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Mr. Faraj, Thank you for keeping me in the loop and I, in turn, am able to
keep the Board and the Association’s attorneys in the loop as well. Your excellent points are exactly on the target. Thank you so
much for taking the time to respond to the City. Kind Regards, Mary Ann Redington From: Haytham Faraj
[mailto:haytham@puckettfaraj.com] Ms. Prosser: Thank you for your quick reply
on behalf of Councilmember Feller. I read the entire letter. I want
to point out some issues of concern. The letter states that the street
lights installed in Rancho Del Oro are different than those installed around
the city. That is certainly true but it is also true that the city was on
notice and knew that the street lights in RDO are different. The letter
also states that the bases of the lights began to rust. But you also
admit that the maintenance was and remains that city’s responsibility.
Maintenance should not begin when the light poles need replacing. The
city should have undertaken to maintain the lights a long time ago. The
city’s negligence now requires it to have to expend more money on replacing the
poles rather than a coat of paint applied once every couple of years to keep
the rust off. There are several more issues that are inconsistent and
unpersuasive in the letter. I will refrain from addressing them here
until I hear the results of the meetings between the city and RDO.
I request, however, that you inform the councilman that the city
was on notice when it entered into the agreement. The city managers knew
that the lights were different; they knew that they were functional as well as
atheistic; they knew that they would require more maintenance than the standard
concrete lights the city uses. And it also knew that a populated RDO
subdivision would be a new tax revenue cash cow. They, therefore,
willingly and knowingly entered into an agreement from which the benefitted but
now seek to breach. The city has taken my tax money. I expect it to
fulfill its obligations. Vr, Haytham Faraj From: Vickie Prosser
[mailto:VProsser@ci.oceanside.ca.us] Dear Mr. Faraj: Councilmember Feller asked me to forward the following
letter written by of our City Attorneys, Barbara Hamilton, regarding the issue
with lights in your neighborhood. He feels it answers many of the
questions posed by individuals concerned with the situation and hope this will
give you some idea as to the situation at this time. Her letter stated: In response to your specific
questions and concerns: 1. As you know, the street lights in the RDO
neighborhood are different from the street lights throughout the rest of the
City. This is so, because at the time the community was planned, the
developer desired to establish a special aesthetic character unique to the RDO
neighborhood, which was accomplished through the use of specialized
improvements, facilities, signs and street furniture. Those improvements
and facilities, including the street lights, are not standard City items.
Pursuant to Street Maintenance Agreements with the City formed at the
inception of the development, the City accepted responsibility for maintaining
the street lights but only to the same extent as the City maintains City standard
street lights. Importantly, the RDO property owners (through their HOA)
are responsible under the Street Maintenance Agreements to pay any extra cost
to maintain the street lights “to the extent it exceeds the City’s cost of
maintaining standard City items.” 2. The RDO street lights are constructed of a
non-galvanized, painted metal; City standard street light poles, on the other
hand, are made of concrete and require minimal maintenance. The City has
in fact maintained the RDO street lights at the same level as it has maintained
City standard street lights in other areas of the City (e.g., replacing lamps
and photo cells when necessary). Under the Street Maintenance Agreements,
the cost of providing any maintenance beyond that level is the responsibility
of the property owners, through their HOA. The HOA never requested the
City to provide additional maintenance for the metal poles, even when City
staff pointed out to the management company the first signs of rust on the
poles. Moreover, several years ago the City replaced many of the metal
bases, which were beginning to rust, with plastic bases and did not recover the
extra cost from the HOA, even though the City was entitled to do so under the
Street Maintenance Agreements. The Street Maintenance Agreements specifically
authorize the City to remove and replace non-standard improvements with
City-standard improvements, at the HOA’s expense, “upon the City’s
determination, in its sole discretion, that the public health and safety
require such permanent replacement.” When the light poles became so
rusted and deteriorated that they began to fall, the City determined that they
posed a safety hazard and, after contacting the HOA’s management company,
removed those poles that posed the greatest hazard. The Street
Maintenance Agreements specifically provide that the property owners, through
the HOA, are responsible for the costs of removal and replacement of the street
lights under these circumstances. 3. The street light assessments that appear on your property
tax bill are used to pay for electricity, maintenance, debt service, and
administrative costs of providing street lighting throughout the City.
The amount collected has been insufficient in recent years to cover the full
cost of the program, and accordingly the City has had to subsidize the street
lighting fund from other sources. As
I noted previously, the City shares the residents’ desire to replace the street
lights that have been removed, but we face the joint challenge of finding the
funds to pay for the replacement. Although the City and the HOA disagree
as to who bears responsibility for replacement of the street lights, we are
trying to focus on a solution rather than arguing about the problem. City
staff has obtained cost estimates to replace the 132 poles that have been
removed, and we are exploring various financing options. We expect to
meet again with the HOA and its attorneys within the next two weeks to
discuss possible cost-sharing arrangements as well as a comprehensive program
for removal and replacement of the remaining street lights. We hope this gives you a more thorough understanding of the
situation. Sincerely, Vickie A. Prosser, Aide to Councilmember Jack Feller |