THROUGH JUMl- 50, 1982 COSTS OI< MAINTENANCE, SERYICB AND HNURGY $49,090.54 $196,302.16 INCIDENTALS 5,454.50 21,818.00 TOTAL $54,545.04 $218,180.16 CITY CONTRIBUTION -0--IM- BALANCE TO ASSESSMENT $54,545.04 $218,180.16 SECTION 3, SECTION 4. That this "Report" on the Annexed Area is in conformity with the provisions of the "Street Lighting Act of 1919", being Part 1 of Divi- sion 14 of the Streets and Highways Code of the State of California, as amended, and par- ticularly as contemplated under the provisions of Section 108041 of said Code. That the City Clerk shall certify to the passage and adoption of this Resolution and the Minutes of this meeting shall so reflect the presentation of the Engineer's "Report" on the Annexed Area. APPROVED and ADOPTED this 16th day of May, 1978 MAYOR , RONALD C. PACKARD CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: . i /x /fr-t^^-y -"-.i-y/i/L. ~ i^- , •- -• ^ CITY C/ERKTIWRMRET E. AWMS CITY 0F CARLSBAD STATE OF CALIFORNIA -2- 9 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ) S3. 'I, MARGARET-E. ADAMS, City ,Clerk of the City of CARLSBAD, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. '54_24: was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a rej^il ar meeting of said City Council held on the 16th Hay_, 1978 ' day of and that the same was passed and adopted by the following vote, to-wit: Packard, Skotnicki, Anear and Councilwoman CaslerAYES:COUNCILMEN:. NOES: ABSENT: COUNCILMEN: None COUNCILMEN: - None Executed this California. 17th day of May at CARLSBAD, CITY/ CLERK, MARGARET <E CITY OF/CARLSBAD STATE OF CALIFORNIA [SEAL]- RESOLUTION NO. 5425 RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF LANDS TO AN EXISTING STREET LIGHTING DIST-' RICT TO PROVIDE FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES WITHIN SAID AREA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. CITY OF CARLSBAD WHEREAS, this City Council has previously initiated and conducted proceedings for the formation of a Street Lighting District in said City under the terms and provisions of the "Street Lighting Act of 1919", being Division 14, Part 1 of the Streets and High- ways Code of the State of California; said street lighting dist- rict having been designated as STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "Street Lighting District"); and, WHEREAS, this City Council is now considering the annexation of certain lands to said Street Lighting District pursuant to the provisions of said law to also provide continual maintenance for said annexed area to be known and designated as ANNEXATION NO. 1 (hereinafter referred to as the "Annexed Area"); and, WHEREAS, at this time, there has been presented and approved by this City Council, a "Report" by the City Engineer, as required by law, relating to the Annexed Area, and at this time the City Council is desirous of proceeding with the annexation of said areas and lands to the existing Street Lighting District. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, as it relates to the Annexed Area, to order those certain fixtures and appliances on portions of streets, avenues, places, parkways, and public ways within this City, as shown on that certain diagram and plan, all being a part of the "Report" of the City Engineer on file in the Office of the City Clerk, to be maintained, and current to be furnished for lighting said .fixtures and appliances for a period of time not longer than that fixed for the existing Street Lighting District, said period to end on the 30th day of JUNE, 1982 , all in accordance with said "Report" of the Engineer. Said "Report", as relating to said Annexed hren, is re- ferenced and made a Dart hereof. SECTION 3. SECTION 4, SECTION 5, All of the work and improvements as set forth above shall be done in accordance with the plans and spe- cifications referred to, and for particulars, refe- rence is made to said plans and specifications as on file in the Office of the City Clerk. BOUNDARIES OF ANNEXED AREA That the work, improvement, maintenance and service contemplated is of direct benefit to the properties within the boundaries of the area proposed to be annexed to the existing Street Lighting District, and this City Council hereby makes the expense of said work, maintenance, service and improvement chargeable upon said Annexed Area, which area said City Council declares to be the area benefited by said work and improvement, and to be assessed to pay the cost and expense thereof, which said Annexed Area is all that portion of the City as shown on the Assessment Diagram for said Annexed Area as on file in the Office of the City Clerk, and said Diagram indicates the extent of said Annexed Area and the exterior boundaries thereof, and reference is hereby made to said Diagram and Plan for a complete and detailed description of said Annexed Area, excepting therefrom any public street or way, which may in- cluded in sai'd Annexed Area. Said Diagram and Plan shall govern for all details as to the extent of said Annexed Area. PUBLIC PROPERTY That any lots or parcels of land known as public pro- perty, as the same are defined in Section 18014 of Division 14, Part 1, of the Streets and Highways Code of the State of California, which are included within the boundaries of the Annexed Area, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work. SPECIAL FUND That the City Treasurer has previously established a special fund known as" the "Street Lighting Main- tenance Fund", and the City Treasurer shall place in said special fund all monies collected relating to said Annexed Area pursuant to the provisions of Section 18190 of the "Street Lighting Act of 1919", being Part 1 of Division 14 of the Streets and High- ways Code of the State of California, as amended. Payments shall be made out of said special fund only for the purposes provided for in said Part 1 of Division 14. -2- SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10, SECTION 11. PROCEEDINGS ' * The improvement contemplated by this Resolution o£ Intention shall be done under the provisions of the "Street Lighting Act of 1919", being Part 1 of Division 14 of the Streets and Highways Code of the State of California, as amended, and specifically as it relates to the annexation of additional land. DESCRIPTION OF MAINTENANCE That the improvements for which said Annexed Area is to be formed shall be for the maintenance of the street lighting as set forth in Exhibit "A" attached hereto, referenced, and so incorporated. REPORT That the "Report" of the Engineer regarding the annexation of certain lands to the existing Street Lighting District is as previously approved and is on file in the Office of the City Clerk and open for public inspection. PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT 20th DAY OF JUNE, 1978 , THE AT THE HOUR OF TUESDAY 7:30 O'CLOCK P.M.IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL, BEING THE REGULAR MEETING PLACE OF SAID CITY COUNCIL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNEXATION OF LANDS TO THE EXISTING STREET LIGHTING DISTRICT, TO THE EXTENT OF THE MAINTENANCE, WORKS OF IMPROVEMENT, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH TO OBJECT OR PROTEST SHOULD FILE A WRITTEN PROTEST OR OBJECTION WITH THE CITY CLERIC PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. i NOTICE That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the CARLSBAD •JOURNAL , a newspaper of general circulation within said City, said publication shall be not less than ten (10) days before the date for said Public Hearing and further, said publication shall be by two (2) succes- sive insertions in said daily or v/eekly newspaper. POSTING That the City Clerk shall cause to be conspicuously posted along all streets in the Annexed Area where the improvement is proposed to be maintained, at not more than three hundred (300) feet apart, but not less than three (3) in all, Notices of the pass- age of this Resolution of Intention to Annex; said posting of Notices shall be completed at least ton (10) clays prior to the date set for Public Hearing. -3- SECTION 12 SECTION 13 SECTION 14 EFFECTIVE DATE That upon its adoption, this take effect immediately. TAX COLLECTOR Resolution 'shall That a certified copy of the assessment roll and diagram, upon its confirmation, is to be recorded in the Office of the Tax Collector, and for the proceedings herein, CITY ENGINEER, CITY OF CARLSBAD is hereby appointed as the person to perform the duties required by law for the City Tax Collector. PROCEEDINGS INQUIRIES For any and all information relating to the pro- ceedings, including information relating to protest procedure, contact the following: JOSEPH E. SPANO • ASSESSMENT ENGINEER CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 729-1181 APPROVED and ADOPTED this 16th day of May, 1978 MAYOR, RONALD C. PACKARD CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: ..., MARGARET E. ADAMS CITY QF CARLSBAD STATE OF CALIFORNIA CITY OF CARLSBAD STREET LIGHTING DISTRICT NO. 1 ANNEXATION NO. 1 EXHIBIT "A" The following is a general description of the lighting system to be maintained in the annexed area in the City of Carlsbad, California, pursuant to the terms and pro- visions of the ''Street Lighting Act of 1919", being Division 14, Part 1 of the Streets and Highways Code of the State of California; said area to be known and designated as "ANNEXATION NO. 1": The street lighting system to be maintained consists of 735 City owned lights on orna- mental standards. The lights are located as shown on a map entitled "MAP OF LIGHTING DISTRICT 1977-1982, ANNEXATION NO. 1". The maintenance of the system,shall consist of cleaning lenses and standards, replacing bulbs, photoelectric cells, ballasts, and wire as necessary. f I STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CARLSBAD ) 'I, MARGARET -E. ADAMS, City .Clerk of the City of CARLSBAD, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. _5_4 2j. _ was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council held on the 16th day of • .._M.a.y..L--'l_9_78 ___' an& that the same was passed and "adopted by the following vote, to-wit: AYFq- roTiNCTTMFN- Packard, Skotnicki, Anear andAYES. COUNCILMEN. Council woman Casler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Executed this 17th day of May, 1978 , at CARLSBAD, California,, CITY (ZLERK, MARGARET E. ADAMS .CITY :;OF CARLSBAD STATE OF CALIFORNIA [SEAL]-