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Home My WebLink About1986-06-03; City Council; 8621-1; Street lighting districtUJ eg Q, Zo o oo CI1 OF CARLSBAD — AGEND BILL ^ AB# 8621-1 MTG. 6-3-86 DEPT.U/M TITLE: STREET LIGHTING DISTRICT #1 DEPT. HD^kV CITY KVT{\l^B- HITY MGR. 2^ RECOMMENDED ACTION: Council hold public hearing and receive public comments. Approve Resolution No. ^5~7/ confirming assessment. ITEM EXPLANATION; At the May 13, 1986 meeting, Council approved Resolution No. 8557 directing the Utilities & Maintenance Director to submit Engineer's Report. Council then approved Engineer's Report, Resolution No. 8558, and Resolution No. 8559 setting public hearing. The City reformed the Street Lighting District under provisions of the Landscaping and Lighting Act of 1972 four years ago. The District was first formed in 1972. The costs of maintaining the City's street lights are funded from assessments to each property owner based on benefit. Tnis 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. FISCAL IMPACT: The FY 86-87 Budget is $529,490, about $32,000 more than last year due to increased maintenance costs and an approximate 9% increase in the number of city owned and maintained street lights. The total amount to be assessed, however, will be $410,790 due to the City's contribution and the fund balance from last year. EXHIBITS: A. Engineer's Report and Diagram B. Order of Procedure C. Instruction Sheet D. Resolution No. <^5"1 / 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 & 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 & day of :ctor, Utilities & Maintenance City of Carlsbad State of California SCHEDULE FOR STREET LIGHTING MAINTENANCE JULY 1. 1986 THROUGH JUNE 30. 1987 1. COST OF MAINTENANCE SERVICE: a) Energy $ 328,783 b) Personnel 69,226 c) Loan Repayment 42,000 d) Incidentals 89,481 Sub-Total: $ 529,490 City Contribution 18,700 From Fund Balance 100,000 BALANCE TO ASSESSMENT $ 410,790 * Detail contained by FY 86-87 approved budget — Fund 120-6210 ORDER CF PROCEDURE CITY CF CARLSBAD STREET LIGHTING DISTRICT NO. 1 PUBLIC HEARING DATE: June 3, 1986 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 PLBLIC HEARING MAJORITY PROTEST: Any interested person nay 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) MDte by all members of the Council. If a majority protest does exist, I would recommend that the Hearing be continued for further consideration. ASSESSMENT BOLL 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 Clerk and open for public inspection. RESOLUTION CONFIBMING 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, 1986, 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, 1986, and ending June 30, 1987. Note that an annual updating of the proceedings will be required for each subsequent fiscal year to acconplish 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. We should all probably mark our calendars for some time after the first of the year to begin the process. CHANGES AND MODIFICATIONS AT HEARING EXjring the course of the Public Bearing, 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 docunentation can be drafted. 7 RESOLUTION NO. 8591 RESonrnoN OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CONFIRMING A DIAGRAM AND ASSESSMENT 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 Highways Code of the State of California, in a district known and designated as CITY OF CARLSBAD yiKELT 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 dTY 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. 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 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. Page 1 of 2 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 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 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 3rd day of June. 1986 . MAYOR i] CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA Page 2 of 2