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HomeMy WebLinkAbout1985-06-04; City Council; 8180-1; Street lighting districtCm JF CARLSBAD — AGENDA JILL MTG..6/4/85 U/M TITLE: STREET LIGHTING DISTRICT #1 DEPT. CITY CITY OLU Oce:a.a. Og O i RECOMMENDED ACTION: Council hold public hearing and receive public comments. No. fy**/-4? confirming assessment. ITEM EXPLANATION: Approve Resolution At the May 21st meeting, Council approved Resolution No. 8021 directing the Utilities & Maintenance Director to submit Engineer's Report. Council then approved Engineer's Report, Resolution No. 8022, Council approved Resolution No. 8023 setting public hearing. 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 main- taining 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. PROCEDURE: 1. Receive staff report. 2. Open public hearing and receive comments. 3. Close public hearing. 4. Approve Resolution No. FISCAL IMPACT: The FY 85-86 budget is $497,681, about $5,000 more than last year. The amount to be assessed property owners, however, will be about $45,000 less than last year. This is due to the City contribution and from the fund balance of the previous year. This results in a 12% reduction in assessments from last year. EXHIBITS : A. Engineer's Report and Diagram B. Order of Procedure C. Instruction Sheet D. Resolution No. ^6^^ 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 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. GREERC/ 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 ORDER CF PROCEDURE CITY CF CARLSBAD STREET LIGHTING DISTRICT NO. 1 PUBLIC HEARING DATE: June 4, 1985 STAFF: Present ENGINEER'S REPORT, general discussion of STREET LIGHTING DISTRICT NO. 1 CITY COUNCIL: See attached INSTRUCTION SHEET- PUBLIC HEARING. Adopt RESOLUTION CONFIRMING ASSESSMENT INSTRUCTION SHEET - PUBLIC HEARING CITY OF CARLSBAD STREET LIGHTING DISTRICT NO. 1 PUBLIC HEARING MAJORITY PROTEST: Any interested person may file a written protest with the City derk, 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 City Engineer, with a duplicate copy on file in the Office of the City derk 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, 1985, 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 ocrnmencing July 1, 1985, and ending June 30, 1986. Note that an annual updating of the proceedings will be required for each subsequent fiscal year to acccmplish the levy for the ensuing fiscal year. FUTURE EROCEEDINGS 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 for some time after the first of the year to begin the process. CHANGES AND EDDIFICATIONS AT HEARING Daring 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. Ihe 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 docunentation can be drafted. CERTIFICATE OF POSTING AND MAILING OF RESOLUTION OF INTENTION STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD I, ALETHA 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 undersigned did, on the day of , 1985, cause the Resolution of Intention to be posted pursuant to the provisions of Section 22626 of the Streets and Highways Code of the State of California. 2. That the Resolution of Intention was published pursuant to Section 6066 of the Government Code of the State of California, said publication being for one time per week for two weeks, with the publication completed at least ten (10) days prior to the date of the Public Hearing. 3. That the Resolution of Intention v\as mailed, first class mail, postage prepaid, to all property owners who own property in the area to be annexed, as set forth in Section 22557 of the Streets and Highways Code of the State of California. EXECUTED this day of , 1985, at CARLSBAD, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA INSTRUCTION SHEET CITY CF CARLSBAD STREET LIGHTING 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 6066 of the Government Code of the State of California; said publication shall be made one (1) time per week for two (2) weeks, and shall be completed at least TEN (10) days prior to the date scheduled for the Public Hearing. RESOLUTION OF INTENTION POSTING The CITY CLERK shall cause a copy of the RESOLUTION OF INTENTION to be posted on the official bulletin board customarily used for the posting of notices. RESOLUTION OF INTENTION MAILING The CITY CLERK shall cause a copy of the RESOLUTION OF INTENTION to be mailed to those property owners in the area to be annexed, as the name and address appears on the last equalized county assessment roll, by first class mail, postage prepaid. * * * * RESOLUTION NO. 8049 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CONFIRMING A DIAGRAM AND ASSESSMEOT AND PRO- VIDING FOR ANNUAL ASSESSMENT LEVY WHEREAS, the City Council has initiated proceedings for the annual levy of the assessments for a street lighting 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 Highv\ays Code of the State of California, in a district Known and designated as CITY OF CARLSBAD STREET LIGHTING DISTRICT NO. 1 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 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 FOLU^S: 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. SECTION 3. That this City Council hereby confirms the diagram and assessment as submitted and order the annual levy of the assessment for the fiscal year and in the anounts 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 assesanents and all other matters, as set forth in 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 anount of the Assessment and said assessment shall then tie 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 CLty. SECTION 8. That the City Treasurer has previously established a special fund known as the CITY OF CARLSBAD STREET LIGHTING 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 and accomplished as soon as said monies have been made available to said City Treasurer. 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 be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. APPROVED and ACCEPTED this 4th day of June, 1985 . MAYOR CITY OF STATE OF CALIFORNIA ATTEST: YJ CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA si ^ ^i. l\ /?^v^3fcr3^U*yw ,/-