HomeMy Public PortalAbout08) 7F Resolution 17-5264 Extending duration of Temple City-Camellia Lighting Maintenance DistrictDATE:
TO:
FROM:
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
June 20 , 2017
The Honorable City Council
Bryan Cook, Ci ty Manager
By : Tracey L. Hause , Director of Admin istrative Serv ices
AGENDA
ITEM ?.F.
SUBJECT: ADOPTION OF RESOLUTION NO. 17-5264 EXTENDING THE
DURATION OF THE TEMPLE CITY -CAMELLIA LIGHTING
MAINTENANCE DISTRICT
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No . 17-5264 (Attachment "A ")
extending the du ration of the Temple City -Camellia Lighting District for an additional
20 years .
BACKGROUND:
1. On September 2 , 1969 , the City Coun cil adopted Resolut ion No . 69-444 declaring its
intenti on to form a Lighti ng Maintenance Dist rict. The Resol ution further in dicated
the Lighting Maintenance District would have a d uration until January 1, 1990 .
2 . On December 21 , 1993 , the City Counci l adopted Resolut ion No . 93-3297
extend i ng retroactively t he Lighting Main te nance District for 1 0 years from January
1, 1990 to through 1999.
3 . On Ma rch 16 , 1999 , the City Counci l adopted Resolution No . 99-3 737, e xtend i ng
the Lighting Maintenance District for 20 years t hrough 2019 .
ANALYSIS:
The City Council did in 1969 by its Resol uti on of Intent No . 69-644 and subsequent
resolutions adopted and formed a Citywide 1919 Street Ligh t ing Improvement and
Maintenance District ("District") for the provision of street lighting w ith i n the City .
Furthe r, in 1969 the City Co u ncil, based on the recommendation of the then Engineer-
of-Work, estimated such du rati on to be fo r a period of 20 years . The City Counci l
extended the duration on two more occasions i n 1993 and 1999 , with the 1999 action
City Counci l
June 20, 2017
Page 2 of 2
extending the duration of the d istrict until 2019 . It is recommended the C ity Council
further extend the duration of the District by another 20 years by adopting Resolution
No. 17-5264.
Extension of the duration is necessary to ensure a continued revenue stream through
the collection Ad Valorem property taxes to support improvements , maintenance and
operations of the District. This programs provides comprehensive maintenance
services and electrical power required to operate the City's street lighting system . The
primary expense ($300 ,000 of the total budget of $359 ,930) is for electricity payable to
Southern California Edison. Further with the City's limited budget and the total cost of
lighting and street landscaping , including maintenance of the City's urban forest
consisting of approximately 5 ,500 trees in the City's right of way , public pa rks and
parking lots , extension of this District is recommended .
CITY STRATEGIC GOALS:
By adopting Resolution No . 17-5264, the City will further the Strategic Goal in
promoting Good Governance .
FISCAL IMPACT:
This action will ensure the City can continue to collect Ad Valorem property taxes for the
purpose for street lighting maintenance.
ATTACHMENTS:
A. Resolution No. 17-5264
ATTACHMENT A
RESOLUTION NO . 17-5264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY EXTENDING THE DURATION OF THE
"TEMPLE CITY -CAMELLIA LIGHTING DISTRICT"
FORMED PURSUANT TO RESOLUTION NO. 69-944
UNDER THE STREET LIGHTING ACT OF 1919
WHEREAS, the City Council did in 1969 by its Resolution of Intent No . 69-644 and
subsequent resolutions adopted and form a 1919 Street Lighting Improvement and
Maintenance D istrict ("Lighting District") for the provision of street lighting within the C ity ;
and
WHEREAS, the provisions of Streets & Highways Code § 18041 required the City
Council in 1969 to "estimate " the duration of such Lighting District; and
WHEREAS, in 1969 the City Council , based on the recommendation of the then
Engineer-of-Work, did in 1969 estimated the duration of the Lighting District to be for a
period of 20 years; and
WHEREAS, said 20-year estimate expired in 1989 or 1990; and
WHEREAS, pursuant to Streets & Highways Code § 18062, the City Council did
postpone the date of ending of the Lighting District by extending the original 20-year
period retroactively to January 1, 1990 for a 1 0 -year period through December 31 , 1999,
by Resolution 93-3296; and
WHEREAS , the City Counci l did further postpone the date of ending of the Lighting
District by extending the duration an additional 20-year period by Resolution No. 99-3737
through December 31 , 2019 ; and
WHEREAS, both the City and the County Tax Collector have through a course of
conduct continued to recogn ize such Lighting District, the County continu ing to forward
taxes to the City and the C ity having continued to expend the same for such Lighting
District now desires to further extend such district through 2039 ; and
WHEREAS , the City's desire to furth er extend the date of ending of the Lighting
District is based o n the need to continue the provision of street lighting with in the City, the
funding for which would not be availab le without continuance of the Lighting D istrict ; and
WHEREAS , the extension of the date of endi ng and continued funding of the
Lighting District is for "street" purposes and thus exempt from Proposition 218; and
WHEREAS , Temple City is a Charter City with full control over munici pal affairs
including the conduct of assessment districts ; and
WHEREAS , the case of Knox v . City of Orland (1992) establishes conclusively the
extended powers of cities over l ighting districts;
Re solution 17-5264
Pa ge 2 of 2
NOW THER EFORE, the City Council of the City of Temp le City does hereby
resolve as follows :
1. The Temple C ity-Camellia Lighting District established under the Act of
1919 by Resolution of Intent No . 69 -944 is hereby e xt ended for an add it ional
per iod of 20 years through 2039 , as a reasonable extens ion under §18062 , for al l
purposes by such act.
2 . In the event that further proceedings are necessary under§§ 18000 et seq
or Government Code §§ 54950 et seq , the City Manager or his des ignee is
d irected to undertake such proceedings forthwith .
PASSED , APPROVED AND ADOPTED ON THIS 2Q TH DAY OF JUNE 20 17 .
MAYOR
ATIEST: APPROVED AS TO FORM :
City Clerk City Attorney
I hereby certify that the foregoing resolution , Resolution No . 17 -5264 , was duly passed ,
approved and adopted by the City Council of the City of Temp le City at a regu lar meeting
held on the 20th day of June 2017 , by the following vote :
AYES : Councilmember:
NOES : Councilmember:
ABSENT : Councilmember:
ABSTAIN : Counci lmember:
City Clerk