HomeMy WebLinkAbout1989-05-23; City Council; 10048; Street lighting districtCl OF CARLSBAD — AGENL-M BILL
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TITLE- STREET LIGHTING DISTRICT #1 AND PROPOSED
" INCLUSION OF LANDSCAPING PORTION OF THE
LANDSCAPING AND LIGHTING ACT OF 1972
DFPT. Hd&d2{
CITY ATTY\jf2O
CITY MQR. ^M^
RECOMMENDED ACTION:
1. Approve Resolution No. ??~/6 k directing the Utilities and Maintenance
Director to submit the Engineer's Report.
2. Approve Resolution No. 7^-747 approving the Engineer's Report.
3. Approve Resolution No. /^-/^setting the Public Hearing.
ITEM EXPLANATION:
The cost of operating and maintaining the City's 4047 street lights is
financed through assessments levied by the City of Carlsbad Street Lighting
and Landscaping District #1. The "District" was formed in 1983 according to
provisions of the Streets and Highways Code, known as the Landscaping and
Lighting Act of 1972. Assessments are apportioned to each parcel in the City
based on benefit. The attached Order of Procedure describes the process
required for the annual levy of assessments.
In addition to street lighting, the District will, for the first time, levy
assessments in 1989-90 for landscape maintenance. The services to be
provided are street tree and median landscape maintenance, as approved by the
Council on December 6, 1988. On that date, Council considered and approved
in principle a staff recommendation to finance the cost of street tree and
median landscape maintenance services through the "District", and phase in
the cost over a three (3) year period.
Also proposed for the first time, is a zone to provide for maintenance of
landscaping in the Aviara Development. The developers of Aviara propose to
install landscaping in excess of City standards, thereby requiring a separate
zone to assess costs which will be unique to this development.
The attached resolutions and Engineer's Report contain a complete description
of the street lighting and landscape maintenance service to be provided.
FISCAL IMPACT:
The FY1988-89 street lighting budget is $633,582 this year. The projected
fund balance at the end of FY88-89 is $432,193. It is recommended in the
Engineer's Report that this fund balance be reduced by $60,000 and
apportioned to FY1989-90 expenditures. The fund balance includes energy
deposits for new developments and provides for four (4) month's operations.
The amount to be assessed this year is $2,702 more than FY88-89 ($517,582 vs.
$514,880) due to a six percent (6%) increase in annexed parcels.
The street tree and median landscape budget is $355,000. This cost is
proposed to be funded by assessments levied by the landscaping zone, such
assessments to be phased in over a three (3) year period. For the first
year, it is recommended that funding for the program be derived from both the
General Fund ($155,000) and the Assessment District Zone ($200,000). This
proposed assessment will increase assessments to the average single family
PAGE 2 OF AB#
residential parcel by $1.26 a year in the case of median landscape
maintenance, and $11.80 a year for street tree maintenance. A single family
residential parcel benefitting from both street tree and median landscape
services would realize an assessment increase of $13.06. These increases are
partially offset by slight reductions in the average assessment for street
lighting.
The proposed "Aviara Landscaping" zone will provide a mechanism for assessing
the cost of future landscape maintenance in the Aviara development. For
FY89-90, only the administrative costs of zone formation are proposed to be
accessed. These costs are estimated to be $6,000 and will be borne by
property owners in the Aviara zone, principally Hillman Properties.
EXHIBITS:
1. Order of Procedure
2. Resolution No. tfl - It* 6> order i nq preparation of plans, specifications, cost
estimated, diagrams and Engineer's Report
3. Engineer's Report
4. Resolution No. %*}-l(*7 approving Engineer's Report
5. Resolution No. jp"?-/4Ksettinq public hearing for City of Carlsbad Street
Lighting and Landscaping District No. 1
ORDER OF PROCEDURE
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
DATE OF MEETING:MAY 23, 1989
STAFF:General presentation of boundaries of Maintenance Distirict and
extent of improvements to be maintained.
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 the following:
A. Plans and specifications describing the general nature, loca-
tion and extent of the improvements to be maintained
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 annual levy of
assessments and setting public hearing.
DATE OF PUBLIC HEARING: JUNE 13, 1989
1
RESOLUTION NO. 89-166
2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDER-
4 ING THE PREPARATION OF AN ENGINEER'S "REPORT"
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 pursuant to the terms of the "Landscaping and Lighting Act of
8
1972", being Division 15, Part 2 of the Streets and Highways
9
Code of the State of California, said special maintenance
10 district known and designated as STREET LIGHTING AND LANDSCAPING
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DISTRICT NO. 1 (hereinafter referred to as the "Maintenance
12
District"); and,
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WHEREAS, at this time the City Council is desirous to take
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proceedings to provide for the annual levy of assessments for
15
the next ensuing fiscal year to provide for the annual costs for
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maintenance of improvements within the Maintenance District.
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NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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RECITALS
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SECTION 1. That the above recitals are all true and
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correct .
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DECLARATION OF INTENTION
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SECTION 2. That the public interest and convenience
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requires, and it is the intention of this legislative body to
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initiate proceedings for the annual levy and collection of
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special assessments for the payment of annual maintenance and/or
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servicing costs within the Maintenance District.
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The proposed new improvements to be maintained
and serviced are generally described as follows:o
The maintenance of certain additional street4
lighting improvements, and the commencement of the maintenance5
of certain street trees and median landscaping improvements as6
set forth and described in the Engineer's "Report", which is
hereby ordered to be kept on file and open for public inspection8
in the Office of the city Clerk
i/
REPORT OF ENGINEER
.. _ SECTION 3. That this improvement is hereby referred to the
ELECTRICAL OPERATIONS SUPERVISOR, UTILITY/MAINTENANCE DEPARTMENT-L (Zi
who is hereby directed to make and file the "Report" generallyJ_o
_ . containing the following:
__ 1. Plans and specifications describing the
-L 0
_- general nature, location and extent of the improvements to beJ.D
-. ~ maintained;
,0 2. An estimate of the cost of the maintenanceJ.O
and/or servicing of the improvements for the Maintenance
District for the referenced fiscal year;
3. A diagram for the Maintenance District,
pp showing the area and properties proposed to be assessed;
p., 4. An assessment of the estimated costs of the
maintenance and/or servicing, assessing the net amount upon all
assessable lots and/or parcels within the Maintenance District
in proportion to the benefits received.
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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 4. That the above "Report" shall include all costs
and expenses of said maintenance and/or servicing relating to
the fiscal year commencing July 1, 1989 and ending June 30,
1990.
SPECIAL COUNSEL SERVICES
SECTION 5. That BROWN & DIVEN, Attorneys at Law, is hereby
appointed Special Counsel for the purpose of preparing all
documents and attending all meetings as requested by the City
for these proceedings, and for said services Special Counsel
shall be paid a fee based upon an hourly rate of $105.00 per
hour, up to a maximum aggregate amount of $3,500.00.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the 23rd day
of May , 1989, by the following vote, to w,t:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mayor
ATTEST:
ALfcTHA Lx/ RAfoTENjrRANZ , City Clerk
cKAREN R. KUNDTZ, Deputy City Clerk
(SEAL)
ENGINEERS REPORT
AGENCY: CITY OF CARLSBAD
PROJECT: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
ENGINEERS REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972"
WHEREAS, this City Council has previously formed STREET LIGHTING
AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the
"District") and has levied assessments within the District for
prior fiscal years, all pursuant to the "Landscaping and Lighting
Act of 1972", being Division 15, Part 2 of the Streets and Highways
Code of the State of California, commencing with Section 22500
(hereinafter referred to as the "Act"); and
WHEREAS, this City Council has previously adopted a Resolution
ordering the preparation and filing of an Engineer's "Report", all
in accordance with the provisions of the Act.
WHEREAS, at this time there has been filed as a part of the
"Report", certain plans and specifications for the maintenance of
the improvements, an estimate of the costs of maintenance, a
diagram of the District, and an assessment roll containing a spread
of the estimated costs of maintenance within the District, all as
required by the Act and as previously ordered by this City Council.
NOW, THEREFORE, pursuant to the direction from this City Council,
this "Report: is hereby submitted to this City Council pursuant to
the provisions of the Act. This "Report" is applicable for the
fiscal year commencing July 1, 1989 to June 30, 1990 (hereinafter
referred to as the "Fiscal Year"). This report is prepared in 3
parts (Street Lighting, Landscaping and Aviara), each of which
consists of the following 4 sub-parts:
Part I. PLANS AND SPECIFICATIONS for the maintenance and/or
servicing of the improvements during the Fiscal Year.
The plans and specifications show and describe the
general nature, location and extent of the existing and
proposed improvements to be maintained and/or serviced
during the Fiscal Year. The plans and specifications
also indicate the class and type of improvements to be
maintained and/or serviced for each zone within the
District.
Part II. AN ESTIMATE OF THE COSTS of the maintenance and/or
servicing of the improvements for the Fiscal Year. The
estimate includes the total cost of maintaining and/or
servicing the improvements, (including all incidental
expenses), the amount of any surplus or deficit in the
improvement fund to be carried over from the prior fiscal
year, if any, the amount of any contributions to be made
from sources other than assessments levied pursuant to
the Act, the amount, if any, of the annual installment
for the Fiscal Year, and the net amount to be assessed
upon assessable lots within the District.
Part III. A DIAGRAM of the District. The Diagram shows the
exterior boundaries of the District, the boundaries of
any zones within the District, and the lines and
dimensions of each lot or parcel within the District.
Each parcel is identified by a distinctive number or
letter. The lines and dimensions of each lot conform to
those shown on the County Assessor's map for the Fiscal
Year.
Part IV. AN ASSESSMENT SCHEDULE showing the net amount to be
assessed upon assessable lands within the District,
describing each assessable lot or parcel within the
District by reference to the Parcel numbers contained on
the County Assessment Roll, and assessing the net amount
upon all assessable lots or parcels by apportioning the
net amount among the several accessible lots or parcels
in proportion to the benefits to be received by each lot
or parcel.
All lots and parcels of land known as public property,
as defined under Section 22663 of the Act, have been
omitted and are exempt from any assessment under these
proceedings.
Executed this O dav ofQ^y 198^)
California.
VIRGINIA MC COY, ELECTRICAL OPERATIONS
SUPERVISOR
\0\\Qt
ENGINEER^QF WORK
CITY OFCABLSBAD
STATE OF~~CALIFORNIA
STREET LIGHTING
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, of the Streets and Highways Code of the State of
California, and specifically Section 22500 et. seq., the Landscaping and
Lighting Act of 1972.
PART I. PLANS AND SPECIFICATIONS
The plans and specifications for the maintenance and/or servicing of the
street lighting improvements during the Fiscal Year are on file in the Office
of the Utilities & Maintenance Director, available for public inspection, and
incorporated herein by this reference as though set forth in full. Said
plans and specifications show and describe the general nature, location and
extent of the existing and proposed improvements to be maintained and/or
serviced during the Fiscal Year. The plans and specifications also indicate
the class and type of improvements to be maintained and/or serviced for each
zone within the District.
PART II. ESTIMATE OF COSTS
An estimate of the costs of the street lighting improvements to be maintained
for the ensuing twelve-month period, being for July 1. 1989 to June 30. 1990.
PART III. DIAGRAM
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
as Exhibit "A". A detailed diagram is maintained in the office of the
Utilities and Maintenance Director and is available for public inspection.
PART IV. ASSESSMENT SCHEDULE
JULY 1, 1989 THROUGH JUNE 30, 1990
1. COST OF MAINTENANCE SERVICE:
A. Energy $ 386,300.00
B. Personnel 118,582.00
C. Incidentals 128,700.00
Subtotal $ 633,582.00
For Services To Other Depts. $ 28,000.00
City Contributions: 28,000.00
From Fund Balance: 60,000.00
BALANCE TO ASSESSMENT $ 517,582.00
*Detail contained by FY1989-90 approved budget -- Fund 161-6210
METHOD AND FORMULA OF ASSESSMENT SPREAD
Within the Street Lighting Assessment District boundaries are the following
five zones:
1. Zone A - street lights at intersections only (wood poles, SDG&E owned
and maintained)
2. Zone B - street lights at mid-block (SDG&E owned and maintained)
3. Zone C - City owned and maintained street lights on ornamental poles
4. Zone D - SDG&E owned and maintained street lights on ornamental poles
5. Non-benefiting Zone - undeveloped property, not assessed
Within zones B, C, and D, are several codes. The code being the area/areas
developed at the same time and containing the same City standard of street
light spacing.
The assessment to parcels within any one code will be assessed by one of the
following two methods:
1. Residential parcels - pay equal shares of the energy and maintenance
costs of the street lights within their code
2. Commercial and Industrial parcels - share the cost of the energy and
maintenance of the street lights within their code based on the front
footage percent of the area of the code
BENEr ITING PARCELS
NON-BENEFITING PARCELS
STREET LIGHTING
&*'
LANDSCAPING AND LIGHTING
DISTRICT NO. I
EXHIBIT "A"
LANDSCAPING
PART I. PLANS AND SPECIFICATIONS
The plans and specifications for the maintenance and/or servicing
of the improvements during the Fiscal Year are on file in the
Office of the Utilities & Maintenance Director, available for
public inspection, and incorporated herein by this reference as
though set forth in full. Said plans and specifications show and
describe the general nature, location and extent of the existing
and proposed improvements to be maintained and/or serviced during
the Fiscal Year. The plans and specifications also indicate the
class and type of improvements to be maintained and/or serviced for
each zone within the District.
PART II. ESTIMATE OF COSTS
The total costs for maintenance and/or servicing of the
improvements during the next Fiscal Year, existing and/or proposed
is as set forth in Exhibit B attached to this "Report" and
incorporated herein by this reference as though set forth in full.
The amount of any surplus or deficit in the Improvement Fund to be
carried over from the prior fiscal year, is $ 0 .
The amount of any contributions to be made to the Improvement Fund
from any sources other than assessments levied pursuant to the Act
is $ 155.000 from the general fund.
The net amount to be assessed upon assessable lands within the
District, being the total improvement costs, as referred to above,
increased or decreased the case may be, by any surplus, deficit,
contribution, or annual installment is 1. Tree Trimming $ 154.000.
2. Medians $ 46fOOO.
PART III. DIAGRAM
A diagram for the District showing (a) the exterior boundaries of
the District, (b) the boundaries of any zones within the District,
and (c) the liens and dimensions of each lot or parcel of land
within the District, is attached hereto as Exhibits "C" & "D". The
Diagram identifies each lot or parcel by a distinctive number or
letter, which number or letter is correlated with the parcel number
contained on the County Assessment Roll in Part IV of this "Report"
entitled "Assessment Schedule". For a detailed description of the
lines and dimensions of any lot or parcel, reference is hereby made
to the County Assessor's maps, which maps shall govern for all
details concerning the lines and dimensions of such lots or
parcels.
PART IV. ASSESSMENT SCHEDULE
I, the appointed ENGINEER OF WORK, by virtue of the power vested
pursuant to the "Landscaping and Lighting Act of 1972", being
Division 15, Part 2, of the California street and Highways Code,
commencing with Section 22500, and by order of the legislative
body, hereby make the following assessment to cover the estimated
costs and expenses of the maintenance work for the improvements
within STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 for the
Fiscal Year commencing on the 1st day of July, 1989 and ending on
the 30th day of June, 1990. Said costs and expenses are generally
as follows:
COST OF MAINTENANCE
Tree Trimming $ 275,000
Medians $ 80.000
TOTAL COSTS $ 355.000 Total Budget
SURPLUS/(DEFICIT) $ 0
CONTRIBUTIONS $ 155.000 General Fund
BALANCE TO ASSESSMENT $ 200.000
I do hereby assess and apportion the net amount of the costs and
expenses upon the several parcels of land within said District
liable therefore and benefited thereby, in proportion to the
estimated benefits that each parcel receives, respectively, from
said maintenance of the works of improvement and appurtenances, and
said parcels are hereinafter numbered and set forth to correspond
with the numbers as they appear on the County Assessment Roll for
a description of the lots or parcels, and said Roll shall govern
for all details concerning the description of the lots or parcels.
The net amount to be assessed upon the lands has been spread and
apportioned by a formula in accordance with the benefits received
by each parcel, and in my opinion, said costs and expenses have
been apportioned in direct relationship to the benefits received
from the maintenance of the improvements.
For more specific statement as to the method and formula for the
spread of the assessments, reference is made to the attached,
referenced and incorporated Exhibit "E".
This Assessment has been prepared pursuant to the "Landscaping and
Lighting Act of 1972".
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires that the assessments levied be based on the
benefit the properties receive from the maintenance of the
improvements. The statutes do not specify the method or formula
that should be used in any special assessment district proceedings.
The responsibility rests with the Engineer of Work, who is
appointed for the purpose of making an analysis of the facts and
determining the correct apportionment of the assessment obligation.
For these proceedings, the City of Carlsbad has appointed Virginia
Me Coy, Electrical Operations Supervisor, as the Engineer of Work.
The Engineer of Work then makes her recommendation at the public
hearing on the annual levy of assessments, and the final authority
and action rest with the City Council after hearing all testimony
and evidence presented at that public hearing. Upon the conclusion
of the public hearing, the City Council must make the final action
in determining whether or not the assessment spread has been made
in direct proportion to the benefits received.
First of all, it is necessary to identify the benefit that the
maintenance of improvements will render to the properties within
the boundaries of the Maintenance District.
In further making the analysis, it is necessary that the property
owners receive a special and direct benefit distinguished from the
general public. In this case, an in-depth analysis was made, and
several factors are being used in the final method and spread and
assessment.
BENEFIT ASSESSMENT METHODOLOGY
Street Tree Maintenance - Street Trees are in the street right-of-
way, generally between the curb and sidewalk and/or property
line in the areas 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 1.0, while most other parcels are given an
EDU based on the formula:
Acreage = EDU
.17
Using this EDU basis, the proposed annual budget of $275,000 would
result in an approximate annual assessment of $21.15 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 $11.80 per single family residential parcel for FY
89-90. In the third year, each parcel would bear its share of the
full cost of the service or $21.15. Assessments would be levied
only on those parcels within the boundaries shown in Exhibit "A".
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 form 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 other parcels not fronting on the
median streets.
Using the above formula to assess the costs of the proposed budget
would result in an assessment of $2.16 for single family parcels
which do not front on the streets with medians. A
commercial/industrial parcel of one (1) acre , fronting on Palomar
Airport Road would be assessed approximately $25.41.
Staff also recommends that this assessment and program funding
increase be phased in over a three-year period. A three-year phase
in would result in a first year assessment of $1.26 for parcels
that do not front on the street with medians and $14.90 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, as indicated
above.
The assessment cost estimates indicated above are based on the
number of parcels and actual land uses that exists in 1989-90
funding levels intended to restore the two programs to a fully
functional level.
EXHIBIT "B"
COST ESTIMATE
I. COST OF MAINTENANCE OF IMPROVEMENTS:
A. Tree Trimming - $154,000
B. Medians - $46,000
II. TOTAL COST OF MAINTENANCE: $200,000
IV. SURPLUS/(DEFICIT FROM PRIOR FISCAL YEAR: 0
V. CONTRIBUTIONS: 0
VI. BALANCE TO ASSESSMENT: $200,000
\
PROPOSED
TREE TRIMMING
BENEFIT AREA
EXHIBIT "C1
PROPOSED MEDIAN LANDSCAPE &feJP
MAINTENANCE BENEFIT AREA
EXISTING MEDIANS
PROPOSED MEDIANS
EXHfBlT "0"
AVIARA ZONE
The proposed zone is located north of Batiquitos Lagoon between Interstate
5 and El Camino Real and encompasses the property known as Aviara. Three (3)
major east-west trending roads will be located within the property: a
portion of Poinsettia Lane is located to the north; Alga Road is proposed to
traverse the district in the central section; and Batiquitos Drive will be
located to the south.
The proposed zone would be a part of the City-wide district, whose primary
responsibility would be to maintain the landscaped medians and trees located
in rights-of-way of specified arterial streets. Maintenance costs are paid
for by assessments on properties in the district. Because of higher
standards of landscape improvement used in the Aviara Zone, maintenance costs
are anticipated to be higher than those for the City-wide District, and
properties will be assessed at a higher rate than other areas of the City.
The purpose of the proposed zone is to provide maintenance of the following:
1. Landscaped street medians
2. Landscaped parkways or street rights-of-way
3. Adjoining slopes within the City right-of-way
4. Landscaped public easements and desiltation basins.
Medians, parkways, and adjacent slopes for Poinsettia Lane, Alga Road, and
Batiquitos Drive are proposed to be included in the zone.
The proposed zone will use Equivalent Dwelling Units (EDU) to compute the
allocation of maintenance costs among various land uses. The factors used
to compute the EDUs are the same as those which are proposed to be used by
the City-wide District.
In addition, the proposed Aviara Zone will assessed at the assigned benefit
unit formula of the City-wide median portion of the proposed City-wide
landscaping district. A special budget fund will be maintained for the
additional services and collected from the Aviara Zone.
FY1989-90 proposes collection of formation costs only for the zone, as first
phases are not expected to be completed until 1990, and City acceptance of
the improvements anticipated for FY1990-91.
PART I. PLANS AND SPECIFICATIONS
The plans and specifications for the maintenance and/or servicing of the
Aviara zone improvements during the Fiscal Year are on file in the Office of
the Utilities & Maintenance Director, available for public inspection, and
incorporated herein by this reference as though set forth in full. Said
plans and specifications show and describe the general nature, locations and
extent of the existing and proposed improvements to be maintained and/or
serviced during the Fiscal Year. The plans and specifications also indicate
the class and type of improvements to be maintained and/or serviced for each
zone within the District.
PART II. ESTIMATE OF COSTS
The total costs for formation of the proposed zone during the next Fiscal
Year, is $6,000.
The amount of any surplus or deficit in the Improvement Fund to be carried
over from the prior fiscal year, is $0.00.
The amount of any contributions to be made to the Improvements fund from andy
sources other than assessments levied pursuant to the Act is 0.00 from the
general fund.
The net amount to be assessed upon assessable lands within the District,
being the total improvements costs, as referred to above, increased or as
decreased the case may be, by andy surplus, deficit, contribution, or annual
installment is 1. Zone formation $6,000.00.
PART III. DIAGRAM
A diagram for the District showing (a) the exterior boundaries of the
District, (b) the boundaries of any zones within the District, and (c) the
liens and dimensions of each lot or parcel of land within the District, is
attached hereto as Exhibit E and incorporated herein by this reference as
though set forth in full. The Diagram identifies each lot or parcel by a
distinctive number or letter, which number or letter is correlated with the
parcel number contained on the County Assessment Roll in Part IV of this
"Report" entitled "Assessment Schedule". For a detailed description of the
lines and dimensions of any lot or parcel, reference is hereby made to the
County Assessor's maps, which maps shall govern for all details concerning
the lines and dimensions of such lots or parcels.
PART IV. ASSESSMENT SCHEDULE
I, the appointed ENGINEER OF WORK, by virtue of the power vested pursuant to
the "Landscaping and Lighting Act of 1972" being Division 15, Part 2, of the
California Street and Highways Code, commencing with Section 22500, and by
order of the legislative body, do hereby make the following assessment to
cover the estimated costs and expenses of the maintenance work for the
improvements within STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 for the
Fiscal Year commencing on the 1st day of July, 1989 and ending on the 30th
day of June, 1990. Said costs and expenses are generally as follows:
COST OF FORMATION $6,000.00
TOTAL COSTS $6,000.00
SURPLUS/(DEFICIT) $ 0.00
CONTRIBUTIONS $ 0.00
BALANCE TO ASSESSMENT $6,000.00
I do hereby assess and apportion the net amount of the costs and expenses
upon the several parcels of land within said District liable therefore and
benefited thereby, in proportion to the estimated benefits that each parcel
receives, respectively, from said maintenance of the works of improvement and
appurtenances, and said parcels are hereinafter numbered and set forth to
correspond with the numbers as they appear on the County Assessment Roll for
a description of the lots or parcels, and said Roll shall govern for all
details concerning the description of the lots or parcels.
The net amount to be assessed upon the lands has been spread and apportioned
by a formula in accordance with the benefits received by each parcel, and in
my opinion, said costs and expenses have been apportioned in direct
relationship to the benefits received from the maintenance of the
improvements.
This Assessment has been prepared pursuant to the "Landscaping and Lighting
Act of 1972".
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires that the assessments levied be based on the benefit of the
properties receive from the maintenance of the improvements. The statutes
do not specify the method or formula that should be used in any special
assessment district proceedings. The responsibility rests with the Engineer
of Work, who is appointed for the purpose of making an analysis of the facts
and determining the correct apportionment of the assessment obligation. For
these proceedings, the City of Carlsbad has appointed Virginia Me Coy,
Electrical Operations Supervisor, as the Engineer of Work.
The Engineer of Work than makes her recommendation at the public hearing on
the annual levy of assessments, and the final authority and action rest with
the City Council after hearing all testimony and evidence presented at that
public hearing. Upon the conclusion of the public hearing, the City Council
must make the final action in determining whether or not the assessment
spread has been made in direct proportion to the benefits received.
First of all, it is necessary to identify the benefits that the maintenance
of improvements will render to the properties within the boundaries of the
Maintenance District.
In further making the analysis, it is necessary that the property owners
receive a special and direct benefit distinguished from the general public.
In this case, and in-depth analysis was made, and several factors are being
used in the final method and spread and assessment.
BENEFIT ASSESSMENT METHODOLOGY
Formation costs of $6,000.00 will be assessed based on the same formula as
that used for the afore mentioned landscape maintenance zone.
IAIIOUITOS __i*OOON
PROPOSED AVIARA ZONE
OF THE STREET LIGHTING
^ AND LANDSCAPING DISTRICT
Ouvf NHAIN!
EXHIBIT "E"
In conclusion, it is my opinion that the assessments for the above
referenced Maintenance District have been spread in direct
accordance with the benefits that each parcel receives from the
maintenance of the improvements.
DATED: VJ ~~-\vT>> , 1989
VIRGINIA MC COY, ELECTRICAL OPERATIONS SUPERVISOR
ENGINEER OF\WORK
CITY OF\CARLS\BAD
STATE OF T5AUETORNIA
RESOLUTION NO. 89-167
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER'S
"REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY
4 OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE
DISTRICT
5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
6 CALIFORNIA, pursuant to the terms of the "Landscaping and
7 Lighting Act of 1972", being Division 15, Part 2 of the Streets
8 and Highways Code of the State of California, did, by previous
9 Resolution, initiate proceedings and ordered the preparation of
10 an Engineer's "Report" for the annual levy of assessments within
11 a special maintenance district, said special maintenance
12 district known and designated as STREET LIGHTING AND LANDSCAPING
13 DISTRICT NO. 1 (hereinafter referred to as the "Maintenance
14 District"); and,
15 WHEREAS, there has now been presented to this City Council
16 the "Report" as required by said Division 15 of the Streets and
17 Highways Code and as previously directed by Resolution; and,
18 WHEREAS, this City Council has now carefully examined and
19 reviewed the "Report" as presented, and is satisfied with each
20 and all of the items and documents as set forth therein, and is
21
satisfied that the assessments, on a preliminary basis, have
22
been spread in accordance with the benefits received from the
23
improvements to be maintained, as set forth in said "Report".
24
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
25
SECTION 1. That the above recitals are all true and
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correct.
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1
SECTION 2. That the "Report" as presented consists of the
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fo1lowi ng:
A. Plans and specifications describing the
general nature, location and extent of the improvements to be
ma int ained
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
Said "Report", as presented, is hereby approved
on 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".
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the 23rd day
of May , 1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None //j S //
AUDE A. L&WIS, Mayor
ATTEST:
ALE/THA L. .RAUTyENKRMNZ, City Clerk
R. KtfNDTZT Deputy City Clerk
(SEAL)
RESOLUTION NO. 89-168
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 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
5 PUBLIC HEARING THEREON
g 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 STREET LIGHTING AND LANDSCAPING
]_2 DISTRICT NO. 1 (hereinafter referred to as the "Maintenance
District"); and,
]_4 WHEREAS, at this time the City Council is desirous to take
proceedings to provide for the annual levy of assessments for
]_g the next ensuing fiscal year to provide for the costs and
17 expenses necessary to pay for the maintenance of the improve-
18 ments in said Maintenance District; and,
19 WHEREAS, there has been presented and approved by this City
20 Council the Engineer's "Report", as required by law, and this
21 City Council is desirous of continuing with the proceedings for
22 said annual levy.
23 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
24 RECITALS
25 SECTION 1. That the above recitals are all true and
26 correct.
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DECLARATION OF INTENTION
SECTION 2. That the public interest and convenienceo
requires, and it is the intention of this legislative body, to
p. levy and collect assessments to pay the annual costs and0
expenses for the maintenance and/or servicing of the improve-6
_ ments for the above-referenced Maintenance District, said
Q improvements generally described as follows:a
Q The maintenance of certain street lighting
»7
, ~ improvements as set forth and described in the Engineer's
11 "Report", which is on file in the Office of the City Clerk,
- n The proposed new improvements to be maintained
1 .j and serviced are generally described as follows:
, . The maintenance of certain additional street
,c lighting improvements and the commencement of the maintenance of
-,/. certain street trees and median landscaping improvements, as set
-• « forth and described in the Engineer' "Report", which is on file
-,0 in the Office of the City Clerk.
BOUNDARIES OF MAINTENANCE DISTRICT
p/-\ SECTION 3. That said works of improvement are of direct
2~\ benefit to the properties within the boundaries of said Mainte-
22 nance District, which Maintenance District the legislative body
23 previously declared to be the area benefited by said works of
improvement, and for particulars, reference is made to the boun-
ce dary 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
nn public inspection, and is designated by the name of this Mainte-
2g nance District.
1
REPORT OF ENGINEER
SECTION 4. That the "Report" of the Engineer, as prelimi-3
narily approved by this legislative body, is on file with the
City Clerk and open for public inspection. Reference is made to
5
said "Report" for a full and detailed description of the6
improvements to be maintained, the boundaries of the Mainte-
nance District and any zones therein, and the proposed assess-o
rtients upon assessable lots and parcels of land within the Mainte-
tS
nance District.
PUBLIC HEARING
SECTION 5. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE
DAY OF JUNE, 1989, AT THE HOUR OF 6:00 P.M., IN THE REGULARJ_o
MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS,
., ... CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEGISLATIVE BODY15
.. ,. FOR HEARING PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUALID
LEVY OF ASSESSMENTS AND TO ANY OTHER MATTERS CONTAINED IN THIS
-0 RESOLUTION. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS_LO
OR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY
CLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING,
p., NOTICE
SECTION 6. That the City Clerk is hereby authorized and
p., directed to give notice as required by law by causing a copy of
this Resolution to be published in the CARLSBAD JOURNAL, a
pp. newspaper of general circulation within said City; said publica-
tion to be two (2) times, with the first publication being
completed at least ten (10) days prior to the date set for the
OQ public hearing.
PROCEEDINGS INQUIRIES
SECTION 7. For any and all information relating to these«j
. proceedings, including information relating to protest proce-
,_ dure, your attention is directed to the person designated below:u
VIRGINIA McCOY
ELECTRICAL OPERATIONS SUPERVISOR
„ UTILITIES/MAINTENANCE DEPARTMENT
CITY OF CARLSBAD
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009
TELEPHONE: (619) 438-7753
PASSED, APPROVED AND ADOPTED by the City Council of the
-1-1 City of Carlsbad at its regular meeting held on the 23rd day
1 r) of May , 1989, by the following vote, to wit:
.. AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and LarsonJ-O
NOES: None
ABSENT: None15
16
-,„ cfAUDE^A. LE^WIS, Mayor
-jo ATTEST:
19 "" - '-'J 1RANZ, City Clerk
:, Deputy City Clerk
( SEAL)
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