Res 09-020
RESOLUTION NO. 09-020
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWA Y, CALIFORNIA
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN THE POWAY LIGHTING DISTRICT
FOR FISCAL YEAR 2009/2010
WHEREAS, the City Council of the City of Poway desires to levy and collect
assessments within the Poway Lighting District for the purpose of maintaining, servicing,
operating, and administering public lighting facilities, including, but not limited to, street
lights, traffic signals, lighted street signs, and flashing beacons, in the City of Poway as
shown in Exhibit A of the Poway Lighting District Engineer's Report that is on file in the City
Clerk's Office, pursuant to the Streets and Highways Code, and attached hereto; and
WHEREAS, assessments will not increase from the Fiscal Year 2008/2009
assessment rate of $15.00 per benefit unit for Zone A, $3.75 per benefit unit for Zone B,
and $13.58 per benefit unit for Zone C; and
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City
general benefit contribution has been calculated as the average General Fund expenditure
for the maintenance of street lighting and traffic signals. This general benefit contribution
has been calculated to be $106,970; and
WHEREAS, under Article XIII D, Section 5(a) of Proposition 218 (adopted by
general vote on November 5, 1996), the collection of Fiscal Year 2009/201 0 assessments
is exempt from the procedures and approval process set forth in Section 4 of Article XIII D,
in that the assessments have been determined to exclusively finance the capital costs or
maintenance and operation expenses for streets; and
WHEREAS, the public interest and convenience require the maintenance, service,
and operation of street lighting, lighted street signs, traffic signals, and flashing beacons
within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The foregoing recitals are true and correct and the City Council so
finds and determines.
Section 2: Proposed assessments are as detailed in the Engineer's Report for
Poway Lighting District for Fiscal Year 2009/2010.
Section 3: Pursuant to the Streets and Highways Code, a public hearing will be
held on July 21, 2009 by the City Council to consider the levying and collection of the
proposed assessments.
Resolution No. 09-020
Page2
Section 4: The City Clerk shall cause this Resolution to be published in the
Poway News Chieftain, a newspaper of general circulation in the City of Poway.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway at a
regular meeting this 191h day of May, 2009.
.~~.~ +\ /, " ,
Don Higginson, Mayor t~
ATTEST:
.---
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda Troyan, City Clerk of the City of Poway, do hereby certify under penalty of
perjury thatthe foregoing Resolution No. 09-020 was duly adopted by the City Council at a
meeting of said City Council held on the 19th day of May 2009, and that it was so adopted
by the following vote:
AYES BOYACK, CUNNINGHAM, REXFORD, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~
royan, City Clerk
Poway
ENGINEER'S REPORT
FOR
POWA Y CITY LIGHTING DISTRICT
FISCAL YEAR 2009/2010
PURPOSE
The purpose of this report is to present the findings and engineering analysis for the
City of Poway's Street Lighting District for Fiscal Year 2009/2010. This Lighting District,
utilizing direct benefit assessments, finances the cost of providing maintenance and
operation of public street lighting facilities within the City, including but not limited to, street
lights, traffic signals, lighted street signs, and flashing beacons. The District contains all the
territory within the boundaries of the City of Poway.
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ENGINEERING ANALYSIS
Name
The District is entitled "Poway City Lighting District"
Boundary
The boundaries of the assessment District are shown on the Assessment Diagram
(see Exhibit A). All parcels identified on the latest San Diego County Assessor's maps
within the City of Poway are included in the District However, public properties such as
roadways, alleys, greenbelts, parkways, and other public properties are exempt from the
assessment
The property lines and dimensions of each lot or parcel of land within the Lighting
District are shown in detail on the County of San Diego Assessor's maps, on file in the
County Assessor's Office, 1600 Pacific Highway, Room 103, San Diego, CA 92101.
DEFINITIONS
The following definitions were written for clarification as a key to understanding the
assessments levied against parcels and derivation of benefits:
"Facilities" shall mean street light standards, traffic signals, flashing beacons, their
appurtenances, or related improvements, and the energy and maintenance costs to
operate them,
"Gated Community" shall mean a community that restricts the general public from routine
access to streets and roads vacated by the City to the community, but where utility
easements have been retained by the City.
ATTACHMENT B
Engineer's Report - PDway Lighting District
FY 2009/2010
Page 2
"Immediate Vicinity" (based on the City's illumination spacing standards) shall mean:
(1) All parcels within subdivisions/commercial/industrial developments that.have
street lighting improvements as a condition of development.
(2) All single-family residential parcels having street lighting on their street, at
cul-de-sacs, major curves, and/or intersections.
(3) All multi-residential, commercial, and industrial parcels having street lighting
spaced within 300 feet (except where there are placement limitations, the
spacing will not exceed 400 feet).
--
"Sub-Zone" shall mean those parcels which can be administratively separated from a zone
to equitably fund the actual cost of maintenance and operation specific to the needs of
those parcels.
"Utilities Easement" shall mean right-of-access retained by the City and other public utilities
for the purpose of maintaining and operating public utilities including, but not limited to,
water, sewer, storm drain, street lighting, electrical, telephone, and cable TV services.
"Vacant Parcel" shall mean any parcel that has not been developed with a structure that is
intended for habitation, storage, business, industry, or other like use, and has not been
designated for farming or rural land use.
Although the benefit to parcel rate structure used for this report is the latest SANDAG traffic
generation study, the above definitions will assist in re~evaluating benefit for future
assessments.
FINDINGS
On May 12, 1986, the City Council of the City of poway initially formed the Poway
City Street Lighting District under the California Streets and Highways Code, landscaping
and Lighting Act of 1972. This report covers the levy of the annual assessments for Fiscal
Year 2009/2010, and provides for annexations of additional City areas into the lighting
District.
Part 2 of Division 15 of the Streets and Highways Code, Landscaping and lighting
Act of 1972, permits the establishment of AssessmentDistricts by cities for the purpose of
providing certain public improvements, which include maintenance and operation of street
light facilities, including, but not limited to, street lights, traffic signals, lighted street signs,
and flashing beacons. These improvements consist of all City-owned street lights. Traffic
signals and flashing beacons were included within the District beginning Fiscal Year
1993/1994.
Engineer's Report - Poway Lighting District
FY 2009/2010
Page 3
There are 3,045 street lights (outlined on page 4 of this report), 55 and one-third
traffic-signaled intersections, (with related lighted street name signs), 25 flashing beacons,
12 flashing stop signs, fiber optics, video detection units, and 214 safety lights that are
maintained by District contract. The inventories for all facilities maintained by the District
have increased
The 1972 Act requires that maintenance assessments be levied according to benefit
rather than according to assessed value Section 22573 provides that:
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 along all assessable lots or parcels in proportion to the estimated
benefit to be received by each such lot or parcel from the improvements.
The Act also permits the designation of zones of benefit within any individual
assessment district. California Streets and Highways Code Section 22574 states that, "by
reasons of variations in the nature, location, and extent of the improvements, the various
areas will receive different degrees of benefit from the improvement". Thus, the 1972 Act
requires the levy of a true "assessment" rather than a "special tax".
In Fiscal Year 1995/1996, it was determined that all "buildable" vacant parcels
receive some benefit from street lights and traffic signals. "Benefit" is derived from facility
improvements either by immediate vicinity street lighting and major arterial street lighting
[Zone A] or by major arterial street lighting [Zone B], and by a proportionate equitable share
of traffic signals, flashing beacons expense based on one unit per residential parcel. The
benefit for buildable vacant parcels is based on 50 percent of the appropriate unit rate for
each applicable zone.
1 The City of Poway pays CalTrans, by agreement, one-third the maintenance and operation costs for the
Poway Road/Highway 67 intersection traffic signal lighting and associated facilities.
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Engineer's Report - Poway Lighting District
FY 2009/2010
Page 4
STREET LIGHT INVENTORY 2009/2010
(From April 1 ,2009 tD April 30, 2010)
City of Poway (LS2A) Liqhts
22 0 35w 22
10 17 55w 27
1,842 0 90w 1,842
7 0 135w 7
982 0 180w 982
165 0 175w 165
City Safety Liqhts Enerqized with Traffic Siqnals
55w LP Sodium Vapor
90w LP Sodium Vapor
135w LP Sodium Vapor
180w LP sodium Vapor 78
'm'T . I'ffi 'W ""-,-~ -&If ""titS'" tlilli"'1:f,~'11~>1l
'1\'0 a' 0 ay< a . ~ "I\i~~ ..' -
ilE,ti."'';''>i'li",'8~ . .' "- ~~,~ "~~h2~1,t,
,t_-O~f!'I,ze'_'!;4i~' ,~, to. ~~j. ,;j'fi!" .~~
2 Low Pressure
Engineer's Report - Poway Lighting District
FY 2009/2010
Page 5
FINANCIAL ANALYSIS
The 1972 Act provides that the total cost can be recovered in the assessment
spread including incidental expenses. The latter can include engineering fees, legal fees,
printing, mailing, postage, publishing, and all other costs identified with the district
proceedings. Fiscal Year 2009/201 0 expenditures for street lighting facilities are estimated
below.
Lighting District FY 07/08 1 FY 08/09 2 FY 09/102
Beginning Fund Balance $3,284,381 $3,609,359 $3,485,355
Revenues Zones A, Band C
Zone A Assessment@ $15.00/BU $ 339,257 $ 336,176 $ 336,174
Zone B Assessment@$ 3.75/BU 12,923 12,912 12,885
Zone C Assessment@$13.58/BU 354,569 351,058 351,050
Ad Valorem Tax (General Tax Contribution)' 311 ,895 305,660 299,550
City General Benefit Contribution 103,000 105,570 106,970
Interest 134,025 100,000 100,000
Misc. 49,883
Grant 18,750
Total $1,324,302 $1,211 ,376 $1,206,629
Expenditures Zones A, Band C
Operation & Maintenance Contract $ (370,791) $ (568,110) $ (330,520)
General Engineering
Energy Costs (301,017) (335,740) (335,000)
Administration' (298,644) (431,530) (253,930)
Total $(970,452) $(1,335,380) $(919,450)
Committed Balance for Capital
Improvement Projects:
Traffic Signal Revitalization $ (2,821)
Budwin Lanerrwin Peaks Signal (40)
Signal Left Turn Phasing (26,011 )
Total $(28,872) $(0) $(0)
Ending Fund Balance $3,609,359 $3,485,355 $3.772.534
1. Actual figures per Finance Fiscal Year 2007/2008 activity sheets.
2. Projected budget.
3. Indudes cost allocation for City services
4. Based on a 21>/0 decrease in property values.
Engineer's Report - poway Lighting District
FY 2009/2010
Page 6
Funds from the Appropriated Contingency Capital Replacement Fund Balance may
be used to offset any deficits realized during any fiscal year.
BENEFIT ANALYSIS
At the writing of this report, 15,350 parcels have been identified as within the District
boundaries. It has been determined that all [except public-owned and unbuildable
miscellaneous] parcels (including vacant parcels), are assessable. Three benefit zones for
assessment purposes have been established as follows:
"Zone A" parcels are those that have street lighting within their immediate vicinity.
These parcels fund the maintenance and operation of immediate vicinity street lighting plus
an amount equivalent to "Zone B" assessments for the maintenance and operation of major
arterial street lighting. [This includes both "Service" and "Community" benefits].
"Zone B" parcels are those that equitably share the expense for the maintenance
and operation of major arterial street lighting. [This only includes "Community" benefits].
"Zone C" parcels are all parcels that equitably share the expense for the
maintenance and operation of traffic signals and flashing beacons.
As in previous years, the Fiscal Year 2009/2010 structure of the benefit
assessments is based on traffic generated by the use of the parcel. Benefit Units are then
calculated for each parcel. using a benefit factor derived from the land use/traffic
generation functions.
Derivation of Benefit Factor
Benefit factors have been determined for those land use categories whose codes
are shown in Exhibit B. A benefit factor of 1.0 is assigned to single family residential land
use.
Benefit factors for all other land use categories are then derived in proportion to land
use/traffic generation, as compared to the single-family residential traffic generation rate of
10 trips per dwelling unit, or 40 trips per acre. Traffic generation rates by land use are
prepared by the San Diego Association of Governments (SANDAG) and CAL TRANS,
District 11, based on trip generation studies done in the San Diego region. These are
generally accepted for use by the San Diego County Lighting District and other lighting
districts throughout the County to calculate these assessments. Vacant land has been
calCUlated at 50 percent of benefit based on the parcel's designated land use.
Engineer's Report - Poway Lighting District
FY 2009/2010
Page 7
The derivation of benefit factors for land use categories other than single-family
residential is provided in the examples listed below:
LAND USE TRIP GENERATION RATE BENEFIT UNITS (BU)
Single Family Residential
Apartments or 10 trips/DU = 1.0
Multi-Family 10 trips/DU
Residential Condominium 8 trips/DU = 0.8
10 trips/DU
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Commercial Retailer 400 trips/acre = 10.0
40 trips/BU
Regional Shopping, 500 trips/acre = 12.5
Medical, Dental, Animal Hospital 40 trips/BU
Community Shopping 700 trips/acre = 17.5
40 trips/BU
Neighborhood Shopping, 1 ,200 trips/acre = 30.0
Theater, Restaurant 40 trips/BU
Hotel, Motel 200 trips/acre = 5.0
40 trips/BU
Parking Lot, Garage, Hospital, 300 trips/acre = 7.5
Bowling Alley, Used Cars, 40 trips/BU
Auto Sales/Services
Small Automotive Garage 400 trips/acre = 10.0
40 trips/BU
Large Chain Grocery/Drug 2000 trips/acre = 50.0
Stores 40 trips/BU
Service Station 600 trips/acre = 15.0
40 trips/BU
Convalescent Hospitals, 40 trips/acre = 1.0
Rest Homes, Bulk Storage, Etc. 40 trips/BU
Engineer's Report - Poway Lighting District
FY 2009/2010
Page 8
LAND USE TRIP GENERATION RATE BENEFIT UNITS (BU)
F actory~Light Manufacturing, 60 trips/acre = 1.5
Warehouse, Church, ChurchPkg, 40 trips/BU
Fire, School, Library, Meeting Hall,
Gymnasium, SpecJMisc.
Ins titution/Recre a ti on a I
Factory--Heavy Manufacturing, 120 trips/acre = 3.0
Extra_active, mining 40 trips/BU
SpecJMisc. Industri~~ 100 trips/acres = 2.5
40 trips/BU
1-3 Story Misc. Store Bldgs., 600 trips/acre = 150
4+ Story Offices/Stores, 40 trips/BU
Misc. Commercial, Radio
Station, Bank, Car Wash
Mobile HomerTrailer Park 5 tripslDU = 05
10 trips/BU
Multi-Residential 6 trips/DU = 0.6
10 trips/BU
Farmland, Rural Land, 2 trips/acre = 0.05
Agricultural Preserve 40 trips/BU
Cemetery, Mausoleum, 5 trips/acre = 0.1
Mortuary 40 trips/BU
Golf Course 8 trips/acre = 02
40 trips/BU
Office Condominiums 20 trips/Condo = 2.0
10 trips/BU
Industrial Condominiums 8 trips/Condo = 0.8
10 trips/BU
Vacant Land Vacant land generates = 50%
[Buildable] a nominal number of based on
trips as compared to developed designated
parcels and therefore, receives benefit land
a proportionate benefit from us~ code
street lighting
Engineer's Report - Poway Lighting District
FY 2009/2010
Page 9
Calculation of Benefit Units
Benefit factors are extended to Benefit Units for assessment by multiplying the
benefit factor by the number of dwelling units per parcel or the acreage of the parcel as
appropriate. This base calculation is applicable to all parcels that accrue both community
benefits and service benefits, as previously defined. Benefit factors for all land use
categories, as derived above, are tabulated in Exhibit C.
Approximately one-third of all parcels in the City of poway do not, however, receive
service benefits. An adjustment in base Benefit Units for Zones A and B must then be
made to reflect community benefits only. For this purpose, it is assumed that one-fourth of
tDtal benefits accrue as community benefits and three-fourths accrue as service benefits.
Therefore, a community benefit factor of 0.25 is applied to the benefit factors for all
developed parcels not directly serviced by street lights. The adjusted benefit factors are
then extended as noted above.
Using current available data from the San Diego County Assessor, an estimate of
aggregate Benefit Units by zone has been computed using the described method. These
estimates are tabulated in Exhibit D.
Based upon the previous discussion, it is proposed in Fiscal Year 2009/2010, that
the base benefit charge be $15.00 for Zone A Thus, charges for community benefits and
for service benefits will be $3.75 and $11.25, respectively. In summary, those parcels in
Zone A will be assessed at $15.00 per benefit unit and those parcels in Zone B will be
assessed at$3.75, per Benefit Unit
Zone C assessments are based on equal service benefits. Therefore, service
Benefit Units will be $13.58.
Respectfully Submitted,
Frank Casteleneto Date
PE 27748 exp. 3/31/2010
,For tax collection proposes, the assessments are rounded to an even number by the County AssessMs
Office.
EXHIBIT A
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LIGHTING DISTRI
CT PLANNING AREA
Exhibit B
lAND USE CODES
RESIDENTIAL
09 Mobilehome IRRIGATED FARM
10 Vacant residential 50 Vacant (water available)
11 Single family residence 51 Citrus
12 Duplex or double 52 Avocados
13 Multiple 2 to 4 units or 2 houses 53 Vines
14 Multiple 5 to 15 units 54 Misc. trees
15 Multiple 16 to 60 units 55 Livestock
16 Multiple 61 units and up 56 Poultry
17 Condominium 57 Misc irrigated crops
18 Co-op 58 Growing houses
19 Miscellaneous 59 Special or misc.
COMMERCIAL RURAL LAND (NON-IRRIGATED)
20 Vacant commercial 61 1-10 acres
21 One to 3 story misc. store bldgs. 62 11-40 acres
22 Four story & up office & store bldgs. 6341-160 acres
23 Regional shopping center 64161-360 acres
24 Community shopping center 65 361 acres and up
25 Neighborhood shopping center
26 Hotel, motel INSTITUTIONAL
27 Service station 70 Vacant institutional
28 Medical, dental, animal hospital 71 Church
29 Convalescent hospital, rest home 72 Church parking or related
30 Office condominiums 73 Cemetery
31 Parking lot, garage, used car lot 74 Mausoleum
32 Trailer park 75 Mortuary
33 Theater 76 Public bldg. (firehouse, school,
34 Bowling alley library)
35 Restaurant 77 Hospital
36 Car wash 79 Special or misc.
37 Grocery or drug - large chain
38 Auto sales and service agency RECREATIONAL
39 Misc. commercial, radio station, 80 Vacant recreational
bank, etc. 81 Meeting halls, gym
82 Golf course
INDUSTRIAL 83 Marina, docks
40 Vacant industrial 84 Recreational camps
41 Factory -light manufacturing 85 Non-taxable
42 Factory - heavy manufacturing 86 Open space easements
43 Warehousing - processing or 87 Agricultural preserve
storage 88 Agricultural preserve (contract)
44 Bulk storage (tanks, etc.) 89 Special misc.
45 Extractive & mining 90 Vacant taxable - government
46 Small automotive garages owned property
47 Industrial condominiums 91 Improved taxable - government
49 Special or misc. industrial owned property
Exhibit C
Benefit Factors by Land Use Code
Benefit LU Benefit LU
Factor Code Land Use Factor Code Land Use
0.0 00 Unzoned 15/AC 39 Misc. commercial,
0.02/TS 07 Timeshare radio station, bank
0.5/SP 09 Mobilehome/Condo 50% 40 Vacant industrial
Space* 1.5/AC 41 Factory - light
05 10 Vacant residential manufacturing
1.0/DU 11 Single family res. 3.0/AC 42 Factory - heavy
1.0/DU 12 Duplex or double manufacturing
1.0/DU 13 Res. 2-4 units/2 1.5/Ac 43 Warehouse -
houses processi ng or storage
1.0/DU 14 Res. 5-15 units 1.0/AC 44 Bulk storage
1.0/DU 15 Res. 16-60 units (tanks, etc.)
1.0/DU 16 Res. 61 units & up 3.0/AC 45 Extractive & mining
1.0/DU 17 Condominium 1.0/AC 46 Small automotive
1.0/DU 18 Co-Op garage
1.0/DU 19 Misc. residential 0.80/AC 47 Industrial condos
50% 20 Vacant commercial 2.5/AC 49 Spec. misc.
15/AC 21 1-3 story misc. industrial
store buildings 50% 50 Vacant irrigated
15/AC 22 4 story & up 0.05/AC 51 Citrus
offices/stores 0.05/AC 52 Avocados
12.5/AC 23 Regional shopping 0.05/AC 53 Vines
center 0.05/AC 54 Misc. trees
17.5/AC 24 Comm. shopping 0.05/AC 55 LivestDck
center 0.05/AC 56 Poultry
30/AC 25 Neighborhood 0.05/AC 57 Misc. irrigated
shopping center crops
5.0/AC 26 Hotel, motel 0.05/AC 58 Growing houses
15/AC 27 Service station 0.05/AC 59 Special misc.
12.5/AC 28 Medical/dental/ irrigated
animal hos pita I 0.05/AC 61 Non-irrigated 1-10
1.0/AC 29 Convalescent AC
hospital, rest home 0.05/AC 62 Non-irrigated 11-40
0.5/CO(unit) 30 Office condominium AC
7.5/AC 31 Parking lots, 0.05/AC 63 Non-irrigated 41-
garage, used cars 160AC
** 32 Trailer park* 0.05/AC 64 Non-irrigated 161-
30/AC 33 Theater 360 AC
7.5/AC 34 Bowling alley 0.05/AC 65 Non-irrigated 361
30/AC 35 Restaurant AC and up
15/AC 36 Car wash 50% 70 Vacant institutional
50/AC 37 Large chain grocery 1.5/AC 71 Church
7.5/AC 38 Auto sales/servi ces 1.5/AC 72 Church park ing/related
agency 0.1/Ac 73 Cemetery
0.1/AC 74 Mausoleum
0.1/AC 75 Mortuary
. - .
Benefit LU. Benefit LU.
Factor Code Land Use Factor Code Land Use
1.5/AC 76 Public Building **** 84 Recreational camps
(fire, school, library) 00 85 Non-tax recreational
7.5/AC 77 Hospital 0.0 86 Open space eas ements
1.5/AC 79 Spec. misc. institutional 0.05/AC 87 Agricultural preserve (no
50% 80 Vacant recreational contract)
1.5/AC 81 Meeting hall, gym 0.05/AC 88 Agricultural preserve
0.2/AC 82 Golf course ( contract)
05/AC 83 Marina, dock*** 1.5/AC 89 Spec. misc. recreational
50% 90 Vacant taxable -
gDvernment property
1.0/AC 91 Improved taxable -
~ government property
. Exclude Mobilehome Coaches
.. Force to 0.5/S pace
... Force to OA/Slip for Time Shares
""""** Force to OA/Campsite
NOTE: Acreage <.5 AC = .05 AC
Exhibit D
ESTIMATED ESTIMATED
BENEFIT ASSESSED
ZONE UNITS PARCELS
Zone A 22,411.58 11,752
Zone B 3,435.94 2,959
Zone C 25,850.50 14,712
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