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Home My WebLink About1985-05-21; City Council; 8180; Street lighting districtJF CARLSBAD - AGENDA .ILL Oz AR# f/^O MTG. 5/21/85 DEPT. TITLE: STREET LIGHTING DISTRICT #1 DFPT HD/^T CITY ATTYVJr^D CITY MGR._Ofc4L RECOMMENDED ACTION: 1. Approve Resolution No. ft33.1 directing Utilities & Maintenance Director to submit Engineer's Report. 2. Approve Resolution No. #&j2*. approving Engineer's Report. 3. Approve Resolution No. 5OZ3 setting Public Hearing. ITEM EXPLANATION: The City reformed the Street Lighting District under provisions of the Landscaping and Lighting Act of 1972 three years ago. The District had been first formed in 1972. The costs of maintaining the City's 2,995 street lights (2,269 city owned and 726 S.D.G. & E. owned) are funded from assessments to each property owner based on benefit. This procedure, outlined in the attached Order of Procedures, is required under the Act to spread the assessments to affected parcels, to annex new parcels to the District and to provide for a public hearing to hear protests. There will be a reduction in the assessment to each property owner because of a $100,000 carry over from last year's funds. A detailed listing will be available at the Council meeting and specific assessments can be compared at that time. FISCAL IMPACT: The FY 85-86 budget is about $5,000 more this year ($497,681 vs. $492,488) due to general budget increases. The projected fund balance at the end of FY 84-85 is $374,000. It is recommended, in the Engineer's Report, that this fund balance be reduced by $100,000 and apportioned to FY 85-86 expenditures. The fund balance includes energy deposits for new developments, provides for four months' operations and sufficient reserve to pay off the remaining energy conservation loan. The amount to be assessed this year is about $45,000 less than FY 84-85 ($378,981 vs. $423,788). EXHIBITS: 1. Order of Procedure. 2. Resolution No. #QA( ordering preparation of plans, specifications, cost estimates, diagrams and Engineer's Report. 3. Engineer's Report. 4. Resolution No. gbA^- approving Engineer's Report. 5. Resolution No . goa,3 setting public hearing for City of Carlsbad Street Lighting and Landscape District No. 1. ORDER OF PROCEDURE CITY OF CARLSBAD STREET LIGHTING DISTRICT NO. 1 DATE OF MEETING: May 21, 1985 STAFF: Present map showing the general boundaries of the area proposed to be assessed, and showing in general terras the vorks of improvement to be maintained. CITY COUNCIL: Adopt RESOLUTION ORDERING CITY ENGINEER TO PREEARE 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. * * * * RESOLUTION NO. 8021 RESOLUTION Of THE CITY COUNCIL CHEERING 7 IBB HUEFRBATION CF PLANS, SPECTFICATKMS, COST ESTIMATE, DIACKAM, ASSESSMEST AND REPORT PURSUANT TO THE PROVISICMS CF EECISICN 15, PART 2 OF THE ai'KKKTS AND HlOiOWS CODE CF THE STATE CF CMJFOBNIA, FDR PROCEEDINGS FOR ANNUAL ASSESSMENT LEVY AFTER FOFMCTICN CF A DISTRICT AND FDR THE ANNEXATICN CF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT WHEREAS, the CITY COUNCIL of the CITY CF 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 CF CARLSBAD STKKKT LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "District"); and, WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 1985, and aiding June 30, 1986; and, WHEREAS, this City Council desires to undertake proceedings to annex certain additional territory to the existing District; and WHEREAS, one hundred percent (100%) of the property owners in certain of the territory to be annexed have filed a petition requesting such annexation and waiving the filing of an Engineer's "Report," and all notice and hearing requirements; 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, and the territory proposed to be annexed, said map further showing and describing in general the works of improvement proposed to 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: Page 1 of 3 1. Plans and specifications of the area of the works of tt •^.•sintainad; -2. Hr estimate of the costs for maintaining the improvements for the above referenoad fiscal year; 3. A diagram of the area proposed to be assessed; 4. An assessment, of the estimated costs for naintenance work for said fiscal year. NCW, THEREFORE, IT IS HEREBY RESOLVED AS FCUXHS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That a nap, entitled CITY OF CARLSBAD STREET LIGHTING DISTRICT NO. 1 ANNUAL LEVY/ANHEXATICN 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 hereby approved, and a copy thereof shall be on file in the Office of the City Clerk and open to public inspection. The proposed parcels and properties within said area are those to to be assessed to pay certain of the costs and expenses for said maintenance work. SECTION 3. That the proposed maintenance work within the area proposed to be assessed shall be for certain street lighting improvements, as said naintenance work is set forth in the "Report" to be presented to this City Council for consideration. SECTION 4. That Roger Gteer, Director of Utilities, is hereby ordered to prepare and file with this City Council, a "Report" relating to said annual assessment and levy in accordance with the provisions of Article IV, commencing with Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California. SECTION 5. That upon completion, said "Report" shall be filed with the City Clerk, who shall then submit the same to this City Council for its Page 2 of 3 I consideration pursuant to Sections 22623 and 22624 of said Streets and Highways Cod*. '.• and ADCPEH) this 21st day of May _ , 1965. MAYOR ~J ATTEST: CITY CLERK CITY OP CARLSBAD STATE OF CALJFCSNIA ^^7 Page 3 of 3 I STATE CF CALIFORNIA COUNTY OF SAN DIEGO CITY CF CARLSBAD ' I, ALETHA RAUTQJKRASB, -CITY CLERK of the CITY CF CARLSBAD, CALIFORNIA, DO HEREBY CERTIFY' that the foregoing Resolution, being Resolution No. 8021 vas duly passed, approved and adopted ty the City Council, approved and signed ty the ttoyor, and attested ty the City Clerk, all at the regular meeting of said City Council held on the 21 st- day of May , 1985, and that the same ves passed and adopted ty the following vote: AYES: NOES: COUNCIIMEMBERS Casler, Lewis, Kulchin, Chick, and Pettine CCONCIIMEMBERS Ifane ABSENT: COUNCIIMEMBERS None ABSTAIN: COUKCHMEMBERS None EXECUTED this California. 22nd day of May 1985, at CARLSBAD, CITY CLERK CITY CF CARLSBAD STATE CF CALIFORNIA [SEAL] I 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 Land- scape 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, 1985 to June 30. 1986. 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 dimenions 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 8th day of May, 1985 ROGEJTW. Director of Utilities City of Carlsbad State of California SCHEDULE FOR STREET LIGHTING MAINTENANCE JULY 1. 1985 THROUGH JUNE 30. 1986 1. Cost of Maintenance Service: Energy $315,000 2. Personnel 63,495 3. Loan Repayment 42,000 4. Incidentals 77,185 5. Total $497,681 6. City Contribution 18,700 7. From Fund Balance 100.000 8. Balance to Assessment $378,981 RESOLUTION NO. 8022 RESOLUTION OP THE CITY COUNCIL APPROVING THR BNSINEBR'S "FEPORT" FOR ANNUAL L,LEVY Of ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WnHIH SAID CITY AND FOR THE ANNEXATION OF AEDITIONAL TERRITORY TO SAID EXISTING DISTRICT WHEREAS, the CITY COUNCIL of the CITY CF CARLSBAD, CALIFOFNIA, 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 preparation of an Engineer's "Report" for the annual levy of assessments, and for the annexation of additional territory to the existing District, consisting of plans and specifications, an estimate of the cost, a diagram of the district, and an assessment relating to what is now. taiown and designated as CITY CF CARLSBAD STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "District"); and, WHEREAS, there has now been presented to this City Council the "Report" as required by said Division 15 of the Streets and Highvays 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 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." NCW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" as presented, consisting of the following: A. Plans and specifications; B. Estimate of cost; C. Diagram of the District; D. Assessment of the estimated cost; Page 1 of 2 is hereby approved en a preliminary basis, and is ordered to be filed in the Of fioa of the City Clerk a* a permanent recced and to remain open to public inspection. - SECTION 3U 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 21st day of May , 1985. MAYOR CITY CF STATE CF CALIFORNIA ATTEST: CITY CLERK CITY CF CARLSBAD STATE OF CALIFORNIA a-»-. Page 2 of 2 STATE CF CALIFORNIA. COUNTY OF SAN DIEGO CITY CF CARLSBAD . i, ALETHAjaw/nawfaisE, CITY CLERK of the CITY CF CARLSBAD, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 8022 was duly passed, approved and adopted by the City Council, approved and signed by the Major, and attested by the City Clerk, all at the regular meeting of said City Council held on the 21st day of May , 1985, and that the same was passed and adopted by the following vote: AYES: COUNCIIMEMBERS easier, Lewis, Kulchin, Chick and Pettine NOES: COUNCIIMEMBERS None ABSENT: COUNCIIMEMBERS None ABSTAIN: COUNCIIMEMBERS None EXECUTED this 22nd day of May , 1985, at CARLSBAD, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA [SEAL] RESOLUTION NO. 8023 RESOLUTION OF THE CITY COUNCIL EECLARING ITS INTENTION TO ORDER THE ANNEXATION OF AEDITIONAL TERRITORY TO AN Ed STING DISTRICT AND TO TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTE- NANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 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 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 that is known and designated as CITY OF CARLSBAD STREET LIGHTING DISTRICT ND. 1 (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, this City Council desires to annex certain additional territory to said existing District; and, WHEREAS, one hundred percent (100%) of the property owners in certain of the territory to be annexed have filed a petition requesting such annexation and waiving the filing of an Engineer's "Report", and further waiving all notice and hearing requirements; 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 and annexation. NOT, 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 Page 1 of 5 it is the intention of this City Council, to undertake proceedings for the annexation of additional territory to the District, and the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to serve and benefit said District as said area is showi 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 naintenance for the fiscal year 1985-1986, 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 assesanents to pay the costs and expense 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 street lighting improvements, as set forth in the Engineer's "Report," referenced and so incorporated herein. COUNTY AUDITOR SECTION 6. The County Aiditor 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 for purposes of paying for the costs and expenses of said District. Page 2 of 5 SPECIAL FUND SECTION 7. That all monies collected shall be deposited in a special fund known as "SPECIAL FUND CITY CF CARLSBAD STREET LIGHTING DISTRICT NO. 1" Parent shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the raking of this maintenance and improvement, the City Council may transfer into s funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid outef 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 Cbuncil, of direct benefit to the properties within the boundaries of the District, and this City Cbuncil 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 Cbuncil and on file in the Office of the City dark, 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 fron any assessment to be made under these proceedings to cover any of the costs and expenses of said improvement and maintenance work. PIBLIC HEARING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 3RD DAY OF JUNE, 1985, AT THE H3UR OF 6:00 O 'CLOCK P.M., IN THE REGULAR MEETING OF THE Page 3 of 5 CITY COUNCIL, BEING TOE COUNCIL CHAMBERS, IS THE TIME AND PEACE 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, TO THE ANNEXATION OF ADDITIONAL TERRITORY, BY THOSE PROPERTY OWNERS AFFECTED HEREBY AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WTO 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 dark is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this C.ftiU.S'&ftB ^TQM.rt««H-Resolution in the •OOSiSMMBtt^^BEiaBk 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. SECTION 12. That the City derk is further directed to cause a copy of the Resolution of Intention to be posted upon the official bulletin board customarily used for the posting of notices. SECTION 13. That the City derk is further directed to nail by first class mail, postage prepaid, copies of this Resolution to all property owners who own property in the area proposed to be annexed, but who have not petitioned to waive the right to nailed notice, as set forth in Section 22557 of the Streets and Highways Code of the State of California, said nailing to be conpleted at least ten (10) days prior to said hearing date. Kt'FKCTIVE DATE SECTION 14. That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INQUIRIES SECTION 15. 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: Page 4 of 5 Roger W. Greer, Director of Utilities CITY CF CARLSBAD 1200 Elm .Avenue Carlsbad, California 92008 (619) 438-5621 APPROVED and ADOPTED this 21st day of May , 1985. MAYOR CITY OP STATE CF CALIFORNIA ATTEST: CITY CLERK ~T CITY OF CARLSBAD STATE OF CALIFORNIA Page 5 of 5 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 8023 vies duly passed, approved and adopted ty the City Council, approved and signed ty the Mayor, and attested ty the City derk, all at the regular meeting of said City Council held on the 21st day of May , 1985, and that the same ves passed and adopted ty the following vote: AYES: COUNCIIMEMBERS Casler, Lewis, Kulchin, Chick and Pettine NOES: CCUNCHMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS EXECUTED this 22nd day of May , 1985, at CARLSBAD, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA [SEAL]