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HomeMy WebLinkAbout2009-07-07; City Council; 19883; Street lighting and landscaping district no 2CITY OF CARLSBAD - AGENDA BILL AB# 19,883 MTG. 07/07/09 DEPT. FIN OTDCCV 1 I^LJTIKI/* AHirt 1 A MI"\CA* A Dlklf*STREET LIGHTING AND LANDSCAPING DISTRICT NO 2 PUBLIC HEARING DEPT. HEAD *JZ> - CITYATTY. /&£* CITY MGR. Y; / RECOMMENDED ACTION: That a public hearing be held to consider a staff report, receive public comment, and approve Resolution No. 2009-172 , 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 eleven 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, La Costa Ridge, the Oaks North Industrial Park, Robertson Ranch (East Village), and the Oaks North Residential developments. Staff is working with other developers currently building communities in the City. These properties will be annexed into District No. 2 in the near future. At its meeting of May 19, 2009, 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 tonight's public hearing (July 07, 2009). The attached Engineer's Report outlines the maintenance to be performed during the upcoming fiscal year, the associated maintenance costs, 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 benefits received from an improvement that does not provide a special benefit to the assessed properties is considered a general benefit provided by the improvements. The cost of the general benefit can not be assessed to the properties in the Assessment District. Therefore, the general benefit 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. DEPARTMENT CONTACT: Aaron Beanan 760-602-2430 aaron.beanan@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED 4 D Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 FISCAL YEAR 2009-10 ASSESSMENT DISTRICT PROCESSING: In each of the eleven 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, eight zones have a portion of their improvements maintained by their homeowners association (HOA). The calculated cost of maintaining any improvement that will be borne by a 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 San Diego County CPI from January 2008 to January 2009 was 3.2%, and is reflected in the maximum assessment rates for 2009-10. 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 so 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 2009-10 in each zone, since some of these lights have either recently been energized or will not be energized until Fiscal Year 2009-10. 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 below, the actual assessment rates for a single-family residential parcel per year range from a low of $4.07 per parcel to a high of $147.39 per parcel. These assessments vary between developments depending on the density of each development, the amount and types of improvements being maintained in each development, and the amount maintained by the HOA's. ASSESSMENT SUMMARY FOR THE AVERAGE ANNUAL SINGLE-FAMILY PARCEL Development Calavera Hills II Kelly Ranch The Oaks South Thompson/ Tabata Maximum Annual Assessment Rate $191.62 $116.18 $406.89 $214.52 Actual 1 ,' "Vjj^tfe^l^dSte 1 JkCiiURate (08-09) $107.72 $105.93 $4.19 $133.88 Actual Annual Assessment Rate (09-10) $103.59 $101.38 $4.07 $128.00 Explanation of Difference Between Actual Annual Assessment Rates Between Fiscal ,;' '/-" Yearn, ' ' ;;; \;-'t Reflects a small decrease in per improvement maintenance costs* Reflects a small decrease in per improvement maintenance costs* Reflects a small decrease in per improvement maintenance costs* Reflects a small decrease in per improvement maintenance costs* 2 Page3 ASSESSMENT SUMMARY FOR THE AVERAGE ANNUAL SINGLE-FAMILY PARCEL (CONTINUED) Development Palomar Forum/Carlsbad Raceway Bressi Ranch La Costa Greens La Costa Ridge Oaks North Industrial Robertson Ranch (East Village) Oaks North Residential Maximum Annual Assessment Rate . $158.88 $211.00 $378.89 $36.50 $50.86 $231.70 $323.35 Actual Annual Assessment RalellW) $86.72 $45.17 $42.18 $22.95 $25.77 $0 $8.32 Actual Annual Assessment Hate 10940) $82.36 $42.71 $40.04 $21.76 $38.46 $147.39 $7.54 Explanation of Difference Between Actual , • Annual Assessment Rates Between Fiscaly^>v^v-^«^'-'--- Reflects a small decrease in per improvement maintenance costs* Reflects a small decrease in per improvement maintenance costs* Reflects a small decrease in per improvement maintenance costs* Reflects a small decrease in per improvement maintenance costs* Reflects additional street lights being maintained in the 2009-10 Fiscal Year New zone annexed during the 2008-09 Fiscal Year Reflects a small decrease in per improvement maintenance costs* 'Primarily due to the FY 2008-09 mid-year Expenditure Savings Plan reductions. FISCAL IMPACT: The Fiscal Year 2009-10 Street Lighting and Landscaping District No. 2 total budget for the eleven zones is projected to be $458,182. Interest earned on cash reserves in the District No. 2 Fund will contribute $21,168 to the fund. 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. Of the total projected FY 2009-10 assessments, $222,038 will be spent on maintenance operations and $236,144 will be set aside for future replacement of improvements. ENVIRONMENTAL IMPACT: The project is categorically exempt under CEQA, pursuant to Section 15301 (c). EXHIBITS: 1. Approved Engineer's Report. 2. Resolution No. 2009-172 _, confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 2 Exhibit 1 CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 FINAL ANNUAL ENGINEER'S REPORT FISCAL YEAR 2009-10 Prepared by: Joan E. Cox, PE Harris & Associates RCE 41965 Exp. 3/31/10 June 15. 2009 Date City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report -FY 2009-10 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 20 Part E - Assessment Diagram 20 Q:\Cartsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc 5 City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report -FY 2009-10 Page 2 FISCAL YEAR 2009-10 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:\Carlsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 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 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, fxtures, 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 and the maintenance 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 09-10\LLMD2\Report\LLD2 09-10 Final Rpt6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 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, including Village 2.6, and funds the operation and maintenance of street lighting, street trees, and medians. Zone 9 - Encompasses the Oaks North Business Park Development and funds the operation and maintenance of street lighting and street trees. Zone 10 - Encompasses the east village of the Robertson Ranch Development and funds the operation and maintenance of street lighting, street trees, and medians. Zone 11 - Encompasses the Oaks North Residential Development and funds the operation and maintenance of street lighting, street trees, 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:\Cartsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt6-15-09.doc City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 June 15, 2009 PageS 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 2009-10. 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. FY 2009-10 Budget Assessed Quantity O&M Unit Cost Repl. Unit Cost Total O&M/Repl. Costs Admin. Costs FY 09-10 Annual Costs Zone 1 (Calavera Hills II) 100W Light * 200W Liaht ** Trees *** Medians Zone 2 (Kelly Ranch Core) 100W Light * 200W Light Medians Zone 3 (The Oaks South) ** 100W Liaht * 200W Light ** Trees ** Medians Zone 4 (Thompson/Tabata) 100W Light * 200W Light ** Trees Medians 50 each 26 each 0 each 37,558 sf 54 each 6 each 38,250 sf 0 each 7 each 0 each Osf 45 each 8 each 0 each 22,180sf $136.13 $187.13 $61.00 $0.31 $136.13 $187.13 $0.31 $136.13 $187.13 $61.00 $0.31 $136.13 $187.13 $61.00 $0.31 $149.73 $149.73 $0.44 $149.73 $149.73 $0.44 $149.73 $149.73 $0.44 $149.73 $149.73 $0.44 $14,293 $7.506 $0 $28.248 $15,436 $1,732 $28,769 $0 $2,021 SO $0 $12,864 $2,310 $0 $16,682 $189 $99 $0 $373 $204 $23 $380 $0 $27 $0 $0 $170 $31 $0 $220 $14,482 $7.605 $0 $28.621 $50,708 $15,640 $1,755 $29,149 $46,544 $0 $2,048 SO $0 $2,048 $13,034 $2,341 $0 $16,902 FY 09-10 Annual Cost/EDU $44.29 / EDU $12.45 /EDU $0.00 /EDU $46.85 / EDU $34.88 / EDU $3.71 /EDU $62.79 /EDU $0.00 /EDU $4. 07 /EDU $0.00 /EDU $0.00 /EDU $51 .69 /EDU $9.29 /EDU $0.00 / EDU $67.02 / EDU $32,277 * These lights are on arterial roadways, therefore the Total O&M/Repl. costs have been multiplied by 85.7% (This is to account for the 14.3% 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 **** 100W or 200W lights are local to Non-Res properties in Zones 5 and 6 and costs are spread to those parcels only Q:\Carlsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 June 15, 2009 Page6 FY 2009-10 Budget (cont'd) Assessed Quantity O&M Unit Cost Repl. Unit Cost Total O&M/Repl. Costs Admin. Costs FY 09-10 Annual Costs Zone 5 (Palomar Forum/Carlsbad Raceway) 100W Light 7 each **** 200W Liqht 12 each *200W Light 14 each Medians 77,211 sf Zone 6 (Bressi Ranch) **100W Liqht 0 each ****100W Light 25 each **** 200W Liaht 24 each *200W Light 15 each ** Trees 0 each Medians 81,510sf Zone 7 (La Costa Greens) **100W Liqht 0 each ** Collector 1 0OW Liq ht 0 ea ch *200W Liqht 21 each "Local Trees 0 each ** Collector Trees 0 each Medians 55,91 7 sf Zone 8 (La Costa Ridge) Collector 100W Light 0 each * 200W Light 2 each Collector Trees 0 each Medians 8,579 sf Zone 9 (Oaks North Business Park) 100W Liqht 40 each Trees 455 each Zone 10 (Robertson Ranch) 100W Liqht 66 each * 200W Light 23 each ** Trees 0 each Medians 66,500 sf Zone 11 (The Oaks North Residential) ** 100W Light 0 each "Collector 100W Liqht 0 each *200W Light 12 each ** Trees 0 each ** Collector Trees 0 each ** Medians 0 sf ** Collector Medians 0 sf $136.13 $187.13 $187.13 $0.31 $136.13 $136.13 $187.13 $187.13 $61.00 $0.31 $136.13 $136.13 $187.13 $61.00 $61.00 $0.31 $136.13 $187.13 $61.00 $0.31 $136.13 $61.00 $136.13 $187.13 $61.00 $0.31 $136.13 $136.13 $187.13 $61.00 $61.00 $0.31 $0.31 $149.73 $149.73 $149.73 $0.44 $149.73 $149.73 $149.73 $149.73 $0.44 $149.73 $149.73 $149.73 $0.44 $149.73 $149.73 $0.44 $149.73 $149.73 $149.73 $0.44 $149.73 $149.73 $149.73 $0.44 $0.44 $2,001 $4,042 $4,042 $58,072 $0 $7,147 $8.085 $4,330 $0 $61,306 $0 $0 $6,062 $0 $0 $42,057 $0 $577 - $0 $6,452 $11,434 $27.753 $18,867 $6,640 $0 $50,016 $0 $0 $3,464 $0 $0 $0 $0 $26 $53 $53 $767 $0 • $94 $107 $57 $0 $810 $0 $0 $80 $0 $0 $556 $0 $8 $0 $85 $151 $367 $249 $88 $0 $661 $0 $0 $46 $0 $0 $0 $0 $2,027 $4,095 $4,095 $58,839 $69,056 $0 $7,241 $8.192 $4,387 $0 $62,116 $81,936 $0 $0 $6,142 $0 $0 $42,613 $48,755 $0 $585 $0 $6,537 $7,122 $11,585 $28.120 $39,705 $19,116 $6,728 $0 $50,677 $76,521 $0 $0 $3,510 $0 $0 $0 $0 FY 09-10 Annual Cost/EDU $6.49 /EDU $7.92/EDU $4.94 / EDU $70.93 / EDU $0:00 /EDU $7. 74 /EDU $8.76 /EDU $2. 82 /EDU $0.00 / EDU $39.89 /EDU $0.00 /EDU $0.00 /EDU $5. 05 /EDU $0.00 /EDU $0.00 / EDU $34.99 / EDU $0.00 /EDU $1.79 /EDU $0.00 /EDU $19.97 /EDU $11. 22 /EDU $27.24 /EDU $38.60 / EDU $12.75 /EDU $0.00 /EDU $96. 04 /EDU $0.00 /EDU $0.00 /EDU $7.54 / EDU $0.00 /EDU $0.00 /EDU $0.00 / EDU $0.00 /EDU $3,510 Subtotal Annual Costs: $452,208 $5.974 I $458.182 I * These lights are on arterial roadways, therefore the Total O&M/Repl. costs have been multiplied by 85.7% (This is to account for the 14.3% 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 •** 100W or 200W lights are local to Non-Res properties in Zones 5 and 6 and costs are spread to those parcels only Q:\Carlsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 7 FY 2009-10 Budget (cont'd) Administrative Costs Annual Administration $5,500 County Levy Fee $476 Replacement Reserve $190,109 Fund Balance as of July 1 of Current FY ($190.109) Subtotal Administrative Costs: $5,976 FY 09-10 Annual Assessment: $458,184 Q:\Carlsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 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 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 June 15, 2009 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 tie 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 2009-10 COST ESTIMATE COMPARISON OF ELECTRICAL COSTS FOR THE VARIOUS STREET LIGHTS WITHIN THE CITY Lamp Size (Watts) Number Lights Monthly I Monthly Rate | Amount Annual I Avg Annual Amount I Cost per Light Low wattage (9,500 lumen) lights for local/collector streets: 70 100 150 Subtotal-1 1.435 3,430 94 4,959 $4.12 $5.72 $7.85 $5,912.20 $19,619.60 $737.90 $70,946.40 $235,435.20 $8,854.80 $315,236.40 $63.57 High wattage (22,000 lumen) lights for arterial streets: 200 250 400 Subtotal-2 1,260 874 7 2,141 $9.99 $12.72 $19.34 $12,587.40 $11.117.28 $135.38 $151,048.80 $133,407.36 $1,624.56 $286,080.72 $133.62 Total 7,100 $601,317.12 Annual Amount Difference between Subtotal-1 & Subtotal-2 $70.05 General Benefit = (Annual Amount Difference) x (No. of High Wattage Lights) $149,980.47 Total FY 2009-10 Est. Cost for all street lighting* $1,049,943 Estimated General Benefit Percentage 14.3% * Based on preliminary budget estimates Q:\Carlsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 10 Therefore, 14.3% of the Street Lighting Improvements on the City's arterial roadways are considered general benefit, and only 85.7% of these Street Lighting Improvements will be used to estimate the special benefit costs. Streetlights on or associated with traffic signals located at arteriako-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. m 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 tie 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 ten 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 adjacent to the development. It is anticipated that the Home Owners Association ("HOA") will maintain the street Q:\Carlsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 11 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. 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 Q:\Carlsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 12 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 the 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 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% is apportioned to The Oaks North. 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:\Cartsbad\Annual AdmirAFY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 13 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 have 100 watt and 200 watt local lighting adjacent to them. All of the development receives 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 9.69 acres of Non-Res and 44 SFA units that have local street trees, but do not have local street lights, in Q:\Cartsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc n City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 14 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. 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. The entire development receives special benefit from the arterial street lighting on El Camino Real, Alga Road, and Poinsettia Lane. 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 263 SFD units on private streets, with no public local street lights or street trees directly adjacent to them. In Village 2.6, there are 53 SFD units and a 0.18 acre park on private streets, with no public local street lights or street trees within this area. There are 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 collector street lighting directly adjacent to the development on El Fuerte Street along the westerly side of the development and the public portion of Corintia Street on the easterly side of the development. Village 2.6 is the only portion of the Ridge development that benefits from the street trees on the public portion of Corintia Street on the westerly side of Village 2.6. It is anticipated that the HOA will maintain the local streetlights and the street trees within the residential areas. The City and the owners of the land within the Ridge have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 8 for the maintenance of the local street lights and street trees 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) Q:\Carlsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpl 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 15 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 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. 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. Zone 10 - Robertson Ranch (East Village) The Robertson Ranch East Village development is located on the north east corner of Cannon Road and College Boulevard. It is comprised of varying types of land uses that receive special benefit from the street trees, street lighting, and medians within and directly adjacent to the development. The development consists of APT units, SFA units, SFD units, and a 1.7 acre Park that all have local trees and local street lights in the public streets directly adjacent to them. There is a 13.5 acre Park that is part of the Robertson Ranch West Village, but directly adjacent to the East Village and takes access off of Cannon Road and Wind Trail Way. There is a 3.2 acre unplanned area and a 2.9 Water Quality Facility that do not have public local street lights or street trees. It is anticipated that the HOA will maintain the local street trees. The City and the owners of the land within Robertson Ranch have an Agreement to provide for the maintenance of such improvement by the HOA; therefore, annual assessments will be levied within Zone 10 for the maintenance of the local street trees only if (a) the HOA fails to maintain such any such street trees 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. The entire development receives special benefit from the arterial street lighting and medians on College Blvd and Cannon Rd. Zone 11 - Oaks North Residential The Oaks North Residential Development is located south west of the intersection at Rancho Santa Fe Rd and Questhaven Road, abutting the open space area that separates the Oaks North development from the Oaks South development. It is comprised of residential and non-residential land Q:\Cartsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad . June 15,2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 16 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 local streetlights and the street trees, and the medians within the residential areas. The City and the owners of the land within the Oaks North have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 11 for the maintenance of the local street lights and street trees 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. There are 283 SFD units and a 2.26 acre park on public streets, with local street lights and street trees within and directly adjacent to them. There are a total of 168 APT units, a 7.76 acre RV Parking lot, and 43 SFD units on private streets, with no public local street lights or street trees. All of the development receives special benefit from the collector street lighting, street trees, and medians on San Elijo Road and Avenida Soledad 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 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 south of The Oaks North is apportioned to The Oaks North, and 50% is apportioned to The Oaks South. 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 Q:\CartsbacMnnual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 17 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. 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 2009-10 budget rates and the calculated maximum assessment rates for FY 2009-10. The FY 2009-10 assessment rate will be the lesser of the budget rate and the maximum rate. Q:\Cartsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc 2\ City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 June 15, 2009 Page 18 Estimated FY 2009-10 Assessment Allocation and Rates Development DU Acres Zone 1-Calavera Hills II Villaae E - SFA (NIL) 117 Villaae H - Non-Res (NLL) 2.00 Village K . SFD R4 Village L-2-SFD 14 Villaae U - SFA (NLL) 1 35 Village W - RFn 114 Villaae X - Non-Res (NLU utility 0.08 Villaae X-SFD 115 Villaae Y - APT (NLL) 106 Villaae Y - Non-Res (NLL) 1 .05 Zone 2 - Kelly Ranch Core SFD 147 APT 451 Non-Res 2.61 Non-Res (NLL) 2.63 Non-Res (NLL) utilitv 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 - Thorn pson/Tabata SFD 233 SFA 24 Zone 5 - Palomar Forum/Carlsbad Racewav Park 1.71 Non-Res-100W 51.63 Non-Res-200W 86.2 Zone 6 - Bressi Ranch Non-Res 155.97 Park 12.38 SFD 498 SFA 100 SF Estates 25 Zone 7 - The Greens Non-Res-NLL 14.96 Non-Res 12.77 Park 5.88 Park-NC 1.72 Park-NLT 32.1 1 SFA 86 SFA-NLL 44 SFD 484 SFD-NC 107 SF Estates 64 APT (NAP) 180 Non-Res (NAP) 0.65 Park-NLt (NAP) 8081 Zone 8 - The Ridae PARK 0.18 SFD 53 SFD-NCT 262 Non-Res (NAP^ ? n Zone 9 • Oaks North Business Park Non-Res 172 1 Local Light EDU 840 14.0 ii4n 115.0 327.0 147.0 270.6 15.7 0.7 6.0 8.5 448.5 494.0 9.7 503.7 233.0 19.2 252.2 2.6 309.8 517.2 829.5 935.8 18.6 498.0 80.0 1532.4 76.6 8.8 2.6 68.8 484.0 107.0 108.0 3.9 859.7 1 0323 10323 Collector Local Light EDU 8.8 48.2 484.0 64.0 605.0 0.3 53.0 262.0 i?n 327.3 Arterial Light EDU 93.6 12.0 Ran 14.0 108.0 1140 0.5 115.0 63.6 6.3 611.0 147.0 270.6 15.7 15.8 8.9 0.7 6.0 8.5 473.2 494.0 9.7 503.7 233.0 19.2 252.2 2.6 309.8 517.2 829.5 935.8 18.6 4980 80.0 25.0 1557.4 89.8 76.6 88 2.6 48.2 68.8 35.2 484.0 107.0 64.0 108.0 3.9 121 2 1218.1 0.3 53.0 262.0 i?n 327.3 Tree EDU fun 14.0 114 n 115.0 327.0 494.0 9.7 503.7 233.0 233.0 18.6 498.0 516.6 89.8 76.6 8.8 2.6 68.8 35.2 484.0 107.0 108.0 3.9 984.7 1 0323 1 032 3 Collector Tree EDU 8.8 48.2 484.0 64.0 605.0 0.3 53.0 53.3 Median EDU 93.6 12.0 fun 14.0 108.0 1140 0.5 115.0 63.6 6.3 611.0 147.0 270.6 15.7 15.8 0.7 6.0 8.5 464.3 494.0 9.7 503.7 233.0 19.2 252.2 2.6 309.8 517.2 829.5 935.8 18.6 498.0 80.0 25.0 1557.4 89.8 76.6 8.8 2.6 48.2 68.8 35.2 484.0 107.0 64.0 108.0 3.9 1212 1218.1 0.3 53.0 262.0 i?n 327.3 Collector Median EDU FY 09-10 Budget Rate ($/EDU) $59.30 $59.30 SirrcM $103.59 $59.30 Sim so $59.30 $10359 $59.30 $59.30 $101.38 $101.38 $101.38 $66.50 $3.83 $101.38 $101.38 $101.38 $4.07 $4.07 $128.00 $12800 $82.36 $82.36 $83.79 $59.21 $42.71 $42.71 $42.71 $42.71 $40.04 £40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 S40D4 $21.76 $21.76 $21.76 S»1 7R $3R4fi FY 09-10 Asmt Rate* (S/EDU) $59.30 $59.30 sina sn $103.59 $59.30 sins™ $59.30 $103.59 $59.30 $59.30 $101.38 $101.38 $101.38 $66.50 $3.83 $101.38 $101.38 $101.38 $4.07 $4.07 $128.00 $12082 $82.36 $82.36 $83.79 $59.21 $42.71 $42.71 $42.71 $42.71 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $40.04 $4004 $21 .76 $21.76 $21 .76 S71 7fi $3846 FY 08-09 Maximum Rates (S/EDU) $64.24 $64.24 $185.68 $185.68 $64.24 $185.68 $64.24 $185.68 $64.24 $64.24 $112.58 $112.58 $112.58 $69.04 $5.01 $112.58 $112.58 $112.58 $394.27 $394.27 $207.87 $117.07 $153.95 $153.95 $92.50 $68.23 $204.46 $204.46 $133.75 $52.85 $240.79 $297.77 $367.14 $297.77 $183.20 $297.77 $240.79 $367.14 $297.77 $183.20 $297.77 $297.77 $113.81 $64.77 $64.77 $35.37 $35.37 $49.28 CPI Adi. 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% FY 09-10 Maximum Rates (S/EDU) $66.30 $66.30 $191.62 $191.62 $66.30 $191.62 $66.30 $191.62 $66.30 $66.30 $116.18 $116.18 $116.18 $71.25 $5.17 $116.18 $116.18 $116.18 $406.89 $406.89 $214.52 $120.82 $158.88 $158.88 $95.46 $70.41 $211.00 $211.00 $138.03 $54.54 $248.50 $307.30 $378.89 $307.30 $189.06 $307.30 $248.50 $378.89 $307.30 $189.06 $307.30 $307.30 $117.45 $66.84 $66.84 $36.50 $36.50 $50.86 NC = No Collector Lights/Trees NLL = No Local Lights NLT = No Local Trees DU = Dwelling Unit NAP = Not a Part • The FY 2009-10 Assessment Rate will be the lesser of the Budget Rate and the Maximum Rate Q:\Carlsbad\Annual Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc 22 City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 June 15, 2009 Page 19 Estimated FY 2009-10 Assessment Allocation and Rates (cont'd) Development DU Acres tone 10 - Robertson Ranch East Village APT 78 SFA 84 SFD 304 Park 16.12 SFD 16 Non-Res (Util) 2.9 Vacant 4.37 Non-Res (NAP) 67 Vacant (NAP) 5.70 Zone 11 -Oaks North Residential SFO 284 SFD (NIL) 43 APT 168 Park 2.26 Non-Res fNLLl 571 Local Light EDU 46.8 67.2 304.0 24.18 12.8 40.20 495.2 284.0 3.39 287.4 Collector Local Light EDU 284.0 43.0 100.8 3.39 34.26 465.5 Arterial Light EDU 46.8 67.2 304.0 24.18 12.8 17.40 656 40.20 8.55 527.7 284.0 43.0 100.8 3.39 3426 465.5 Local Tree EDU 468 67.2 304.0 24.18 12.8 4020 495.2 284.0 3.39 287.4 Collector Tree EDU 284.0 43.0 100.8 3.39 34.26 465.5 Median EDU 46.8 67.2 304.0 24.18 12.8 17.40 6.56 40.20 8.55 527.7 284.0 43.0 100.8 3.39 34.26 465.5 Collector Median EDU 284.0 43.0 100.8 3.39 34.26 465.5 FY 09-10 Budget Rate (J/EDU) $14739 $147.39 $14739 $147.39 $147.39 $108.79 $108.79 $147.39 $108.79 $7.54 $7.54 $7.54 $7.54 $7.54 FY 09-10 Asmt Rate* ($/EDU) $147.39 $147.39 $147.39 $147.39 $147.39 $108.79 $108.79 $147.39 $108.79 $7.54 $7.54 $7.54 $7.54 $7.54 FY 08-09 Maximum Rates (S/EDU) $224.52 $224.52 $224.52 $224.52 $224.52 $113.17 $113.17 $224.52 $113.17 $313.32 $169.62 $169.62 $313.32 $169.62 CPI Adj. 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% 3.2% FY 09-10 Maximum Rates ($/EDU) $231.70 $231.70 $231.70 $231.70 $231.70 $116.79 $116.79 $231.70 $116.79 $323.35 $175.05 $175.05 $323.35 $175.05 NC= No Collector Lights/Trees NLL = No Local Lights NLT = No Local Trees DU = Dwelling Unit NAP = Not a Part ' The FY 2009-10 Assessment Rate will be the lesser of the Budget Rate and the Maximum Rate 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 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc City of Carlsbad June 15, 2009 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2009-10 Page 20 PARTD ASSESSMENT ROLL The Assessment Roll is a listing of the proposed maximum assessment for Fiscal Year 2009-10 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 Admin\FY 09-10\LLMD2\Report\LLD2 09-10 Final Rpt 6-15-09.doc stoT3 2 Oz Lighting and Landscape District 2 for Fiscal Year 2009-10 PACIFIC OCEAN Zone 10 Robertson Ranch Zone 9 The Oaks North Industrial Kelly Ranch Zone 6 Bressi Ranch Zone 5 Palomar Forum\ Raceway Zone 4 Thompson/ Tabata Zone 7 The Greens Zone 8 The Ridge Residential 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 Zone 10 - Robertson Ranch Zone 11 - The Oaks North Residential Miles Map created by the City of Carlsbad CIS Exhibit 2 1 RESOLUTION NO. 2009-172 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING 3 THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR STREET LIGHTING AND 5 LANDSCAPING DISTRICT NO. 2 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 Streets9 10 Highways Code, commencing with Section 22500); the special assessment district is 11 known and designated as Street Lighting and Landscaping District No. 2 (hereinafter 12 referred to as the "Assessment District"); and 13 WHEREAS, the Assessment District is an existing assessment district in which 14 the maximum allowable assessment rates for each zone have been increased by the annual change in the San Diego County Consumer Price Index (CPI), as was approved 16 by the City Council following a property owner vote, and the proposed assessments to 17 be levied are less than the allowable maximum rates and; therefore, this Assessment 18 District is exempt from the procedures pursuant to California Article XIIID § 5 (a); andi y 2Q WHEREAS, at this time, a public hearing has been held relating to the levy of the 21 annual assessments, and the City Council is now satisfied with the assessment and 22 diagram and all other matters as contained in the Engineer's Report (the "Report") as 23 now submitted for final consideration and approval. 24 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 25 RECITALS 26 SECTION 1. That the above recitations are true and correct. 27 28 -2k 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 City Council does hereby order the maintenance work to be made and performed as sety 10 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 15 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 RECORDINGi y 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. 24 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 n Exhibit 2 1 ENTRY UPON THE ASSESSMENT ROLL 2 SECTION 8. That after the filing of the diagram and assessment, the County Auditor shall enter on the County Assessment Roll, opposite each lot or parcel of land, 4 the amount assessed thereupon. 5 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 10 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, 2009 14 and ending June 30, 2010. 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 7th day of July, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: LORRAfNE M. WOOp, fcity Clerk (SEALXJ (J 0 This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) 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 26th, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 26th, day of June, 2009/rnQ_(d ^ ~~~ Jane Affthouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of THEREON WHEREAS, the City Council of the City of Carlsbad, California, has previously formeda special assessment district pursuant to the terms of the Landscaping and LightingAct of 1972, (Division 15, Part 2 of the State Streets and Highways Code, commencingwith Section 22500), said special assessment district known and designated as Streetv^-,-:-. Mn o (hereinafter referred to as the "Assessment a special asseooni^ML u,^Act of 1972, (Division 15, Part 2 of the State Streets anu niyi mayo ^—, „with Section 22500), said special assessment district known and designated as StreetLighting and Landscaping District No. 2 (hereinafter referred to as the "Assessment District*); andWHEREAS, the Assessment District is an existing assessment district in which as-,sessments are not proposed to be increased as defined by Article XIIID of theCalifornia Constitution (Proposition 218) and the Proposition 218 Omnibus Implemen-tation Act, and is exempt from the procedures and requirements of all assessments under California Constitution Article XIIID § 5 (a); andWHEREAS the City Council wishes levy assessments for the next ensuing fiscal yearto provide for the costs and expenses necessary to pay for the maintenance of the improvements within the Assessment District; and •WHEREAS, there has been presented and approved by this City Cpuncil the Engi neeifs Report (the "Report"), as required by law, and this City Council is desirous c continuing with the proceedings for said annual levy; andWHEREAS, the improvements to be maintained shall consist ot all originally desic,nated and authorized improvements, as well as certain new and additional V, I n^ni_, ~. ._, . . IITALS/TION 1. That the above recitals are all true and correct.;TION 2. That the public interest and convenience requires, and it is the intentionle City Council to levy and collect assessments to pay the annual costs and ex-yeiises for the maintenance and/or servicing of the improvements for the Assessment District, the improvements generally described as follows:The maintenance of certain street lighting improvements, street trees, and median landscaping improvements, as set forth and described in the Report.The proposed new improvements to be maintained and serviced caused generally by new development are described as follows:The maintenance of certain additional street lighting improvements and additionallandscaping improvements, including replacement of street trees and median land-scaping improvem""*0 «» as set forth and described in the ' -'-'—'- ;- h=mh./—---a to Be kept -•-•i.. ovements, including replacement or sirewi ucco a,.« ., _nentSj all as set forth and described in the Report, which is herebyit on file and open for public inspection in the Office of the City Clerk. BOUNDARfeS OF ASSESSMENT DISTRICT •SECTION 3. That said improvements are ot direct benetit to the properties within theboundaries of the Assessment District, which Assessment District the legislative bodypreviously declared to be the area benefited by the improvement, and for particulars,reference is made to the boundary map as previously approved by the City Cpuncil, acopy of which is on file in the office of trie City Clerk and open for public inspection, and is designated by the name of this Assessment District. SECTION 4. 'A. That the Report, as preliminarily approved by this legislative body, is on file with theCity Clerk and open for public inspection. Reference is made to the Report for a fulland detailed description of the improvements to be maintained, the boundaries of theAssessment District and any zones therein, and the proposed assessments upon as- sessable lots and parcels of land within the Assessment District.B. The Assessment District is an existing assessment district in which assessmentsare notproposed to be increased as defined by Article XIIID of the California Consti-tytion (Proposition 218) and the Proposition 218 Omnibus Implementation Act. SECTION 5. Notice is hereby given that a public hearing is scheduled in the regularmeeting place of the City Council, being the Council Chambers, City Hall, on the fol- lowing date and time:Tuesday, July 7, 2009, at 6:00 p.m.At that time this legislative body will hear protests or ejections in reference to theannual levy of assessments and to any other matters contained in this resolution. Anypeisona who wish to object to the proceedings or the annual levy should file a writtenprotest with the City Clerk prior to the time set for the public hearing. If there is amajority protest against the levy of an annual assessment that is increased from theprevious year, the proposed increase in the assessments shall be abandoned. A ma-jority protest exists if upon the conclusion of the hearing, written protests filed and notwithdrawn represent property owners owning more than 50% of the assessable area of land within the District.NOTICESECTION 6. That the City Clerk is hereby authorized and directed to give notice asrequired by law by causing a cpoy of this Resolution to be published in a newspaper ofgeneral circulation within the City of Carlsbad, said publication to be completed no1less than ten (10) days prior to the date set for the public hearinq.PROCEEDINGS INQUIRIES/PROTESTSSECTION 7. For any andaluntormation relating to these proceedings, including infor- mation relating to protest procedure, your attention is directed to the person designat- ed below:JOAN E. COXASSESSMENT ENGINEERHARRIS & ASSOCIATESTELEPHONE: (800) 827-4901 EXT. 2337Owners of property within the Assessment District may mail written protests to the i following address:CITY CLERKCITY OF CARLSBADI 1 200 CARLSBAD VILLAGE DRIVECARLSBAD, CA 92008PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Cpuncil of theCity of Carlsbad on the 1 9th day of May, 2009, by the following vote, to wit: AYES. Council Members Lewis, Hall, Packard and Blackburn. NOES: None.ABSENT: Council Member Kulchin TsTCLATJDETCLEWISrMayor ATTEST: T. WOODTCity 'Clerk" (SEAL)NCT 221 8701 6/26/2009 ANNUAL ENGINEER’S REPORT FISCAL YEAR 2009-10 ANNUAL ENGINEER’S REPORT FISCAL YEAR 2009-10 IMPROVEMENTS TO BE MAINTAINED •STREET LIGHTING •STREET TREES •MEDIAN LANDSCAPING 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 9. The Oaks North Industrial 10. Robertson Ranch 11. The Oaks North Residential Development Maximum Annual Assessment Rate Actual Annual Assessment Rate (08-09) Actual Annual Assessment Rate (09-10) Calavera Hills II $191.62 $107.72 $103.59 Kelly Ranch $116.18 $105.93 $101.38 The Oaks South $406.89 $4.19 $4.07 Thompson/Tabata $214.52 $133.88 $128.00 Palomar Forum/ Carlsbad Raceway $158.88 $86.72 $82.36 Bressi Ranch $211.00 $45.17 $42.71 La Costa Greens $378.89 $42.18 $40.04 La Costa Ridge $36.50 $22.95 $21.76 Oaks North Ind.$50.86 $25.77 $38.46 Robertson Ranch $231.70 $0.00 $147.39 Oaks North Res.$323.35 $8.32 $7.54 ANNUAL ASSESSMENT SUMMARY FOR THE AVERAGE SINGLE-FAMILY PARCEL STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 For additional information regarding the Street Lighting and Landscaping Districts please call: Harris & Associates (866) 427-4304 Questions?