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HomeMy WebLinkAbout1988-05-17; City Council; 9439; Street lighting districtOF CARLSBAD - AGENf~ BILL MTG. 5/17/88 PEPT. U/M & P/R TITLE: STREET LIGHTING DISTRICT #1 AND PROPOSED INCLUSION OF LANDSCAPING PORTION OF THE LANDSCAPING AND LIGHTING ACT OF 1972 DEPT. HD. CITY ATTY CITYMG o§ o oo RECOMMENDED ACTION: 2 3 Approve Resolution No. %K~)(*O directing Utilities & Maintenance Director to submit Engineer's Report. Approve Resolution No. Sy- /f» / approving Engineer's Report. Approve Resolution No.setting Public Hearing. ITEM EXPLANATION The City reformed the Street Lighting District under provision of the Landscaping and Lighting Act of 1972 five years ago. The District had been first formed in 1972. The costs of maintaining the City's 4047 street lights (3329 city-owned and 718 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. FY 1988-89 will bring an approximate 11% 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. Presented also is a request for Council to approve in principle funding street tree maintenance and median landscape maintenance services through the landscaping portion of the 1972 Act. Details are contained in the third portion of the Engineer's Report. Adopting the resolutions as recommended does not commit the Council to fund street tree and median landscape maintenance services through assessments, rather, the Council simply retains the authority to consider the proposal at a noticed public hearing. FISCAL IMPACT The FY 1988 -89 street lighting budget is $589,380 this year. The projected fund balance at the end of FY 87-88 is $172,561. It is recommended in the Engineer's Report that this fund balance be reduced by $50,000 and apportioned to FY 1988-89 expenditures. The fund balance includes energy deposits for new developments and provides for four month's operations. The amount to be assessed this year is $67,034 more than FY 87-88 ($514,880 vs. $447,846) due to an 11% increase in annexed parcels . Proposed fiscal impact of street tree maintenance and median landscape maintenance is detailed in portion three of the Engineer ' s Report . Page 2 of AB# EXHIBITS 1. Order of Procedure 2. Resolution No. %"$*"~H* O ordering preparation of plans, specifications, cost estimated, diagrams and Engineer's Report 3. Engineer's Report 4. Resolution No. yy—/& / approving Engineer's Report 5. Resolution No. ^iT-/& a. 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 STAFF:General presentation of boundary map showing the parcels and land to be assessed. CITY COUNCIL:Adopt RESOLUTION INITIATING PROCEEDINGS AND ORDER ENGINEER.'S "REPORT": Formal action of the City Council ordering the prepa- ration of the required Engineer's "Report". STAFF:Presentation of Engineer's "Report", consisting of: A. Plans and specifications describing the general nature, loca- tion and extent of the existing improvements and proposed improveme nt s B. Cost estimate C. Assessment diagram D. Assessment roll CITY COUNCIL:Adopt RESOLUTION PASSING ON "REPORT" AND SETTING PUBLIC HEARING: Formal action approving "Report" of Engineer. CITY COUNCIL:Adopt RESOLUTION OF INTENTION: Jurisdictional Resolution under "1972 Act" proceedings, declaring intent to order additional improvements and the annual levy of assessments and setting public hearing. JUNE 7, 1988:PUBLIC HEARING TO CONSIDER ANNUAL LEVY OF ASSESSMENTS AGENCY: CITY OF CARLSBAD PROJECT: EXISTING STREET LIGHTING DISTRICT NO. 1 AND THE PROPOSED INCLUSION OF STREET TREE AND MEDIAN LANDSCAPE MAINTENANCE TO THE 1972 LANDSCAPE AND LIGHTING DISTRICT ACT ENGINEER'S REPORT Pursuant to direction from the City Council, submitted herewith is the "Report", consisting of the following documents pursuant to the provisions 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 street lighting improvements to be maintained for the ensuing twelve-month period, being for July 1, 1988 to June 30, 1989. 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 dimension 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. 3. PROPOSED INCLUSION of street tree and median landscape maintenance. BACKGROUND Experience in recent years has indicated that general fund revenues may not be sufficient to adequately fund city operations in future years. Accordingly, staff has been evaluating city services to determine those services that could/should be funded through revenue sources other than general fund revenues. Street tree maintenance and median landscape maintenance service provided by the City are of benefit to a certain number of properties. In the case of street tree maintenance, a portion of the parcels in the City benefit from the service while many parcels in the City receive no benefit. In the case of median landscape maintenance, all parcels in the City benefit with some parcels benefiting to a greater degree. As a result of the benefit issue, these services may be appropriate for funding through special assessments. STREET TREE MAINTENANCE Street tree maintenance services are provided to the older portion of the City lying generally east and west of 1-5 and north of Aqua Hedionda Lagoon and to a significant portion of the La Costa area in South Carlsbad, street tree maintenance service areas are shown in the attached Exhibit A. Limited funding in recent years has caused the street tree maintenance program to change from a fully planned, preventive maintenance program to that of a service which responds primarily to citizen complaints. Funds for street tree maintenance have remained constant yet the demand for service, as well as the number of trees, has increased significantly over the last 5 years. As a result, street trees have deteriorated in quality due to the lack of planned, scheduled maintenance and pruning. Diseased and pest infested trees are not promptly treated, have died and had to be removed. At the present time, the annual cost of street tree maintenance is $235,000. To restore the street tree maintenance program to a quality level of scheduled maintenance, as well as responding to citizen requests, will require a initial first year budget of $410,000. The major increase would be for capital equipment costs of $117,000. The equipment costs could be spread over a 5 year period reflecting an annual budget of $326,000 or approximately 39 percent more than is presently provided. This increase will restore the program to a quality level of scheduled maintenance and provide for: a programmed Street Tree Maintenance system where by every tree in the City is pruned on a 5 to 7 year turn around basis depending on species and size. In addition, all emergency tree problems and citizen requests will continue to be addressed daily without disruption of the scheduled program. To address the issue of assessment of benefit, provide a stable source of funding and restore the program to a meaningful level of service, staff recommends that funding for the Street Tree Maintenance Program be provided through assessments levied by the 1972 Landscaping and Lighting Act District. MEDIAN LANDSCAPE MAINTENANCE SERVICES Street Median Landscape Maintenance Services are/or will be provided to landscaped medians in Palomar Airport Road, Rancho Santa Fe Road, El Camino Real, College, Melrose, Alga, Poinsettia, Elm, Carlsbad BLvd, Paseo del Norte, La Costa Avenue, as well as landscaping in the Redevelopment area. (Please see attached Exhibit "B") For fiscal year 1987-88, the Median Landscape Maintenance Program is funded at $65,000. This amount is approximately equal to what has been budgeted the last 3 years. The number of medians with landscaping has increased 100 percent over the previous fiscal year, with additional medians planned for the future. The increased demands created by additional landscaped medians has resulted a lower level of maintenance. Weed removal, irrigation repairs, fertilizing, trimming, and pruning are presently performed below the departments adopted standards thereby resulting in a decreased quality in the appearance of the medians. Reduced maintenance schedules also result in poor water management since irrigation system irregularities are not quickly identified and repaired. To provide the quality level of maintenance expected by the residents of Carlsbad an annual budget of $96,000 will be required to adequately fund the median landscape maintenance program in fiscal year 1988-89. The new program will insure clean, neatly maintained medians through the following operations: A. Weekly scheduled cleaning, including litter removal B. Weekly maintenance including trimming and weed removal c. Plant replacement as needed. D. Fertilizer applicants twice annually E. Pre-emergent herbicide applications, 3 times per year F. Growth retardants and proper insecticides when required G. Close monitoring of irrigation systems and renovation of older systems to more efficient drip irrigation. The above program will deliver a first class product. The annual budget of $96,000 represents a 48% increase over current year allocations. City of Carlsbad development requirements provide for the improvement of all medians on prime arterials within the City. At the present time, staff is maintaining 11 miles of median landscaping. If City policy is followed, it is likely that as much as 30+ miles of median will require maintenance at buildout. Thus, it appears that demand for Median Maintenance Services will be increasing while revenues will remain the same or decrease in future years. Median Maintenance Services benefit all residents and property owners of the City of Carlsbad. However, it is obvious that properties that front directly upon streets that have improved and maintained medians benefit to a greater extent than those properties which front on streets. To address the issues of stable funding and assessment of appropriate benefit, staff is recommending that the Median Landscape Maintenance Program be funded through benefit assessments levied by the 1972 Landscaping and Lighting Act District. BENEFIT ASSESSMENT METHODOLOGY Street Tree Maintenance - Street trees are in the street right- of-way, generally between the curb and sidewalk in front of parcels in the area indicated in Exhibit "A". Each property receives approximately the same benefit, therefore, staff proposes a benefit formula in which each parcel is given an equivalent dwelling unit (EDU) based on the average size of a single family residential lot in the City of Carlsbad (7,500 square feet or .17 acres). Thus, each single family parcel is given an EDU of 1, while most other parcels are given an EDU based on the formula: Acreage = EDU .17 Using this EDU basis, the proposed annual budget of $410,000 would result in an approximately annual assessment of $27.00 per single family residence. Staff recommends that this assessment be phased in over a three-year period. A three-year phase in would result in a first year assessment of $9.00 per single family residential parcel for FY 88-89. In the third year, each parcel would bear its share of the full cost of the service or $27.00. Median Landscape Maintenance - This service generally benefits all parcels and residents in the city. Accordingly, all parcels should share in the cost. However, parcels which front upon streets which receive median landscape maintenance services generally receive more benefit from the landscape improvements than other parcels. It is difficult to ascertain precise benefit, however, staff believes that parcels fronting on the streets benefit at least twice as much as other parcels. Therefore, staff recommends that all parcels in the City share in the cost of median landscape maintenance using the same EDU formula proposed for Street Tree Maintenance and that those parcels which front on streets with landscaped medians be assessed twice the amount of those parcels that do not front on the streets. Using the above formula to assess the costs of the proposed budget would result in an assessment of $3.00 for single family parcels which do not front on the streets. A commercial/industrial parcel of one (1) acre, fronting on Palomar Airport Road would be assessed approximately $17.00. Single family parcels which "back" on to the street are assessed the same as parcels which do not front on the street, or $3.00. Staff also recommends that this assessment be phased in over a three-year period. A three-year phase in would result in a first year assessment of $1.00 for parcels fronting on the street and $5.70 for the example commercial/industrial one (1) acre parcel fronting on the street with a landscaped median. In the third year, each parcel would bear its share of the full cost of the service or $3.00 and $17.00, respectively. The assessment cost estimates indicated above are based on the number of parcels and actual land uses that existed in 1987-88 and 1988-89 funding levels intended to restore the two programs to a fully functional level. Changes to the number of parcels, land uses and program funding will affect the estimated assessment amounts. Estimated assessments are displayed in Exhibit "C". STf^EELT SCHEDULE FOR STREET LIGHTING MAINTENANCE JULY 1, 1988 THROUGH JUNE 30, 1989 1. COST OF MAINTENANCE SERVICE: A. Energy 364,400.00 B. Personnel 109,519.00 C. Incidentals 115,461.00 Subtotal: 589,380.00 City Contribution: 24,500.00 From Fund Balance 50,000.00 BALANCE TO ASSESSMENT 514,880.00 *Detail contained by FY 1988-89 approved budget -- Fund 161-6210 EXH\B\T SCHEDULE FOR STREET TREE MAINTENANCE PROPOSED JULY 1, 1988 THROUGH JUNE 30, 1989 COST OF MAINTENANCE SERVICE: Maintenance and Operations $ 271,000 Capital 22,000 Subtotal $ 293,000 City Contributions (157,000) NET AMOUNT TO BE ASSESSED $ 136,000 SCHEDULE FOR MEDIAN LANDSCAPE MAINTENANCE PROPOSED JULY 1, 1988 THROUGH JUNE 30, 1989 COST OF MAINTENANCE SERVICES: Maintenance & Operations $ 76,000 Capital -0- Subtotal $ 76,000 City Contributions $ (44,000) NET AMOUNT TO BE ASSESSED $ 32,000 1 RESOLUTION NO. 88-160 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 FOR A SPECIAL MAINTENANCE DISTRICT 5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, 6 CALIFORNIA, has previously formed a special maintenance district 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARLSBAD, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDER- ING THE PREPARATION OF AN ENGINEER'S "REPORT" pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as CITY OF CARLSBAD, STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "Maintenance District"); and, WHEREAS, at this time the 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 annual costs for maintenance of improvements within the Maintenance District. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2. That the public interest and convenience requires, and it is the intention of this legislative body to initiate proceedings to for the annual levy and collection of special assessments for the payment of annual maintenance within the Maintenance District. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 REPORT OF ENGINEER SECTION 3. That this improvement is hereby referred to VIRGINIA McCOY, ELECTRICAL OPERATIONS SUPERVISOR, who is hereby directed to make and file the "Report" generally containing the following : A. Plans and specifications describing the general nature, location and extent of the existing improvements; B. An estimate of the cost of the maintenance for the works of improvement for the Maintenance District for the referenced fiscal year; C. A diagram for the Maintenance District, showing the area and properties proposed to be assessed; D. An assessment of the estimated costs of the maintenance, assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the benefits received. SECTION 4. That upon completion of the preparation of said "Report", the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. FISCAL YEAR SECTION 5. That the above "Report" shall include all costs and expenses of said maintenance relating to the fiscal year commencing July 1, 1988 and ending June 30, 1989. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 17th day of May , 1988, by the following vote, to wit: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None C*LAUDE A. LEWIS, Mayor ATTEST: ^L ALETHA L. RAUTENKRANZ, City/Clerk (SEAL) RESOLUTION NO. 88-161 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, did, by previous Resolution, initiate proceedings and ordered the preparation of an Engineer's "Report" for the annual levy of assessments within a special maintenance district, said special maintenance district known and designated as CITY OF CARLSBAD, STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "Maintenance District"); and, 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 works of improvement 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. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. That the "Report" as presented, consisting of the following: A. Plans and specifications describing the general nature, location and extent of the improvements B. Estimate of cost, including the amount of the annual installment for the forthcoming fiscal year C. Diagram of the Maintenance District D. Assessment of the estimated cost is hereby approved on a preliminary basis, and is ordered to 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". PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 17th day of May , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None LAUDE A. "LEWIS, Mayor ATTEST: . (\ ALETHA L. RAUTENKRANZ^City Cl\rk (SEAL) RESOLUTION NO. 88-162 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as CITY OF CARLSBAD, STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "Maintenance District"); and, WHEREAS, at this time the 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 annual costs for maintenance of improvements within the Maintenance District; and, WHEREAS, 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 continuing with the proceedings for said annual levy. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2. That the public interest and convenience requires, and it is the intention of this legislative body, to n BOUNDARIES OF MAINTENANCE DISTRICT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 undertake proceedings for the annual levy and collection of assessments to pay the costs and expenses for the maintenance of the improvements for the above-referenced Maintenance District, said improvements generally described as follows: The maintenance of certain street lighting improvements as set forth and described in the Engineer's "Report", which is on file in the Office of the City Clerk. SECTION 3. That said works of improvement are of direct benefit to the properties within the boundaries of said Mainte- nance District, which Maintenance District the legislative body previously declared to be the area benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER SECTION 4. That the "Report" of the Engineer, as prelimi- narily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the works of improvement, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC HEARING , SECTION 5. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 7TH DAY . OF JUNE, 1988, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING K PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL,O ,, IS THE TIME AND PLACE FIXED BY THIS LEGISLATIVE BODY FOR HEARINGD PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESS- 8 7 MENTS AND TO ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING. NOTICE SECTION 6. That the City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published one (1) time in the Carlsbad Journal* a newspaper of general circulation within said City; said publication to be completed not less than ten (10) days prior to the date set for the public hearing. PROCEEDINGS INQUIRIES SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: VIRGINIA MCCOY ELECTRICAL OPERATIONS SUPERVISOR CITY OF CARLSBAD 2075 LAS PALMAS CARLSBAD, CA 92008 TELEPHONE: (619) 438-7753 of Carlsbad at its regular meeting held on the 17th day of May , 1988, by the following vote, to wit: 1 PASSED, APPROVED AND ADOPTED by the City Council of the City 2 3 4 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 5 NOES: None 6 ABSENT: None 7 8 9 10 CLAUDE A. LEWIS, Mayor ATTEST: J.11 ALETHA L. RAUTENKRANZ, CityJ^lerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28