HomeMy WebLinkAbout1986-05-13; City Council; 8621; Street Lighting District No. 1Q
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TITLE:
STREET LIGHTING DISTRICT #1
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CITY ATTY
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Utilities & Maintenance Director
RECOMMENDED ACTION:
1. Approve Resolution No.
to submit Engineer's Report.
2. Approve Resolution No. tfSS'o approving Engineer's Report.
3. Approve Resolution No. jfeZ"? setting Public Hearing.
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ITEM EXPLANATION;
The City reformed the Street Lighting District under provisions of the
Landscaping and Lighting Act of 1972 four years ago. The District had been
first formed in 1972. The costs of maintaining the City's 3,270 street lights
(2,536 city-owned and 723 SDG&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. EY 1986-87 will bring an approximate 17%
increase in the number of parcels assessed. A detailed listing will be
available at the Council meeting and specific assessments can be compared
at that time.
FISCAL IMPACT:
The FY 86-87 budget is about $32,000 more this year ($529,490 vs. $497,681)
due to general budget increases. The projected fund "'balance at the end of
FY 85-86 is $407,888. It is recommended, in the Engineer's Report, that
this fund balance be reduced by $100,000 and apportioned to FY 86-87
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 $32,000 more than FY 85-86 ($410,790 vs. $378,981).
EXHIBITS:
1.
2.
3.
4.
5.
Order of Procedure.
Resolution No.ordering preparation of plans, specifications,
cost estimates, diagrams and Engineer's Report.
Engineer's Report.
Resolution No. <fSSo approving Engineer's Report.
Resolution No. ^SS^ 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 13, 1986
STAFF: Present map showing the general boundaries
of the area proposed to be assessed, and
showing in general terras the works of
improvement to be maintained.
CITY COUNCIL: Adopt RESOLUTION ORDERING CITY ENGINEER
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;
A. Assessment of costs.
CITY COUNCIL: Adopt RESOLUTION APPROVING ENGINEER'S
"REPORT."
CITY COUNCIL: Adopt RESOLUTION OF INTENTION
* # * -X-
RESOLUTION NO. 8557
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
DISTRICT AND FOR THE ANNEXATION OF ADDITIONAL
TERRITORY TO SAID EXISTING DISTRICT
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 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, 1986, and ending June 30, 1987;
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
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.
NCW, 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 DISTRICT NO. 1
ANNUAL LEVY/ANNEXATION
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 maintenance work is set forth in the "Report" to be presented to this
City Council for consideration.
SECTION 4. That Roger Greer, 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
consideration pursuant to Sections 22623 and 22624 of said Streets and
Highways Code.
APPROVED and ADOPTED this 13th day of May , 1986.
MAYOR
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
Xz/t_^»~—i
Page 3 of 3
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
I, ALETHA RAOTENKRANZ, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution
No. 8557 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 meeting of said City Council held on the 13th day
of May , 1986, and that the same was passed and adopted by the
following vote:
AYES: COUNCILMEMBERS Casler, Lewis, Kulchin, Chick and Pettine
NOES: COUNCIIMEMBERS None
ABSENT: COUNCIIMEMBERS None
ABSTAIN: COUNCILMEMBERS None
EXECUTED this 14th day of May , 1986, at CARLSBAD,
California.
CITY CLERK
CITY OF CARLSBAD '
STATE OF CALIFORNIA
[SEAL]
RESOLUTION NO. 8558
RESOLUTION OF THE CITY COUNCIL APPROVING
THE ENGINEER'S "REPORT" FOR ANNUAL LEVY
OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT
WITHIN SAID CITY AND FOR THE ANNEXATION OF
ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
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 known and designated as
CITY OF CARLSBAD
STREET LIGHTING DISTRICT NO. 1
(hereinafter referred to as the "District"); an&,
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
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."
NOW, 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
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 13th day of May , 1986.
MAYOR {/
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
Page 2 of 2
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. 8558 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 meeting of said City Council held on the 13th day
of May , 1986, and that the same was passed and adopted by the
following vote:
AYES: COUNCIIMEMBERS Casler, Lewis, Kulchin, Chick and Pettine
NOES: COUNCIIMEMBERS None
ABSENT: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS
EXECUTED this 14th day of _ Kay _ , 1986, at CARLSBAD,
California.
i , L
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]
RESOLUTION NO. 8559
RESOLUTION OF THE CITY COUNCIL DECLARING
ITS INTENTION TO ORDER THE ANNEXATION OF
ADDITIONAL TERRITORY TO AN EXISTING DISTRICT
AND TO TO PROVIDE FOR AN ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTE-
NANCE LN 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 NO. 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.
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
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
approvements, all to serve and benefit said District as 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
1986-1987, 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 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 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
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 OF CARLSBAD
STREET LIGHTING 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 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
improvement and maintenance work.
PUBLIC HEARING
SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 3RD DAY OF
JUNE, 1986, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGUIAR MEETING OF THE
Page 3 of 5
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, TO THE
ANNEXATION OF ADDITIONAL TERRITORY, BY THOSE PROPERTY OWNERS AFFECTED HEREBY
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, pursuant to Government Code Section 6066, a copy of this
Resolution in the Carlsbad Journal > 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 Clerk 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 Clerk is further directed to mail 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 mailed notice, as set forth in Section 22557
of the Streets and Highways Code of the State of California, said mailing to
be completed at least ten (10) days prior to said hearing date.
EFFECTIVE 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 OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
(619) 438-5621
APPROVED and ADOPTED this 13th day of MaY _ , 1986.
/
MAYOR /
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
(L
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
Page 5 of 5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
Ir ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution
No. 8559 _ 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 meeting of said City Council held on the 13th day
of Efcy _ , 1986, and that the same was passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS Casler, Lewis, Kulchin, Chick and Pettine
COUNCILMEMBERS None
COUNCILMEMBERS None
COUNCILMEMBERS None
EXECUTED this
California.
14th day Of Carlsbad 1986, at CARLSBAD,
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]
^ 0
AGENCY: CITY OF CARLSBAD
PROJECT: STREET LIGHTING DISTRICT NO. 1
TO: CITY COUNCIL
CITY OF CARLSBAD
STATE OF CALIFORNIA
REPORT.vOF THE ..UTILITIES .& MAINTENANCE 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, 1986 to
June 30, 1987.
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
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 & Maintenance Director
•;.'.". and .is:.available for public inspection.
Executed this &T '. -day .'of.
R0
DjyTector, Utilities & Maintenance
City of Carlsbad
State of California
f
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 J3"t' day of YY)ft y _ , 1986,
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 was 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, excluding those who specifically waived the right to notice.
EXECUTED this £ 7 day of ^1 O~i _ , 1986, at CARLSBAD,
Cal if ornia . /
^CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
INSTRUCTION SHEET
CITY OF 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.- ~>
* * * *