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HomeMy WebLinkAbout1989-05-23; City Council; 10048; Street lighting districtCl OF CARLSBAD — AGENL-M BILL f > /7 ARtf /C MTG. DEPT. > 0 V <f 5-23-89 U/M 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 11 DISTRICT NO. 1 (hereinafter referred to as the "Maintenance 12 District"); and, 13 WHEREAS, at this time the City Council is desirous to take 14 proceedings to provide for the annual levy of assessments for 15 the next ensuing fiscal year to provide for the annual costs for 16 maintenance of improvements within the Maintenance District. 17 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 18 RECITALS 19 SECTION 1. That the above recitals are all true and 20 correct . 21 DECLARATION OF INTENTION 22 SECTION 2. That the public interest and convenience 23 requires, and it is the intention of this legislative body to 24 initiate proceedings for the annual levy and collection of 25 special assessments for the payment of annual maintenance and/or 26 servicing costs within the Maintenance District. 27 28 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. 27 28 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 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 26 correct. 27 28 1 SECTION 2. That the "Report" as presented consists of the 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 2 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. 27 28 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) 21 22 23 24 25 26 27 28