HomeMy WebLinkAbout1983-07-05; City Council; 7440; Street lighting districtQui
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CITY OF CARLSBAD — AGENDA dlLL
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MTG 7-5-83
DEPT. UTL
TITLE:
STREET LIGHTING DISTRICT #1
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PITY ATTY A^"
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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)
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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.
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BROWN & NAZAREK
ATTORNEYS AT LAW
2171 CAMPUS DRIVE, SUITE 330
IRVINE, CALIFORNIA 92715
TELEPHONE: (714) 752-8494
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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
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(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
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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
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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
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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:
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CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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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.
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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
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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
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12 CITY OF CARLSBAD
STREET LIGHTINS AND LANDSCAPING DISTRICT NO. 1
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(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".
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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;
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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
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ATTEST:
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£J-, L--<*--tt-'eje-i-^
MAYOR
CITY OF CMRLSBAD
STATE OF CALIFORNIA
XA.
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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]
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STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
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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
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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.
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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
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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
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PASSED, APPROVED and ADOPTED this 5th day of July , 1983.1
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ATTEST:
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/£/) ^j /J /,
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/l/^o^^^-f U ,
MAYOR /
CITY OF CARLSBAD
STATE OF CALIFORNIA
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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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
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