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HomeMy WebLinkAbout2006-06-13; City Council; 18600; Street Lighting and Landscape District No. 2CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18.600 6/13/06 FIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 PUBLIC HEARING DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That a public hearing be held to consider a staff report, receive public comment, and approve Resolution No. 2006-153 , confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 2. ITEM EXPLANATION: On November 18, 2003, the City Council formed Street Lighting and Landscaping District No. 2 ("District No. 2"). District No. 2 was formed for new development in the City, to pay for the costs of street lights, street trees and medians within those areas. Street lights, street trees and medians in the previously developed parts of the City are paid from assessments within Street Lighting and Landscaping District No. 1 ("District No. 1"). Each development within District No. 2 is considered a separate zone, with their own assessment based on the costs for that particular area of the City. There are currently eight zones in District No. 2, including Calavera Hills II, Kelly Ranch, the Oaks South, Thompson/Tabata, Palomar Forum/Carlsbad Raceway, Bressi Ranch, La Costa Greens and the La Costa Ridge developments. Staff is working with other developers currently building communities in the City, and these properties will be annexed into District No. 2 in the near future. At their meeting of May 9, 2006, the City Council approved three resolutions that initiated proceedings and ordered the preparation of an Engineer's Report for a Special Assessment District, approved the Engineer's Report, and set the public hearing for tonight, June 13, 2006. The attached Engineer's Report outlines the maintenance and associated costs to be performed during the upcoming fiscal year, and the City's contribution of a "General Benefit" for street lighting, as detailed in the previously approved Engineer's Report. The "General Benefit" became a requirement with Proposition 218. 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 provide 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. The resolution setting the public hearing was published in the North County Times at least ten days prior to the public hearing date. FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D. CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D FISCAL YEAR 2006-07 ASSESSMENT DISTRICT PROCESSING: In each of the eight zones, a maximum and actual assessment rate is calculated on an annual basis. The maximum is the maximum annual assessment rate that can be assessed on a particular parcel. The rate is calculated by adding up all the costs of maintenance and replacements, assuming that all of the improvements in each zone were fully maintained by the City. However, in District No. 2, six zones are going to have a portion of their improvements maintained by their homeowners association (HOA). The calculated cost of maintaining any improvement that will be borne by an HOA has been subtracted from the maximum annual assessment in order to determine the actual annual assessment. The maximum assessments can increase by the increase in the Consumer Price Index (CPI) on an annual basis. The change in the CPI from January 2005 to January 2006 was 5.4%, and is reflected in the maximum assessment rates for 2006-07. The actual annual assessment is the amount that will be charged to each property owner on his or her annual property tax statement. If, at any point in the future the City determines that the HOA is not maintaining the improvements to the City's standard, the City has the ability to assume the maintenance of the improvements, and charge the property owner up to the maximum annual assessment. This would be done in order that the City can recover its costs of maintaining the improvements. In addition to costs associated with improvements being maintained by HOA's, street lighting costs have not been fully assessed for Fiscal Year 2006-07 in each zone, since some of these lights have either recently been energized or will not be energized until Fiscal Year 2006-07. When street lights are initially energized, developers prepay 18 months of electricity charges. Therefore, street lights costs are not assessed to property owners until the fiscal year after the lights have been energized. As shown in the table on the following page, the actual assessment rates for a single-family residential parcel per year range from a low of $6.62 per parcel to a high of $126.16 per parcel. These assessments vary between developments depending on the density of each development, and the amount and types of improvements being maintained in each development. Page 2 o ASSESSEMENT SUMMARY FOR THE AVERAGE ANNUAL SINGLE-FAMILY PARCEL Development Calavera Hills II Kelly Ranch The Oaks South Thompson/ Tabata Palomar Forum/Carlsbad Raceway Bressi Ranch La Costa Greens La Costa Ridge Maximum Annual Assessment Rate $176.22 $106.84 $374.18 $197.28 $146.11 $194.04 $348.44 $33.56 Actual Annual Assessment Rate $103.37 $99.44 $6.62 $126.16 $49.00 $40.74 $41.56 $21.59 Explanation of Difference Between Maximum and Actual Annual ; .••;,- Assessment' Rates ;;,: • ,1: All street trees maintained by HOA. Budgeted costs are less than maximum. Budgeted costs are less than maximum. Trees, medians, and majority of lights maintained by HOA. Trees maintained by HOA. Budgeted costs are less than maximum. Portion of lights energized at this time. Budgeted costs are less than maximum. Trees and majority of lights maintained by HOA. Budgeted costs are less than maximum. Trees, portion of medians and majority of lights maintained by HOA. Majority of lights and all trees maintained by HOA. FISCAL IMPACT: The Fiscal Year 2006-07 Street Lighting and Landscaping District No. 2 total budget for the eight zones is projected to be $290,583. The assessment rates in each zone of District No. 2 have been set so that the maintenance and operations, as well as the replacement of improvements, will be funded entirely through the property owners that benefit from the improvements. A $30,000 loan was approved on September 16, 2003 by the City Council to fund the initial formation costs. These costs are being recovered through the annual assessments placed on the property tax roll, over a four- year period, to be fully recovered by Fiscal Year 2007-08. ENVIRONMENTAL IMPACT: The project is categorically exempt under CEQA, pursuant to Section 15301 (c). EXHIBITS: 1. Approved Engineer's Report. 2. Resolution No.2006-153 _, confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 2 DEPARTMENT CONTACT: Kevin Branca, 760-602-2430, kbran@ci.carlsbad.ca.us Page3 Exhibit 1 CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 FINAL ANNUAL ENGINEER'S REPORT FISCAL YEAR 2006-07 Prepared by: E. Cox.'P'E Harris & Associates RCE41965 Exp. 3/31708 Date: May 23. 2006 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 1 TABLE OF CONTENTS Report 2 Part A - Plans and Specifications 3 Part B - Estimate of Cost 5 Part C - Method of Apportionment of Assessment 8 Part D - Assessment Roll 18 Part E - Assessment Diagram 18 Q:\carlsbad\Annual AdminXFY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc Exhibit 1 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 2 FISCAL YEAR 2006-07 ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ.) Pursuant to Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) (the "1972 Act"), Article XIIID of the California Constitution ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act" and together with the 1972 Act and Article XIIID, the "Assessment Law") and in accordance with the Resolution of Initiation, adopted by the City Council of the City of Carlsbad, State of California, in connection with the proceedings for: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 hereinafter referred to as the "Maintenance District" or "District", I, Joan E. Cox, P.E., the authorized representative of Harris & Associates, the duly appointed ASSESSMENT ENGINEER, submit herewith the "Report" consisting of five (5) parts as follows: PART A - PLANS AND SPECIFICATIONS Contains a description of the improvements that are to be maintained or serviced by the District. PART B - ESTIMATE OF COST Identifies the estimated cost of the services or maintenance to be provided by the District, including incidental costs and expenses in connection therewith. PART C - METHOD OF APPORTIONMENT Describes the basis on which the costs have been apportioned to each parcel of land within the Maintenance District, in proportion to the estimated special benefits to be received by such lots and parcels from the improvements to be maintained and serviced. PART D - ASSESSMENT ROLL Identifies the maximum assessment to be levied on each lot or parcel of land within the Maintenance District to receive special benefits from the improvements to be maintained and serviced. PART E - ASSESSMENT DIAGRAM Contains a Diagram of the Maintenance District Boundaries showing the exterior boundaries of the Maintenance District, the boundaries of any zones within the Maintenance District and the lines and dimensions of each lot or parcel of land within the Maintenance District. Q:\cartsbad\Annual Admin\FY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 3 PART A PLANS AND SPECIFICATIONS The improvements, which have been constructed or which may be subsequently constructed within and adjacent to the Maintenance District and that will be serviced and maintained, and the proposed maintenance and services are generally described as follows: DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The proposed improvements (collectively, the "Improvements") proposed to be maintained and serviced are generally described as follows: Landscaping and Appurtenant Improvements Landscaping improvements (collectively, the "Landscaping Improvements") include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures in public street and sidewalk rights-of-way, including medians, parkways and other easements dedicated to the City of Carlsbad within the boundaries of the Maintenance District. Street Lighting and Appurtenant Improvements Street lighting improvements (collectively, the "Street Lighting Improvements") include but are not limited to: poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and other easements dedicated to the City of Carlsbad within the boundaries of the Maintenance District. The public lighting system shall be maintained to provide adequate illumination. Electricity for streetlights shall be furnished by San Diego Gas & Electric (SDG&E), and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission. DESCRIPTION OF MAINTENANCE AND SERVICES Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the Landscaping Improvements and the Street Lighting Improvements facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the Landscaping Improvements and the Street Lighting Improvements or appurtenant facilities; providing for the life, growth, health and beauty of the Landscaping Improvements, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the Landscaping Improvements and the maintenance of any Street Lighting Improvements or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the Street Lighting Improvements, or for the lighting or operation of the Landscaping Improvements or appurtenant facilities. Q:\car1sbad\Annual Admin\FY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc 7 Exhibit 1 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 4 The Street Lighting Improvements shall be maintained to provide adequate illumination. Electricity for streetlights shall be furnished by SDG&E, and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission. The following provides descriptions of the Zones of Benefit within the Maintenance District: Zone 1 - Encompasses the Calavera Hills II Development and funds the operation and maintenance of street lighting, street trees and medians. Zone 2 - Encompasses the Kelly Ranch Core Development and funds the operation and maintenance of street lighting and medians. Zone 3 - Encompasses The Oaks South Development and funds the operation and maintenance of street lighting, street trees and medians. Zone 4 - Encompasses the Thompson/Tabata Development and funds the operation and maintenance of street lighting, street trees and medians. Zone 5 - Encompasses the Palomar Forum Development and the Carlsbad Raceway Development and funds the operation and maintenance of street lighting and medians. Zone 6 - Encompasses the Bressi Ranch Development and funds the operation and maintenance of street lighting, street trees, and medians. Zone 7 - Encompasses the La Costa Greens Development and funds the operation and maintenance of street lighting, street trees, and medians. Zone 8 - Encompasses the La Costa Ridge Development and funds the operation and maintenance of street lighting and medians. The plans and specifications for the Improvements, showing the general nature, location and the extent of the Improvements, are on file in the office of the City Engineer and are by reference herein made a part of this report. Q:\carlsbad\Annual AdminNFY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc Exhibit 1 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 5 PARTB ESTIMATE OF COST The estimated costs for the operation, maintenance and servicing of the Improvements, shown below, are the estimated costs of maintenance if the Improvements were fully maintained for Fiscal Year 2006-07. The 1972 Act provides that the total cost of the maintenance and services, together with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings. Q:\cartsbad\Annual AdminNFY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 May 23, 2006 Page 6 FY 2006-07 Budget Quantity Zone 1 (Calavera Hills II) 100W Light 50 each * 200W Light 26 each " Trees 0 each *** Medians 37,558 sf Zone 2 (Kelly Ranch Core) 100W Light 54 each * 200W Light 6 each Medians 38,250 sf Zone 3 (The Oaks South) ** 100W Light 0 each * 200W Light 7 each " Trees 0 each ** Medians 0 sf Zone 4 (Thompson/Tabata) 100W Light 45 each * 200W Light 8 each ** Trees 0 each Medians 22,180 sf O&M Unit Cost $144.79 $206.79 $53.81 $0.30 $144.79 $206.79 $0.30 $144.79 $206.79 $53.81 $0.30 $144.79 $206.79 $53.81 $0.30 Repl. Unit Cost $141.83 $141.83 $0.42 $141.83 $141.83 $0.42 $141.83 $141.83 $0.42 $141.83 $141.83 $0.42 Total O&M/Repl. Costs $14,331 $7,750 $0 $26,983 $15,477 $1,788 $27,480 $0 $2,086 $0 $0 $12,898 $2,385 $0 $15,935 Form- ation Costs $97 $52 $134 $183 $105 $12 $186 $262 $14 $613 $318 $87 $16 $91 $108 Other Admin. Costs $190 $103 $0 $358 $205 $24 $365 $0 $28 $0 $0 $171 $32 $0 $212 Zone 5 (Palomar Forum/Carlsbad Raceway) 100W Light 4 each **" 200W Light 0 each * 200W Light 14 each Medians 45,163 sf Zone 6 (Bressi Ranch) " 100W Light 0 each "** 200W Light 0 each *200W Light 15 each ** Trees 0 each Medians 81,510sf Zone 7 (La Costa Greens) " 100W Light 0 each " Collector lOOWLig 0 each * 200W Light 21 each ** Local Trees 0 each ** Collector Trees 0 each Medians 55,91 7 sf Zone 8 (La Costa Ridge) " 100W Light 0 each * 200W Light 2 each Medians 8,579 sf $144.79 $206.79 $206.79 $0.30 $144.79 $206.79 $206.79 $53.81 $0.30 $144.79 $144.79 $206.79 $53.81 $53.81 $0.30 $144.79 $206.79 $0.30 $141.83 $141.83 $141.83 $0.42 $141.83 $141.83 $141.83 $0.42 $141.83 $141.83 $141.83 $0.42 $141.83 $141.83 $0.42 $1,146 $0 $4,173 $32,447 $0 $0 $4,471 $0 $58,560 $0 $0 $6,259 $0 $0 $40,173 $0 $596 $6,163 $14 $28 $28 $375 $258 $85 $30 $271 $521 $281 $76 $42 $517 $123 $759 $19 $4 $42 $15 $0 $55 $431 $0 $0 $59 $0 $777 $0 $0 $83 $0 $0 $533 $0 $8 $82 FY 06-07 Annual Costs $14,618 $7,905 $134 $27,524 $50,181 $15,787 $1,824 $28,031 $45,642 $262 $2,128 $613 $318 $3,321 $13,156 $2,433 $91 $16,255 $31,935 $1,175 $28 $4,256 $33,253 $38,712 $258 $85 $4,560 $271 $59,858 $65,032 $281 $76 $6,384 $517 $123 $41,465 $48,846 $19 $608 $6,287 FY 06-07 Annual Cost/EDU $44.71 / EDU $12.95 /EDU $0.63 / EDU $45.08 / EDU $35.20 / EDU $3.86 / EDU $60.38 / EDU $0.53 / EDU $4.23 / EDU $1 .22 / EDU $0.64 / EDU $51 .96 /EDU $9.61 / EDU $0.39 / EDU $64.20 / EDU $3.77 / EDU $0.06 / EDU $5.14 /EDU $40.09 / EDU $0.44 / EDU $0.09 / EDU $2.82 / EDU $0.53 / EDU $36.95 / EDU $0.33 / EDU $0.13 /EDU $5.39 / EDU $0.55 / EDU $0.21 /EDU $34.95 / EDU $0.06 / EDU $1.90 /EDU $19.63 /EDU $6,914 Subtotal Annual Costs: $281,101 $5,751 $3,731 I $290,583 Administrative Costs District Formation (second of 4 installments) Annual Administration County Levy Fee Replacement Reserve Fund Balance as of July 1 of Current FY $5,750 $3,500 $231 $57,085 ($57.085) Subtotal Administrative Costs: $9,481 * These lights are on arterial roadways, therefore the Total O&M/Repl. costs have been multiplied by 85.5% (This is to account for the 14.5% General Benefit for Arterial Roadways) ** These budgets are $0 due to HOA maintenance and servicing ** Portion of total median area attributable only to Calavera Hills II ** These 200W lights are local to the Non-Res properties in Zones 5 and 6 and costs are spread to those parcels only Q:\carlsbad\Annual Admin\FY 06-07\LLMD2\reports\LLD2 06-07 Final Rptdoc lo Exhibit 1 City of Carlsbad May 23,2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 7 Please see Part C of this Report for a description of Equivalent Dwelling Units (EDU's) and the apportionment formula. The Assessment Law requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. The City may advance funds to the District, if needed, to ensure adequate cash flow, and will be reimbursed for any such advances upon receipt of assessments. Any surplus or deficit remaining on June 30 must be carried over to the next fiscal year. Q:\cartsbad\Annual Admin\FY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc II Exhibit 1 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 8 PARTC METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL The 1972 Act permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include the construction, maintenance and servicing of street lights, traffic signals and landscaping facilities. Streets and Highways Code Section 22573 requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." In addition, Article XIIID and the Implementation Act requires that a parcel's assessment may not exceed the reasonable cost for the proportional special benefit conferred on that parcel. Article XIIID and the Implementation Act further provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. They also require that publicly owned properties which specially benefit from the improvements be assessed. SPECIAL BENEFIT ANALYSIS Proper maintenance and operation of the streetlights, street trees and street medians provides special benefit to adjacent properties by providing security, safety, and community character and vitality. Local Lighting. Special Benefit. The operation, maintenance and servicing of lighting along local streets in close proximity to certain lots or parcels provides a special benefit to such lots or parcels by providing illumination resulting in: 1) improved security of such lots or parcels, 2) improved ingress and egress from such lots or parcels by illuminating access after sunset, and 3) improved nighttime visibility for the local access of emergency vehicles. Local lighting consists of 100 watt lights. Street lights on or associated with traffic signals located at arterial-to-local connectors are considered to be 100% special benefit to those developments taking direct access at these intersections. General Benefit. There are no general benefits associated with local lighting. Q:\cartsbad\Annual Admin\FY 06-07\LLMD2\reports\LLD2 06-07 Final Rptdoc 12 City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 May 23,2006 Page 9 Arterial Lighting. Special Benefit. The operation, maintenance and servicing of arterial lighting provides a special benefit to each and every assessable lot or parcel within the development or vicinity which are adjacent to such lighting resulting in: 1) improved nighttime visibility for the access of emergency vehicles, and 2) improved safety and traffic circulation to and from parcels. Arterial lighting consists of 200 watt lights; however, special benefit is assigned consistent with local lighting wattage. General Benefit. The City recognizes that a portion of the maintenance, operation and servicing of those Street Lighting Improvements that are a part of the City's arterial lighting improvements provide a general benefit to the public at large, which equates to the higher level of lighting required on arterial roads. The general benefits associated with Arterial Lighting are attributable to the higher level of lighting required for an arterial roadway. That higher level of lighting provides a measure of safety for the additional width of the street. Local and collector roadways require only 9,500 lumen lights (typically 100 watt lights) and arterial roadways require 22,000 lumen lights (typically 200 watt lights). The amount of general benefit is established by multiplying the number of arterial streetlights currently in the City by the difference between the average annual electrical costs to illuminate a light on an arterial street and a local street. (Electrical costs are used in this comparison, as the personnel and replacement costs for the various lumens and wattages of lights are virtually the same.) The table below shows the calculation of the cost estimate for general benefit for streetlights. FY 2006-07 COST ESTIMATE COMPARISON OF ELECTRICAL COSTS FOR THE VARIOUS STREET LIGHTS WITHIN THE CITY Lamp Size (Watts) Number Lights Monthly Rate Monthly Amount Annual Amount Avg Annual Cost per Light Low wattage (9,500 lumen) lights for local/collector streets: 70 100 150 Subtotal-1 1,435 3,396 92 4,923 $5.18 $6.94 $9.50 $7,432.65 $23,574.29 $874.16 $89,191.76 $282,891 .46 $10,489.97 $382,573.20 $77.71 High wattage (22,000 lumen) lights for arterial streets: 200 250 400 Subtotal-2 1,164 716 7 1,887 $12.07 $15.47 $23.42 $14,053.78 $11,074.51 $163.95 $168,645.41 $132,894.12 $1,967.37 $303,506.91 $160.84 Total 6,810 $686,080.10 Annual Amount Difference between Subtotal-1 & Subtotal-2 $83.13 General Benefit = (Annual Amount Difference) x (No. of High Wattage Lights) $156,866.31 Total FY 2006-07 Est. Cost for all street lighting* $1,078,776 Estimated General Benefit Percentage 14.5% * Based on preliminary budget estimates Q:\cartsbad\Annual AdmirAFY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc Exhibit 1 City of Carlsbad May 23,2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 10 Therefore, 14.5% of the Street Lighting Improvements on the City's arterial roadways are considered general benefit, and only 85.5% of these Street Lighting Improvements will be used to estimate the special benefit costs. Streetlights on or associated with traffic signals located at arterial-to-arterial connectors are considered to be 100% general benefit. In addition to the above, streetlights fronting upon open space areas owned by governmental agencies and/or managed by a non-profit environmental trust and which are considered part of the major habitat core areas and/or linkages of the City's Habitat Management Plan shall be considered as having 100% general benefit. Street Landscaping. Special Benefit. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value. • Street trees within the public street parkways provide special benefit to those properties directly adjacent to those tree-lined parkways. • Landscaping and hardscaping within medians in the public streets provide special benefit to those developments that are directly adjacent to the public medians. These medians are located in the arterial roadways. General Benefit. • There are no general benefits associated with local street trees. • Landscaping and hardscaping within medians in the arterial roadways provide only incidental aesthetic benefits to motorists travelling to, from or through the City. Therefore, it is deemed that there are no general benefits associated with the landscaped medians. Vehicular safety associated with the traffic channelization provided by raised medians is independent of the landscaping and hardscaping improvements funded through this Maintenance District. However, median curb replacement costs are included in the overall replacement costs for the medians. Because raised median curbs are required for both landscaping and traffic channelization, 50% of the median curb replacement costs have been removed from the budget. Benefit Zones Benefit Zones are used to differentiate between the different types of Improvements to be maintained and serviced within each such zone. There are currently eight zones of benefit in this District. Zone 1 - Calavera Hills II The Calavera Hills II development is located in and around the intersection of Carlsbad Village Drive and College Boulevard and is comprised of villages of varying types of land uses that will receive special benefit from the street lighting, street trees and medians within and directly Q:\cartsbad\Annual Admin\FY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc \H Exhibit 1 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 11 adjacent to the development. It is anticipated that the Home Owners Association ("HOA") will maintain the street trees. The City and the owners of the land within Calavera Hills II have an agreement to provide for the maintenance of the street trees by the HOA; therefore, annual assessments will be levied within Zone 1 for the maintenance of street trees only if (a) the HOA fails to maintain such street trees pursuant to the Agreement, (b) as a result of the failure of the HOA to maintain such street trees, the City is required to undertake such maintenance and (c) the HOA has failed to reimburse the City for the cost of such maintenance as required pursuant to the Agreement. Villages K, L-2, W and X are comprised of single family detached ("SFD") units and have local streetlights and street trees within the public streets. Village X also has a 0.08-acre of non- residential ("Non-Res") land use that takes access off of College Boulevard. This property is a utility with no local streetlights or street tress adjacent to it. Villages E, U and Y are comprised of single family attached ("SFA"), apartment ("APT") units, and 1 acre of Non-Res land use, and do not have any local lighting or street trees. Village H is comprised of 2 acres of Non-Res use and does not have local lighting and street trees. All of the villages receive special benefit from the arterial street lighting on Carlsbad Village Drive, College Boulevard and Tamarack Avenue that is directly adjacent to these village areas. The entire Calavera Hills development (not just Calavera Hills II) benefits from the medians within College Boulevard and Carlsbad Village Drive within the boundaries of the development. An analysis has been performed to allocate the appropriate share of the medians to the Calavera Hills II development based on the assessment apportionment methodology shown in this Report. Zone 2 - Kelly Ranch Core The Kelly Ranch Core development is located southeast of the intersection of Cannon Drive and Faraday Avenue and is comprised of varying types of land uses that receive special benefit from the street lighting and medians within and directly adjacent to the development. The core development consists of SFD and APT units, 2.61 acres of Non-Res, a park and vacant property (future development details have not been determined) that have local streetlights in the public streets directly adjacent to them. All of these properties benefit from the local lights within this core development. There are an additional 5 SFD units planned for the Kirgis development, which is directly adjacent to Kelly Ranch and takes access through the development. A 2.63 acres site of Non-Res does not have local lighting. Part of this development also includes a city-owned 1.58-acre future wastewater pumping plant site taking access off of Cannon Road. This property is considered Non-Res utility property that has no local streetlights adjacent to it. Although this property is a utility with essentially no value, it does receive the arterial lighting special benefits; however, this utility property is not deemed to benefit from the landscaped median improvements. All of the development receives special benefit from the arterial street lighting and medians on Cannon Road. Q:\cartsbad\Annual Admin\FY 06-07M.LMD2\reports\LLD2 06-07 Final Rpt.doc Exhibit 1 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 12 Zone 3 - The Oaks South The Oaks South development is located to the northeast of the intersection of Rancho Santa Fe Road and Camino de los Coches and is comprised of varying types of land uses that receive special benefit from the street lighting, street trees and medians within and directly adjacent to the development. It is anticipated that the HOA will maintain the street trees, local street lights and medians. The City and the owners of the land within Oaks South have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 3 for the maintenance of such improvements only if (a) the HOA fails to maintain such any such improvements pursuant to the Agreement, (b) as a result of the failure of the HOA to maintain any such Improvements, the City is required to undertake such maintenance and (c) the HOA has failed to reimburse the City for the cost of such maintenance as required pursuant to the Agreement. The development consists of SFD units, and 1.42 acres of Non-Res property that have local street lights and street trees in the public streets directly adjacent to them. All of the development receives special benefit from the arterial street lighting and medians on Rancho Santa Fe Road. The median improvements on Rancho Santa Fe Road extend into an open space area that separates The Oaks South from the future The Oaks North development. This median provides an aesthetic link between the two developments and therefore 50% of the costs of the medians within the open space area to the north of The Oaks South is apportioned to The Oaks South, and 50% will be apportioned to The Oaks North at the time of its development and annexation into this Maintenance District. Zone 4 - Thompson / Tabata The Thompson/Tabata development is located along Poinsettia Lane west of Aviara Parkway and is comprised of varying types of land uses that benefit from the operation and maintenance of street lighting, street trees and medians within and directly adjacent to the development. It is anticipated that the HOA will maintain the street trees. The City and the owners of the land within the Thompson/Tabata property have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 4 for the maintenance of street trees only if (a) the HOA fails to maintain such street trees pursuant to the Agreement, (b) as a result of the failure of the HOA to maintain such street trees, the City is required to undertake such maintenance and (c) the HOA has failed to reimburse the City for the cost of such maintenance as required pursuant to the Agreement. The development consists of SFD units that have local street lights and street trees in the public streets directly adjacent to them, and SFA units that take access off streets with local streetlights but do not have street trees directly adjacent to them. All of the development receives special benefit from the arterial street lighting and medians on Poinsettia Lane. The existing SFD property, Assessor's Parcel Number 214-170-81-00, is already assessed in Street Lighting and Landscaping District No. 1 and is therefore exempted from this District. Q:\carlsbad\Annual Admin\FY 06-07\LLMD2\reports\LLD2 06-07 Final Rptdoc Exhibit 1 City of Carlsbad May 23,2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report- FY 2006-07 Page 13 Zone 5 - Palomar Forum / Carlsbad Raceway Previously, Zone 5 only included the Palomar Forum development when it was originally annexed into the Street Lighting and Landscaping District No. 2. The Carlsbad Raceway development is directly adjacent to the Palomar Forum development and both developments have been combined into one zone because they share benefit from several improvements in and around the developments. The Palomar Forum development is located along the northerly side of Palomar Airport Road, east of Melrose Drive and is comprised of 51.62 acres of Non-Res and a 1.71 acres of Park that have 100 watt local street lights in the public streets directly adjacent to them. The Carlsbad Raceway development is located north of Palomar Airport Road and west of Business Park Drive and is comprised of 86.20 acres of Non-Res that has 200 watt local street lights in the public street directly adjacent to them. Both developments receive special benefit from the arterial street lighting and medians on Melrose Drive and Palomar Airport Road. Zone 6 - Bressi Ranch The Bressi Ranch development is located on the southeast corner of Palomar Airport Road and El Camino Real. It is comprised of varying types of land uses that receive special benefit from the street trees, medians, street lighting within and directly adjacent to the development. The entire development benefits from the street lighting within and directly adjacent to the development, except the residential estate area that has private streets and so does not have any local public street light benefits. It is anticipated that the HOA will maintain the local streetlights and the street trees within the residential areas and the medians in Poinsettia Lane. The City and the owners of the land within Bressi Ranch have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 6 for the maintenance of the local street lights only if (a) the HOA fails to maintain such any such street lights pursuant to the Agreement, (b) as a result of the failure of the HOA to maintain any such Improvements, the City is required to undertake such maintenance and (c) the HOA has failed to reimburse the City for the cost of such maintenance as required pursuant to the Agreement. The development consists of SFD units and 8 Parks that have trees and local street lights in the public streets directly adjacent to them. There are SFA units that have local street lights adjacent to them, but do not have street trees directly adjacent to them. There are 25 SFD estate units on private streets, with no public local street lights or street trees. There are also 134.96 acres of Non-Res development that has 200 watt local lighting adjacent to them. All of the development received special benefits from medians in Palomar Airport Road, El Camino Real, and Poinsettia Lane. Zone 7 - La Costa Greens The Greens development is located on the northeast corner of Alga Road and El Camino Real. It is comprised of varying types of land uses that receive special benefit from the street frees, medians, street lighting within and directly adjacent to the development. Q:\carisbad\Annual Admin\FY 06-OALLMD2\reports\LLD2 06-07 Final Rpt.doc (7 Exhibit 1 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 14 There is a 12.80 acre School, a total of 7.56 acres of Park, 86 SFA units, and 591 SFD units that all have local trees and local street lights in the public streets directly adjacent to them. There is 9.69 acres of Non-Res and 44 SFA units that have local street trees, but do not have local street lights, in the streets directly adjacent to them. There are 64 SFD units on private streets, with no public local street lights or street trees. There are 180 APT units, a Pump Station, and a Golf Course that are within the development and are taken into consideration when spreading the special benefits, but are not part of this district and are assessed in Street Lighting and Landscaping District No. 1. Street trees and street lights along Alicante Road are classified as Collector Trees and Collector 100W Lights. The annual cost to maintain these trees and street lights will be spread among the development areas that are directly adjacent to and take access from Alicante Road. The entire development receives special benefit from the arterial street lighting on El Camino Real, Alga Road, and Poinsettia Lane. It is anticipated that the HOA will maintain the local streetlights and the street trees within the residential areas and the medians within Poinsettia Lane. The City and the owners of the land within the Greens have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 7 for the maintenance of the local street lights and the medians only if (a) the HOA fails to maintain such any such street lights and medians pursuant to the Agreement, (b) as a result of the failure of the HOA to maintain any such Improvements, the City is required to undertake such maintenance and (c) the HOA has failed to reimburse the City for the cost of such maintenance as required pursuant to the Agreement. All of the development receives special benefits from medians in El Camino Real, Alga Road, and Poinsettia Lane. Zone 8 - La Costa Ridge The Ridge development is located east of El Fuerte Street, south of Alga Road, west of Rancho Santa Fe Road, and northwest of San Marcos Creek. It is comprised of residential land uses that receive special benefit from the medians and street lighting directly adjacent to the development. There are 262 SFD units on private streets, with no public local street lights or street trees directly adjacent to them. There are 58 SFA units on private streets with no public local street lights or street trees directly adjacent to them. There is also 2 acres of Non-Res parcels within the development that are taken into consideration when spreading the special benefit, but are not part of this district and are assessed in Street Lighting and Landscaping District No. 1. Though the streets within the Ridge development are private, the entire development receives special benefit from the local street lighting directly adjacent to the development on El Fuerte Street along the westerly side of the development. All of the development receives special benefit from the arterial street lighting and medians in Alga Road and Rancho Santa Fe Road. Q:\cartsbad\Annual Admin\FY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc 18 Exhibit 1 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 15 ASSESSMENT APPORTIONMENT AND RATES Equivalent Dwelling Units To establish the special benefit to the individual parcels within the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ("EDU's") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights, street trees and medians. The single-family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Single Family Attached (SFA) Residential. SFA residential uses, including condominiums, are given a factor of 0.80 EDU per dwelling unit. Based on data from representative cities in Southern California, the SFA residential factor of 80 percent is determined by the statistical proportion of relative trip generation from various types of residential uses, in combination with population density per unit. Apartment (APT) Residential. APT residential uses, also known as multifamily residential uses, are given a factor of 0.60 EDU per dwelling unit. Based on data from representative cities in Southern California, the APT residential factor of 60 percent is determined by the statistical proportion of relative trip generation from various types of residential uses, in combination with population density per unit. Non-Residential (Non-Res). In converting improved non-residential properties to EDUs, the factor used is the City of Carlsbad average size for a SFD residential lot, which is 1 dwelling unit per 7,500 sq. ft, or approximately 6 dwelling units per acre. Therefore, Non-Res parcels will be assessed 6 EDU per acre or any portion thereof. Vacant/Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at the rate of 25% of Non-Res properties, or 1.5 EDU per acre or any portion thereof. Open Space. Parcels designated as open space do not receive special benefits from the Improvements and are therefore exempt from the assessment. The following table summarizes the EDU formula described above. Q:\carlsbad\Annual Admin\FY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc Exhibit 1 City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 May 23, 2006 Page 16 EDU Formula Land Use EDU Rate Single Family Detached Res (SFD)1.0 /DU Single Family Attached Res (SFA)0.8/DU Apartments (APT)0.6/DU Developed Non-Residential (Non-Res) 6.0 / acre Vacant / Park 1.5 / acre Open Space 0.0 / acre DU = Dwelling Unit The table below provides the EDU's for the various types of special benefits associated with each Zone, FY 2006-07 budget rates and the calculated maximum assessment rates for FY 2006-07. The FY 2006-07 assessment rate will be the lesser of the budget rate and the maximum rate. Estimated FY 2006-07 Assessment Allocation and Rates Development DU Acres Zone 1 - Calavera Hills II Village E - SFA (NO.) 117 Village H - Non-Res (NIL) 2.00 Village K - SFD 84 Village L-2 - SFD 14 Village U - SFA (NLL) 135 Village W- SFD 114 Village X - Non-Res (NLL) utility 0.08 Village X- SFD 115 Village Y - APT (NLL) 106 Village Y - Non-Res (NLL) 1 .00 Zone 2 - Kelly Ranch Core SFD 147 APT 451 __, Non-Res 2.61 Non-Res (NLL) 2.63 Non-Res (NLL) utility 1.58 Park 0.49 SFD (NAP) 6 Vacant (NAP) 5.67 Zone 3 - The Oaks South SFD 494 Non-Res 1.62 Zone 4 - Thompson/Tabata SFD 234 SFA 24 Zone 5 - Palomar Forum/Carlsbad Raceway Park 1.71 Non-Res-100W 51.62 Non-Res-200W 86.2 Zone 6 - Brass! Ranch Non-Res 166.43 Park 12.38 SFD 498 SFA 100 SF Estates 25 Local Light EDU 84.0 14.0 114.0 115.0 327.0 147.0 270.6 15.7 0.7 6.0 8.5 448.5 494.0 9.7 503.7 234.0 19.2 253.2 2.6 309.7 517.2 829.5 998.6 18.6 498.0 80.0 1595.2 Collector Local Light EDU Arterial Light EDU 93.6 12.0 84.0 14.0 108.0 114.0 0.5 115.0 63.6 6.0 610.7 147.0 270.6 15.7 15.8 9.5 0.7 6.0 8.5 473.8 494.0 9.7 503.7 234.0 19.2 253.2 2.6 309.7 517.2 829.5 998.6 18.6 498.0 80.0 25.0 1620.2 Tree EDU 84.0 14.0 114.0 115.0 327.0 494.0 9.7 503.7 234.0 234.0 18.6 498.0 516.6 Collector Tree EDU Median EDU 93.6 12.0 84.0 14.0 108.0 114.0 0.5 115.0 63.6 6.0 610.7 147.0 270.6 15.7 15.8 0.7 6.0 8.5 464.3 494.0 9.7 503.7 234.0 19.2 253.2 2.6 309.7 517.2 829.5 998.6 18.6 498.0 80.0 25.0 1620.2 FY 06-07 Budget Rate (S/EDU) $58.03 $58.03 $103.37 $103.37 $58.03 $102.74 $58.03 $103.37 $58.03 $58.03 $99.44 $99.44 $99.44 $64.24 $3.86 $99.44 $99.44 $99.44 $6.62 $6.62 $126.16 $125.77 $49.00 $49.00 $45.29 $39.86 $40.74 $40.74 $40.21 $39.77 FY 06-07 Asmt Rate* ($/EDU) $58.03 $58.03 $103.37 $103.37 $58.03 $102.74 $58.03 $103.37 $58.03 $58.03 $99.44 $99.44 $99.44 $64.24 $3.86 $99.44 $99.44 $99.44 $6.62 $6.62 $126.16 $111.11 $49.00 $49.00 $45.29 $39.86 $40.74 $40.74 $40.21 $39.77 FY 05-06 Max. Rates ($/EDU) $57.85 $57.85 $167.19 $167.19 $57.85 $167.19 $57.85 $167.19 $57.85 $57.85 $101.37 $101.37 $101.37 $62.16 $4.52 $101.37 $101.37 $101.37 $355.01 $355.01 $187.17 $105.42 $138.62 $138.62 $83.29 $61.44 $184.10 $184.10 $120.43 $47.59 CPI Adj. 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% FY 06-07 Max. Rates ($/EDU) $60.97 $60.97 $176.22 $176.22 $60.97 $176.22 $60.97 $176.22 $60.97 $60.97 $106.84 $106.84 $106.84 $65.52 $4.76 $106.84 $106.84 $106.84 $374.18 $374.18 $197.28 $111.11 $146.11 $146.11 $87.79 $64.76 $194.04 $194.04 $126.93 $50.16 NC = No Collector Lights/Trees NLL = No Local Lights NLT = No Local Trees DU = Dwelling Unit NAP = Not a Part * The FY2006-07 Assessment Rate will be the lesser of the Budget Rate and the Maximum Rate Q:\cartsbad\Annual AdmirAFY 06-07\LLMD2\reports\LLD2 06-07 Final Rptdoc Exhibit 1 City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 May 23,2006 Page 17 Estimated FY 2006-07 Assessment Allocation and Rates (cont'd) Development DU Acres Zone 7 - The Greens Non-Res-NLL 9.69 Non-Res 12.80 Park 5.84 Park-NC 1.72 Park-NLT 32.11 SFA 86 SFA-NLL 44 SFD 484 SFD-NC 107 SF Estates 64 APT (NAP) 180 Non-Res (NAP) 0.65 Park-NLL (NAP) 80.81 Zone 8 - The Ridge SFA 58 SFD 262 Non-Res (NAP) 2.0 Local Light EDU 76.8 8.8 2.6 68.8 484.0 107.0 108.0 3.9 859.8 46.4 262.0 12.0 320.4 Collector Local Light EDU 8.8 48.2 484.0 64.0 604.9 Arterial Light EDU 58.1 76.8 8.8 2.6 48.2 68.8 35.2 484.0 107.0 64.0 108.0 3.9 121.2 1186.6 46.4 262.0 12.0 320.4 Tree EDU 58.1 76.8 8.8 2.6 68.8 35.2 484.0 107.0 108.0 3.9 953.2 Collector Tree EDU 8.8 48.2 484.0 64.0 604.9 Median EDU 58.1 76.8 8.8 2.6 48.2 68.8 35.2 484.0 107.0 64.0 108.0 3.9 121.2 1186.6 46.4 262.0 12.0 320.4 FY 06-07 Budget Rate ($/EDU) $40.89 $41.22 $41.56 $41.22 $40.68 $41.22 $40.89 $41.56 $41.22 $40.68 $41.22 $41.22 $40.34 $21.59 $21.59 $21.59 FY 06-07 Asmt Rate* ($/EDU) $40.89 $41.22 $41.56 $41.22 $40.68 $41.22 $40.89 $41.56 $41.22 $40.68 $41.22 $41.22 $40.34 $21.59 $21.59 $21.59 FY 05-06 Max. Rates ($/EDU) $216.81 $268.12 $330.59 $268.12 $164.95 $268.12 $216.81 $330.59 $268.12 $164.95 $268.12 $268.12 $102.48 $31 .84 $31.84 $31.84 CPI Adj. 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% 5.4% FY 06-07 Max. Rates ($/EDU) $228.52 $282.60 $348.44 $282.60 $173.86 $282.60 $228.52 $348.44 $282.60 $173.86 $282.60 $282.60 $108.01 $33.56 $33.56 $33.56 NC = No Collector Lights/Trees NLL = No Local Lights NLT = No Local Trees DU = Dwelling Unit * The FY2006-07 Assessment Rate will be the lesser of the Budget Rate and the Maximum Rate NAP = Not a Part Q:\carlsbad\Annual AdminNFY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc Exhibit 1 City of Carlsbad May 23, 2006 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2006-07 Page 18 PARTD ASSESSMENT ROLL The Assessment Roll is a listing of the proposed maximum assessment for Fiscal Year 2006-07 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Diego. The Assessment Roll is on file in the Office of the City Clerk and is incorporated by reference herein and made part of this Report. The description of each lot or parcel is part of the records of the Assessor of the County of San Diego and these records are, by reference, made part of this Report. PARTE ASSESSMENT DIAGRAM An Assessment Diagram for the Maintenance District is provided on the following page. The lines and dimensions of each lot or parcel within the Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of San Diego, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. Q:\cartsbad\Annual AdminNFY 06-07\LLMD2\reports\LLD2 06-07 Final Rpt.doc Exhibit 1 »5«b •I Lighting and Landscape District 2 for Fiscal Year 2006-07 PACIFIC OCEAN 1 1 Kelly Ranch Zone 6 Bressi Ranch ZoneS Palomar Forum Zone 4 Thompson/Tabata Zone? The Greens ZoneS The Ridge Zone 3 The Oaks South Development Name Zone 1 - Calavera Hills Zone 2 - Kelly Ranch Zone 3 - The Oaks South Zone 4 - Thompson/Tabata Zone 5 - Palomar Forum Zone 6 - Bressi Ranch Zone 7 - The Greens Zone 8 - The Ridge Exhibit 2 1 RESOLUTION NO. 2006-153 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE DIAGRAM 3 AND ASSESSMENT AND PROVIDING FOR THE LEVY OF 4 THE ANNUAL ASSESSMENT FOR STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 5 6 WHEREAS, the City Council of the City of Carlsbad, California, has initiated 7 proceedings for the levy of the annual special assessment district pursuant to the terms 8 of the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the State Streets 9 Highways Code, commencing with Section 22500); the special assessment district is 10 known and designated as Street Lighting and Landscaping District No. 2 (hereinafter 11 referred to as the "Assessment District"); and 12 WHEREAS, the Assessment District is an existing assessment district in which the maximum allowable assessment rates for each zone have been increased by the 15 annual change in the Consumer Price Index (CPI), as was approved by the City Council 16 following a property owner vote, and the proposed assessments to be levied are less 17 than the allowable maximum rates and; therefore, this Assessment District is exempt 18 from the procedures pursuant to California Article XIIID § 5 (a); and 19 WHEREAS, at this time, a public hearing has been held relating to the levy of the 20 annual assessments, and the City Council is now satisfied with the assessment and 21 diagram and all other matters as contained in the Engineer's Report (the "Report") as 22 now submitted for final consideration and approval. 23 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 25 RECITALS 26 SECTION 1. That the above recitations are true and correct. 27 28 Exhibit 2 1 PROTESTS 2 SECTION 2. That all protests and objections of every kind and nature be, and 3 the same hereby are, overruled and denied. 4 CONFIRMATION 5 SECTION 3. That the final assessment and diagram for the proceedings, as 6 contained in the Engineer's Report, are hereby approved and confirmed. 7 SECTION 4. That the public interest and convenience requires and the City8 o Council does hereby order the maintenance work to be made and performed as set JO forth in the Report, and as previously declared and set forth in the Resolution of 11 Intention. 12 SECTION 5. That the assessments contained in the Report for the next fiscal 13 year are hereby confirmed and levied upon the respective lots or parcels of land in the 14 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 16 benefits that each parcel receives from the proposed maintenance works of 17 improvement. 18 FILING AND RECORDING 20 SECTION 6. That the above-referenced diagram and assessment shall be filed 21 in the office of the City Clerk, with a certified copy to be filed in the office of the 22 Engineering Department. Said diagram and assessment, and the certified copy thereof, 23 shall be open for public inspection. SECTION 7. That the City Clerk is hereby ordered and directed to file a certified 25 copy of the diagram and assessment with the County Auditor. Said filing is to be made 26 no later than the third Monday in August, or as required by the County. 27 28 Exhibit 2 1 ENTRY UPON THE ASSESSMENT ROLL 2 SECTION 8. That after the filing of the diagram and assessment, the County 3 Auditor shall enter on the County Assessment Roll, opposite each lot or parcel of land, 4 the amount assessed thereupon. COLLECTION AND PAYMENT 6 SECTION 9. The assessments shall be collected at the same time in the same 7 manner as County taxes are collected, and all laws providing for the collection and8 „ enforcement of County taxes shall apply to the collection and enforcement of the assessments. 11 FISCAL YEAR 12 SECTION 10. That the assessments as above authorized and levied for these 13 proceedings will provide revenue and relate to the fiscal year commencing July 1, 2006 14 and ending June 30, 2007. 15 // 16 17 18 19 " 20 /> 21 // 22 // 23 // 24 25 // 26 27 28 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 2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of June , 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: LORtfAIN (SEAL) 27 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 06th, 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 06th Day of June, 2006 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of TIMLE/AND PLACE FOR A PUBLIC HEARING - WHEREA'S, the Assessment District is an existing as-sessment district in which assessments ar n ropositionexempt fromments un-and .. ....,u,,ud and approved byrt (the "Report"), asl is desirous of con- OW, THEREFORE, SECTION 1. That snts to be maintained shall'anated and authorized im-irtain new and additional .VED AS FOLLOWS: :itals are all true and . ... , ,u>L the public interest and conveniencerequires, and it is the intention of the City Council to levyand collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of thimprovements for the Assessment District, the iments generally described as follows: The maintenance of certain street lighting improvements,street trees, and median landscaping improvements, asforth and described in the Report. new improvements to be maintained i set forth and described in the ReHuu. The proposed new improvements to be maintained andserviced caused generally by new development are de-scribed as follows: The maintenance of certain additional strr"provements and additional landscaping iinfli i/i'tnn ff\nl*ff ~——-* -* -' edtobetheareabeniparticulars, reference merit District Is an existln§•,]£?.Assessment Ddistrict in which assesscreased as defined b >duled In the regular meeting place of the City, being the Council Chambers, City Hall, on thea date and tirruv D ADOPTED at a regular -votTlo1^:0"'1169*^ /s/CLAUDE A. LEWIS, Mayor M. WOOD, City Clerk (SEAL) 1 ANNUAL ENGINEER’S REPORT FISCAL YEAR 2006-07 CITY OF CARLSBADCITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 STREET LIGHTING AND LANDSCAPING STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2DISTRICT NO. 2 IMPROVEMENTS TO BE MAINTAINED •STREET LIGHTING •STREET TREES •MEDIAN LANDSCAPING LIGHTING AND LANDSCAPING LIGHTING AND LANDSCAPING DISTRICT NO. 2DISTRICT NO. 2 ZONES OF BENEFIT 1. Calavera Hills II 3. The Oaks South 4. Thompson/Tabata 5. Palomar Forum/ Carlsbad Raceway 6. Bressi Ranch 7. La Costa Greens 8. La Costa Ridge 2. Kelly Ranch HOA MAINTAINED IMPROVEMENTS ¾If the HOA fails to maintain the improvement, then the City is required to undertake the maintenance STREET LIGHTING AND LANDSCAPING STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2DISTRICT NO. 2 ¾If the HOA fails to reimburse the City for the cost, then the cost will be assessed to the property owners $21.59$33.56La Costa Ridge $41.56$348.44La Costa Greens $40.74$194.04Bressi Ranch $49.00$146.11 Palomar Forum/ Carlsbad Raceway $126.16$197.28Thompson/Tabata $6.62$374.18The Oaks South $99.44$106.84Kelly Ranch $103.37$176.22Calavera Hills II Actual AnnualAssessment Rate Maximum Annual Assessment RateDevelopment ANNUAL ASSESSMENT SUMMARY FOR THE AVERAGE SINGLE-FAMILY PARCEL STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 For additional information regarding the Street Lighting and Landscaping District please call:please call: Harris & AssociatesHarris & Associates (800) 827(800) 827--4901 Ext. 3374901 Ext. 337 STREET LIGHTING AND STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2LANDSCAPING DISTRICT NO. 2 2 Questions? STREET LIGHTING AND STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2LANDSCAPING DISTRICT NO. 2