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HomeMy WebLinkAbout2002-07-23; City Council; 16836; Street Lighting & Landscaping District No. 1iB# ATG. 7/23/02 16,836 IEPT. ENG CITY OF CARLSBAD -AGENDA BILL E: DgT.'# mw STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 CITY ATT PUBLIC HEARING I CITY MGR. RECOMMENDED ACTION: That a public hearing be held to consider a staff report, receive public comment, and approve of the annual assessment for Street Lighting and Landscaping District No. 1. Resolution No. 2002-222 confirming the diagram and assessment and providing for the levy ITEM EXPLANATION: At their meeting of June 18, 2002, the City Council approved three resolutions, which initiated roceedings and ordered the preparation of an Engineer's Report for a Special Assessment gistrict, approved the Engineer's Report, and set tonight's public hearing (July 23, 2002). Toni ht, Public Works staff will present a report on the maintenance and operations procedures, the 8scal Year 2002-03 adopted City budget and the City's contribution of a "General Benefit" for three improvement zones: Street Lightin Street Tree, and Median Landscaping, as detailed in the previously approved En ineer's Report. t he "General Benefit" first became a requirement with the District's processing in WscaI Year 1997-1998 in compliance with Proposition 218. Any share of the benefits received from an improvement that does not provide a special benefit to the assessed general benefit is not to be assessed to the properties in the Assessment District, but instead is properties is considered to be a general benefit provided by the improvements. The cost of such contributed by the City from the General Fund. The resolution setting tonight's public hearing was published in the North County Times at least ten days prior to this public hearing. At the close of the public hearing, Council is requested to adopt the attached resolution confirming the dia ram and assessment and providing for the levy of the annual assessments for Fiscal Year 2002-2%03. FISCAL YEAR 2002-2003 ASSESSMENT DISTRICT PROCESSING: As shown in the following table, a single-family residential parcel which benefits from the Street Lighting Improvement Zone, Street Tree Improvement Zone and Median Landscaping Improvement Zone will have an assessment of $70.44 for Fiscal Year 2002-2003, the same as for the previous six fiscal years. parcels Due to the City's adoption of the new Livable Street Standards, last year became the first time since 1984 that new street trees were added to the inventory of trees maintained by City forces. The new standards require installation of a landscaped parkway between the street curb and sidewalk that includes provision for street trees. Those subdivisions built to the new standards are being annexed into the Street Tree Improvement Zone of Street Lighting and Landscaping District No. 1. \ Page 2 of Agenda Bill No. 16,836 FISCAL IMPACT: The Fiscal Year 2002-2003 Street Lighting and Landscaping District No. 1 total budget for the three zones listed above is projected to be $2,444.380. the personnel and operations services. The City's General Fund will contribute $28,000 to the Other Special Revenue Funds will contribute $10,500 to the Street Lighting Improvement Fund for Street Lighting Improvement Fund to cover the operations and maintenance costs for the City street lights adjacent to City properties since City-owned parcels are non-assessable on the County tax rolls. for staff time and equipment spent on maintaining City parks and Hosp Grove which, by Council In addition, the City's General Fund will contribute $90,000 to the Street Tree Improvement Fund policy, are not considered part of the public right-of-way program. The City's General Fund will also contribute $65,514.84 to the Street Lighting Improvement Fund, $37,910.96 to the Street Tree Improvement Fund, and $34,377.91 to the Median Landscaping Report. Improvement Fund as "General Benefit" assessments, as further described in the Engineer's The actual total to be collected from assessments from these three districts is $1,664,470. A further breakdown of the three zones follows: As shown in the above chart, the total budget for each zone exceeds the total assessment collection. However, assessment tax rates cannot be increased without following the ballot to each property owner assessed followed by a hearing. provisions of previously referenced Proposition 218, which requires a notice and ballot being sent All three improvement zones have maintained a sufficient surplus in their fund balances to cover the shortfalls for the past six fiscal years, including the projected 2002-03 fiscal year. Finance and Public Works staff will be returning to Council prior to next year's assessment these zones. processing to present a full report to Council providing alternatives to address the future funding of EXHIBITS: 1. Order of Procedure. 2. Approved Engineer's Report. 3. Resolution No. 2002-222 confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 1. MAYOR ORDER OF PROCEDURE CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 DATE OF PUBLIC HEARING: JULY 23,2002 levy of certain assessments to cover the cost of maintenance for "This is the time and place fixed for the public hearing relating to the 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?" CITY CLERK: Verifies and gives date of legal notice. MAYOR: Engineer's Report. " "And now staff will present a report based on the approved STAFF: Provide description of boundaries of district. MAYOR 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 hidher 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 the district come forward. " STAFF: Give final report on protests received. Presentation of proposed changes, if any. CITY COUNCIL: Discussion MAYOR: "This public hearing is now closed." 3 CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 ANNUAL ENGINEER'S REPORT FISCAL YEAR 2002-2003 David Hauser Deputy City Engineer RCE 33081 Exp. 6130102 Planning and Programs INTRODUCTION This report constitutes the Engineer's Report for City of Carlsbad Street Lighting and Landscaping District No. 1 ("Assessment District") and was prepared at the Direction of the Carlsbad City Council pursuant to the, requirements of the Landscaping and Lighting Act of commencing with Section 22500 ("Act"). 1972, being Division 15, Part 2 of the Streets and Highways Code of the State of California, The report applies to Fiscal Year 2002-2003 commencing July 1, 2002 and ending on June 30, 2003 ("Fiscal Year"). The report has been prepared in three parts corresponding to the three special improvement zones within the Assessment District; Street Lighting, Street Trees and Median Landscaping. Pursuant to the requirements of the Act, each part contains the following four components: 1. PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS. The plans and specifications describe the general nature, location and extent of the improvements to be maintained. 2. A DIAGRAM FOR THE ASSESSMENT DISTRICT. The diagram shows the exterior boundaries of the Assessment District, the boundaries of the specified improvement zone within the Assessment District, and the lines and dimensions of each lot or parcel within the District. Each lot or parcel is identified by a distinctive number or letter. The Assessor's maps. For purposes of clarity, only a generalized diagram is included within lines and dimensions of each lot conform to those shown on the San Diego County the report. The detailed assessment diagram is on file at the City Engineering Department. 3. AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS. The estimate of costs of the improvements contains estimates for the following: a. The total cost of maintaining and servicing the improvements for the specified b. The amount of any surplus or deficit in the improvement fund to be carried over improvement zone including all incidental expenses for the Fiscal Year. c. The amount of any contributions to be made from sources other than from the preceding fiscal year. assessments levied pursuant to the Assessment District. d. The amount, if any, of the annual installment for the fiscal year where the City to be levied and collected in annual installments. Council has ordered an assessment for the estimated cost of any improvements e. The net amount to be assessed upon assessable lands within the Assessment District, being the total improvement costs referred to in sub-section a, increased or decreased, as the case may be, by any of the amounts referred to in sub- sections b, c or d. 4. AN ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS. The assessment shall refer to the new fiscal year and shall do all of the following: a. State the net amount to be assessed upon the assessable lands within the Assessment District. e -2- 5 b. Describe each assessable lot or parcel of land within the Assessment District. Due to the large number of parcels within the Assessment District, the City uses the assessor's parcel number from San Diego County records assessment rolls for a description of the lots. A copy of the assessment roll including such description is kept on file at the City Engineering Department. c. Assess the net amount upon all assessable lots or parcels of land within the Assessment District by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. PART 1 - STREET LIGHTING IMPROVEMENT ZONE PLANS AND SPECIFICATIONS: The improvement work consists of maintenance and servicing of the 6,295 street lights within the boundaries of the Assessment District including all supporting poles, mast arms, pull boxes, wiring, conduits and other appurtenances. The total street light inventory during Fiscal Year 2001-2002. The general location of the street light number of street lights maintained and serviced includes 157 new street lights added to the Zone Diagram and Lighting Facilities Location Map for Fiscal Year 2002-2003" on file at the improvements are as shown on the City's full scale map titled "Street Lighting Improvement Engineering Department. A reduced copy of the map is included as Figure 1 in this report. DIAGRAM OF THE ASSESSMENT DISTRICT: The diagram of the Assessment District is as shown on the City's full scale map titled "Street Lighting Improvement Zone Diagram and Lighting Facilities Location Map for Fiscal Year 2002-2003" on file at the Engineering dimensions of each lot or parcel within the Street Lighting Improvement Zone and the distinctive Department. A reduced copy of the map is included as Figure 1 in this report. The lines and file at the Engineering Department. assessor's parcel number is shown on the San Diego County Assessor's map which is also on ESTIMATE OF THE COST OF THE IMPROVEMENTS: The estimated total cost of maintaining and servicing the City's inventory of public street lighting improvements is $1,139,441. The estimated total cost includes the furnishing of all services and materials for the ordinary and usual operation, maintenance and servicing of installed street lights and the provision of electric current. For budgetary purposes, the costs are segregated into three categories of Personnel, Maintenance and Operations, and Capital Improvements. These three categories include the following services and expenditures: City staff assigned to Street Lighting services, City administration (annual audit of City's street lighting assessment, updating expenditures and segregation of the assessments) engineering and legal expenses, coordination between citizens and City staff for the maintenance of City street lights, providing expertise to City inspectors during inspection of lighting systems, coordinating underground service alert mark-outs for various City departments, performing mark-outs for street light systems, maintaining as-built records of City street light system for future maintenance, monthly updating of the street lighting mapping and inventory database, performing routine night surveillance, checking proposed improvement plans for conformance with City standards regarding street lights, coordinating with Planning, Engineering and Engineer's of Work to ensure that departmental needs are met, the provision of electrical current and the cost for purchase of capital equipment and new street light facilities. -3- b The following table shows the breakdown of the estimated total costs into the three budgetary categories. TOTAL ESTIMATED FY 2002-03 STREET LIGHTING MAINTENANCE 8 SERVICE COSTS Personnel $1,139,441 Total Cost Estimate 0 Capital Improvements $ 952,811 Maintenance & Operations $ 186,630 The net assessable amount to be levied upon the assessable lands within the Assessment District is $706,609.04. This amount is derived by subtracting the amounts of the current improvement fund surplus and contributions from other funding sources from the total cost estimate. The following table shows how the net assessable amount is derived: FY 2002-03 NET ASSESSABLE AMOUNT Total Cost Estimate $1,139,441.00 Less Contribution for Services to Public Parcels $ 38,500.00 General Benefit Contribution from General Fund $ 32a,817.12 Improvement Fund Surplus $ 65,514.84 Net Assessable Amount $ 706,609.04 The contribution for services to public parcels has been calculated at $38,500. This City's General Fund will contribute $28,000 and other Special Revenue Funds will contribute contribution is made since public parcels are non-assessable on the County tax rolls, The $10,500 for this purpose. Any share of the benefits received from an improvement that does not provide a special benefit to the assessed properties is considered to be a general benefit provided by the improvements. The cost of such general benefit is not to be assessed to the properties in the Assessment District, but instead is contributed by the City from the General Fund. For street lighting the City has determined that general benefit is derived exclusively along the City's arterial roads. The amount of general benefit is established by multiplying the number of arterial street lights by the difference between the average annual cost to maintain a light on an arterial street and a local street. The table below shows the calculation of the cost estimate for general benefit for Street Lights. -4 - 7 COST ESTIMATE FOR GENERAL BENEFIT STREET LIGHT SUMMARY PER SAN DIEGO GAS 8 ELECTRIC CO. AN ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS: The lighting and the orderly circulation of traffic directly benefit the developments within the District. The improvements and annexation into the Street Lighting Zone are required for the approval of, The lighting is of benefit to abutting parcels as it provides increased property protection, and as a consequence of, new development, and thus benefit the respective developments. personal safety, visibility, traffic safety, and enhances those areas fronting upon the illuminated street. All of the parcels within the Assessment 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 pay the energy costs for the initial 18-month period. The units in a development are assessed the following fiscal year after the street lights are energized. Two Zones of benefit have been created within the citywide Street Lighting Zone as follows: Zone 1 - City owned and maintained street lights Zone 2 - Undeveloped property - non-benefiting, not assessed Zone 1 consists of the following eight sub-codes. An example of these codes is included in Appendix B of this Engineer's Report. CODE AI' Street lights at intersections only (residential) -5- CODE B1* CODE c1* CODE Dl* CODE ET* CODE F2" CODE G2** CODE HI*** Street lights at intersections and mid-block (residential) Street light spacing at current City engineering standards (residential) City owned development calculated for street lights on surrounding streets, private lighting within (single-family residential, only adjacent City lights will be code assessment cost) Street light spacing at current City standard, condos and apartment buildings, ten units and above Street light spacing at current City standard, commercial and industrial parcels Special lighting and spacing standard, downtown redevelopment area Street light spacing at current City standard, time shares only * The unit rate of assessment for these codes was based on equal shares of cost of maintenance and operation of the total lights within each code at the time of formation. The unit rate of assessment for these codes at the time of formation was based on the share of cost of maintenance and operation of total lights as determined by front footage percentage of each parcel in relation to total footage within each code. The unit rate of assessment for this code at the time of formation was based on a flat rate per unit. ** **+ The method of assessment for codes within Zone 1 is based on units as shown in the following table. In the case of codes AI, BI, C1, 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 are also based on front footage. Code HI only includes time share units, which are all assigned the same cost per unit. METHOD OF ASSESSMENT FOR STREET LIGHTING AI, BI, C1, Dl Residential dwelling unit = one benefit unit E2 G2 F2 Commercial, residential and redevelopment area = one front foot of street frontage = one benefit unit HI Time shares = $0.20 per weekly unit The Street Lighting Zone assessments will not increase in Fiscal Year 2002-03, and will remain at the same unit rates as assessed in the last six fiscal years. All new assessor's parcels, that -6- by petition of the property owner(s) have been added to the Street Lighting Zone, will be calculated at the same unit rates as used in the last six fiscal years. The rate per assessment unit for Fiscal Year 2002-03 in each of the eight codes is shown in the following table. For the specific assessment on each parcel, reference is made to the Assessment Roll on file forth in full. at the Engineering Department, which is incorporated herein by this reference as though set PART 2 - STREET TREE IMPROVEMENT ZONE PLANS AND SPECIFICATIONS: The improvement work consists of maintenance to all of the approximately 15,000 trees in the public right-of-way, parks, open space areas, and trees at all City facilities. The maintenance consists of pruning, planting, removal and root pruning. The City annually responds to over 500 street tree order/requests, removes over 50 trees and plants over 100 trees. The general location of the street tree improvements are as shown on the Year 2002-2003 on file at the Engineering Department. A reduced copy of the map is included City's full scale map titled "Street Tree Improvement Zone Diagram Location Map for Fiscal as Figure 2 in this report. DIAGRAM OF THE ASSESSMENT DISTRICT: The diagram of the Assessment District is as for Fiscal Year 2002-2003 on file at the Engineering Department. A reduced copy of the map is shown on the City's full scale map titled "Street Tree Improvement Zone Diagram Location Map included as Figure 2 in this report. The lines and dimensions of each lot or parcel within the Street Tree Improvement Zone and the distinctive assessor's parcel number is shown on the San Diego County Assessor's map which is also on file at the Engineering Department. ESTIMATE OF THE COST OF THE IMPROVEMENTS: The estimated total cost of maintaining and servicing the City's inventory of public street tree improvements is $727,159. The estimated total cost includes the furnishing of all services and materials for the ordinary and usual maintenance and servicing of street trees. For budgetary purposes, the costs are segregated into three categories of Personnel, Maintenance and Operations, and Capital Improvements. These three categories include the following services and expenditures: City staff assigned to Street Tree services, City administration (annual audit of City's street tree assessment, updating expenditures and segregation of the assessments) -7- engineering and legal expenses, coordination between citizens and City staff for the maintenance of City street trees, providing expertise to City inspectors during inspection of the trees, maintaining as-built records of City street tree system for future maintenance, monthly updating of the street tree mapping and inventory database, checking proposed improvement plans for conformance with City standards regarding street trees, coordinating with Planning, Engineering and Engineer's of Work to ensure that departmental needs are met, the provision of supplies such as pesticides, fertilizer and water for irrigation and the cost for purchase of capital equipment and new street trees. The following table shows the breakdown of the estimated total costs into the three budgetary categories. TOTAL ESTIMATED FY 2002-03 STREET TREE MAINTENANCE 81 SERVICE COSTS Personnel Maintenance & Operations $ 384,242 $727,159 Total Cost Estimate 0 Capital Improvements $ 342,917 The net assessable amount to be levied upon the assessable lands within the Assessment District is $459,700.28. This amount is derived by subtracting the amounts of the current improvement fund surplus and contributions from other funding sources from the total cost estimate. The following table shows how the net assessable amount is derived: FY 2002-03 NET ASSESSABLE AMOUNT I Total Cost Estimate $727,159.00 I Less Contribution for Services to Public Parcels $ 37,910.96 General Benefit Contribution from General Fund $ 90,000.00 $ 139,547.76 Improvement Fund Surplus Net Assessable Amount $ 459,700.28 The City has determined the contribution for services to public parcels amounting to $90,000, This contribution from the General Fund is made since public parcels, including City parks and Hosp Grove, are non-assessable on the County tax rolls. Any share of the benefits received from an improvement that does not provide a special benefit to the assessed properties is considered to be a general benefit provided by the improvements. The cost of such general benefit is not to be assessed to the properties in the Assessment District, but instead is contributed by the City from the General Fund. For street trees, the City has determined that the general benefit is the same percentage as calculated for the Street Lighting Improvements. The table below shows the calculation of the contribution for general benefit for street trees. FY 2002-03 GENERAL BENEFIT CALCULATION Total Cost Estimate $ 90,000.00 Less Contribution for Services to Public Parcels $727,159.00 $ 37,910.96 General Benefit Contribution from General Fund @ 5.95% $637.159.00 Subtotal of Costs AN ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS: The City's existing street tree inventory is currently established at approximately 15,000 trees. From 1984 until Fiscal Year 2000-01, new development has not included street trees in the public right-of- way as part of required street improvements. After FY 2000-01, the conditions of approval for any subdivision in the Northwest Quadrant of the City included the planting of trees in the public right-of-way and annexation of the subdivision parcels to the Street Tree Improvement Zone. Accordingly, the trees within new subdivisions will be added to the City's street tree maintenance program and the parcels benefited will be assessed in following fiscal year. Street trees that are in the street right-of-way, are generally located between the curb and sidewalk and/or property line in the areas of the City as shown in Figure 2. Each property within the Street Tree Improvement 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 0.17 acres). Thus, each single-family parcel is given an EDU of 1 .O, while most other parcels, as shown on the following table, are given assessments based on acreage to establish an EDU value based on the following formula: Acreage of parcel divided by 0.17 acres = EDUs. This formula was approved by City Council at the June 6, 1989 regular meeting. -9- STREET TREE BENEFIT UNITS AND LAND USE CODES - 10- The Street Tree Improvement Zone assessments will not increase in Fiscal Year 2002-03, and will remain at the same unit rate of $36.10 per EDU as assessed in the last six fiscal years. All new assessor's parcels, that by petition of the property owner@) have been added to the Street Tree Improvement Zone, will be calculated at the same unit rate as used 'in the last six fiscal years. This unit assessment is applied to 13,871 parcels in the Street Tree Improvement Zone. The total number of EDUs for these parcels amounts to 12,734.08 EDUs. The revenue generated by these parcels amounts to $457,700.28 (12,734.08 EDUs times $36.10/EDU). For the specific assessment on each parcel, reference is made to the Assessment Roll at the Engineering Department, which is incorporated herein by this reference as though set forth in full. PART 3 - MEDIAN LANDSCAPING IMPROVEMENT ZONE PLANS AND SPECIFICATIONS: 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 57 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, pesticidelfertilizer 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 52 acres of City medians. The general titled "Street Median Improvement Zone Diagram and Median Facilities Location Map for Fiscal location of the median landscaping improvements are as shown on the City's full scale map Year 2002-2003" on file at the Engineering Department. A reduced copy of the map is included as Figure 3 in this report. DIAGRAM OF THE ASSESSMENT DISTRICT: The diagram of the Assessment District is as shown on the City's full scale map titled "Street Median Improvement Zone Diagram and Median Facilities Location Map for Fiscal Year 2002-2003" on file at the Engineering dimensions of each lot or parcel within Median Landscaping Improvement Zone and the Department. A reduced copy of the map is included as Figure 3 in this report. The lines and distinctive assessor's parcel number is shown on the San Diego County Assessor's map which is also on file at the Engineering Department. ESTIMATE OF THE COST OF THE IMPROVEMENTS: The estimated total cost of maintaining and servicing the City's inventory of public street tree improvements is $577,780. The estimated total cost includes the furnishing of all services and materials for the ordinary and usual maintenance and servicing of the median landscaping. For budgetary purposes, the costs are segregated into three categories of Personnel, Maintenance and Operations, and Capital Improvements. These three categories include the following services and expenditures: City staff assigned to Median Landscaping services, City administration (annual audit of City's median landscaping assessment, updating expenditures and segregation of the assessments) engineering and legal expenses, coordination between citizens and City staff for the maintenance of City medians, providing expertise to City inspectors during inspection of the medians, maintaining as-built records of City street median system for future maintenance, updating of the median mapping and inventory database, checking - 11 - proposed improvement plans for conformance with City standards regarding medians, coordinating with Planning, Engineering and Engineer's of Work to ensure that departmental needs are met, the provision of supplies such as pesticides, fertilizer and water for irrigation and the cost for purchase of capital equipment and new improvements for the medians. The following table shows the breakdown of the estimated total costs into the three budgetary categories. TOTAL ESTIMATED FY 2002-03 MEDIAN LANDSCAPING MAINTENANCE 8 SERVICE COSTS The net assessable amount to be levied upon the assessable lands within the Assessment District is $498,160.46. This amount is derived by subtracting the amounts of the current improvement fund surplus and contributions from other funding sources from the total cost estimate. The following table shows how the net assessable amount is derived: FY 2002-03 NET ASSESSABLE AMOUNT Total Cost Estimate $577,780.00 Less General Benefit Contribution from General Fund @ 5.95% $ 34,377.91 Improvement Fund Surplus $ 45,241.63 Net Assessable Amount $ 498,160.46 Any share of the benefits received from an improvement that does not provide a special benefit to the assessed properties is considered to be a general benefit provided by the improvements. The cost of such general benefit is not to be assessed to the properties in the Assessment District, but instead is contributed by the City from the General Fund. For median landscaping, the City has determined that the general benefit is the same percentage (5.95%) as calculated for the Street Lighting Improvements. AN ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS: The Median Landscaping Improvement Zone to be maintained in Fiscal Year 2002-03 includes two new areas on El Camino Real located north and south of College Boulevard. This brings the current City-maintained street median acreage to a total of approximately 57 acres, which includes both landscaped and hardscaped medians. This service generally benefits all parcels and residents within the City boundaries. Thus, all formula as in effect for the Street Tree Improvement Zone. City staff established the benefit parcels in the City boundary share in the cost of median maintenance using the same EDU 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 0.17 acres). Thus, each single-family parcel is given an EDU of 1.0, while most other parcels, as shown on the following table, are given assessments based on acreage to establish an EDU -12- value based on the following formula: Acreage of parcel divided by 0.17 acres = EDUs. This formula was approved by City Council at the June 6, 1989 regular meeting. LANDSCAPE MAINTENANCE BENEFIT UNITS AND LAND USE CODES Formula: If acres 20, then Benefit Units (BU) = 1.0, otherwise BU = 5.9 x Acres (i.e. Acres/O.l7) - 13- Ib The Median Landscaping Improvement Zone assessments will not increase in Fiscal Year 2002-03, and will remain at the same unit rate of $8.34 per EDU as assessed in the last six fiscal years. All new assessor's parcels that have been added within the City boundaries are automatically added to the Median Landscaping Improvement Zone and will be calculated at the same unit rate as used in the last six fiscal years. This unit assessment is applied to 48,511 parcels in the Median Landscaping Improvement Zone. The total number of EDUs for these parcels amounts to 59,731.47 EDUs. The revenue generated by these parcels amounts to $498,160.46 (59,731.47 EDUs times $8.34/EDU). For the specific assessment on each parcel, reference is made to the Assessment Roll on file at the Engineering Department, which is incorporated herein by this reference as though set forth in full. -14- I7 APPENDIX "A" Figures Paciric Ocean Legend I Street Tree Benefi ,' ' Water Body I 2 - APPENDIX "B" Examples of Street Lighting Codes CITY AI LIGHTS AT INTERSECTIONS ONLY CITY LIGHTS AT INTERSECTIONS AND MIDBLOCK NOT TO SCALE CI CITY LIGHTS SPACING AT CURRENT CITY STANDARDS CITY L Dl IGHTS ON MAJOR STREETS, PRIVATE LIGHTING WITHIN DEVELOPMENT NOT TO SCALE E2 CITY LIGHTS CONDOS AND APARTMENTS NOT TO SCALE I F2 CITY LIGHTS COMMERCIAL AND INDUSTRIAL \ G2 C1T.Y LIGHTS REDEVELOPMENT AREA \ NOT TO SCALE CITY LIGHTS AT TIME SHARE COMPLEX 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 26 RESOLUTION NO. 2002-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASSESSMENT AND PROVIDING FOR THE LEVY OF THE CARLSBAD, CALIFORNIA, CONFIRMING THE DIAGRAM AND ANNUAL ASSESSMENT FOR STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. WHEREAS, the City Council of the City of Carlsbad, California, has initiated proceedings for the levy of the annual special assessment district pursuant to the terms of the Landscaping and Lighting Act of 1972, (Division 15, Part 2 of the State Streets and Highways Code, commencing with Section 22500), the special assessment district is known and designated as Street Lighting and Landscaping District No. 1 (hereinafter referred to as the "Assessment District"); and WHEREAS, the Assessment District is an existing assessment district in which assessments are not proposed to be increased, and is therefore exempt from the procedures and requirements pursuant to California Constitution Article XlllD § 5 (a); and WHEREAS, at this time, a public hearing has been held relating to the levy of the annual assessments, and the City Council is now satisfied with the assessment and diagram and all other matters as contained in the Engineer's Report (the "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 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 SECTION 4. That the public interest and convenience requires, and the City Council does hereby order the maintenance work to be made and performed as is set forth in the Report, and as was previously declared and set forth in the Resolution of Intention. SECTION 5. That the assessments contained in the Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels of land in the Assessment District in the amounts as set forth in the final Report. It is hereby further determined that all assessments have been apportioned properly in accordance with the benefits that each parcel receives from the proposed maintenance works of improvement. FILING AND RECORDING SECTION 6. That the above-referenced diagram and assessment shall be filed in the office of the City Clerk, with a certified copy to be filed in the office of the Engineering Department. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 7. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the third Monday in August. ENTRY UPON THE ASSESSMENT ROLL SECTION 8. That after the filing of the diagram and assessment, the County Auditor shall enter on the County Assessment Roll, opposite each lot or parcel of land, the amount assessed thereupon. COLLECTION AND PAYMENT SECTION 9. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 / c 16 17 16 19 20 21 22 23 24 25 26 27 28 FISCAL YEAR SECTION 10. That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2002 and ending June 30,2003. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the Urd day of JULY , 2002 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Hall r, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 10 20 21 22 23 24 25 28 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTJON OF ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON. WHEREAS, the City Council of the City of Carlsbad, California, has previously formed a special assessment district pursuant to the terms of the Landscaping and Lighting Act of 1972, (Division 15, Part 2 of the State Streets and Highways Code, commencing with Section 22500), said special assessment district known and designated as Street Lighting and Landscaping District No. 1 (hereinafter referred to as the "Assessment District"); and WHEREAS, the Assessment 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 Article XlllD 5 5 (a); and WHEREAS, the City Council wishes levy 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 Assessment District; and WHEREAS, there has been presented and approved by this City Council the Englneer's Report (the "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. SECTION 2. That the public interest and convenience requires, and it is the intention Of the City Council to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the Assessment District, the improvements generally described as follows: 7d 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 The maintenance of certain street lighting improvements, street trees and median landscaping improvements, as set forth and described in the 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 Report, which is hereby ordered to be kept on file and open for public inspection in the Office of the City Clerk. BOUNDARIES OF ASSESSMENT DISTRICT SECTION 3. That said improvements are of direct benefit to the properties within the boundaries of the Assessment District, which Assessment District the legislative body previously declared to be the area benefited by the improvement, and for particulars, reference Is made to the boundary map as previously approved by the City Council, 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 Assessment District. REPORT OF ENGINEER SECTION 4. A. That the Report, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to the Report for a full and detailed description of the improvements to be maintained, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 9. All Street Lighting Improvement Zone, Street Tree Improvement Zone and Median Landscaping Improvement Zone assessments are to remain the same as the previous year and all new assessments added to the tax roll will be calculated at the same unit rates as Fiscal Years 1996-97. 1997-98, 1998-99, 199900,2000-01 and 2001-02. Page 2 of 4 of Resolution No. 2002-185 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 PUBLIC HEARING SECTION 5. Notice is hereby given that a public hearing is scheduled In the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time: Tuesday, July 23,2002, at 6:OO p.m. At that time, this legislative body will hear protests or objections in reference to lhe annual levy of assessments and to any other matters contained in this resolution. Any persons who wish lo object to the proceedings or the annual levy should file a written protest with the City Clerk prior to lhe 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 concluslon of the hearing, written protests filed and not withdrawn, represent properly owners owning more than 50% of the assessable area of land within the District. 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 a newspaper of general :irculation within the City of Carlsbad, said publication to be completed not less than ten (IO) days prior to the date set for the public hearing. Ill Ill VI 111 111 Ill 'I1 111 Ill Ill VI Page 3 of 4 of Resolution No. 2002-185 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROCEEDINGS INQUIRIESPROTESTS 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: DEPUTY CITY ENGINEER DAVID HAUSER PUBLIC WORKS CITY OF CARLSBAD . - ". - . . -. .~ " TELEPHONE: (760) 602-2739 Owners of property within the Assessment District may mail written protests to the following address: CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CITY OF CARLSBAD CARLSBAD, CA 92008 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci Council held on the 18th day of JUNE ,2002 by the following vote, to wit: AYES: Council Mepbers Levis, Kulchin. Finnila. Nygaard, Hall ATTEST 'nlmV7L LOmIhE M. WOOD, City Clerk ?age 4 of 4 0.f Resolution No. 2002-185 f 0 W n 4 u z 8 4 I4 . . .. .. . . . . . . . .. .. . . . .. . . .. . . .. .. .. .. . c, iz S Q) 9 Q) .I L e Q) 'EJ S m c, v) Q) 'EJ 0 0 I d v) 3 m S 0 0 '5 I I + c Q) c, + 0 .. Q)Q) m SL OQ Nv) c, Q) m > Q .- L ww on 00 00 c, C Q) S N W www 000 000 nnn * v) C 3 .I * iE Q) C m” .c, C i! 2 v) v) v) Q) d (9 t-” s Q) m tff (D os T r v) N 0 d (D W 0- r d 0 00 5 m 0 N Q) N N (9 m lo W t-” t- N 0 0 cj lo Ln lo- N N (D m (3 -! Q)” r 0 W m v! Q)? % d Q) 0 0 Q) c‘? Q)^ r W T c in o? 0 r r 1 Q) d m d Q) 0 W 0 I- tff 9 W” a 0 I- I- x Lh m t/) m 00 I- #+ d N I- 0 35 .- JI W z 0 N E U W W b W W v) 2 W W PL I- I- W W PL I- v) . P W E cn I- 2 W a e II L a Q. 9 0 0 N # cd I 0 0 N e3 cd il L a, cn 3 rn U > n rn a Q) a m 6, cy) I- N 0 CD &I August 8,2002 County of San Diego Auditor and Controller Property Tax Services San Diego, CA 92101 1600 Pacific Highway, Room 077 CERTIFICATION OF FIXED CHARGE SPECIAL ASSESSMENTS This letter certifies that, according to the records of the City of Carlsbad, all assessments and special taxes are in compliance with Article XlllC and D of the Constitution of the State of California. The total number of parcels subject to Fixed Charge Special Assessments for the City of Carlsbad Street Lighting and Landscaping District No. 1, and the corresponding dollar amount by fund for fiscal year 2002-2003 is as listed below: Please contact David Hauser at (760) 602-2739 with any questions Certified bx: C: Finance Director David Hauser, Deputy City Engineer Galen Peterson, Consultant 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 (760) 434-2808 @