HomeMy WebLinkAbout1987-06-02; City Council; 9000-1; Street Lighting District No. 1CARLSBAD — AGEND/»ILL
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TITLE:
STREET LIGHTING DISTRICT #1
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RECOMMENDED ACTION:
Council hold public hearing and receive public comments. Approve
Resolution No. 9/O */ confirming assessment.
ITEM EXPLANATION;
At the May 12, 1987 meeting, Council approved Resolution No. 9056^
directing the Utilities & Maintenance Director to submit Engineer's
Report. Council then approved Engineer's Report, Resolution No.
9066, and Resolution No. 9067 setting public hearing. The City
reformed the Street Lighting District under provisions of the
Landscaping and Lighting Act of 1972 five 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. The 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 87-88 Budget is $642,346, that is $112,856 more than last
year due to increased maintenance costs and an approximate 11%
increase in the number of city owned and maintained street lights
and the proposed replacement cost of the Department's boom truck.
The total amount to be assessed, however, will be $447,846 due to
the City's contribution and a fund balance transfer from last year.
EXHIBITS:
A. Engineer's Report and Diagram
B. Order of Procedure
C. Instruction Sheet
D. Resolution No. °ljO^j confirming assessment
E. Comparative Increases for Street Lighting Assessment District
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, or 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, 1987 to
June 30, 1988.
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 Utilities and
Maintenance Director and is available for public inspection.
Executed this day of
LAWRENCE W. WILLEY /
Acting Director, Utilities & Maintenance
City of Carlsbad
State of California
SCHEDULE FOR STREET LIGHTING MAINTENANCE
JULY 1, 1987 THROUGH JUNE 30, 1988
1. COST OF MAINTENANCE SERVICE:
a. Energy 328,300
b. Personnel 89,046
c. Loan Repayment 42,000
d. Incidentals 106,000
e. Capital Improvements (Boom Truck) 77,000
Subtotal: 642,346
City Contribution: 24,500
From Fund Balance 170,000
BALANCE TO ASSESSMENT 447,846
* Detail contained by FY 1987-88 approved budget — Fund 161-6210
1
ORDER OF PROCEDURE
CITY OF CARLSBAD
STREET LIGHTING DISTRICT NO. 1
PUBLIC HEARING DATE: June 2, 1987
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 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) 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 Clerk and
open for public inspection.
RESOLUTION CONFIRMING ASSESSMENT!1
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, 1987, 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 proceeding's, will relate to the fiscal
year commencing July 1, 1987, and ending June 30, 1988. 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.
7
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CERTIFICATE OF POSTING AND PUBLICATION
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 £*gfe^ _ , 1987,
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.
EXECUTED this ew2e^ day of x$3Z-<x _ , 1987, at CARLSBAD,
California.
CjTY
-CITY OF
STATE OF CALIFORNIA
4'
RESOLUTION NO. 9104
RESOLUTION 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 assessnents 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
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 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.
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SECTICN 5. That the adoption of this Resolution constitutes the levy of
the assessment for the fiscal year.
SECTION 6. That the estimates of exists, 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 vorks 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 2nd daY of June , 1987.
DR
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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