HomeMy WebLinkAbout2022-04-05; City Council; ; Public Hearing for the Annexation of the Marja Acres Development to Street Lighting and Landscaping District No. 2~ CITY COUNCIL \lJ:/ Staff Report
Meeting Date:
To:
From:
Staff Contact:
April 5, 2022
Mayor and City Council
Scott Chadwick, City Manager
Roxanne Muhlmeister, Assistant Finance Director
roxanne.muhlmeister@carlsbadca.gov, 442-339-2417
CA Review CKM
Subject: Public Hearing for the Annexation of the Marja Acres Development to
Street Lighting and Landscaping District No. 2
Districts: 2
Recommended Action
Hold a public hearing to receive public comment and adopt a resolution declaring the results of
the assessment ballot tabulation, annexing the Marja Acres development to Street Lighting and
Landscaping District No. 2, ordering maintenance work and confirming the diagram and
assessment.
Executive Summary
The City Council approval is needed to declare the results of the assessment ballot tabulation to
annex the Marja Acres development into the city's Street Lighting and Landscaping District No.
2, in compliance with the procedures described in the California Streets and Highways Code.
Discussion
The City Council formed Street Lighting and Landscaping District No. 2 in 2003. The district was
formed so that new developments would help pay for the cost and maintenance of streetlights,
street trees and medians within the district. Streetlights, street trees and medians in the
previously developed parts of the city are funded from assessments within Street Lighting and
Landscaping District No. l.
The city requires developers of larger communities within the city to be annexed into District
No. 2 as a condition for development. Each development within District No. 2 is considered a
separate zone, with its own assessment based on the costs for that particular area of the city.
There are currently 15 zones in District No. 2.1
1 The zones are Calavera Hills II, Kelly Ranch, the Oaks South, Thompson/Tabata, Palomar Forum/Carlsbad
Raceway, Bressi Ranch, the Greens, the Ridge, the Oaks North Industrial, the Oaks North Residential, Robertson
Ranch East Village, La Costa Town Square, Fair Oaks Valley, Quarry Creek and Robertson Ranch West Village.
April 5, 2022 Item #9 Page 1 of 27
As a condition of its development, the Marja Acres property is required to be annexed into
District No. 2, as the newly created Zone 16.
Marja Acres is located on the south side of El Camino Real between Kelly Drive and Julie Place.
The 20.65-acre property has been approved as the site for 248 townhomes and 46 apartments.
The development will include varying types of land uses that receive special benefit from the
street trees, street lighting and medians that are directly adjacent to the property.
The city's assessment engineer has prepared a report for Zone 16. This report identifies the
special benefit each individual parcel will derive in proportion to the total capital costs and
maintenance and operational expenses of the public improvements. It also separates the
general benefits each parcel receives from the improvements from the benefits that will be
specially conferred on the parcel, because only the costs of special benefits can be assessed on
property owners.
An assessment ballot was mailed to the property owner, Marja Dawn Selna, trustee of the
Hoffman Legacy Trust. The completed ballot was returned to the City Clerk and will be opened
and tabulated during the public hearing.
Under state law, if a majority of the affected property owners protest, the City Council may not
annex the property into District No. 2 or assess the property owners for the public
improvements. In this case, there is only one property owner, and the annexation is an already
agreed-upon condition of the development.
Options
Staff recommend the City Council adopt the resolution declaring the results of the assessment
ballot tabulation. This public hearing and annexation to the district is required under state law
before the district can levy and collect assessments from property owners in this development.
Staff have identified no drawbacks to this action. Not annexing the development would mean
that one of the conditions of approval for the project will not be satisfied and future
assessments to property owners would not be levied and collected, which would result in
District No. 2 not receiving $14,275.54 in projected annual revenue.
Fiscal Analysis
If the annexation is approved, the parcels within this development will not be assessed until the
improvements have been built. The maximum annual assessment rate that can be assessed on
a particular parcel is calculated by adding up all the annual costs of maintenance and
replacement of the improvements. The annual assessment is then charged to property owners
through their property tax statement.
The maximum annual assessment rate per equivalent dwelling unit for Zone 16 is calculated at
$59.48 for fiscal year 2021-22 for a total of $14,275.54 in annual assessments. Th e maximum
assessment rate may be adjusted annually by the change in the Consumer Price Index {CPI),
during the preceding year ending in March, for All Urban Consumers for San Diego County.
April 5, 2022 Item #9 Page 2 of 27
Next Steps
If annexation is approved, the parcels within the Marja Acres development will be assessed
annually for the development's share of street lights, medians and trees once those
improvements have been built.
Environmental Evaluation
The Marja Acres development's annexation into this district was anticipated and included as a
condition of the project's approval. As part of its approval of the project, the City Council
certified the environmental impact report for the project by adopting Resolution 2020-215 on
Nov. 3, 2020.
Annexing the development into the district will result in no substantial changes in the project or
in how it will be undertaken that will require revisions to the previously approved
environmental impact report; there are no significant new environmental effects nor any
substantial increase in the severity of previously identified significant effects.
Therefore, no additional environmental review is required under the California Environmental
Quality Act {Public Resources Code section 21000) and its implementing regulations, the CEQA
Guidelines {Section 15168).
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date. In addition, the public
meeting notice was posted in the newspaper at least 15 days ahead of the public hearing.
Information regarding public notification of this item, such as mailing and public hearing notices
posted in a newspaper of general circulation and on the city website, are available in the City
Clerk's Office.
Exhibits
1. City Council resolution
April 5, 2022 Item #9 Page 3 of 27
RESOLUTION NO. 2022-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION, ANNEXING THE MARJA ACRES DEVELOPMENT TO STREET
LIGHTING AND LANDSCAPING DISTRICT NO. 2, ORDERING MAINTENANCE
WORK AND CONFIRMING THE DIAGRAM AND ASSESSMENT
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California, has undertaken proceedings to
form and did form a special maintenance district and to authorize the levy of assessments to finance
the annual maintenance and servicing of certain landscaping and lighting improvements
("Maintenance Work") 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 ("Landscaping Act"),
Article XIIID of the Constitution of the State of California "Article XIIID" and the Proposition 218
Omnibus Implementation Act (Government Code Section 53750 et seq.) ("Implementation Act")
(Landscaping Act, Article XIIID and the Implementation Act may be collectively referred to as
"Assessment Law"), such special maintenance district known and designated as Street Lighting and
Landscaping District No. 2 ("Maintenance District"); and
WHEREAS, as a condition of its development, the Marja Acres property is required to be
annexed into the Maintenance District as the newly created Zone 16; and
WHEREAS, Environmental Impact Report (EIR) 2017-0001 for the Marja Acres development was
certified by the City Council on November 2, 2020 by Resolution 2020-215, including the project,
mitigation and monitoring program, and implementation measures; and,
WHEREAS, the California Environmental Quality Act (CEQA, California Public Reso urces Code
Section 21000 et. seq.), and Sections 15162 through 15164 of CEQA's implementing regulations (the
State CEQA Guidelines) set forth the criteria for determining the appropriate additional environmental
documentation, if any, to be completed when there is a previously adopted Negative Declaration or a
previously certified EIR covering the project for which a subsequent discretionary action is required;
and,
WHEREAS, the annexation of the Marja Acres development in Zone 16 within the Maintenance
District presents no "new information of substantial importance" as that term is used in CEQA
Guidelines Section 15162(a)(3) and the previously certified EIR is adequate without modification; and,
WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act authorize and
establish procedures for the annexation of territory to the Maintenance District; and
WHEREAS, on February 8, 2022, the City Council received and approved a report dated
January 31, 2022 from the Assessment Engineer (Attachment A; the "Engineer's Report"); and
WHEREAS, the Engineer's Report includes a the plans and specifications for the Maintenance
Work, an estimate of the cost of the Maintenance Work, an assessment of the estimated cost of the
Maintenance Work (assessment), and a diagram of the Maintenance District showing the exterior
boundaries of the Maintenance District, the boundaries of the zones within the Maintenance District,
including new Zone 16 for the Marja Acres development, and the lines and dimensions of each lot or
parcel of land within the Maintenance District (diagram); and
WHEREAS, at this time all notice and public hearing requirements have been met relating to the
annexation and levy of the annual assessments to the Maintenance District for the Marja Acres
development.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. This City Council finds and determines that the procedures for the consideration of the
annexation and levy of the assessments for the Marja Acres development have been
undertaken in accordance with the Assessment Law.
3. Assessment ballots were mailed as required by Assessment Law to the record owners of
all properties within the Maintenance District which are proposed to be annexed and
assessed. The assessment ballots that were completed and received by the City Clerk prior
to the close of the public hearing have been tabulated in accordance with the procedures
established by Assessment Law and this City Council and the results of such tabulation
have been submitted to this City Council. The City Council finds that the assessment
ballots submitted in favor of the annexation and levy of assessments for the Marja Acres
development in Zone 16 as shown in the Engineer's Report as weighted in accordance
with Assessment Law exceed the assessment ballots submitted in opposition to such
annexation and levy also as weighted in accordance with Assessment Law. Therefore, no
majority protest to the annexation and levy of assessments for the Marja Acres
development in Zone 16 within the Maintenance District has been found to exist.
4. This City Council orders the annexation of the Marja Acres development to the
Maintenance District in Zone 16.
5. Based upon the Engineer's Report and other evidence presented at the public hearing, the
City Council makes the following determinations regarding the maximum assessments
proposed to be levied:
a. The proportionate special benefit derived by each individual parcel to be
assessed has been determined in relationship to the entirety of the cost of the
operations and maintenance expenses.
b. The assessments will not exceed the reasonable cost of the proportional
special benefit conferred on each parcel.
c. Only the special benefits will be assessed.
d. There are no parcels within the Marja Acres development in Zone 16 of the
Maintenance District that are owned or used by a local government, the State
of California or the United States.
The maximum assessments as shown in the Engineer's Report will be increased each fiscal
year without further compliance with the assessment ballot procedures required under
the Assessment Law by the annual increase in the Consumer Price Index (CPI), during the
preceding year ending in March, for All Urban Consumers for the San Diego County area.
6. The public interest and convenience requires, and this legislative body orders the
maintenance work to be made and performed as the maintenance work is set forth in the
Engineer's Report and as previously declared and set forth in the Reso lution of Intention.
7. The above-referenced diagram and assessment (Attachment A) shall remain on file and
open to public inspection in the City Clerk's Office. The City Clerk's Office is directed to
file a certified copy of the diagram and assessment with the county auditor.
8. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 5th day of April 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
-fo ,f FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
April 5, 2022
I CITY OF CARLSBAD
ENGINEER'S REPORT
ANNEXATION OF ZONE 16
Attachment A
STREET LIGHTING AND LANDSCAPING
DISTRICT NO. 2
January 31, 2022
PREPARED BY = Harris & Associates
~
Anna Tan-Gatue, P.E.
R.I.E. No. 4356 Exp. 06/30/23
www.WeAreHarris.com
Item #9 Page 9 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
TABLE OF CONTENTS
R I Harris & Associates
Introduction ........................................................................................................................................................ 1
Certificates .......................................................................................................................................................... 2
Statement of Assessment Engineer .................................................................................................................... 3
Part A-Plans and Specifications ........................................................................................................................ 5
Part B -Estimate of Costs ................................................................................................................................... 7
Part C-Method of Apportionment ................................................................................................................... 8
Part D -Assessment Roll .................................................................................................................................. 15
Part E -Assessment Diagram ........................................................................................................................... 15
April 5, 2022 Item #9
ii
Page 10 of 27
I
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
INTRODUCTION
B I Harris & Associates
The City Council of the City of Carlsbad previously formed Street Lighting and Landscaping District No. 2
("SLLD No. 2") pursuant to the terms of the "Landscaping and Lighting Act of 1972" (the "Act"), which is
Division 15, Part 2 of the Streets and Highways Code of the State of California. The purpose of SLLD No. 2 is
to finance the costs and expenses of the ongoing maintenance of street lights, street trees and/or medians
(the "SLLD No. 2 Improvements") that specially benefit properties within SLLD No. 2 and the costs and
expenses of administering SLLD No. 2. These costs and expenses are financed through the levy of
assessments on properties within SLLD No. 2 which specially benefit from the SLLD No. 2 Improvements.
The provisions of the Act authorize the City Council to undertake proceedings to order the annexation of
territory to SLLD No. 2. The proceedings to annex territory to SLLD No. 2 include the adoption by the City
Council of resolutions initiating the annexation proceedings, ordering the preparation of a report described
below and declaring the intention of the City Council to annex the territory to SLLD No. 2 and setting of a
public hearing on the proposed annexation, the provision of notice of the time and place of such public
hearing, the opportunity for any interested person to be heard at such public hearing and the right of
majority protest to such annexation.
This report constitutes the Engineer's Report for the Annexation of the Marja Acres Development into SLLD
No. 2. There are currently 15 Zones of Benefit within the SLLD No. 2, with each zone having different types
of Improvements to be maintained and serviced.
The Marja Acres development is located on the south side of El Camino Real between Kelly Drive and Julie
Place and is comprised of varying types of land uses that receive special benefit from the street trees, street
lighting, and medians directly adjacent to the development.
April 5, 2022 Item #9
1
Page 11 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
II I Harris & Associates
Fiscal Year 2021-22
CERTIFICATES
CITY OF CARLSBAD
ANNEXATION INTO
STREET LIGHTING AND LANDSCAPING DISTIRCT NO. 2
ZONE 16 (MARJA ACRES)
The undersigned acting on behalf of Harris & Associates, respectfully su bmits the enclosed Engineer's
Report as directed by City Council pursuant t o the provisions of Section 4 of Article XIIID of the California
Constitution, and provisions of the Landscaping and Lighting Act of 1972, Section 22500 et seq. of the
California Streets and Highways Code. The undersigned certifies t hat she is a Professional Engineer,
registered in the State of C~Jjfomi.a,--------------------
Dated: January 31, 2022
BY: Anna C. Tan-Gatue, PE
RIE 14356
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment
Diagram thereto attached, was filed with me on the __ day of _____ ~ 2022.
City Clerk
City of Carlsbad
San Diego County, California
By ______________ _
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment
Diagram thereto attached, was approved and co nfirmed by the City Council of the City of Carlsbad
California, on t he __ day of _____ -2022.
April 5, 2022
City Clerk
City of Carlsbad
San Diego County, Ca lifornia
By ______________ _
Item #9
2
Page 12 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
R I Harris & Associates
F~caIYear2021-22
STATEMENT OF ASSESSMENT ENGINEER
FISCAL YEAR 2021-22
ENGINEER'S REPORT PREPARED PURSUANT
TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE,
ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND
THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT
(GOVERNMENT CODE SECTION 53750 ET SEQ.)
Pursuant to Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code)
(the "1972 Act"), Article XIIID of the California Constitution ("Article XIIID") and the Proposition 218
Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act"
and together with the 1972 Act and Article XIIID, the "Assessment Law") and in accordance with the
Resolution of Initiation, adopted by the City Council of the City of Carlsbad, State of California, in
connection with the proceedings for:
ANNEXATION INTO
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2
ZONE 16 (MARJA ACRES)
Hereinafter referred to as the "Maintenance District" or "District", I, Anna C. Tan-Gatue, P.E., the
authorized representative of Harris & Associates, the duly appointed ASSESSMENT ENGINEER, submit
herewith the "Report" consisting of five (5) parts as follows:
PART A -PLANS AND SPECIFICATIONS
Contains a description of the improvements that are to be maintained or serviced by the District.
PART B -ESTIMATE OF COSTS
Identifies the estimated costs of the services or maintenance to be provided by the District, including
incidental costs and expenses in connection therewith.
PART C-METHOD OF APPORTIONMENT
Describes the basis on which the costs have been apportioned to each parcel of land within the
Maintenance District, in proportion to the estimated special benefits to be received by such lots and parcels
from the improvements to be maintained and serviced.
April 5, 2022 Item #9
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Page 13 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
PART D-ASSESSMENT ROLL
■ I Harris & Associates
Identifies the maximum assessment to be levied on each lot or parcel of land within the Maintenance
District to receive special benefits from the improvements to be maintained and serviced.
PART E -ASSESSMENT DIAGRAM
Contains a Diagram of the Maintenance District Boundaries showing the exterior boundaries of the
Maintenance District, the boundaries of any zones within the Maintenance District, including new Zone 16,
and the lines and dimensions of each lot or parcel of land within the Maintenance District.
April 5, 2022 Item #9
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Page 14 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
B I Harris & Associates
Fiscal Year 2021-22
PART A -PLANS AND SPECIFICATIONS
The improvements, which have been constructed or which may be subsequently constructed within and
adjacent to the Maintenance District and that will be serviced and maintained, and the proposed
maintenance and services are generally described as follows:
DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED
The proposed improvements (collectively, the "Improvements") proposed to be maintained and serviced
are generally described as follows:
Landscaping and Appurtenant Improvements
Landscaping improvements (collectively, the "Landscaping Improvements") include but are not
limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures in
public street and sidewalk rights-of-way, including medians, parkways and other easements
dedicated to the City of Carlsbad within the boundaries of the Maintenance District.
Street Lighting and Appurtenant Improvements
Street lighting improvements (collectively, the "Street Lighting Improvements") include but are not
limited to: poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts
and pedestals, metering devices and appurtenant facilities as required to provide lighting and
traffic signals in public street and sidewalk rights-of-way and other easements dedicated to t he City
of Carlsbad within the boundaries of the Maintenance District.
The public lighting system shall be maintained to provide adequate illumination. Electricity for
streetlights shall be furnished by San Diego Gas & Electric (SDG&E), and it shall be adequate for the
intended purpose. Rates for power shall be those authorized by the California Public Utilities
Commission.
DESCRIPTION OF MAINTENANCE AND SERVICES
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance,
operation and servicing of the Landscaping Improvements and the Street Lighting Improvements facilities
and appurtenant facilities, including repair, refurbishment, removal or replacement of all or part of any of
the Landscaping Improvements and the Street Lighting Improvements or appurtenant facilities; providing
for the life, growth, health and beauty of the Landscaping Improvements, including cultivation, irrigation,
trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris
and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
Servicing means the furnishing of water and electrical current or energy for the irrigation of the
Landscaping Improvements and the maintenance of any Street Lighting Improvements or appurtenant
facilities and the furnishing of electric current or energy, gas or other illuminating agent for the Street
April 5, 2022 Item #9
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Page 15 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
111 I Harris & Associates
Lighting Improvements, or for the lighting or operation of the Landscaping Improvements or appurtenant
facilities.
The Street Lighting Improvements shall be maintained to provide adequate illumination. Electricity for
streetlights shall be furnished by SDG&E, and it shall be adequate for the intended purpose. Rates for
power shall be those authorized by the California Public Utilities Commission.
The following provides descriptions of the Annexation Zones of Benefit within the Maintenance District:
Zone 16-Encompasses the Marja Acres Development and funds the operation and maintenance of
street lighting, street trees, and medians.
The plans and specifications for the Improvements, showing the general nature, location and the extent of
the Improvements, are on file in the city's Public Works Department and are by reference herein made a
part of this report.
April 5, 2022 Item #9
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Page 16 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
■ I Harris & Associates
Fiscal Year 2021-22
PART B -ESTIMATE OF COSTS
The estimated costs for the operation, maintenance and servicing of the Improvements, shown on the
following page, are the estimated costs of maintenance if the Improvements were fully maintained for
Fiscal Year 2021-22. The 1972 Act provides that the total cost of the maintenance and services, together
with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may
include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs
identified with the district proceedings.
Please see Part C of this Report for a description of Equivalent Dwelling Units (EDUs) and the
apportionment formula.
The Assessment Law requires that a special fund be set-up for the revenues and expenditures of the
District. Funds raised by assessment sha ll be used only for the purpose as stated herein. The city may
advance funds to the District, if needed, to ensure adequate cash flow, and will be reimbursed for any such
advances upon receipt of assessments. Any surplus or deficit remaining on June 30 must be carried over to
the next fiscal year.
The estimated maximum annual maintenance costs for newly created Zone 16 (Marja Acres) for FY 2021-22
are calculated as follows:
• • t
O&M Repl.
Assessed Unit Unit
Quantity Cost Cost
Zone 16 (Marja Acres)
* 100W Light 2 each $149.94 $173.84
+ Arterial Trees 37 each $76.89 $0.00
Medians 10,162 sf $0.46 $0.58
Total
O&M/Repl.
Costs
$648
$2,845
$10,610
Admin.
Costs
. •
$8
$35
$130
I
Maximum Maximum
Annual Annual
Costs Cost I EDU
$656 $2.73 / EDU
$2,880 $12.00 I EDU
$10,740 $44.75 / EDU
$14,276
* These lights are on arterial roadways, therefore the O&M and Repl. costs have been multiplied by88.66%
(This is to account for the 11 .34% General Benefit for Arterial Roadways)
+ These trees are on arterial roadways, therefore the O&Mcosts have been multiplied by89%
(This is to account for the 11 % General Benefit for Street Trees on Arterial Roadways)
April 5, 2022 Item #9
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Page 17 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
B I Harris & Associates
Fiscal Year 2021-22
PART C -METHOD OF APPORTIONMENT
GENERAL
Th e 1972 Act permits the establishment of assessment districts by cities for the purpose of providing
certain public improvements which include the construction, maintenance and servicing of street lights,
traffic signals and landscaping facilities.
Streets and Highways Code Section 22573 requires that maintenance assessments be levied according to
benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by
any formula or method which fairly distributes the net amount among all assessable lots or parcels
in proportion to the estimated benefits to be received by each such lot or parcel from the
improvements."
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by
reason of variations in the nature, location, and extent of the improvements, the various areas will receive
different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of
a true "assessment" rather than a "special tax."
In addition, Article XIIID and the Implementation Act require that a parcel's assessment may not exceed the
reasonable cost for the proportional special benefit conferred on that parcel. Article XIIID and the
Implementation Act further provide that only special benefits are assessable and the city must separate the
general benefits from the special benefits. They also require that publicly owned properties which specially
benefit from the improvements be assessed.
SPECIAL BENEFIT ANALYSIS
Proper maintenance and operation of the streetlights, street trees and street medians provides special
benefit to adjacent properties by providing security, safety, and community character and vitality.
Local Lighting.
Special Benefit. The operation, maintenance and servicing of lighting along local streets in close
proximity to certain lots or parcels provides a special benefit to such lots or parcels by providing
illumination resulting in: 1) improved security of such lots or parcels, 2) improved ingress and
egress from such lots or parcels by illuminating access after sunset, and 3) improved nighttime
visibility for the local access of emergency vehicles. Local lighting typically consists of 40 watt lights.
Street lights on or associated with traffic signals located at arterial-to-local connectors are
considered to be 100% special benefit to those developments taking direct access at these
intersections.
General Benefit. There are no general benefits associated with local lighting.
April 5, 2022 Item #9
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Page 18 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
Arterial Lighting.
11 I Harris & Associates
Special Benefit. The operation, maintenance and servicing of arterial lighting provides a special
benefit to each and every assessable lot or parcel within the development or vicinity which are
adjacent to such lighting resulting in: 1) improved nighttime visibility for the access of emergency
vehicles, and 2) improved safety and traffic circulation to and from parcels. Arterial lighting typically
consists of 100 watt lights; however, special benefit is assigned consistent with local lighting
wattage.
General Benefit. The city recognizes that a portion of the maintenance, operation and servicing of
those Street Lighting Improvements that are a part of the city's arterial lighting improvements
provide a general benefit to the public at large, which equates to the higher level of lighting
required on arterial roads.
The general benefits associated with Arterial Lighting are attributable to the higher level of lighting
required for an arterial roadway. That higher leve l of lighting provides a measure of safety for the
additional width of the street. Local and collector roadways require only 9,500 lumen lights
(typically 40 watt lights) and arterial roadways require 22,000 lumen lights (typically 100 watt
lights).
The amount of general benefit is established by multiplying the number of arterial streetlights
currently in the city by the difference between the average annual electrical costs to illuminate a
light on an arterial street and a local street. (Electrical costs are used in this comparison, as the
personnel and replacement costs for the various lumens and wattages of lights are virtually the
same.) The following table shows the calculation of the cost estimate for general benefit for
streetlights.
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Page 19 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
B I Harris & Associates
Lamp Size Number Monthly Monthly Annual Annual General
(Watts) Lights Rate Amount Amount Cost per Benefit
L ow wattaqe Iq ts or co ec or s ree s: I' h f II t t t
40
Subtotal-1
H' h tt Ig wa ag
70
85
100
150
200
250
Subtotal-2
Total
4,846 $2.51 $12,163.46
4,846
e IQ, s or a ena s ree s : l'htt rt 'lt t
103 $4.29
43 $5.27
2,344 $6.28
15 $9.41
0 $12.53
13 $16.24
2,518
7,364
General Benefit=
$441.87
$226.61
$14,720.32
$141 .15
$0.00
$211 .12
$145,961 .52 I
$145,961.s2 I
$5,302.44
$2,719.32
$176,643.84
$1 ,693.80
$0.00
$2,533.44
$188,892.84
$334,854.36
FY 2021-22 Lighting Budget Amount
FY 2021-22 Public Parcel Contribution
Total Est. Cost Less Public Parcel Contribution*
I General Benefit Percentage
• Based on preliminary budget estimates
$30.12 I
$51.48
$63.24
$75.36
$112.92
$150.36
$194.88
$113,050.68
$1 ,025,247
$28,000
$997,247
I
11.34%1
$0.00 I
$0.00 I
$2 ,200.08
$1 ,424.16
$106,042.56
$1 ,242.00
$0.00
$2,141.88
$113,050.68
$113,050.68
Therefore, 11.34% of the Street Lighting Improvements on the city's arterial roadways are
considered general benefit, and only 88.66% of these Street Lighting Improvements will be used to
estimate the special benefit costs.
Streetlights on or associated with traffic signals located at arterial-to-arterial connectors are
considered to be 100% general benefit.
In addition to the above, streetlights fronting upon open space areas owned by governmental
agencies and/or managed by a non-profit environmental trust and which are considered part of the
major habitat core areas and/or linkages of the city's Habitat Management Plan shall be considered
as having 100% general benefit.
Street Landscaping.
Special Benefit. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained,
provide beautification, shade and enhancement of the desirability of the surroundings.
• Street trees within the public street parkways provide special benefit to those properties
directly adjacent to those tree-lined parkways.
April 5, 2022 Item #9
10
Page 20 of 27
Final Engineer's Report
Street Lighting and landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
II I Harris & Associates
• landscaping and hardscaping within medians in the public streets provide special benefit to
those developments that are directly adjacent to the public medians. These medians are
located in the arterial roadways.
General Benefit.
• There are no general benefits associated with local street trees.
• Street trees along the arterial roadways provide aesthetic benefits to people walking through
the city. Per the 2005 Traveler Opinion and Perception Survey conducted by the Federal
Highway Administration, approximately 10.9% of all trips are considered Walking Trips.
Therefore, 10.9% of the Street Tree Improvements of the city's arterial roadways are
considered general benefit, and only 89.1% of these Street Tree improvements will be used to
estimate the special benefit costs.
• landscaping and hardscaping within medians in the arterial roadways provide only incidental
aesthetic benefits to motorists travelling to, from or through the city. Therefore, it is deemed
that there are no general benefits associated with the landscaped medians.
Vehicular safety associated with the traffic channelization provided by raised medians is
independent of the landscaping and hardscaping improvements funded through this
Maintenance District. However, median curb replacement costs are included in the overall
replacement costs for the medians. Because raised median curbs are required for both
landscaping and traffic channelization, 50% of the median curb replacement costs have been
removed from the budget.
Benefit Zones
Benefit Zones are used to differentiate between the different types of Improvements to be maintained and
serviced within each such zone. There is one zone of benefit included in this Annexation.
Zone 16-Marja Acres
The Marja Acres development is located on the south side of El Camino Real between Kelly Drive
and Julie Place and is comprised of varying types of land uses that receive special benefit from the
street trees, street lighting, and medians directly adjacent to the development.
There are a 46-unit affordable senior housing complex ("APT"), 248 single-family attached units
("SFA"), 1.95 acres of designated commercial areas ("Non-Res"), and 1.54 acres of designated
recreation areas ("Park") that are on private streets, and therefore are not considered to have any
local street lights or trees directly adjacent to them.
The entire development receives special benefit from the arterial street trees and arterial street
lighting on El Camino Real. The entire development also benefits from medians in El Camino Real.
There will be approximately 20,323 square feet of medians in El Camino Real along the north side
of the development. The developments on the opposite side of El Camino Real will benefit from the
improved aesthetics of the medians directly adjacent to this property; therefore 50% of the benefit
April 5, 2022 Item #9
11
Page 21 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
B I Harris & Associates
for the medians in El Camino Real is apportioned to the Marja Acres development (10,162 sf of
medians in El Camino Real).
ASSESSMENT APPORTIONMENT AND RATES
Equivalent Dwelling Units
To establish the special benefit to the individual parcels within the District, an Equivalent Dwelling Unit
system is used. Each parcel of land is assigned Equivalent Dwelling Units ("EDUs") in proportion to the
estimated special benefit the parcel receives relative to the other parcels within the District from the
streetlights, street trees and medians.
The single-family detached (SFD) residential parcel has been selected as the basic unit for calculation of
assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A
methodology has been developed to relate all other land uses to the SFD residential land use as described
below.
Single Family Attached (SFA) Residential. SFA residential uses, including condominiums, are given a factor
of 0.80 EDU per dwelling unit. Based on data from representative cities in Southern California, the SFA
residential factor of 80 percent is determined by the statistical proportion of relative trip generation from
various types of residential uses, in combination with population density per unit.
Apartment (APT) Residential. APT residential uses, also known as multi-family residential uses, are given a
factor of 0.60 EDU per dwelling unit. Based on data from representative cities in Southern California, the
APT residential factor of 60 percent is determined by the statistical proportion of relative trip generation
from various types of residential uses, in com binat ion with population density per unit.
Non-Residential (Non-Res). In converting improved non-residential properties to ED Us, the factor used is
t he City of Ca rlsbad average size for a SFD residential lot, which is 1 dwelling unit per 7,500 sq. ft, or
approximately 6 dwelling units per acre. Therefore, Non-Res parcels will be assessed 6 EDU per acre or any
portion thereof.
Vacant/Parks. Parcels that are designated for parks or parcels that are developable but do not have a
finalized development map are assessed based upon the acreage of the parcel. These properties receive
special benefits based on their land, as this is the basis of their value. Based upon the opinions of
professional appraisers, appraising current market property values for rea l estate in Southern Ca lifornia,
the land value portion of a property typically ranges from 20 to 30 percent of the property's total value.
Additionally, the utilization of vacant property is significantly less than improved property and vacant
property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at
the rate of 25% of Non-Res properties, or 1.5 EDU per acre or any portion thereof.
Open Space. Parcels designated as open space do not receive special benefits from the Improvements and
are therefore exempt from the assessment.
The following table summarizes the EDU formula described above.
April 5, 2022 Item #9
12
Page 22 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
Land Use
Single Family Detached Res (SFD)
Single Family Detached Res (SFD-Estates)
Single Family Attached Res (SFA)
Apartments (APT)
De1.eloped Non-Residential (Non-Res)
Vacant / Park
Open Space
DU= DN elling Unit
= I Harris & Associates
EDU Rate
1.0 / DU
1.0 / DU
I 0.8 / DU
I 0.6 I DU
I 6.0 I acre
I 1.5/acre
0.0 I acre
The following tables provide the EDUs for the various types of special benefits associated with each Zone,
FY 2021-22 budget rates and the maximum assessment rates for FY 2021-22. The budget rates are the
calculated assessment rates that are req uired to generate revenue equal to the annual budget costs. The
maximum assessment rates are the maximum amounts allowed to be collected as established during
formation/annexation of the zone into District. The maximum assessment rate increases each year by the
Consumer Price Index (CPI) for the San Diego County area. The FY 2021-22 assessment rate will be the
lesser of the budget rate and the maximum rate.
April 5, 2022 Item #9
13
Page 23 of 27
Final Engineer's Report
Street Lighting and Landscaping District No. 2, Zone 16
City of Carlsbad
Fiscal Year 2021-22
Arterial Arterial
Light Tree
Development Acres EDU EDU
Z.one 16 -Marja Acres
APT 46 27.6 27.6
Non-Res 1.95 11. 7 11. 7
Park 1.54 2.3 2.3
SFA 248 198.4 198.4
240.0 240.0
R I Harris & Associates
Maximum
Median Asmt Rate Total
EDU ($/EDU) Max Asmt
27.6 $59.48 $ 1,641.62
11.7 $59.48 $ 695.90
2.3 $59.48 $ 137.40
198.4 $59.48 $11,800.62
240.0 $14,275.54
The maximum annual maintenance assessment will be increased for cost of living each year according to
the change in Consumer Price Index (CPI) for the San Diego County area. (Any other increases or changes to
the methodology of the Assessment must be submitted for property owner approval.)
April 5, 2022 Item #9
14
Page 24 of 27
I
'
I
PART D -ASSESSMENT ROLL
The Assessment Roll below is a listing of the proposed maximum assessment for Fiscal Year 2021-22
apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San
Diego.
The description of each lot or parcel is part of the records of the Assessor of the County of San Diego and
these records are, by reference, made part of this Report.
Current FY21-22
Assessor's Parcel Land Maximum Estimated
Parcel No. Zone Acres Use Asmt• Asmt
207-101-35-00 16 14.39 Vacant $9,996.35 $0.00
207-101-37-00 16 6.16 Vacant $4,279.19 $0.00
Total: $14,275.54 $0.00
The maximum annual maintenance assessment will be increased for cost of living each year according to
the change in Consumer Price Index (CPI) for the San Diego County area. (Any other increases or changes in
the methodology of the Assessment must be submitted for property owner approval.)
No assessments will be collected until the improvements have been constructed within the Zone.
PART E -ASSESSMENT DIAGRAM
An Assessment Diagram for the Maintenance District is provided on the following page.
B Harris & Associates www.WeAreHarris.com
April 5, 2022
Anna Tan-Gatue, PE
Project Manager
Anna.Tan-Gatue@WeAreHarris.com
P: 949.536.2507
Item #9
15
Page 25 of 27
April 5, 2022
NOT TO SCALE
SITE MAP
Marja Acres
Lighting and Landscaping District No. 2
Proposed Zone 16
Item #9 Page 26 of 27
" <D _,
PACIFIC OCEAN
~ Development Names:
~ Zone 1 -Calavera Hills
~ -Zone 2 -Kelly Ranch
i "8 ;J
~ ~ 0 z < z ij;
i!l. .. ::;
"!! ~ .. I ! ·a,
:!l '-;
5 .. Q.
~
Zone 3 -The Oaks South
Zone 4 -Thompsonrrabata
Zone 5 -Palomar Forum/Raceway
Zone 6 -Bressi Ranch
-Zone 7 -The Greens
Zone 8 -The Ridge
Zone 9 -The Oaks North Industrial
Zone 10 -Robertson Ranch East
Zone 11 -The Oaks North Residential
Zone 12 -La Costa Town Square
Zone 13 -Fair Oaks Valley
-Zone 14 -Quarry Creek
Zone 15 -Robertson Ranch West
s A~~ N>2~arja Acres M11es 8 Map c,.•"" by fl• City °' C•labad 0 11. Oll===:==-====-=-=========-======::!.J::i========::1==
TO: CITY CLERK
DATE OF PUBLIC HEARING:
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
suBJEcT: --+dl~ ...... r;· ..... G':;,t--'~ ....... _,_J ...._{l,_,c"""'"A...-a-t'>~~--=·LL:--=--L2}""'-===il--------
~oo Carlsbad Village Drive, Carlsbad, CA 92008 LOCATION:
D Other : ________________ _
DATE POSTED TO CITY WEBSITE __,,0)::::::LL.1 ..... 5:"-LL...J.c2i:~ol1.--<. --
DATE NOTICES MAILED TO PROPERTY OWNERS: __.;J...__'-'-l ff.__ _____ _ --NUMBER MAILED:
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~ CLERK'S OFFICE □OTHER _______ _
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _
~ Coast News on 2:/L,S-~
PUBLICATION DATE: Union Tribune ---------------
Coast News ---------------
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: @Irv CLERK'S OFFICE □ OTHER _______ _
Signature Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARING
The City Council of the City of Carlsbad will hold a public hearing on Tuesday April 5, 2022 at 5
p.m. in the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, to consider the
annexation of the Marja Acres development to Street Lighting and Landscaping District No. 2, a
Special Assessment District.
Those persons wishing to speak on the annexation of the Marja Acres development to Street
Li ghting and Landscaping District No. 2, a Special Assessment District are cordially invited to
attend the public hearing. Copies of the staff report will be available on and after April 1, 2022.
If you have any questions, please contact Roxanne Muhlmeister in the Finance Department at
(442) 339-2417 or Roxanne.muhlmeister@carlsbadca.gov.
If you challenge the annexation of the Marja Acres development to Street Lighting and
Landscaping District No. 2, a Special Assessment District, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village
Drive, Carlsbad, CA 92008, at or prior to the public hearing.
PUBLISH: Friday, March 18, 2022 and Friday, March 25, 2022
CITY OF CARLSBAD CITY COUNCIL
TO: CITY CLERK
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
LOCATION : ~00 Carlsbad Village Drive, Car ad, CA 92008
D Other: ________________ _
DATE POSTED TO CITY WEBSITE __ 2::,~/_,_J.L..<//'-'J."--'-;)...__
DATE NOTICES MAILED TO PROPERTY OWNERS: __ -_______ _ -NUMBER MAILED:
I declare under penalty of perjury under the laws oft he State of Cal ifornia that I am employed by
the City of Carlsbad ~the foregoing is true and correct.
DEP RTMENT: Bc1TY CLERK'S OFFICE □OTHER _______ _
,.
Signature Date
-------------------------------------~------------------------------------
SENT TO FOR PUBLICATION VIA E-MAIL TO: l.J'.:] Union Tribune on 3/2--?J~
D Coast News on· -----
PUBLICATION DATE: Union Tribune ------""":}).4-Jc?-""-.....:'SJ=-'--i-"'-Po_...::.~--=---=------
Coast News ______________ _
I d eclare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct .
DEPARTMENT: ~TY CLERK'S OFFICE □ OTHER _______ _
Signature Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council, acting as the Community Development
Commission of the City of Carlsbad, will hold an in-person public hearing at 5 p.m. on Tuesday,
April 5, 2022, to consider approval and authorizing submittal of the Public Housing Agency Annual
Plan to the U.S. Department of Housing and Urban Development.
The City of Carlsbad's Draft Annual Public Housing Agency Plan is available for public review.
Copies of this document are available for review at: City Libraries (1250 Carlsbad Village Drive
and 1775 Dove Lane), the Housing & Homeless Services Department (1200 Carlsbad Village
Drive), the Senior Center (799 Pine Ave), and on the city's website: www.carlsbadca.gov/housing
Those persons wishing to speak on the item are cordially invited to attend the public hearing.
Copies of the staff report will be available on and after Friday, April 1, 2022. If you have questions
please contact Maria Campa, Program Manager, at 442-339-5355. If you challenge the Draft
Annual Public Housing Agency Plan, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written correspondence
delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad,
CA 92008, at or prior to the public hearing.
PUBLISH: Friday, March 25, 2022
COMMUNITY DEVELOPMENT COMMISSION
■
.. ■
PROPERTY OWNER ASSESSMENT BALLOT
Assessor's Parcel Number: 207-181-35-00 & 207-101-37-00
Owner Name: Marja Dawn Selna, Trustee of the Hoffman Legacy Trust
Maximum FY 2021-22 Assessment Amount: $14,275.54 _.
Yes, I am IN FAVOR of the levy of the assessment described in this assessment ballot on the
properties described in this assessment ballot
No, I am OPPOSED to the levy of the assessment described in this assessment ballot on the
properties described in this assessment ballot
The undersigned certifies under penalty of perjury that the undersigned
is entitled to complete and submit this assessment ballot.
Print na of person completing assessment ballot
■
Marja Acres Annexation
Lighting & Landscaping District #2
Jason Rosado, Assistant to the Treasurer
Roxanne Muhlmeister, Assistant Finance Director
Finance Department
April 5, 2022
{ City of
Carlsbad
TODAY’S PRESENTATION
•Overview
•Public Hearing
•Ballot tabulation and report from City Clerk’s Office
•Adopt the resolution for annexation
ITEM 9: MARJA ACRES ANNEXATION
{ City of
Carlsbad
STREET LIGHTING &
LANDSCAPING DISTRICT NO. 2
•Street lighting
•Street trees
•Median landscaping
ITEM 9: MARJA ACRES ANNEXATION
{ City of
Carlsbad
PACIFIC OCEAN
MARJA ACRES
DEVELOPEMENT
•248 single family attached
units
•46 affordable senior units
•1.95 commercial acres
ITEM 9: MARJA ACRES ANNEXATION
ANNUAL ASSESSMENT
SINGLE FAMILY ATTACHED
Street lights $2.18
Street trees 9.60
Median landscaping 35.80
Annual assessment $47.58
ITEM 9: MARJA ACRES ANNEXATION
ACTION ITEMS
•Conduct the Public hearing
•Ballot tabulation and report
•Adopt the resolution
f
ITEM 9: MARJA ACRES ANNEXATION
{ City of
Carlsbad