Loading...
HomeMy WebLinkAbout1983-07-05; City Council; 7440; Street lighting districtQui Occa. O OO CITY OF CARLSBAD — AGENDA dlLL ARtf WVO MTG 7-5-83 DEPT. UTL TITLE: STREET LIGHTING DISTRICT #1 OEPT. HD./^T PITY ATTY A^" HITY Mf3R.^}^ RECOMMENDED ACTION: 1. Approve Resolution No. Engineer's Report. directing Utilities Director to submit 2. Approve Resolution No. J£ ffO approving Engineer's Report. 3. Approve Resolution No. 'J3t& f setting public hearing. ITEM EXPLANATION: The city reformed the Street Lighting District under provisions of the Land- scaping and Lighting Act of 1972 last year. The District had been first formed in 1972. The costs of maintaining the city's street lights are funded from assessments to each property owner based on benefit. This procedure is required under the Act to add new lights (annex them to the District) and to provide for a public hearing to hear protests. FISCAL. IMPACT; The FY 83-84 budget is about $22,000 more than last year ($480,614 vs. $458,742) due to a low estimate of debt service ($6,000) and general budget increases. The projected fund balance at the end of FY 82-83 is $183,000. It is recommended, in the Engineer's Report, that this fund balance be reduced by $21,028 and apportioned to FY 83-84 expenditures. This will maintain the current level of assessment to all homeowners. .The average homeowner in a single family neighbor- hood pays about $35 per year for street lighting. EXHIBITS; 1. Order of Procedure. 2. Resolution No. "J^j / 7 ordering preparation of plans, specifications, cost estimates, diagrams and Engineer's Report. 3. Engineer's Report. 4. Resolution No. / o? f 0 approving Engineer's Report. 5. Resolution No. 7,2 f / setting public hearing for City of Carlsbad Street Lighting and Landscape District No. 1. ORDER OF PROCEDURE CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 DATE OF MEETING: July 5, 1983 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. CITY COUNCIL: Adopt RESOLUTION ORDERING UTILITIES DIRECTOR TO PREPARE PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM AND ASSESSMENT. STAFF: 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. CITY COUNCIL: Adopt RESOLUTION APPROVING ENGINEER'S "REPORT". CITY COUNCIL: Adopt RESOLUTION OF INTENTION. (Public Hearing Date: July 19, 1983) * * * INSTRUCTION SHEET CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 RESOLUTION OF INTENTION PUBLICATION The CITY CLERK shall cause the publication of the RESOLUTION OF INTENTION, which publication shall be pursuant to Section 6061 of the Government Code of the State of California; said publication shall be made one (I) time, and shall be completed at least TEN (10) days prior bo the date scheduled for the Public hearing. * * * * BROWN & NAZAREK ATTORNEYS AT LAW 2171 CAMPUS DRIVE, SUITE 330 IRVINE, CALIFORNIA 92715 TELEPHONE: (714) 752-8494 1 4 5 DISTRICT 6 7 8 9 10 11 12 13 18 22 24 2' 2° RESOLUTION NO. 7279 RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, desires to initiate proceedings for the annual levy of assessments for a street 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 CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 14 (hereinafter referred to as the "District"); and WHEREAS, these proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 1983, and ending June 30, 1984; and, WHEREAS, there has been submitted to this City Council for its consideration at this time, a map showing the boundaries of the area affected by the levy of the assessment for the above referenced fiscal year, said map further showing and describing in general the works of improvement proposed to .* be maintained in said District, said description being sufficient to identify the works of improvement and the areas, proposed to be assessed for said maintenance thereof; and, WHEREAS, the provisions of said Division 15, Part 2 require a written "Report", consisting of the following: 1. Plans and specifications of the area of the works of 1 2 3 4 5 6 7 8 9 10 11 improvement to be maintained; 2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year; 3. A diagram of the area proposed to be assessed; 4. An assessment of the estimated costs for maintenance work for • said fiscal year. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That a map, entitled CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 ANNUAL LEVY" 12 as submitted to this City Council, showing the boundaries of the proposed area to be assessed and'showing the works of improvement to be maintained, is 14 hereby approved, and a copy thereof shall be on file in the Office of the. City 15 Clerk and open to public inspection. The proposed parcels and properties 16 within said area are those to be assessed to pay certain of the costs and expenses for said maintenance work. 18 SECTION 3. That the proposed maintenance work within the area 19 proposed to-be assessed shall be for certain street lighting improvements, as 20 said maintenance work is set forth in the "Report" to be presented to this City Council for consideration. 22 SECTION 4. That Roger Greer, Director of Utilities, is hereby 23 ordered to prepare and file with this City Council, a "Report" relating to 24 said annual assessment and levy in accordance with the provisions of Article 25 iv, commencing with Section 22565 of Chapter 1 of the Streets and Highways 26 code of the State of California. 2? SECTION 5. That upon completion, said "Report" shall be filed with 28 the City Clerk, who shall then submit the same to this City Council for its -2- 1 2 3 4 5 6 7 9 consideration pursuant to Sections 22623 and 22624 of said Streets and Highways Code. . - ' APPROVED and ADOPTED this 5th day of July , 1983. / V^^L^^^f & ' CARLSE MAYOR CITY OP CARLSBAD STATE OF CALIFORNIA ATTEST: 8|( CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 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 pro- visions 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, 1983 to June 30. 1984. 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 24th day of June 1983. . DIRECTOR O CITrOF CARLSBAD STATE OF CALIFORNIA SCHEDULE FOR STREET LIGHTING MAINTENANCE JULY 1. 1983 THROUGH JUNE 30. 1984 1. Cost of Maintenance Service: Energy $315,000 2. Personnel 56,913 3. Loan Repayment 42,000 4. Incidentals 66,701 5. Total $480,614* 6. City Contribution 18,586 7. From Fund Balance 21.028 8. Balance to Assessment $441,000 * Detail contained in FY 83-84 approved budget -- Fund 12-56-10 1 RESOLUTION NO. 7280 2 RESOLUTION OF-TOE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR ANNUAL LEVY 3 OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY 4 5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, '6 pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, did, by previous Resolution, order the 8 preparation of an Engineer's "Report" for the annual levy of assessments, consisting of plans and specifications, an estimate of the cost, a diagram of the district, and an assessment relating to what is now known and designated 11 as 12 CITY OF CARLSBAD STREET LIGHTINS AND LANDSCAPING DISTRICT NO. 1 13 (hereinafter referred to as the "District"); and, 15 WHEREAS, there has now been presented to this City Council the "Report" as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and, WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and 20 documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received 22 from the maintenance to be performed, as set forth in said "Report". * 23 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 24 SECTION 1. That the above recitals are all true and correct. 2 ^ SECTION 2. That the "Report" as presented, consisting of the 26 following: 2? A. • Plans and specifications; 28 B. Estimate of cost; /O 1 2 C. Diagram of the District; } D. 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 to public inspection. • . SECTION 3. 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". APPROVED and ADOPTED this 5th . day of July , 1983. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 4 5 6 7 8 9 10 11 12 ATTEST: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 £J-, L--<*--tt-'eje-i-^ MAYOR CITY OF CMRLSBAD STATE OF CALIFORNIA XA. -2- ' • /I STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD I, ALETHA L. RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 7280 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular jneeting of said City Council held on the 5th day of July , 1983, and that the same was passed and adopted by the following vote: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ''. ABSENT: None .: EXECUTED this 6th day of July : , 1983, at Carlsbad, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA [SEAL] 1 2 3 4 6 7 8 10 11 12 „ STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7281 RESOLUTION OP THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FDR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTE- NANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has previously formed a street lighting and landscaping district pursuant to the terras 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 CITY OF CARLSBAD (hereinafter referred to as the "District"); and, WHEREAS, at this time, this 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 continual maintenance of improvements within said District; and, WHEREAS, at this time there has been presented and approved by this City Council, the Engineer's "Report" as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy. NOW, THEREFORE, IT IS HEREBY RESOLVED 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, to"undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to serve and benefit said District as 13 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part, hereof, and proposed changes thereto are set forth in the "Report" of the Engineer, incorporated herein as a part hereof. REPORT SECTION 3. That the "Report" of the Engineer regarding the annual levy for said District, which "Report" is for maintenance for the fiscal year 1983-1984, is hereby approved and is directed to be filed in the Office of the City Clerk. ASSESSMENT 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 Engineer's "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 arid improvement as estimated in said "Report". DESCRIPTION OF MAINTENANCE SECTION 5. The assessments levied and collected shall be for the maintenance of certain improvements, as set forth in the Engineer's "Report", referenced and so incorporated herein. COUNTY AUDITOR SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and shall collect said assessments at the 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 Treasurer or purposes of paying for the costs and expenses of said District. -2- 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 SPECIAL FUND SECTION 7. That all monies collected shall be deposited in a special fund known as "SPECIAL FUND CITY OF CARLSBAD STREET LIGHTING ANti LANDSCAPING DISTRICT NO. 1" 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 and 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. BOUNDARIES OF DISTRICT SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefited by said improvement and maintenance, 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 on a map 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. ! . PUBLIC PROPERTY SECTION 9. "Any lots or parcels of land known as public property, 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 -3- 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 improvement and maintenance work. PUBLIC HEARING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 19TH DAY OF JULY, 1983, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, IS THE TIME AND PLACE FIXED BY THIS' CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS. IN REFERENCE TO TBE ANNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE 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. ' NOTICE SECTION 11. 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 set for said Public Hearing. EFFECTIVE DATE SECTION 12. That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INQUIRIES SECTION 13. For any and all information relating to the proceedings, protest procedure, any 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: Roger W. Grter ' ' . Director of Utilities CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 (619)-438-5604 & ( 28 -4- . • /Co PASSED, APPROVED and ADOPTED this 5th day of July , 1983.1 2 3 4 5 6 ATTEST: 7 /£/) ^j /J /, 8 9 /l/^o^^^-f U , MAYOR / CITY OF CARLSBAD STATE OF CALIFORNIA CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 10 11 12 13 14 15 16 •17 18 19 20 21 22 23 24 25 26 27 28 -5- J7 CERTIFICATE OF PUBLICATION OF ANNUAL LEVY STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD I, ALETHA L. RAUTENKRANZ, under penalty of perjury, CERTIFY as follows: That the undersigned is now, and at all times herein mentioned was, the duly appointed, qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA. That the undersigned did cause notice to be given, as below specified: 1. That the Resolution of Intention was published pursuant to Section 6061 of the Government Code of the State of California, said publication being one time, with the publication completed at least ten (10) days prior to the date of the Public Hearing. EXECUTED this California. llth day of July , 1983, at Carlsbad, CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA /r