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HomeMy WebLinkAbout1982-07-06; City Council; 7030-1; Street Lighting District #1CITW F CARLSBAD — AGENDAWILLWl •s'3 ARtf 7030 Sup#] MTG.7/6/82 DEPT. UTL TITLE: STREET LIGHTING DISTRICT #1 DEPT. HD/#^^a~~ riTY ATTY I/?// CITY MGR.cW^ LU >occ Q.Q. ZO o Z .3Oo RECOMMENDED ACTION: Council hold public hearing and receive public comments. Adopt Resolution No. ^p<-?3° establishing Street Lighting and Landscaping District #1. ITEM EXPLANATION: Council received the Engineer's Report and adopted Resolution No. 6888, a Resolution of Intent to form Street Lighting District #1 under provisions of the Landscape and Street Lighting Act of 1972 at your regular meeting of June 1, 1982. The City first formed a street lighting district in 1972, reformed the district in 1977 under the 1919 Act. This reforming of the district is a legal requirement under the 1919 Act. This action reforms the district. Letters to each property owner were mailed on June 22, as required, and notices have been published twice in the Carlsbad Journal. Staff has received and responded to numerous calls from citizens further explaining the process. Generally, assessments are slightly lower than last year (18C to $3); however, some assessments were increased due to updating our data base (Picking up lights that had been energized but not added to our inventory). I am not aware of any gross errors in the spread of assessments to the 14,800 property owners in the district. A copy of the Engineer's Report and diagram of the district are provided for reference. Mr. John Harper, assessment counsel, will attend the hearing. PROCEDURE: 1. Receive Staff Report 2. Open Public Hearing and Receive Comments 3. Close Public Hearing 4. Adopt Resolution No. [3 9 3 0 FISCAL IMPACT; Costs of the proceedings are estimated to be about $10,000. Funds are available in the Street Light Fund for these purposes. The budget requirement for street lighting for FY 82-83 is $458,742 and has been submitted for approval in the normal budget process. This request is less than $9,000 more than FY 81-82 (2%) because of conversion to high pressure sodium vapor. Energy costs have increased 12% over the past year. The FY 82-83 budget included a loan repayment of $36,000 to the California Energy Commission for funds advanced for the conversion. AB #7030 Sup#l July 6, 1982 Page 2 EXHIBITS: A. Engineer's Report and Diagram B. Order of Procedure C. Instruction Sheet D. Resolution No. (j^30 Forming Street Lighting District No. 1 EXHIBIT A AGENCY-.: CITY OF CARLSBAD PROJECT: STREET LIGHTING DISTRICT NO. 1 TO: CITY COUNCIL CITY OF CARLSBAD STATE OF CALIFORNIA REPORT OF THE UTILITIES DIRECTOR 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 Landscape and Lighting Act of 1972. 1. AN ESTIMATE OF THE COSTS of the improvements to be maintained for the ensuing twelve-month period, being-from July 1, 1982 to June 30, 1983. 2. 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 dimensions 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. A detailed diagram is maintained in the office of the City Clerk, the office of . the Utilities Director and is available for public inspection. Executed this 21st day of May 1982. _ DIR ECT OFTOFlJT4tl T IE S Cltf OF CARLSBAD STATE OF CALIFORNIA SCHEDULE FOR STREET LIGHTING MAINTENANCE JULY 1, 19'82 THROUGH JUNE 30, 1983 \ 1. Cost of Maintenance Service: Energy . $320,000 2. Personnel .80,494 3. Loan Repayment - ' 36,000 4. Incidentals " ' 22,248 5. Total $458,742 •* 6. City Contribution 17,740 7. Balance to Assessment $441,002 Detail contained in FY 82-83 approved budget -- Fund 15-206 EXHIBIT B ORDER OF PROCEDURE CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 DATE OF MEETING: July 6, 1982 STAFF: Present map showing the general boundaries of the area proposed to be assessed, and showing in general terms the works of improvement to be maintained. Present to the City Council the "Report", pursuant to the "Landscaping and Lighting Act of 1972", consisting of the following: 1. Plans and specifications; 2. Estimate of costs; 3. Diagram of proposed District; 4. Assessment of costs. 5. City Clerk reports on protests CITY COUNCIL: Open Public Hearing and consider public input. Close Public Hearing. CITY COUNCIL: Adopt RESOLUTION ORDERING IMPROVEMENTS AND FORMATION OF DISTRICT. EXHIBIT C INSTRUCTION SHEET - PUBLIC HEARING CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISRICT NO. 1 PUBLIC HEARING MAJORITY PROTEST; Any interested person may file a written protest with the City Clerk, stating the grounds for their objection. The protest shall contain a description of the property sufficient to identify the property. All interested persons shall be afforded the opportunity to be heard at said Public Hearing. For purposes of determining whether or not a majority protest exists, the test is whether or not, upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, represent property owners owning more than fifty percent (50%) of the area. Proceedings are to be abandonedIfa majorityprotestexists,unless the City Council overrules said protests by a four-fifths (4/5) vote by all members. If a majority protests does exist, I would recommend that the Hearing be continued for further consideration. ASSESSMENT ROLL If there are to be no changes or modifications in the individual assessment amounts, then the assessment roll as previously prepared should be completed with the dollar assessment amounts being completed. A copy of the confirmed assessment should be filed in the Office of the Utilities^ Director, ..with, a duplicate, copy on file in the Office of - the City Clerk and open for^ public inspection. RESOLUTION CONFIRMING ASSESSMENT The adoption of this Resolution constitutes the levy of the special assessment for the fiscal year so referred to in the assessment. COUNTY AUDITOR Immediately after the adoption of the Resolution confirming the Diagram and the Assessment, and no later than the third Monday in August, 1982, upon approval of the Auditor, the Clerk shall file the assessment diagram, or a certified copy thereof, with the County Auditor. I would also recommend that together with a copy of the diagram and assessment, a certified copy of the Resolution Confirming the Assessment be forwarded also. FISCAL YEAR The assessment, as levied for thse proceedings, will relate to the fiscal year commencing July 1, 1982, and ending June 30, 1983. Note that an annual updating of the proceedings will be required for each subsequent fiscal year to accomplish the levy for the ensuing fiscal year. FUTURE PROCEEDINGS Be advised that it is necessary, each year, to update the Engineer's "Report" and approve said "Report" for the ensuing fiscal year. We should all probably mark our calendars so that complete proceedings can be taken, at least as they relate to the original District during the early spring next year. CHANGES AND MODIFICATIONS AT HEARING During the course of the Public Hearing, or upon the conclusion of said hearing, the legislative body may order changes in the improvements, the boundaries of the District, or any zones thereof. The legislative body may, without further notice, order the exclusion of territory from the District, but no property shall be added to said District except upon the following terms and conditions: a. Upon written request by a property owner for the inclusion of his property; b. Upon the legislative body declaring its intention to add additional property and directing that mailed notice be given to the property owners within the area proposed to be annexed. I would recommend that if any changes are to be considered, the matter be continued so that the proper documentation can be drafted.