Loading...
HomeMy WebLinkAbout2007-05-08; City Council; 18984; Street Lighting and Landscaping District No. 2CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,984 05/08/07 FIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2: INITIATING PROCEEDINGS YEAR 2007-08 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2007-1 oo initiating proceedings and ordering the preparation of an Engineer's Report for a Special Maintenance District. Adopt Resolution No. 2007-101 , approving the Preliminary Engineer's Report. Adopt Resolution No. 2007-102 setting a public hearing for July 10, 2007. ITEM EXPLANATION: The purpose of this agenda bill is to request Council's approval of three resolutions necessary to begin processing the City's Street Lighting and Landscaping District No. 2 for Fiscal Year 2007-08 in compliance with the procedures of the California Streets and Highways Code. BACKGROUND: 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 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 nine zones in District No. 2, including Calavera Hills II, Kelly Ranch, the Oaks South, Thompson/Tabata, Palomar Forum, Bressi Ranch, La Costa Greens, La Costa Ridge and the Oaks North Industrial 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. The Oaks North Residential development was recently annexed into District No. 2, however, this development will not be assessed until Fiscal Year 2008-09. Fiscal Year 2007-08 Assessment District Processing: In each of the nine 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 have a portion of their improvements maintained by their homeowners association (HOA). The calculated cost of maintaining any improvement that DEPARTMENT CONTACT: Kevin Branca 760-602-2430 kbran@ci.carlsbad.ca.us FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED & D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 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 2006 to January 2007 was 3.0%, and is reflected in the maximum assessment rates for 2007-08. 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 2007-08 in each zone, since some of these lights have either recently been energized or will not be energized until Fiscal Year 2007-08. 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 following table, the actual assessment rates for a single-family residential parcel per year range from a low of $6.42 per parcel to a high of $135.97 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. ASSESSMENT 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 Oaks North Industrial Maximum Annual Assessment Rate $181.51 $110.05 $385.41 $203.20 $150.49 $199.86 $358.89 $34.57 $48.17 Actual Annual Assessment Rate $109.63 $109.21 $6.42 $135.97 $91.92 $48.05 $116.96 $25.08 $27.73 •. - •. MVJ ?•>;*>• .Explanation of Difference Between Maximum and Actual Annual "' ::;.r ': :v' Assessment Rates'^' " :' " "• -V; All street trees maintained by HOA. Budgeted costs are less then 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 No lights have been energized at this time. PageS Staff will present a comprehensive report on the maintenance and operations procedures of the Assessment District, as introduced in the attached Preliminary Engineer's Report, at the public hearing scheduled for July 10, 2007. FISCAL IMPACT: The Fiscal Year 2007-08 Street Lighting and Landscaping District No. 2 total budget for the nine zones is projected to be $470,426. The assessment rates in each zone of District No. 2 have been set so that, both 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 (Fiscal Year 2007-08 is the third year of the four year period). EXHIBITS: 1. Resolution No. 2007-100 ordering the preparation of an Engineer's Report. 2. Engineer's Report. 3. Resolution No. 2007-101 approving the Engineer's Report. 4. Resolution No. 2007-102 setting a public hearing for July 10, 2007. Exhibit 1 1 RESOLUTION NO. 2007-100 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, INITIATING 3 PROCEEDINGS FOR THE ANNUAL LEVY OF 4 ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR A SPECIAL 5 ASSESSMENT DISTRICT 6 7 WHEREAS, the City Council of the City of Carlsbad, California previously formed 8 a special assessment district pursuant to the terms of the Landscaping and Lighting Act 9 of 1972, (Division 15, Part 2 of the State Streets and Highways Code, commencing with 10 Section 22500), the special assessment district is known and designated as Street 11 Lighting and Landscaping District No. 2 (hereinafter referred to as the "Assessment 12 District"); and 13 WHEREAS, the Assessment District is an existing assessment district in which 15 assessments are not proposed to be increased as defined by Article XIIID of the -16 California Constitution (Proposition 218) and the Proposition 218 Omnibus 17 Implementation Act, and is therefore exempt from the procedures and requirements 18 pursuant to California Constitution Article XIIID § 5 (a); and 19 WHEREAS, the City Council wishes to initiate proceedings to provide for the 20 annual levy of assessments for the next ensuing fiscal year to provide for the annual 21 costs for maintenance of improvements defined as existing street lighting, median 22 landscaping and street trees ("Improvements"), within the Assessment District. 23 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 24 RECITALS*lO 26 SECTION 1. That the above recitals are true and correct. 27 28 Exhibit 1 1 DECLARATION OF INTENTION 2 SECTION 2. That the public interest and convenience requires, and it is the 3 intention of this legislative body to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the Improvements for the 5 Assessment District, with the Improvements generally described as follows: 6 The maintenance of certain street lighting improvements, street trees, and 7 median landscaping improvements, as set forth and described in the Engineer's Report 8 (the "Report") attached as Exhibit 2 and incorporated herein by this reference. The9 10 proposed new improvements to be maintained and serviced caused generally by new 11 development within the Assessment District are described as follows: 12 The maintenance of certain additional street lighting improvements and 13 additional landscaping improvements, including replacement of street trees and median 14 landscaping improvements, all as set forth and described in the Report. 15 REPORT OF ENGINEER 16 SECTION 3. That the Improvements are hereby referred to Harris & Associates, 17 who is hereby directed to make and file the Report generally containing the following: 18 A. Plans and specifications describing the general nature, location and 19 2Q extent of the Improvements within the Assessment District; 21 B. A diagram for the Assessment District, showing the area and properties 22 proposed to be assessed; 23 C. An estimate of the cost of the maintenance and/or servicing of the 24 Improvements for the Assessment District for the Fiscal Year 2007-08; 25 D. An assessment of the estimated costs of the maintenance and/or 26 servicing, assessing the net amount upon all assessable lots and/or parcels within the 27 Assessment District in proportion to the benefits received. 28 Exhibit 1 1 That upon completion of the Report, the original shall be filed with the City Clerk, 2 who shall then submit the same to the City Council for its immediate review and 3 consideration which is hereby ordered to be kept on file and open for public inspection 4 in the Office of the City Clerk. 5 FISCAL YEAR 6 SECTION 4. That the Report shall include all costs and expenses of said 7 maintenance and/or servicing relating to the fiscal year commencing July 1, 2007 and8 ending June 30, 2008.y 10 " 11 // 12 // 13 // 14 „ 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of May, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard NOES: None ABSENT: None ayor ATTEST: LORAINE M. WOOD, City Clerk (SEAL) /o^":':'R7;--.o,'^«-UR5<*•?£i*.v-. -• Exhibit 2 CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 PRELIMINARY ANNUAL ENGINEER'S REPORT FISCAL YEAR 2007-08 Prepared by: Date: April 23. 2007 . Cox, Harris & Associates RCE 41965 Exp. 3/31/08 City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 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:\Cartsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc 9 City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 2 FISCAL YEAR 2007-08 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 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc 10 City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 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:\Carlsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc II City of Carlsbad April 23,2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 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. Zone 9 - Encompasses the Oaks North Business Park Development and funds the operation and maintenance of street lighting and street trees. 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:\Cartsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 5 PARTB ESTIMATE OF COST The estimated costs for the operation, maintenance and servicing of the Improvements, shown on the following page, are the estimated costs of maintenance if the Improvements were fully maintained for Fiscal Year 2007-08. 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. 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:\Carlsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc 13 City of Carlsbad Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 April 23, 2007 Page 6 FY 2007-08 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 Zone 5 (Palomar Forum/Carlsbad Raceway) 100W Light 7 each **** 200W Light 0 each * 200W Light 14 each Medians 77,211 sf Zone 6 (Bressi Ranch) ** 100W Light 0 each **** 200W Light 0 each * 200W Light 15 each ** Trees 0 each Medians 81,510 sf Zone 7 (La Costa Greens) " 100W Light 0 each " Collector 100W Light 0 each * 200W Light 21 each ** Local Trees 0 each ** Collector Trees 0 each Medians 156,104 sf Zone 8 (La Costa Ridge) " 100W Light 0 each * 200W Light 2 each Medians 8,579 sf Zone 9 (Oaks North Business Park) " 100W Light 0 each Trees 455 each O&M Unit Cost $133.61 $198.61 $63.09 $0.42 $133.61 $198.61 $0.42 $133.61 $198.61 $63.09 $0.42 $133.61 $198.61 $63.09 $0.42 $133.61 $198.61 $198.61 $0.42 $133.61 $198.61 $198.61 $63.09 $0.42 $133.61 $133.61 $198.61 $63.09 $63.09 $0.42 $133.61 $198.61 $0.42 $133.61 $63.09 Repl. Unit Cost $146.08 $146.08 $0.43 $146.08 $146.08 $0.43 $146.08 $146.08 $0.43 $146.08 $146.08 $0.43 $146.08 $146.08 $146.08 $0.43 $146.08 $146.08 $146.08 $0.43 $146.08 $146.08 $146.08 $0.43 $146.08 $146.08 $0.43 $146.08 Total O&M/Repl. Costs $13,985 $7,591 $0 $32,052 $15,103 $1,752 $32,643 $0 $2,044 $0 $0 $12,586 $2,336 $0 $18,929 $1,958 $0 $4,087 $65,893 $0 $0 $4,379 $0 $69,562 $0 $0 $6,131 $0 $0 $133,221 $0 $584 $7,321 $0 $28,704 Form- ation Costs $81 $44 $133 $185 $87 $10 $188 $217 $12 $612 $321 $72 $13 $91 $109 $11 $24 $24 $380 $214 $71 $25 $270 $527 $234 $63 $35 $516 $123 $767 $16 $3 $42 $64 $165 Other Admin. Costs $116 $63 $0 $265 $125 $15 $270 $0 $17 $0 $0 $104 $19 $0 $157 $16 $0 $34 $545 $0 $0 $36 $0 $576 $0 $0 $51 $0 $0 $1,103 $0 $5 $61 $0 $238 FY 07-08 Annual Costs $14,182 $7,698 $133 $32,502 $54,515 $15,315 $1,777 $33,101 $50,193 $217 $2,073 $612 $321 $3,223 $12,762 $2,368 $91 $19,195 $34,416 $1,985 $24 $4,145 $66,818 $72,972 $214 $71 $4,440 $270 $70,665 $75,660 $234 $63 $6,217 $516 $123 $135,091 $142,244 $16 $592 $7,424 $8,032 $64 $29,107 FY 07-08 Annual Cost / EDU $43.38 / EDU $12.61 /EDU $0.41 / EDU $53.23 / EDU $34.1 5 /EDU $3.76 / EDU $71 .30 / EDU $0.44 / EDU $4.12 /EDU $1.22 /EDU $0.64 / EDU $50.41 / EDU $9.36 /EDU $0.39 / EDU $75.81 / EDU $6.36 / EDU $0.05 / EDU $5.00 / EDU $80.56 / EDU $0.36 / EDU $0.08 / EDU $2.79 / EDU $0.53 / EDU $44.37 / EDU $0.28 / EDU $0.11 /EDU $5.10 /EDU $0.53 / EDU $0.21 / EDU $110.73 /EDU $0.05 / EDU $1.85 /EDU $23.18 / EDU $0.06 / EDU $27.67 / EDU $29,171 Subtotal Annual Costs: $460,861 $5,749 $3,816 I $470,426 | Administrative Costs District Formation (third of 4 installments) $5,750 Annual Administration $3,500 County Levy Fee $315 Replacement Reserve $155,244 Fund Balance as of July 1 of Current FY ($155,244) Subtotal Administrative Costs: $9,565 * These lights are on arterial roadways, therefore the Total O&M/Repl. costs have been multiplied by 84.7% (This is to account for the 15.3% 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:\Car1sbad\Annual AdmirAFY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad April 23,2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 7 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:\Carlsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 April 23, 2007 PageS 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 2007-08 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 3,936 92 5,463 $5.44 $7.29 $9.98 $7,806.40 $28,693.44 $918.16 $93,676.80 $344,321.28 $11,017.92 $449,016.00 $82.19 High wattage (22,000 lumen) lights for arterial streets: 200 250 400 Subtotal-2 1,206 722 7 1,935 $12.67 $16.24 $24.59 $15,280.02 $11,725.28 $172.13 $183,360.24 $140,703.36 $2,065.56 $326,129.16 $168.54 Total 7,398 $775,145.16 Annual Amount Difference between Subtotal-1 & Subtotal-2 $86.35 General Benefit = (Annual Amount Difference) x (No. of High Wattage Lights) $167,087.25 Total FY 2007-08 Est. Cost for all street lighting* $1,091,978 Estimated General Benefit Percentage 15.3% * Based on preliminary budget estimates Q:\Carlsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 9 Therefore, 15.3% of the Street Lighting Improvements on the City's arterial roadways are considered general benefit, and only 84.7% 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 nine 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:\Carlsbad\Annual AdminVFY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc II City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 10 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 "Y" also has a 1.00-acre of Non-Res use. 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 1.48-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 AdminVFY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 11 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 HO A 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 1.62 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 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 12 Zone 5 - Palomar Forum / Carlsbad Raceway Zone 5 includes two non-residential developments that are directly adjacent to each other, Palomar Forum and Carlsbad Raceway. 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 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 161.89 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 trees, medians, street lighting within and directly adjacent to the development. There is a 12.77 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 Q:\Carlsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 13 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. Zone 9 - Oaks North Business Park The Oaks North Business Park is located north of Palomar Airport Road, abutting the City of Vista on the north and east sides of the development. It is comprised of industrial and commercial land uses that receive special benefit from the street lighting and street trees within and directly adjacent to the development. Q:\Carlsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 14 There is 129.8 acres of non-residential ("Non-Res") use parcels with public local street lights and street trees within and directly adjacent to them. There is also 219.50 acres of open space. The development is not adjacent to any arterial roads, and therefore does not receive special benefit from arterial street lights or medians. Q:\Cartsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 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 AdmirAFY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 April 23, 2007 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 2007-08 budget rates and the calculated maximum assessment rates for FY 2007-08. The FY 2007-08 assessment rate will be the lesser of the budget rate and the maximum rate. Estimated FY 2007-08 Assessment Allocation and Rates Development DU Acres Zone 1 - Calavera Hills II Village E - SFA (NLL) 117 Village H - Non-Res (NLL) 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 1.48 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 E - Bressi Ranch Non-Res 161.89 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 2.6 309.7 517.2 829.5 971.3 18.6 498.0 80.0 1,567.9 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 8.9 0.7 6.0 8.5 473.2 494.0 9.7 503.7 234.0 19.2 253.2 2.6 309.7 517.2 829.5 971.3 18.6 498.0 80.0 25.0 1 ,592.9 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 2.6 309.7 517.2 829.5 971.3 18.6 498.0 80.0 25.0 1,592.9 FY 07-08 Budget Rate ($/EDU) $65.84 $65.84 $109.63 $109.63 $65.84 $109.22 $65.84 $109.63 $65.84 $65.84 $109.21 $109.21 $109.21 $75.06 $3.76 $109.21 $109.21 $109.21 $6.42 $6.42 $135.97 $135.58 $91 .92 $91.92 $85.61 $47.24 $48.05 $48.05 $47.52 $47.16 FY 07-08 Asmt Rate* (VEDU) $62.80 $62.80 $109.63 $109.63 $62.80 $109.22 $62.80 $109.63 $62.80 $62.80 $109.21 $109.21 $109.21 $67.49 $3.76 $109.21 $109.21 $109.21 $6.42 $6.42 $135.97 $114.44 $91.92 $91.92 $85.61 $47.24 $48.05 $48.05 $47.52 $47.16 FY 06-07 Max. Rates ($/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 CPI Adj. 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% FY 07-08 Max. Rates (S/EDU) $62.80 $62.80 $181.51 $181.51 $62.80 $181.51 $62.80 $181.51 $62.80 $62.80 $110.05 $110.05 $110.05 $67.49 $4.90 $110.05 $110.05 $110.05 $385.41 $385.41 $203.20 $114.44 $150.49 $150.49 $90.42 $66.70 $199.86 $199.86 $130.74 $51.66 NC = No Collector Lights/Trees NLL = No Local Lights NLT = No Local Trees DU = Dwelling Unit * The FY 2007-08 Assessment Rate will be the lesser of the Budget Rate and the Maximum Rate NAP = Not a Part Q:\Cartsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 April 23, 2007 Page 17 Estimated FY 2007-08 Assessment Allocation and Rates (cont'd) Development DU Acres Zone 7 - The Greens Non-Res-NLL 15.29 Non-Res 12.77 Park 5.88 Park-NC 1 .72 Park-NLT 32.11 SFA 86 SFA-NLL 44 SFD 484 SFD-NC 107 SF Estates 64 APT (NAP) 180 Non-Res (NAP) 0.65 Park-NLL (NAP) 80.81 Zone 8 - The Ridge SFA 58 SFD 262 Non-Res (NAP) 2.0 Zone 9 - Oaks North Business Park Non-Res 175.3 Local Light EDU 76.6 8.8 2.6 68.8 484.0 107.0 108.0 3.9 859.7 46.4 262.0 12.0 320.4 1,051.9 1,051.9 Collector Local Light EDU 8.8 48.2 484.0 64.0 605.0 Arterial Light EDU 91.7 76.6 8.8 2.6 48.2 68.8 35.2 484.0 107.0 64.0 108.0 3.9 121.2 1220.0 46.4 262.0 12.0 320.4 Tree EDU 91.7 76.6 8.8 2.6 68.8 35.2 484.0 107.0 108.0 3.9 986.7 1,051.9 1,051.9 Collector Tree EDU 8.8 48.2 484.0 64.0 605.0 Median EDU 91.7 76.6 8.8 2.6 48.2 68.8 35.2 484.0 107.0 64.0 108.0 3.9 121.2 1220.0 46.4 262.0 12.0 320.4 FY 07-08 Budget Rate ($/EDU) $116.36 $116.64 $116.96 $116.64 $116.15 $116.64 $116.36 $116.96 $116.64 $116.15 $116.64 $116.64 $115.83 $25.08 $25.08 $25.08 $27.73 FY 07-08 Asmt Rate* ($/EDU) $116.36 $116.64 $116.96 $116.64 $116.15 $116.64 $116.36 $116.96 $116.64 $116.15 $116.64 $116.64 $111.25 $25.08 $25.08 $25.08 $27.73 FY 06-07 Max. Rates ($/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 $46.77 CPI Adj. 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% FY 07-08 Max. Rates ($/EDU) $235.38 $291.08 $358.89 $291.08 $179.08 $291.08 $235.38 $358.89 $291.08 $179.08 $291.08 $291.08 $111.25 $34.57 $34.57 $34.57 $48.17 NC = No Collector Lights/Trees NLL = No Local Lights NLT = No Local Trees DU = Dwelling Unit * The FY 2007-08 Assessment Rate will be the lesser of the Budget Rate and the Maximum Rate NAP = Not a Part The maximum annual maintenance assessment will be increased for cost of living each year according to the change in Consumer Price Index (CPI) for the San Diego County area. (Any other increases or changes to the methodology of the Assessment must be submitted for property owner approval.) Q:\Carlsbad\Annual Admin\FY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc City of Carlsbad April 23, 2007 Street Lighting and Landscaping District No. 2 Preliminary Annual Engineer's Report - FY 2007-08 Page 18 PART D ASSESSMENT ROLL The Assessment Roll is a listing of the proposed maximum assessment for Fiscal Year 2007-08 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:\Carlsbad\Annual AdminVFY 07-08\LLMD2\report\LLD2 07-08 Prelim Rpt.doc ."><~ n Lighting ~nd,bandscape Distri'ct 2c" for FiscafV:ear 2007-08 ,~, Zone ETheOaksNorth Industrial ~ ><Ii) cO _Igu;i50)c:E '0):::; Q)c.'"<.>CI)."c:'"--'U)c.'"~ Development Name Zone 1 -Calavera Hills Zone 2 -Kelly Ranch Zone 3 -The Oaks South Zone 4 -Thompson/Tabata Zone 5 -Palomar Forum/Raceway Zone 6 -Bressi Ranch Zone 7 -The Greens Zone 8 -The Ridge Zone 9 -The Oaks North Industrial "E'"."c:2(j) U)U:J."e.9-CI) '0,..c9-'-; (;)0 Miles Map."atod by'"CityofCa.'sbadGIS. Exhibit 3 RESOLUTION NO. 2007-1011 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 3 PRELIMINARY ENGINEER'S REPORT FOR THE PROCEEDINGS FOR THE ANNUAL LEVY OF 4 ASSESSMENTS WITHIN A SPECIAL ASSESSMENT _ DISTRICTo 6 7 WHEREAS, the City Council of the City of Carlsbad, California, pursuant to the 8 terms of the Landscaping and Lighting Act of 1972, (Division 15, Part 2 of the State 9 Streets and Highways Code, commencing with Section 22500), did by previous resolution initiate proceedings and ordered the preparation of an Engineer's Report (the "Report") for the annual levy of assessments within a special assessment district, said 12 special assessment district known and designated as Street Lighting and Landscaping 13 District No. 2 (hereinafter referred to as the "Assessment District"); and 14 WHEREAS, there has now been presented to this City Council the Report as I O 16 required by said Division 15 of the Streets and Highways Code and as previously 17 directed by resolution; and 18 WHEREAS, this City Council has now carefully examined and reviewed the 19 Report as presented, and is satisfied with each and all of the items and documents as on set forth therein, and is satisfied that the assessments, on a preliminary basis, have 21 been distributed in accordance with the benefits received from the improvements to be 22 maintained, as set forth in the Report. 23 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 24 SECTION 1. That the above recitals are all true and correct.25 26 SECTION 2. That the Report as presented consists of the following: 27 A. Plans and specifications describing the general nature, location and 28 extent of the improvements to be maintained. Exhibit 3 1 B. Estimate of cost, including the amount of the annual installment for the 2 forthcoming fiscal year. 3 C. Diagram of the Assessment District. 4 D. Assessment of the estimated cost. 5 The Report, as presented, is hereby approved on a preliminary basis, and is 6 ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection,o 9 SECTION 3. That the City Clerk shall certify to the passage and adoption of this 10 Resolution, and the minutes of this meeting shall so reflect the presentation of the 11 Report. 12 // 13 „ 14 // 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of May, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard NOES: None ABSENT: None ATTEST: >^w LORRAINE M. WOOD, City Clerk (SEAL) 1 Exhibit 4 RESOLUTION NO. 2007-102 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS 3 INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A 4 SPECIAL ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 6 7 WHEREAS, the City Council of the City of Carlsbad, California, has previously 8 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 12 designated as Street Lighting and Landscaping District No. 2 (hereinafter referred to as 13 the "Assessment District"); and 14 WHEREAS, the Assessment District is an existing assessment district in which assessments are not proposed to be increased as defined by Article XIIID of the 16 California Constitution (Proposition 218) and the Proposition 218 Omnibus 17 Implementation Act, and is exempt from the procedures and requirements of all 18 assessments under California Constitution Article XIIID § 5 (a); and19 WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal 21 year to provide for the costs and expenses necessary to pay for the maintenance of the 22 improvements within the Assessment District; and 23 WHEREAS, there has been presented and approved by this City Council the 24 Engineer's Report (the "Report"), as required by law, and this City Council is desirous of 25 continuing with the proceedings for said annual levy; and PR WHEREAS, the improvements to be maintained shall consist of all originally 27 designated and authorized improvements, as well as certain new and additional 28 improvements. Exhibit 4 1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 2 RECITALS 3 SECTION 1. That the above recitals are all true and correct. 4 SECTION 2. That the public interest and convenience requires, and it is the O intention of the City Council to levy and collect assessments to pay the annual costs 7 and expenses for the maintenance and/or servicing of the improvements for the 8 Assessment District, the improvements generally described as follows: 9 The maintenance of certain street lighting improvements, street trees, and 10 median landscaping improvements, as set forth and described in the Report. 2 The proposed new improvements to be maintained and serviced caused 13 generally by new development are described as follows: 14 The maintenance of certain additional street lighting improvements and 15 additional landscaping improvements, including replacement of street trees and median 1 o landscaping improvements, all as set forth and described in the Report, which is hereby 17 ordered to be kept on file and open for public inspection in the Office of the City Clerk. 18 19 BOUNDARIES OF ASSESSMENT DISTRICT 20 SECTION 3. That said improvements are of direct benefit to the properties within 21 the boundaries of the Assessment District, which Assessment District the legislative 22 body previously declared to be the area benefited by the improvement, and for 23 particulars, reference is made to the boundary map as previously approved by the City 24 Council, a copy of which is on file in the office of the City Clerk and open for public25 26 inspection, and is designated by the name of this Assessment District. 27 28 Exhibit 4 1 REPORT OF ENGINEER 2 SECTION 4. 3 A. That the Report, as preliminarily approved by this legislative body, is on 5 file with the City Clerk and open for public inspection. Reference is made to the Report 6 for a full and detailed description of the improvements to be maintained, the boundaries 7 of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 9 B. The Assessment District is an existing assessment district in which 10 assessments are not proposed to be increased as defined by Article XIIID of the California Constitution (Proposition 218) and the Proposition 218 Omnibus 13 Implementation Act. 14 PUBLIC HEARING 15 SECTIONS. Notice is hereby given that a public hearing is scheduled in the 1 R regular meeting place of the City Council, being the Council Chambers, City Hall, on the 17 following date and time: 18 Tuesday, July 10, 2007, at 6:00 p.m.i y 20 At that time this legislative body will hear protests or objections in reference to 21 the annual levy of assessments and to any other matters contained in this resolution. 22 Any persons who wish to object to the proceedings or the annual levy should file a 23 written protest with the City Clerk prior to the time set for the public hearing. If there is a 24 majority protest against the levy of an annual assessment that is increased from the 25 previous year, the proposed increase in the assessments shall be abandoned. A 26 majority protest exists if, upon the conclusion of the hearing, written protests filed and 23 not withdrawn, represent property owners owning more than 50% of the assessable area of land within the District. 33 Exhibit 4 1 NOTICE 2 SECTION 6. That the City Clerk is hereby authorized and directed to give notice 3 as required by law by causing a copy of this Resolution to be published in a newspaper 4 of general circulation within the City of Carlsbad, said publication to be completed not less than ten (10) days prior to the date set for the public hearing. 7 PROCEEDINGS INQUIRIES/PROTESTS 8 SECTION 7. For any and all information relating to these proceedings, including 9 information relating to protest procedure, your attention is directed to the person designated below: 11 JOAN E. COX 12 ASSESSMENT ENGINEER HARRIS & ASSOCIATES 13 TELEPHONE: (800) 827-4901 EXT. 337 14 Owners of property within the Assessment District may mail written protests to the 15 following address: 16 CITY CLERK CITY OF CARLSBAD 17 1200 CARLSBAD VILLAGE DRIVE 18 CARLSBAD, CA 92008 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of May, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard NOES: None ABSENT: None ATTEST: LORFiAINE M. WOOD, City Clerk ' (SEAL) 's^ -VKSSiK- -<*^'XTX