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HomeMy WebLinkAbout1999-07-13; City Council; 15312; Street Lighting And Landscape District No 1CP’ OF CARLSBAD - AGENP BILL STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 - PUBLIC HEARING RECOMMENDED ACTION: Hold this public hearing to hear the staff report, receive public comment and approve Resolution No. 97 M&s5 confirming the diagram and assessment as contained in the Engineer’s Report and providing for the levy of the annual assessments of the Street Lighting and Landscaping District No. 1; and approve Resolution No. 49 -254 authorizing a transfer of funds from the General Fund budget to certain special funds budgets ITEM EXPLANATION: At the Council meeting of June 22, 1999, Council approved three resolutions which initiated proceedings and ordered the presentation of an Engineer’s Report for a Special Maintenance District, approved the Engineer’s Report and set tonight’s public hearing (July 13, 1999). Tonight Public Works staff will present a comprehensive report on the maintenance and operations procedures and Fiscal Year 1999-00 adopted budget packages for the three zones: Street Lighting, Street Tree Maintenance and Street Median Maintenance, as detailed in the previously approved Engineer’s Report. Included in tonight’s report will be a description of the City’s contribution of a “General Benefit” to each of the three zones which will be presented by the engineering consultant for the District. The “General Benefit” first became an inclusion of the District’s processing in Fiscal Year 1997-I 998 in compliance with Proposition 218. The Resolution setting tonight’s public hearing was published in the North County Times in the time frame codified in the Government Code (ten days prior to this public hearing). In addition, staff published an additional information type announcement in the newspaper to invite public input prior to tonight’s meeting. At the close of the public hearing tonight, Council is requested to adopt Resolution No. 99 *ass providing for the levy of the annual assessments for Fiscal Year 1999-00, and approve Resolution No. 9cI -256 authorizing a transfer of funds from the General Fund budget to certain special funds budgets. FISCAL IMPACT: The Fiscal Year 1999-2000 Street Lighting and Landscaping District No. 1 total budget for the three zones is projected to be $1,714,608.00. The City’s General Fund will contribute $53,500 to the Street Lighting Zone for the personnel, maintenance and operations services to other departments and City facilities. In addition, the City’s General Fund will contribute $70,000 to the Street Tree Zone for staff time and equipment spent on maintaining City parks and Hosp Grove which, by policy, are not considered part of the public right-of-way program. The City’s General Fund will also contribute $60548.79 to the Street Lighting Budget, $43,995.55 to the Street Tree Budget and $40,723.82 to the Street Median Budget as “General Benefit” assessments, as further described in the Engineer’s Report. As shown in the following table, a single-family residential parcel which benefits from the street PAGE 2 OF AB# )$3/G lighting, street tree maintenance and median maintenance programs would have an anticipated assessment of $70.44 for Fiscal Year 1999-2000, the same as for Fiscal Years 1996-97, 1997-98 and 1998-99. ASSESSMENT SUMMARY FOR THE AVERAGE SINGLE FAMILY PARCEL BENEFIT ZONE Street Light Maintenance Average Assessment Average Assessments Change in Fiscal Years 1996-97 Fiscal Year Average 1997-98 & 1998-99 1999-2000 Assessments $26.00 326.00 -O- Street Tree $36.10 $36.10 -O- Maintenance Median Maintenance $ 8.34 $ 8.34 -O- TOTAL $70.44 $70.44 -O- *Assessment rate represents a single family residence within a code with largest number of single family resident parcels. EXHIBITS: 1. Order of Procedure 2. Approved Engineer’s Report 3. Resolution No. ?i -2s S 4. Resolution No. 99 -25 6 3 EXHIBIT 1 MAYOR: CITY CLERK: MAYOR: STAFF: MAYOR: STAFF: ORDER OF PROCEDURE CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 DATE OF PUBLIC HEARING: JULY 13,1999 “This is the time and p/ace fixed for the public hearing relating to the levy of certain assessments to cover the cost of maintenance for certain street improvements existing within the boundaries of Street Lighting and Landscaping District No. 1.” (Address the City Clerk) “Has proper notice been given in the manner and form as required by law, and is a Certificate of Compliance on file and open for public inspection?” Verifies and gives date of legal notice. “And now staff will present a report based on the approved Engineer’s Report. ” Provide description of boundaries of district. Explain extent of maintenance work. Present and summarize report pursuant to the provisions of the Landscaping and Lighting Act of 1972. Explain method and formula of assessment spread. Report on protests received and announce that copies have been delivered to each member of the legislative body. END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION “This public hearing is now open for public discussion. Will any person who is opposed to the assessment district step forward and present his/her opposition to the following: Boundaries of the district Extent of works of maintenance or method of assessment spread.” Next, “Will any person wishing to speak in favor of the district come forward. ” Give final report on protests received. Presentation of proposed changes, if any. CITY COUNCIL: Discussion MAYOR: “This public hearing is now closed.” EXHIBIT 2 CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 ANNUAL ENGINEER’S REPORT FISCAL YEAR 1999-00 JUNE 22,1999 ENGINEER’S REPORT AGENCY: CITY OF CARLSBAD PROJECT: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 ENGINEER’S 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 specification 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 I, 1999 to June 30, 2000 (hereinafter referred to as the Fiscal Year). This report is prepared in 2 parts (Street Lighting and Landscaping), each of which consists of the following 3 sub- parts: Part I. Part II. Part III. 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. 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 maps. AN ESTIMATE OF COSTS AND 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 assessable lots or parcels in proportion to the benefits to be received by each lot or parcel. Annual assessment increases will be caused by reasons of increases in the costs of labor, materials and utility cost increases as applied to energy rates and water fees. Engineer’s RepI- 1999 1 Assessments can be annually modified and increased to reflect an annual modification in the cost of labor and materials based upon the Consumer Price Index, San Diego, as published by the Department of Labor as computed for the first Index in March of each year with additional modifications for related energy and water rate increases. Executed this /o ’ day of ELM , lggg at C;G 04 6//,b41 Deputy City Engineer RCE 33081 Engineer’s Report - 1999 2 DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED‘ The improvements to be maintained and serviced are generally described as street lighting, street trees and landscaped and hardscaped street medians all located within the public right- of-way and as caused by new development and City improvement projects, all as set forth and described in this Engineer’s Report. New development has added 426 street lights to be included in the City’s Fiscal Year 1999-00 maintenance inventory. The City’s street tree inventory remains constant at approximately 21,000 trees, with the exception of replacement of damaged trees. New development improvements do not include trees in public street right-of-way areas adjacent to sidewalks. The additional street median area to be maintained in Fiscal Year 1999-00 is 6.5 acres due to the inclusion of median improvements to portions of Palomar Airport Rd., El Camino Real, Cannon Rd., Melrose Ave. and Alga Rd. The Street Lighting Zone, the Street Tree Trimming Zone and the Street Median Maintenance Zone assessments will not increase in Fiscal Year 1999-00, and will remain at the same base formula rates as assessed in Fiscal Years 1996-97, 1997-98 and 1998-99. All new assessor’s parcels, that by petition of the property owner(s) have been added to the three zones, will be calculated at the same base formulas as used in the last three fiscal years. Engineer’s Report - 1999 7 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 SPECIFICATION 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 Assessment District Administrator, 405 Oak Avenue, Carlsbad, CA; are available for public inspection; and are 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 and code within the District. PART II. 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 and codes 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 Attachment “A”, followed by individual diagrams showing samples for each of the eight codes within Zone 1. A detailed diagram is maintained in the office of the Assessment District Administrator, 405 Oak Avenue, Carlsbad, CA, and is available for public inspection. Engineer’s Report - I999 8 Lighting and Landscaping District No. 1 FY 1999 - 2000 m Street Light Maintenance Benefit Zones n 1 __- 1 Street Light Non-Benefiting Parcels w 4+ E 5 Engineer’s Report I999 6 ATTACHMENT “A” .: ‘L,.... Engineer’s Rcpor( - 159 7 . - Engulccr’t RCpo” - ,999 I -1 8 i. 4 ’ / d ’ \ - - - . VI CRY LlGM’5 ON MAJUF? %?l?I’5, ~71?lvpik LI6HTlN6 WlMlN lIm/~LuPMtN~~ Enginnr’s Repon I999 10 13 . - - &2 Cl-I-Y Lull-s CON1305 ANV WKTMCNl”i Enginm’s Report - 1999 II I?2 CIW LlalT5 CUMM&FClA ANV llwLI5II?lPJ, Engineer’s Rqxwt ,999 12 En&er’s Repon ,999 13 . . Ill Ill clfl klhklf5 Al clfl klhklf5 Al E $klKL c(II\I\pLEX E $klKL c(II\I\pLEX Engineer’s Repi 1999 Engineer’s Repi 1999 14 14 METHOD AND FORMULA FOR ASSESSMENT SPREAD FOR STREET LIGHTING Within the City wide Street Lighting Assessment boundaries are the following two zones: Zone 1 - City owned and maintained street lights Zone 2 - Undeveloped property - non-benefiting, not assessed Zone 1 consists of the following sub-codes and their benefit spread formulas: CODE Al* CODE Bl* CODE Cl* CODE Dl* Street lights at intersections only (residential) Street lights at intersections and mid-block (residential) Street light spacing at current City engineering standards (residential) City owned street lights on surrounding streets, private lighting within development (single family residential, only adjacent City lights will be calculated for code assessment cost) CODE EZ** Street lightspacing at current City standard, condos and apartment buildings, ten units and above CODE F2** Street light spacing at current City standard, commercial and industrial parcels. CODE G2** Special lighting and spacing standard, downtown redevelopment area CODE HI*** Street light spacing at current City standard, time shares only * Assessment is based on equal shares of cost of maintenance and operation of total lights within each code. ** Assessment is based on share of cost of maintenance and operation of total lights as formulated by front footage percentage of each parcel in relation to total footage within each code. *** Flat rate per unit Engimer’s Rqmrt - 1999 15 METHOD AND FORMULA FOR ASSESSMENT SPREAD FOR STREET LIGHTING (CONTINUED) Assessment Criteria: The improvements and annexation into the District are required for the approval of, and as a consequence of, new development, and thus benefit the respective developments. The lighting is of benefit to abutting parcels as it provides increased property protection, personal safety, visibility, traffic safety, and enhances those areas fronting upon the illuminated street. The method of assessment for codes within Zone 1 is based on units. In the case of codes Al, Bl, Cl and Dl a residential dwelling is equal to one benefit unit. In Code E2 condominium dwelling units or apartment buildings with ten units and above are assigned units based on the front footage of these developments. In Code F2 commercial and industrial parcels are assigned units based on the front footage of these developments. Code G2 includes the downtown redevelopment area and units in this code is also based on front footage. Code HI only includes time share units, which are all assigned the same cost per unit. Enginm’s Report - 1999 16 PART Ill. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE July I, 1999 through June 30, 2000 STREET LIGHTING COST OF MAINTENANCE SERVICE 2. Personnel (1) 3. Maintenance & Operations (I) 4. Capital Improvements $ 199,050.00 464,135.OO o.00 Subtotal $ 663,185.OO Less General Benefit @ 9.13% 60,548.79 Plus Tax Roll Reserve 1,714.10 BALANCE TO ASSESSMENT $ 604,350.31 Notes: (1) See Table “B”. The cost estimate for Personnel and Maintenance & Operations has been reduced by $53,500 for service to other City departments and City facilities. The “Balance to Assessment” shown above is spread upon the several parcels of land within the District liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintained works of improvement and appurtenances as established in the formation of the District. All of the parcels within the District are located within the City of Carlsbad and are approved developments or are in the final stages of obtaining approval for a proposed development. As a condition of approval, the developer is required by the City to provide certain standard street lighting for the entire area within the development; and the energy costs for the initial 18-month period. The units in a development are not assessed the initial fiscal year to account for the developer funded energy costs. The District provides funding for the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the installed street lights. These services and materials include the furnishing of electric current. Personnel costs include City staff assigned to Street Lighting services, City administration (annual audit of City’s street lighting assessment, updating expenditures and reassessments) engineering and legal expenses. Maintenance and Operations includes supervision, coordination between citizens and City staff for the Engineer’s Repoti - 1999 17 maintenance of City street lights, coordination between developers and SDG&E for energizing new lighting systems, providing expertise to City inspectors during inspection of lighting systems, coordinate underground service alert mark-outs for various City departments, perform mark-outs for street light and traffic signal systems, maintain as-built record of City street light system for future maintenance, perform routine night surveillance, incorporate street light numbering system, check proposed improvement plans for conformance with City standards regarding street light and traffic signal systems, coordinate with Planning, Engineering and Engineer’s of Work to ensure that departmental needs are met. The tax roll reserve is an advance for a portion of the estimated costs of servicing and maintenance prior to the receipt of tax collections from the County of San Diego. The lighting and the orderly circulation of traffic directly benefits the developments within the District. Any share of the benefits received that does not provide a special benefit to the assessed properties is a general benefit provided by the improvements. The cost of the general benefit is not to be assessed to the properties in the district. The cost of the general benefit is to be contributed by the City. This cost for lights is equal to the average annual unit cost difference between the low wattage 9,500 lumen lights and the high wattage 22,000 lumen lights. A 9,500 lumen light is the standard required on a local street. Other streets, such as arterials, require a standard greater than 9,500 lumens in order to service a capacity greater than the local traffic. Table “A”, on the following page, shows the calculation of the cost estimate for General Benefit for Street Lights. Engineer’s Repon - I999 18 TABLE “A” COST ESTIMATE FOR GENERAL BENEFIT STREET LIGHT SUMMARY PER SDG&E: Lamp Size Number Monthly Monthly /Watts) of Liahts Rate Amount Low wattaoe liohts for collector streets: 70 1,446 2.32 $ 3,354.72 100 2,511 3.24 8,135.64 150 99 4.44 439.56 Subtotal-l 4,056 Hioh wattaoe liohts for arterial streets: 200 1003 5.66 !§5,676.98 250 531 7.20 3,823.20 400 7 10.95 76.65 Subtotal-2 1541 Total 5,597 Annual Difference between Subtotal-l and Subtotal-2 Annual Avg. Annual Amount Cost oer Liaht $40,256.64 97,627.68 5.274.72 $143,159.04 $35.30 $68,123.76 45,878.40 919.80 $114.921.96 $74.58 $258,081 .OO General Benefit = Annual Difference times 1,541 high wattage lights Total Budget for Street Lights Percent of General Benefit Contribution $39.28 $60,530.48 $663,185.00 9.13% Engineer’s Rcpon 1999 19 The following table, identified as Table “B”, shows the calculation for the reduction in cost for service to other departments in the City. The cost for service to* other departments is subtracted from the total budget cost to arrive at the “Balance to Assessment” to parcels in the District. TABLE “B” COST ESTIMATE REDUCTIONS FOR FY 1999-00 FOR SERVICE TO OTHER DEPARTMENTS STREET LIGHTS (Account #I6250571 1999-00 Budget Less Service to Amount Other Deots & Citv Facilities 1. Personnel 225,800 26,750 2. Maintenance & Operations 490,885 26,750 3. Capital 0 0 Total $716,685 $ 53,500 Net to Assessment 199,050 464,135 0 $663,185 The total “Balance to Assessment” is then divided into the eight codes within Zone 1 as previously identified. The dollar per assessment unit value for Fiscal Year 1999-00 in each code is calculated as follows: ASSESSMENTSPREAD Street Lighting Code Assessment Benefit Units Cost Per Unit A-l $ 39,337.26 2,651 Units $14.838650 B-l 20,403.88 852 Units 23.948216 C-l 325,676.05 12,526 Units 26.000004 D-l 19,347.60 2804 Units 6.900000 H-l 3,580.20 17,901 Units 0.200000 E-2 44,672.30 119,840.38 Feet 0.372765 F-2 111,861.23 192,579.30 Feet 0.580858 G-2 39.471.80 14,671 Feet 2.690464 Total $604,350.31 For the specific assessment on each parcel, reference is made to the Assessment Roll on file at the office of the Assessment District Administrator, 405 Oak Avenue, Carlsbad, CA, which is incorporated herein by this reference as though set forth in full. Engineer’s RepotI - 1999 20 LANDSCAPING PART I. PLANS AND SPECIFICATIONS The plans and specifications for the maintenance and/or servicing of the Street Tree and Street Median Improvements during the Fiscal Year are on file in the office of the Assessment District Administrator, 405 Oak Avenue, Carlsbad, CA; are available for public inspection; and are 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. DIAGRAM A diagram of the Landscaping District. Said diagram shall show the exterior boundaries of the District, the boundaries of the Street Trc; and Street Median zones within the Districtthe lines and dimensions of each lot or parcel within said Landscaping District and each parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot shall conform to those shown on the County Assessor’s map for the fiscal year to which the Report applies. Simplified diagrams are attached as Attachments “B” and “C”. A detailed diagram is maintained in the office of the Assessment District Administrator, 405 Oak Avenue, Carlsbad, CA. Enginea'sRepwt- 1999 21 Lighting and Landscaping District No. 1 FY 1999 - 2000 r3yy s treet Tree Benefit Zone En&c& R&n 1999 22 ATTACHMENT “B” 2 - . . _ _ _ _ j,:,: 7 ,~~ff~vcM l 7 r t ,,/I’ * ‘I,:i. fY:& $& ..:., .-tic> * : .‘;-.;yf A-; I I: -- --. .- %;;“ ., -.<:,. \ kL7z::: ;‘.,T,;. ;;?TJ, I 3 I ! ;I., (z...: * .;\$‘..,;<.;,;r f<..’ - , . i ,..I 1/ : .i.. ‘:. ,* ‘,?x ‘t y..;>*i : \ :::, c I ?p.,’ ,,,. ,:,. .~.~~~\~~~~~ I a.. I t / /I ) ...i. .: . . . . . . . \ ‘c,, \ ‘ii ~ ,,,,,,. >\& I; *,“~$;‘y~ p 12 * i-* ~.:y&, :,* .,.;,, ‘.j , +fy ‘* ,’ .~,,~~~~,.~.,:~.~~.-~,~~~~~~ _... ;?Gq~~~~3~,, ’ V" q+&, , , ,>+,: I “.;.>J :?!;@i ;.:::,;j-Y ,,., , ./.s' , / I ‘k? 6 */ .&'. ) :<yJ. : +;,~ i T : 1... ._. ; I :. c\ t '. ,\ I *x~,,p~,~; : p : ,,' : ;' \ , . I- :.*-:; ;':, ;. : : : .,., ? I 4 ; ST>,, \ * ,+p\ A, ,,A ;y;\, \ ~4. :,q ,,:: ,; : ;:. r,: \ ,( ,* $Vr~, $A. ,.>.. ,' I ;':.i“ '<\ : %\ \:.,. +I" ,I I Y c *A >‘$q~~/t \ P, ‘i/ \+q; , $?;;,y : I ,,;,;-y. \ i I Jy<-,y : : ,~k&?::.\, : \.. a@+ :., '+ '; .iyT xyq*x ‘\ y ~ .; c i '...:! A.'.::.<<\ ~, .: \vx ,' ,:,(,$,,q;';(<;~~: :: I.:~,+. i. : ,. ; ,&J' a,,:* I .," \,$>. :,i '.> :< ;.\:c.s a.: 7:;". c,'<,: ,:,.. ,. ,l, ;..; /:. ,.: ~~~~.I~PJ$ \: '.t-. : ': -;.;: ;, ,.: I' J,, ‘.'.\.'> ,,,.: ~; ..$ '-' ,..;:::L;& ~,, _,. tF ,.i ~~.Y, 7 d L PI m-1 L I I I -s I Lighting and Landscaping District No. 1 FY 1999 - 2000 m Median Landscaping Benefit Zone PGIE xisting Median Locations m F uture Median Locations m Median Maintained by Others N w 4+ E s Engmcr’s Report - 1% 23 ATTACHMENT “C” /cargis2/products/um/r39,97/mediar 06/08/99 ASSESSMENT SPREAD FOR STREET TREE AND MEDIAN MAINTENANCE ZONES STREET TREE MAINTENANCE ZONE Street trees are in the street right-of-way, generally located between the curb and sidewalk and/or property line in the areas of the City as shown in Attachment “B”. Each property within the Street Tree Maintenance Zone receives approximately the same degree of benefit to their property. Therefore, staff established a benefit formula in which each zoned 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 .I7 acres). Thus, each single family parcel is given an EDU of 1.0, while most other parcels* are given assessments based on acreage to establish an EDU value based on the following formula: Acreage of parcel / 0.17 acres = EDUs STREET MEDIAN MAINTENANCE ZONE This service generally benefits all parcels and residents in the City. Thus, all parcels in the City share in the cost of median maintenance using the same EDU formula as in effect for the Street Tree Maintenance Zone. These formulas were approved by City Council at the June 6, 1989 regular meeting. *See following page for Benefit Units/Land Use code conversion guide. Engineer’s Repm - 1999 24 27 CITY OF CARLSBAD LANDSCAPE MAINTENANCE BENEFIT UNITS/LAND USE CODES BEN. L.U. BEN. L.U. UNITS CODE LAND USE DESCR UNITS CODE LANDUSEDESCR Form. .l/DU 07 Timeshare .l/DU 09 Mobile home 1.0 10 Vacant residential 1 .o 11 Single family residence .!YDU 12 Duplex or double .l/DU 13 Res. 2-4 units/2 houses .i/DU 14 Res. 5-15 units .l/DU 15 Res. 16-60 units .l/DU 16 Res. 61 units and up .l/DU 17 Condominium .l/DU 18 co-op .l/DU 19 Misc. residential Form. 20 Vacant commercial Form. 21 l-3 story misc. store bldgs. Form. 22 4 story & up office/store Form. 23 Regional shopping ctr. Form. 24 Community shopping ctr. Form. 25 Neighborhood Shopping ctr. Form. 26 Hotel, motel Form. 27 Service station Form. 28 Med., dental, animal hospital Form. 29 Con. Hospital, rest home Form. 30 Office condominiums Form. 31 Parking lot, garage, used cars Form. 32 Trailer park Form. 33 Theater Form. 34 Bowling alley Form. 35 Restaurant Form. 36 Car wash Form. 37 Large chain grocery/drug Form. 38 Auto sales/service agency Form. 39 Misc. comm., radio stn., bank Form. 40 Vacant industrial Form. 41 Factory - light manufacturer Form. 42 Factory - hvy. Manufacturer Form. 43 Warehouse - proc. or stor. Form. 44 Bulk storage (tanks, etc.) Form. 45 Extractive & mining Form. 46 Small automotive garage Form. 47 Industrial condos Form. 49 Spec./misc. industrial 00 Unzoned 1.0 50 Vacant irrigated 1.0 51 Citrus 1.0 52 Avocados 1.0 53 Vines 1.0 54 Misc. trees 1.0 55 Livestock 1.0 56 Poultry 1 .o 57 Misc. irrigated crops 1 .o 58 Growing houses 1.0 59 Special/misc. irrigated 1 .o 61 Non-irrigated l-1 0 AC 1.0 62 Non-irrigated II-40 AC 1.0 63 Non-irrigated 41-l 60 AC 1 .o 64 Non-irrigated 161-360 AC I .o 65 Non-irrigated 361 & up AC 0.0 70 Vacant institutional 0.0 71 Church 0.0 72 Church parking/related 0.0 73 Cemetery 0.0 74 Mausoleum 0.0 75 Mortuary Form. 77 Hospital Form. 79 Spec./misc. institutional Form. 80 Vacant recreational Form. 81 Meeting hall, gym Form. 82 Golf course Form. 83 Marina, dock Form. 84 Recreational camps 0.0 85 Non-tax recreational 0.0 86 Open space easements 0.0 87 Agr. Preserve (no contract) 0.0 88 Agr. Preserve (contract) Form. 89 Spec./misc. recreational 0.0 90 Vacant tax. govt. property Formula: If Acres c .20, then BU = 1 .O, else BU = 5.9 x AC (i.e. AC/O.1 7) Engineer’s Report - 1999 24 A PART Ill. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE July I,1999 through June 30,200O STREET TREES COST OF MAINTENANCE 1. Personnel (1) $254560.00 2. Maintenance and Operations (1) 227.319.00 Subtotal $481,879.00 Less General Benefit @ 9.13% (2) 43,995.55 Plus Tax Roll Reserve 16.868.25 BALANCE TO ASSESSMENT $454,751.70 Notes: (1) See Table “C”. The cost estimates for Personnel and Maintenance & Operations have been reduced by $70,000 for service to other City departments. (2) See Table “A” of the street lighting portion of this report for calculation of % of General Benefit. The Street Tree division provides maintenance to all trees in the public right-of-way (over 21,000), parks, open space areas, and trees at all City facilities. The maintenance consists of pruning, planting, removal and root pruning. The division annually responds to over 500 street tree order/requests, removes over 50 trees and plants over 100 trees. Table “C”, below, shows the calculation for the reduction in cost for service to other departments in the City. The cost for service to other departments is subtracted from the total budget cost to arrive at the “Balance to Assessment” to parcels in the District. TABLE “C” COST ESTIMATE REDUCTIONS FOR FY 1999-00 FOR SERVICE TO OTHER DEPARTMENTS A. STREET TREES (Account # 1605023) 1. Personnel 2. Maintenance and Operations Total 1999-00 Budget Service to Net to Amount Other Deots. Assess $289,560 $35,000 $ 254,560 262,319 35.000 227,319 $551,879 $70,000 $481,879 Enginea’s Fupcd - 1999 25 29 The cost of the General Benefit for Street Trees is determined by utilizing the same percent as calculated for Street Lighting as shown in Table “A”. The total “Balance to Assessment” is then divided by the number of benefit units to arrive at a cost per benefit unit. The dollar per assessment unit value for Fiscal Year 1999-00 in the Street Tree benefit zone is calculated as follows: Balance to Assessment Total Benefit Units = $454.751.70 12,597.oo = $36.10 per unit. This unit assessment is applied to 13,166 parcels in the Street Tree Zone. For the specific assessment on each parcel, reference is made to the Assessment Roll on file at the office of the Assessment District Administrator, 405 Oak Avenue, Carlsbad, CA, which is incorporated herein by this reference as though set forth in full. Engineer’s Report - 1999 26 30 PART III. ESTIMATE OF COSTS AND ASSESSMENT SCHEDULE July 1,1999 through June 30,200O STREET MEDIANS COST OF MAINTENANCE SERVICE 1. Personnel $ 175,520.OO 2. Maintenance and Operations 270524.00 Subtotal $446,044.00 Less General Benefit @ 9.13% (1) 40,723.82 Plus Tax Roll Reserve 1.146.40 BALANCE TO ASSESSMENT $406,466.58 Notes: (1) See Table “A”, as shown in the street lighting portion of this report for calculation of % of General Benefit The Street Median program provides weekly landscape maintenance and litter control to all City medians and to Redevelopment Landscape improvement areas. It includes maintenance on a weekly basis of approximately 48 acres of landscaped medians and 8 acres of planter boxes, downtown fountain, landscape pockets and parking lots. Maintenance includes trash pick-up, weed control, pruning, planting, pesticide/fertilizer application, removals, replanting, irrigation repair/adjustment, and parking lot sweeping. A contractual median maintenance program provides for contracting, administering and overseeing median maintenance for approximately 42.5 acres of City medians. The cost of the General Benefit for Street Medians is determined by utilizing the same percent as calculated for Street Lighting as shown in Table “A”. The total “Balance to Assessment” is then divided by the number of benefit units to arrive at a cost per benefit unit. The dollar per assessment unit value for Fiscal Year 1999-00 in the Street Median benefit zone is calculated as follows: Balance to Assessment Total Benefit Units = $406.46658 48,737 = $8.34 per unit. This unit assessment is applied to 41,465 parcels in the Street Median Zone. For the specific assessment on each parcel, reference is made to the Assessment Roll on file at the office of the Assessment District Administrator, 405 Oak Avenue, Carlsbad, CA, which is incorporated herein by this reference as though set forth in full. Engineer’s Report - I999 27 t I l( 13 1: 1; 1L If 1t 17 1E 1s 2c 23 22 22 24 25 26 27 28 RESOLUTION NO. 99-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initiated proceedings for the levy of the annual assessment for a landscaping and lighting district created 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 (the “Act”), in a special maintenance district known and designated as Street Lighting and Landscaping District No. 1 (hereinafter referred to as the “District”); and , WHEREAS, the Maintenance District is an existing assessment district in which assessments are not proposed to be increased, and is exempt from the procedures and requirements of all assessments under California Constitution Act XIIID 5 5 (a). WHEREAS, at this time a public hearing has been held relating to the levy of the annual assessments, and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Engineer’s Report as now submitted for final consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. PROTESTS SECTION 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied. CONFIRMATION SECTION 3. That the final assessment and diagram for the proceedings, as contained in the Engineer’s Report is hereby approved and confirmed. SECTION 4. That the public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Engineer’s Report, and as previously declared and set forth in the Resolution of Intention. SECTION 5. That the assessments contained in said “Report” for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels of land in the District in the amounts as set forth in said final “Report.” It is hereby further determined that all 1 .& assessments have been apportioned properly in accordance with the benefits that each parcel 2 receives from the proposed maintenance works of improvement. 3 ANNUAL ASSESSMENT INCREASE 4 SECTION 6. Future assessment increases will be caused by reason of increases in the costs of labor, materials and utility cost increases applied to energy rates and water fees. 5 Assessments can be subsequently modified and increased, as authorized by Section 54954.6 6 of the Streets and Highways Code of the State of California to reflect annual increases in the 7 costs of labor and materials based upon the Consumer Price Index, San Diego, as published 8 by the Department of Labor, computed for the first index in March of each year, and those above referenced changes will not constitute new and/or increased assessments requiring 9 additional notification. 10 FILING AND RECORDING 11 SECTION 7. That the above referenced diagram and assessment shall be filed in the 12 office of the City Clerk, with a certified copy to be filed in the office of the Administrative Coordinator-Special Districts. Said diagram and assessment, and the certified copy thereof, 13 shall be open for public inspection. 14 SECTION 8. That the City Clerk is hereby ordered and directed to immediately file a 15 certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the third Monday in August. 16 ENTRY UPON THE ASSESSMENT ROLL 17 SECTION 9. That after the filing of the diagram and assessment, the County Auditor shall 18 enter on the County Assessment Roll, opposite each lot or parcel of land, the amount 19 assessed thereupon. COLLECTION AND PAYMENT 20 SECTION 10. The assessments shall be collected at the same time and in the same 21 manner as County taxes are collected, and all laws providing for the collection and 22 enforcement of County taxes shall apply to the collection and enforcement of the assessments. 23 l/II 25 Ill! 26 l/II /Ill 27 35 3 i : 4 c t 7 E s 1c 11 12 1: 14 15 1E 11 1e 19 20 21 22 23 24 25 26 27 28 FISCAL YEAR SECTION 11. That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 1999 and ending June 30,200O. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 13 th day of July , 1999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ABSENT: None ATTEST: (SEAL) istant City Clerk RESOLUTION NO. w-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE TRANSFER OF FUNDS FROM THE CITY’S GENERAL FUND TO THREE SPECIAL FUNDS AS FURTHER DETAILED IN THE APPROVED “ENGINEER’S REPORT” FOR THE CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 1999-2000 WHEREAS, the City Council of the City of Carlsbad approved the “Engineer’s Report” for the above titled lighting and landscaping district by Resolution No. 99-223 for Fiscal Year 1999-2000; and WHEREAS, the aforementioned resolution approved said report that transferred a sum of money from the City’s General Fund to certain special district funds; and WHEREAS, said transfer is approved in compliance with Articles XIIIC and XIIID of the State Constitution as added by the passage of Proposition 218. NOW, THEREFORE, BE IT RESOLVED that the following fund transfer is hereby authorized to be made by the City Finance Director: 1. One hundred forty five thousand, two hundred sixty eight dollars and sixteen cents ($145,268.16) from the general fund to be transferred to the special district funds for Fiscal Year 1999-2000 as adopted by Resolution No. 99-223. AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ABSENT: None ATTEST; RANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk PROOF OF PUBLICATION (2010 B 2011 C.C.P.) STATE OF CALIFORNIA c0ufwj 0f San Die90 I am a citizen of lhe Uniled Stales and a resident of Ihe County aforesaid: 1 am over the age of eighleen years and not a party to or inleresled in lhe above- enWed matter. I am the principal clerk of the printer of North County Times formerly known as lhe Blade-Citizen and The Zmes-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of lhe County of San Diego. State of California, under lhe dates of June 30. 1989 (Blade-Citizen) and June 21. 1974 (Times- Advocate) case number 171349 (Blade-Cilizen) and case number 172171 (The Times-Advocate) for Ihe cities of Escondido. Oceanside, Cartsbad, Solana Beach and the North County Judicial District; lhat the notice of which the annexed is a printed copy (set in type no1 smaller than nonpareil), has been published in each regular and enlire issue of said newspaper and nol in any supplement lhereof on he lotlowing dales. Lo-wit I certify (or declare) under penalty of perjury that the foregoing is lrue and correct. This space is for Ihe County Clerk’s Filing Slamp Proof of Publication of !+m Marcos Dated al California, lhis /jT day , . Of / / - / b Y rt-k, L- ---_--_ ~~~~~-~~L- _-------- 7 Signature NORTH COUNTY TIMES Legal Adverlising DATE: TO: FROM: FAX TRANSMISSION June 28.1999 SUSAN LOY. NORTH COUNTY TIMES CARLSBAD CITY CLERK’S OFFICE PERSON PLACING AD: KAREN R. KUNDTZ. ASSISTANT CITY CLERK 434-2917 NAME OF AD: RESOLUTION NO. 99-224 PLEASE PUBLISH AS: LEGAL AD SIZE OF AD: SIMPLE LEGAL ACCOUNT NO: L-5386 PUBLISH: ONE (1) TIME IN: ZONE 3 (CARLSBAD/LA COSTA) ON: Thursday. July 1.1999 Four (4) pages attached to this fax. i 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 EXHIBIT 5 RESOLUTION NO. w-224 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAlNTENANCE DISTRICT, AND SElTlNG A TIME AND PLACE FOR A PUBLIC HEARING THEREON 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 District No. 1 (hereinafter referred to as the Maintenance District); and, WHEREAS, the Maintenance District is an existing assessment district in which assessments are not proposed to be increased, and is exempt from the procedures and requirements of all assessments under California Constitution Act XIIID § 5 (a). WHEREAS, the City Council wishes to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements within the Maintenance District; and, WHEREAS, there has been presented and approved by this City Council the Engineer’s Report, as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy; and WHEREAS, the improvements to be maintained shall consist of all originally designated and authorized improvements, as well as certain new and additional improvements. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. I/!/! 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 DECLARATION OF INTENTION SECTION 2. That the public interest and convenience requires, and it is the intention of this legislative body to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above referenced Maintenance District, said improvements generally described as follows: The maintenance of certain street lighting improvements, street trees and median landscaping improvements, as set forth and described in the Engineer’s Report. The proposed new improvements to be maintained and serviced caused generally by new development are described as follows: The maintenance of certain additional street lighting improvements and additional landscaping improvements, including replacement of street trees and median landscaping improvements, all as set forth and described in the Engineer’s Report, which is hereby ordered to be kept on file and open for public inspection in the Office of the City Clerk. BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. That said works of improvement are of direct benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area benefited by said works of improvement, and for particulars, reference is made to the boundary 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 public inspection, and is designated by the name of this Maintenance District. v SECTION 4. A. That the Report of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said Report for a full and detailed description of the improvements to be maintained, the =2 -8 ,- c 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 boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. B. Annual assessment increases will be caused by reasons of increases in the costs of labor, materials and utility cost increases as applied to energy rates and water fees. Assessments can be annually modified and increased to reflect an annual modification in the cost of labor and materials based upon the Consumer Price Index, San Diego, as published by the Department of Labor as computed for the first index in March of each year with additional modifications for related energy and water rate increases. C. All Street Light Benefit Zone, Street Tree Benefit Zone and Street Median Benefit Zone assessments are to remain the same as the previous year and all new assessments added to the tax roll forms will be calculated at the same base formulas as Fiscal Years 1996-97, 1997-98 and 1998-99. PUBLIC HEARING SECTION 5. Notice is hereby given that a public hearing is hereby scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time: Tuesday, July 13, 1999, at 6:00 p.m. At that time this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50% of the assessable area of land within the proposed district. Ml 39 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 NOTICE SECTION 6. That the City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the North Countv Times, a newspaper of general circulation within the City of Carlsbad, said publication to be completed not less than ten (10) days prior to the date set for the public hearing. PROCEEDINGS INQUIRIES/PROTESTS SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: VIRGINIA MCCOY ADMINISTRATIVE COORDINATOR - SPECIAL DISTRICTS PUBLIC WORKS CITY OF CARLSBAD TELEPHONE: 760/434-2941 Owners of property within the Maintenance District may mail written protests to the following address: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the day of I 1999, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL)