HomeMy WebLinkAbout1983-07-19; City Council; 7440-1; Street lighting districtCITY OF CARLSBAD — AGENDA uILL
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MTG. 7/19/83
DEPT. UTL
TITLE:
STREET LIGHTING DISTRICT #1
DEPT. HD.y^
niTY ATTY V *fi>
CITY MGR. 3*-*
RECOMMENDED ACTION:
Council hold public hearing and receive public comments.
No. J"7re?9ri5"' confirming assessment.
ITEM EXPLANATION
Approve Resolution
7279 directing theAt the July 5th meeting, Council approved Resolution No.
Utilities Director to submit Engineer's Report. Council then approved Engineer's
Report Resolution No. 7280 , Council approved Resolution No. 7281 setting
public hearing. The city reformed the Street Lighting District under provisions
of the Landscaping 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. A copy of the Engineer's Report
and diagram of the District are provided for reference. Mr. George MacFarland,
assessment counsel, will attend the hearing.
PROCEDURE
1. Receive staff report.
2. Open public hearing and receive comments.
3. Close public hearing.
4. Approve Resolution No. 7o? 9*^
FISCAL IMPACT
The FY 83-84 budget is $480,614, about $22,000 more than last year. The amount to
be assessed property owners, however, will remain the same as last year ($441,000)
due to city contribution and from fund balance of the previous year. This will
maintain the current level of assessment to all homeowners.
EXHIBITS
A. Engineer's Report and Diagram
B. Order of Procedure
C. Instruction Sheet
D. Resolution No. /g?7>5" confirming assessment
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.
DIREOOR
CITr OF CARLSBAD
STATE OF CALIFORNIA
SCHEDULE FOR STREET LIGHITNG 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
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ORDER OF PROCEDURE
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
PUBLIC HEARING DATE:July 19, 1983
STAFF:Present ENGINEER'S REPORT, general
discussion of STREET LIGHTING AND
LANDSCAPING DISTRICT NO. 1
CITY COUNCIL:See attached INSTRUCTION SHEET-
PUBLIC HEARING.
Adopt RESOLUTION CONFIRMING
ASSESSMENT
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INSTRUCTION SHEET - PUBLIC HEARING
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
PUBLIC HEARING
MAJORITY PROTEST; Any interested person may file a written protest with the
City Clerk,stating the grounds for their objection. Said protest shall
contain a description of the property sufficient to identify said property.
All interested persons shall be afforded the opportunity to be heard at the
Public Hearing, and 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
abandoned if a majority protests unless overruled and denied by a four-fifths
(4/5) vote by all members of the Council. If a majority protest 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 confirmed.
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, 1983, the Clerk shall
file a copy of the assessment diagram and the assessment, or a certified copy
thereof, with the County Auditor. I would 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 these proceedings, will relate to the fiscal year
commencing July 1, 1983, and ending June 30, 1984. 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. Vfe should all probably
mark our calendars for some time after the first of the year to begin the
process.
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.
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RESOLUTION NO. 7295
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAC CONFIRMING A
DIAGRAM AND ASSESSMENT AND PROVID-
WHEREAS,- the City Council has initiated proceedings for the annual
levy of the assessments for a street lighting and landscaping district pursuant
to the terms and provisions of the "Landscaping and Lighting Act of 1972", being
Part 2 of Division 15 of the Streets and Highways Code of the State of
California, in a district known and designated as
CITY OF CARLSBAD
WHEREAS, the City Council has ordered the preparation of a report and
the City Engineer has prepared and filed with this City Council a report
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pursuant to law for its consideration and subsequently thereto this City Council
did adopt its Resolution of Intention to levy and collect assessments for the
next ensuing fiscal year relating to the above-referenced District, and further
did proceed to give notice of the time and place for a Public Hearing on all
matters relating to said annual levy of the proposed assessment; and,
WHEREAS, at this time, this City Council has heard all testimony and
evidence and is desirous of proceeding with said annual levy of assessments.
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 upon the conclusion' of the Public Hearing, written
protests filed, and not withdrawn, did not represent property owners owning more
than fifty percent (50%) of the area of assessable lands within the District,
and all protests.are overruled and denied.
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SECTION 3. That this City Council hereby confirms the diagram and
assessment as submitted and orders the annual levy of the assessment for the
fiscal year and in the amounts as set forth in the Engineer's Report and as
referred to in the Resolution of Intention as previously adopted relating to
said annual assessment levy.
SECTION 4. That the diagram and assessment as set forth and contained
in said Report are hereby confirmed and "adopted by this City Council.
SECTION 5. That the adoption of this Resolution constitutes the levy
of the assessment for the fiscal year.
SECTION 6. That the estimates of costs, the assessment diagram, the
assessments and all other matters, as set forth in the Engineer's "Report",
pursuant to said "Landscaping and Lighting Act of 1972", as submitted, are
hereby approved, adopted by this City Council and hereby confirmed.
SECTION 7. That the maintenance works of improvements contemplated by
the Resolution of Intention shall be performed pursuant to law and the County
Auditor shall enter on the County Assessment Roll the amount of the Assessment
and said assessment shall then be collected at the same time and in the same
manner as the County taxes are collected. After collection by said County, the
net amount of the assessment shall be paid to the City Treasurer of said City.
SECTION 8. That the City Treasurer has previously established a
special fund known as the
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
into which the City Treasurer shall place all monies collected by the Tax
Collector pursuant to the provisions of this Resolution and law and said
transfer shall be made *ind accomplished as soon as said monies have been made
available to said City Treasurer.
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SECTION 9. That the City Clerk is hereby ordered and directed to file
a certified copy of the diagram and assessment roll with the County Auditor,
together with a certified copy of this Resolution upon its adoption.
SECTION 10. That a certified copy of the assessment and diagram shall
Utilities
be filed in the Office of the Director , with a duplicate copy on file in
the Office of the City Clerk and open.for public inspection.
APPROVED and ADOPTED this 19th day of July, 1983 .
J.
MAYOR
CITY OF
STATE OF CALIFORNIA
,1 -
CARLSBAD
ATTEST:
CITY CLERK
CITY OF CARLSBAD
A&*~.
STATE OF CALIFORNIA
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"3-
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1200 ELM AVENUE M )S^ Ft TELEPHONE-
CARLSBAD, CALIFORNIA 92008 IMlTJ/J '. ' (714)438-5535
Office of the City Clerk
Citp of Cartebab
July 22, 1983
Property Tax Services
County Administration Center
Room 163A
1600 Pacific Highway
San Diego, CA 92101
Attention: Kay Simpson'
Re: City of Carlsbad Lighting District Flat Charge
Special Assessments Account No. 6010-01
As per your telephone conversation with Al Ludwig
of July 21, 1983, the individual assessment informa-
tion has been recorded on magnetic tape "(Tape No. 11476)
and is on file in Room 092, E.D.P. Services, in the
County Administration Center. The assessments have
been totalled and the total amount is $441,117.96.
There are 11,037 parcels being assessed.
All individual assessments have been rounded to the
nearest even penny, and all assessed parcels have
been reconciled with the 1983-84 perliminary tax
roll.
Please consider this letter as authorization to Use
Tape No. 11476 and all assessment information recorded
on it.
2N R. KONDTJ
Deputy City Clerk
cc: Gayle Pearce
8875 Shaula Way
San Diego, CA 92126
cc: Al • Ludwig
Utilities Dept.
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PUBLIC HEARING THEREON
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RESOLUTION NO. 7281
RESOLUTION OF THE CITY COUNCIL DECLARING
ITS INTENTION TO PROVIDE FOR 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 SETTI1SG A TttE AND PLACE FOR
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has
previously formed a street lighting and landscaping 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
{hereinafter referred to as the "District"); and,
WHEREAS, at this time, this City Council is desirous be 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 and 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 AND 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, fron 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 emitted and exempt from any assessn-.ent 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 THE
ANNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER
MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISE 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. Greet
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.
d.
MAYOR /
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:''-
..•l''"/,.
iCITY| CLERK
CIT^ OF CARLSBAD
STATE" OF.CALIFORNIA
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