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HomeMy WebLinkAbout2013-05-14; City Council; 21226; Street Lighting Landscape District No. 2 2013-2014CITY OF CARLSBAD - AGENDA BILL 21.226 AB# MTG. 5/14/13 DEPT. FIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2: INITIATING PROCEEDINGS FOR FISCAL YEAR 2013-14 DEPT. DIRECTOR CITY ATTORNEY.^^^ CITY MANAGER '2L RECOMMENDED ACTION: Adopt Resolution No. 2013-110 initiating proceedings and ordering the preparation of an Engineer's Report for a Special Maintenance District. Adopt Resolution No. 2013-111 approving the Preliminary Engineer's Report. Adopt Resolution No. 2013-112 setting a public hearing for June 25, 2013. 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 2013-14 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 twelve 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, the Oaks North Industrial, Robertson Ranch (East Village), the Oaks North Residential and La Costa Town Square 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. Fiscal Year 2013-14 Assessment District Processing: In each of the twelve 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 DEPARTMENT CONTACT: Roxanne Muhlmeister 760-602-2417 roxanne.muhlmeister(S)carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • • • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER - SEE MINUTES • Page 2 city. However, in District No. 2, nine 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 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 San Diego County CPI from January 2012 to January 2013 was 1.5% and is reflected in the maximum assessment rates for 2013-14. 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 2013-14 in each zone, since some of these lights have either recently been energized or will not be energized until Fiscal Year 2013-14. 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 $3.98 per parcel to a high of $149.06 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 Maximum Annual Assessment Rate Actual Annual Assessment Rate (12-13) Actual Annual Assessment Rate (13-14) Explanation of Difference Between Actual Annual Assessment Rates Between Fiscal Years Calavera Hills II $203.36 $107.80 $105.08 Overall decrease due to lower lighting energy costs which are partly offset by higher median maintenance costs. Kelly Ranch $123.29 $105.01 $103.88 Overall decrease due to lower lighting energy costs which are partly offset by higher median maintenance costs. The Oaks South $431.80 $4.27 $3.98 Overall decrease due to lower lighting energy costs. Thompson/ Tabata $227.66 $132.95 $130.41 Overall decrease due to lower lighting energy costs which are partly offset by higher median maintenance costs. Palomar Forum/Carlsbad Raceway $168.61 $83.35 $85.41 Overall increase due to higher median maintenance costs which are partly offset by lower lighting energy costs. Bressi Ranch $223.93 $45.06 $45.52 Overall increase due to higher median maintenance costs which are partly offset by lower lighting energy costs. Pages ASSESSMENT SUMMARY FOR THE AVERAGE ANNUAL SINGLE-FAMILY PARCEL (CONTINUED) Development Maximum Annual Assessment Rate Actual Annual Assessment Rate (12-13) Actual Annual Assessment Rate (13-14) Explanation of Difference Between Actual Annual Assessment Rates Between Fiscal La Costa Greens $402.08 $41.28 $41.72 Overall increase due to higher median maintenance costs which are partly offset by lower lighting energy costs. La Costa Ridge $38.73 $23.00 $23.34 Overall increase due to higher median maintenance costs. Oaks North Industrial $53.98 $51.36 $53.98 Overall increase due to higher tree maintenance costs. Robertson Ranch (East Village) $245.89 $151.17 $149.06 Overall decrease due to lower lighting energy costs which are partly offset by higher median maintenance costs. Oaks North Residential $343.15 $7.91 $7.38 Overall decrease due to lower lighting energy costs. La Costa Town Square $416.97 N/A $143.14 New development zone-added FY 2012-13 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 June 25, 2013. FISCAL IMPACT: The Fiscal Year 2013-14 Street Lighting and Landscaping District No. 2 total assessments for the twelve zones are projected to be $524,849. Interest earned on cash reserves in the District No. 2 Fund will contribute $17,300 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 Fiscal Year 2013-14 assessments, $246,444 will be spent on maintenance operations and $278,405 will be set aside for future replacement of improvements. ENVIRONMENTAL IMPACT: The project is categorically exempt from review under the California Environmental Quality Act (CEQA), pursuant to state CEQA Guidelines Section 15301 (c) regarding the operation and maintenance of existing facilities. EXHIBITS: 1. Resolution No. 2013-110 ordering the preparation of an Engineer's Report. 2. Engineer's Report. 3. Resolution No. 2013-111 4. Resolution No. 2013-112 , approving the Engineer's Report. , setting a public hearing for June 25, 2013. Exhibit 1 21 22 23 24 25 26 27 28 RESOLUTION NO. 2013-110 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE 3 CITY OF CARLSBAD, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR A SPECIAL ASSESSMENT DISTRICT 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 ^ of 1972, (Division 15, Part 2 of the State Streets and Highways Code, commencing with Section 22500), the special assessment district is known and designated as Street Lighting and Landscaping District No. 2 (hereinafter referred to as the "Assessment District"); and WHEREAS, the Assessment District is an existing assessment district in which assessments are not proposed to be increased as defined by Article XIIID of the 10 11 12 13 14 15 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 annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements defined as existing street lighting, median landscaping and street trees ("Improvements"), within the Assessment District. NOW. THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are true and correct. Exhibit 1 1 DECLARATION OF INTENTION 2 SECTION 2. That the public interest and convenience requires, and it is the ^ intention of this legislative body to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the Improvements for the Assessment District, with 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 Engineer's Report (the "Report") attached as Exhibit 2 and incorporated herein by this reference. The -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 additional ''3 landscaping improvements, including replacement of street trees and median landscaping improvements, all as set forth and described in the Report. REPORT OF ENGINEER SECTION 3. That the Improvements are hereby referred to Harris & Associates, who is hereby directed to make and file the Report generally containing the following: A. Plans and specifications describing the general nature, location and extent 14 15 16 17 18 19 20 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 Improvements for the Assessment District for the Fiscal Year 2013-14; D. An assessment of the estimated costs of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels within the Assessment District in proportion to the benefits received. 24 25 26 27 28 Exhibit! 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 consideration which is hereby ordered to be kept on file and open for public inspection in the Office of the City Clerk. FISCAL YEAR 3 4 5 6 7 8 9 10 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 SECTION 4. That the Report shall include all costs and expenses of said maintenance and/or servicing relating to the fiscal year commencing July 1, 2013 and ending June 30, 2014. Co 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 14^^ day of May, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. BARBARA ENGLESON, City Clerk (SEAL) Exhibit 2 DRAFT CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 FINAL ANNUAL ENGINEER'S REPORT FISCAL YEAR 2013-14 Prepared by: K. Dennis Klingelhofer, PE Harris & Associates RCE 50255 Exp. 6/30/13 April 29. 2013 Date City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 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:\Finance\Financing DistrictsMLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 2 FISCAL YEAR 2013-14 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 Califomia 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 Califomia, in connection with the proceedings for: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 hereinafter referred to as the "Maintenance District" or "District", I, K. Dennis Klingelhofer, 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. FART 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:\Finance\Financing DistrictsMLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx 0 City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 3 PART A PLANS AND SPECIFICATIONS The improvements, which have been constmcted or which may be subsequently constmcted 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, shmbbery, 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 fUmished 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 Califomia Public Utilities Commission. DESCRIPTION OF MAINTENANCE AND SERVICES Maintenance means the frimishing 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, refiirbishment, 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, mbbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the frimishing of water and electrical current or energy for the irrigation of the Landscaping Improvements and the maintenance of any Street Lighting Improvements or appurtenant facilities and the frimishing 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:\Finance\Financing DistrictsMLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx city of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 4 The Street Lighting Improvements shall be maintained to provide adequate illumination. Electricity for streetlights shall be frimished by SDG&E, and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the Califomia 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 frinds the operation and maintenance of street lighting, street trees, and medians. Zone 2 - Encompasses the Kelly Ranch Core Development and frinds the operation and maintenance of street lighting and medians. Zone 3 - Encompasses the Oaks South Development and frinds the operation and maintenance of street lighting, street trees and medians. Zone 4 - Encompasses the Thompson/Tabata Development and frinds the operation and maintenance of street lighting, street trees, and medians. Zone 5 - Encompasses the Palomar Fomm Development and the Carlsbad Raceway Development and frinds the operation and maintenance of street lighting and medians. Zone 6 - Encompasses the Bressi Ranch Development and frinds the operation and maintenance of street lighting, street trees, and medians. Zone 7 - Encompasses the La Costa Greens Development and frinds the operation and maintenance of street lighting, street trees, and medians. Zone 8 - Encompasses the La Costa Ridge Development, including Village 2.6, and frinds the operation and maintenance of street lighting, street trees, and medians. Zone 9 - Encompasses the Oaks North Business Park Development and frinds the operation and maintenance of street lighting and street trees. Zone 10 - Encompasses the east village of the Robertson Ranch Development and fijnds the operation and maintenance of street lighting, street trees, and medians. Zone 11 - Encompasses the Oaks North Residential Development and frinds the operation and maintenance of street lighting, street trees, and medians. Zone 12 - Encompasses the La Costa Town Square Development and frinds 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:\Finance\Flnancing DistrictsMLD #2\2013-14MLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report-FY 2013-14 DRAFT April 29,2013 Page 5 PART B 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 frilly maintained for Fiscal Year 2013-14. 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 frind 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 frinds 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 2013-14 Budget O&M Repl. Total Form-FY 13-14 FY 13-14 Assessed Unit Unit O&M/Repl. ation Admin. Annual Annual Quantity Cost Cost Costs Costs Costs Costs Cost/EDU Zone 1 (Calavera Hills II) 40W Light 50 each $119.64 $163.67 $14,166 $0 $177 $14,343 $43.87 / EDU * 100W Ugtit 26 each $134.10 $148.57 $7,349 $0 $92 $7,441 $12.18 / EDU ** Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU *** Medians 37,558 sf $0.31 $0.48 $29,583 $0 $370 $29,953 $49.03 / EDU Zone 2 (Kelly Ranch Core) $51,737 40W Light 54 each $119.64 $163.67 $15,299 $0 $191 $15,490 $34.54 / EDU * 100W Light 6 each $134.10 $148.57 $1,696 $0 $21 $1,717 $3.63 / EDU Medians 38,250 sf $0.31 $0.48 $30,129 $0 $377 $30,506 $65.71 / EDU Zone 3 (The Oaks South) $47,713 ** 100W Ught 0 each $147.72 $163.67 $0 $0 $0 $0 $0.00 / EDU * 100W Light 7 each $134.10 $148.57 $1,979 $0 $25 $2,004 $3.98 / EDU ** Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU ** Medians Osf $0.31 $0.48 $0 $0 $0 $0 $0.00 / EDU zone 4 (Thompson/Tabata) $2,004 40W Light 45 each $119.64 $163.67 $12,749 $0 $159 $12,908 $51.19/EDU * 100W Light 8 each $134.10 $148.57 $2,261 $0 $28 $2,289 $9.08 / EDU ** Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU Medians 22,180 sf $0.31 $0.48 $17,471 $0 $218 $17,689 $70.14/EDU $32,886 TTiese lights are on arterial roadways, therefore the O&M and Repl. costs ha\AB been multiplied by 90.8% (TTiis is to account for the 9.2% General Benefit for Arterial Roadways) These budgets are $0 due to HOA maintenance and servicing, these lights were not part of the Lighting Retrofit project Portion of total median area attributable only to Calavera Hills II 40W or 100W lights are local to Non-Res properties in Zones 5 and 6 and costs are spread to those parcels only Q:\Finance\Financing Districts\LLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx 13 City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 DRAFT April 29, 2013 Page 6 FY 2013-14 Budget (cont'd) O&M Repl. Total Form-FY 13-14 FY 13-14 Assessed Unit Unit O&M/Repi. ation Admin. Annual Annual Quantity Cost Cost Costs Costs Costs Costs Cost / EDU Zone 5 (Palomar Forum/Carlsbad Raceway) 40W Light 15 each $119.64 $163.67 $4,250 $0 $53 $4,303 $6.36 / EDU **** 100W Light 4 each $147.72 $163.67 $1,246 $0 $16 $1,262 $8.26 / EDU * 100W Light 14 each $134.10 $148.57 $3,957 $0 $49 $4,006 $4.83 / EDU Medians 77,211 sf $0.31 $0.48 $60,817 $0 $760 $61,577 $74.22 / EDU Zone 6 (Bressi Ranch) $71,148 ** 100W Light 0 each $147.72 $163.67 $0 $0 $0 $0 $0.00 / EDU **** 40W Light 25 each $119.64 $163.67 $7,083 $0 $89 $7,172 $7.96 / EDU **** 100W Light 24 each $147.72 $163.67 $7,473 $0 $93 $7,566 $8.40 / EDU * 100W Light 15 each $134.10 $148.57 $4,240 $0 $53 $4,293 $2.82 / EDU ** Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU Medians 81,510 sf $0.31 $0.48 $64,203 $0 $803 $65,006 $42.70 / EDU Zone 7 (La Costa Greens) $84,037 ** 100W Light 0 each $147.72 $163.67 $0 $0 $0 $0 $0.00 / EDU ** Collector 100W Light 0 each $147.72 $163.67 $0 $0 $0 $0 $0.00 / EDU * 100W Light 21 each $134.10 $148.57 $5,936 $0 $74 $6,010 $4.96 / EDU ** Local Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU ** Collector Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU Medians 55,917 sf $0.31 $0.48 $44,044 $0 $551 $44,595 $36.76 / EDU Zone 8 (La Costa Ridge) $50,605 Collector 100W Light 0 each $147.72 $163.67 $0 $0 $0 $0 $0.00 / EDU * 100W Light 2 each $134.10 $148.57 $565 $0 $7 $572 $1.80/EDU Collector Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU Medians 8,579 sf $0.31 $0.48 $6,757 $0 $84 $6,841 $21.53/EDU Zone 9 (Oaks North Business Park) $7,413 40W Light 18 each $119.64 $163.67 $5,100 $0 $64 $5,164 $5.00 / EDU 100W Ught 17 each $147.72 $163.67 $5,294 $0 $66 $5,360 $5.19 / EDU Trees 455 each $109.46 $49,806 $0 $623 $50,429 $48.85 / EDU Zone 10 (Robertson Ranch) $60,953 40W Light 66 each $119.64 $163.67 $18,699 $0 $234 $18,933 $37.83 / EDU * 100W Light 23 each $134.10 $148.57 $6,501 $0 $81 $6,582 $12.28 / EDU ** Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU Medians 66,500 sf $0.31 $0.48 $52,380 $0 $655 $53,035 $98.95 / EDU Zone 11 (The Oaks North Residential) $78,550 ** 100W Ught 0 each $147.72 $163.67 $0 $0 $0 $0 $0.00 / EDU •* Collector 100W Ught 0 each $147.72 $163.67 $0 $0 $0 $0 $0.00 / EDU * 100W Light 12 each $134.10 $148.57 $3,392 $0 $42 $3,434 $7.38 / EDU ** Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU ** Collector Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU ** Medians 0 sf $0.31 $0.48 $0 $0 $0 $0 $0.00 / EDU ** Collector Medians 0 sf $0.31 $0.48 $0 $0 $0 $0 $0.00 / EDU Zone 12 (La Costa Town Square) $3,434 40W Light 11 each $119.64 $163.67 $3,116 $0 $39 $3,155 $50.08 / EDU Collector 40W Ught 7 each $119.64 $163.67 $1,983 $0 $25 $2,008 $6.18 / EDU * 100W Light 7 each $134.10 $148.57 $1,979 $0 $25 $2,004 $5.96 / EDU ** Local Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU ** Collector Trees 0 each $109.46 $0 $0 $0 $0 $0.00 / EDU ** Arterial Trees Osf $109.46 $0 $0 $0 $0 $0.00 / EDU Medians 34,105 sf $0.31 $0.48 $26,864 $0 $336 $27,200 $80.91 /EDU $34,367 Subtotal Annual Costs: $518,367 $0 $6,4821 $524,847 Q:\Finance\Financing Districts\LLD#2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 7 FY 2013-14 Budget (cont'd) * These lights are on arterial roadways, therefore the O&M and Repl. costs have been multiplied by 90.8% (This is to account for the 9.2% General Benefit for Arterial Roadways) ** These budgets are $0 due to HOA maintenance and sen/icing, these lights were not part of the Lighting Retrofit project *** Portion of total median area attributable only to Calavera Hills II **** 40W or 100W lights are local to Non-Res properties in Zones 5 and 6 and costs are spread to those parcels only Administrative Costs District Fomnation $0 Annual Administration $6,000 County Levy Fee $482 Replacement Reser>Ae $275,264 Fund Balance as of July 1 of Cun-ent FY ($275,264) Subtotal Administrative Costs: $6,482 FY 13-14 Annual Assessment: $524,849 Q:\Finance\Financing Districts\LLD#2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 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:\Finance\Financing Districts\LLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 DRAFT April 29, 2013 Page 9 Arterial Lighting. Special Benefit. The operation, maintenance and servicing of arterial lighting provides a special benefit to each and every assessable lot or parcel within the development or vicinity which are adjacent to such lighting resulting in: 1) improved nighttime visibility for the access of emergency vehicles, and 2) improved safety and traffic circulation to and from parcels. Arterial lighting consists of 200 watt lights; however, special benefit is assigned consistent with local lighting wattage. General Benefit. The City recognizes that a portion of the maintenance, operation and servicing of those Street Lighting Improvements that are a part of the City's arterial lighting improvements provide a general benefit to the public at large, which equates to the higher level of lighting required on arterial roads. The general benefits associated with Arterial Lighting are attributable to the higher level of lighting required for an arterial roadway. That higher level of lighting provides a measure of safety for the additional width of the street. Local and collector roadways require only 9,500 lumen lights (typically 40 watt lights) and arterial roadways require 22,000 lumen lights (typically 100 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 2013-14 COST ESTIMATE COMPARISON OF ELECTRICAL COSTS FOR THE VARIOUS STREET LIGHTS WITHIN THE CITY Lamp Size Number Monthly Monthly Annual Annual General (Watts) Lights Rate Amount Amount Cost per Light Benefit Low wattage lights for collector streets: 40 4,875 $1.56 $7,605.00 $91,260.00 $18.72 $0.00 Subtotal-1 4,875 $91,260.00 $0.00 High wattage lights for arterial streets: 80 2 $3.12 $6.24 $74.88 $37.44 $37.44 100 1,610 $3.90 $6,279.00 $75,348.00 $46.80 $45,208.80 150 540 $5.85 $3,159.00 $37,908.00 $70.20 $27,799.20 200 152 $7.80 $1,185.60 $14,227.20 $93.60 $11,381.76 250 $9.75 $0.00 $0.00 $117.00 $0.00 Subtotal-2 2,304 $127,558.08 $84,427.20 Total 7,179 $218,818.08 General Benefit = $84,427.20 FY 2013-14 Lighting Budget Amount FY 2013-14 Public Parcel Contribution Total Est Cost Less Public Parcel Contribution* $943,344 $28,000 $915,344 General Benefit Percentage 9.2% ' Based on preliminary budget estimates Q:\Finance\Financing Districts\LLD#2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx \1 City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 10 Therefore, 9.2% of the Street Lighting Improvements on the City's arterial roadways are considered general benefit, and only 90.8% 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 twelve 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 Q:\Finance\Financing Districts\LLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 11 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 ('TSfon-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 1.05-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:\Finance\Financing Districts\LLD#2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 12 Zone 3 - The Oaks South The Oaks South development is located to the northeast of the intersection of Rancho Santa Fe Road and Camino de los Coches and is comprised of varying types of land uses that receive special benefit from the street lighting, street trees and medians within and directly adjacent to the development. It is anticipated that the HOA will maintain the street trees, local street lights and medians. The City and the owners of the land within 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:\Finance\Financing Districts\LLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx 20 City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 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 51.63 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 86.22 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 comer 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 148.71 acres of Non-Res development that have 40 watt and 100 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 comer 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 7.6 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 14.96 acres of Non-Res and 44 SFA units that have local street trees, but do not have local street Q:\Finance\Financing Districts\LLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 DRAFT April 29, 2013 Page 14 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 lOOW 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 262 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 vsdthin 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 Q:\Finance\Financing Districts\LLD#2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx city of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 15 (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. 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 172.05 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 comer 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 78 APT units, 84 SFA units, 320 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 2.84 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 Q:\Finance\Financing Districts\LLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx 23 city of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 16 land uses that receive special benefit from the street lighting, street trees, and medians within and directly adjacent to the development. It is anticipated that the HOA will maintain the 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 284 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 5.71 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. Zone 12 - La Costa Town Square The La Costa Town Square development is located on the north east comer of La Costa Avenue and Rancho Santa Fe Road. 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. There are 63 SFD units that all have local street lights and trees in the public streets directly adjacent to them. There is are 43.61 acres Non-Res development and a 7.67 acre unplanned area that do not have public local street lights or street trees. Street trees and street lights along La Costa Avenue are classified as Collector Trees and Collector 40W lights. The La Costa Town Square development is on the north side of La Costa Avenue and will benefit from the street lights along La Costa Avenue, therefore 50% of the street lights along La Costa Avenue have been apportioned to the La Costa Town Square. All the trees in La Costa Avenue directly adjacent to the La Costa Town Square have been apportioned to the La Costa Town Square. 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 La Costa Avenue. These include the SFD and Non-Res development areas. It is anticipated that the HOA will maintain the street trees. The City and the owners of the land within La Costa Town Square have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 12 for the maintenance of the trees only if (a) the HOA fails to maintain such any such street lights and trees pursuant to the Agreement, (b) as a result of the failure of the HOA to maintain any such Q:\Finance\Financing Districts\LLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 17 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 also benefits from arterial lighting and medians Rancho Santa Fe Road. There will be approximately 1,795 linear feet of medians in Rancho Santa Fe Road along the south east side of the development (which equals approx. 34,105 sf of medians based on a typical 19' width). The La Costa Town Center development is on both the north and south side of Rancho Santa Fe Road and will benefit from the improved aesthetics of the medians; therefore the entire benefit from the medians in Rancho Santa Fe Road is apportioned to the La Costa Town Square. 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 Southem Califomia, 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 Southem Califomia, 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 Southem Califomia, 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. Q:\Finance\Financing Districts\LLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx Z5 City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report-FY 2013-14 DRAFT April 29, 2013 Page 18 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 2013-14 budget rates and the calculated maximum assessment rates for FY 2013-14. The FY 2013-14 assessment rate will be the lesser of the budget rate and the maximum rate. Estimated FY 2013-14 Assessment Allocation and Rates Development DU Acres Local Light EDU Collector Local Light EDU Arterial Light EDU Tree EDU Collector Tree EDU Arterial Tree EDU Median EDU Collector Median EDU FY 13-14 Budget Rate ($/EDU) FY 13-14 Asmt Rate* ($/EDU) Zone 1 - Calavera Hills II Village E - SFA (NLL) 117 93.6 93.6 $61.21 $61.21 Village H - Non-Res (NLL) 2.00 12.0 12.0 $61.21 $61.21 Village K - SFD 84 84.0 84.0 84.0 84.0 $105.08 $105.08 Village L-2 - SFD 14 14.0 14.0 14.0 14.0 $105.08 $105.08 Village U - SFA (NLL) 135 108.0 108.0 $61.21 $61.21 Village W - SFD 114 114.0 114.0 114.0 114.0 $105.08 $105.08 Village X- Non-Res (NLL) utility 0.08 0.5 0.5 $61.21 $61.21 Village X-SFD 115 115.0 115.0 115.0 115.0 $105.08 $105.08 Village Y - APT (NLL) 106 63.6 63.6 $61.21 $61.21 Village Y - Non-Res (NLL) 1.05 6.3 6.3 $61.21 $61.21 Zone 2 - Kelly Ranch Core 327.0 611.0 327.0 611.0 SFD 147 147.0 147.0 147.0 $103.88 $103.88 APT 451 270.6 270.6 270.6 $103.88 $103.88 Non-Res 2.61 15.7 15.7 15.7 $103.88 $103.88 Non-Res (NLL) 2.63 15.8 15.8 $69.34 $69.34 Non-Res (NLL) utility 1.48 8.9 $3.83 $3.83 Park 0.49 0.7 0.7 0.7 $103.88 $103.88 SFD (NAP) 6 ' 6.0 ' 6.0 6.0 $103.88 $103.88 Vacant (NAP) 5.67 8.5 8.5 8.5 $103.88 $103.88 Zone 3 - The Oaks South 448.5 473.2 464.3 SFD 494 494.0 494.0 494.0 494.0 $3.98 $3.98 Non-Res 1.62 9.7 9.7 9.7 9.7 $3.98 $3.98 Zone 4 - Thompson/Tabata 503.7 503.7 503.7 503.7 SFD 233 233.0 233.0 233.0 233.0 $130.41 $130.41 SFA 24 19.2 19.2 19.2 $130.41 $128.21 Zone 5 - Palomar Forum/Carlsbad Raceway 252.2 252.2 233.0 252.2 Park 1.71 2.6 2.6 2.6 $85.41 $85.41 Non-Res-40W 112.36 674.2 674.2 674.2 $85.41 $85.41 Non-Res-IOOW 25.49 152.9 152.9 152.9 $87.31 $87.31 829.7 829.7 829.7 FY 12-13 FY 13-14 Maximum Maximum Rates CPI Rates ($/EDU) Adj. ($/EDU) $69.32 $69.32 $200.35 $200.35 $69.32 $200.35 $69.32 $200.35 $69.32 $69.32 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% $70.36 $70.36 $203.36 $203.36 $70.36 $203.36 $70.36 $203.36 $70.36 $70.36 $121.47 $121.47 $121.47 $74.50 $5.40 $121.47 $121.47 $121.47 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% $123.29 $123.29 $123.29 $75.62 $5.48 $123.29 $123.29 $123.29 $425.42 $425.42 1.5% 1.5% $431.80 $431.80 $224.30 $126.32 1.5% 1.5% $227.66 $128.21 $166.12 $166.12 $99.80 1.5% 1.5% 1.5% $168.61 $168.61 $101.30 NO = No Collector Lights/Trees NLL = No Local Lights NLT= No Local Trees DU = Dwelling Unit NAP = Not a Part * The FY 2013-14 Assessment Rale will be the lesser of the Budget Rate and the Maximum Rate Q:\Finance\Financing DistrictsMLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 DRAFT April 29, 2013 Page 19 Estimated FY 2013-14 Assessment Allocation and Rates (cont'd) Collector FY 13-14 FY 13-14 FY 12-13 FY 13-14 Local Local Arterial Collector Arterial Collector Budget Asmt Maximum Maximum Light Light Light Tree Tree Tree Median Median Rate Rate* Rates CPI Rates Development DU Acres EDU EDU EDU EDU EDU EDU EDU EDU ($/EDU) ($/EDU) ($/EDU) Adj. ($/EDU) Zone 6 - Bressi Ranch Non-Res 150.19 901.1 901.1 901.1 $61.88 $61.88 $73.62 1.5% $74.72 Park 12.38 18.6 18.6 18.6 18.6 $45.52 $45.52 $220.62 1.5% $223.93 SFD 498 498.0 498.0 498.0 498.0 $45.52 $45.52 $220.62 1.5% $223.93 SFA 100 80.0 80.0 80.0 $45.52 $45.52 $144.32 1.5% $146.48 SF Estates 25 25.0 25.0 $45.52 $45.52 $57.03 1.5% $57.89 1497.7 1522.7 516.6 1522.7 Zone 7 - The Greens Non-Res-NLL 14.96 89.8 89.8 89.8 $41.72 $41.72 $259.82 1.5% $263.72 Non-Res 12.77 76.6 76.6 76.6 76.6 $41.72 $41.72 $321.30 1.5% $326.12 Park 5.88 8.8 8.8 8.8 8.8 8.8 8.8 $41.72 $41.72 $396.14 1.5% $402.08 Park-NC 1.72 2.6 2.6 2.6 2.6 $41.72 $41.72 $321.30 1.5% $326.12 Park-NLT 32.11 48.2 48.2 48.2 48.2 $41.72 $41.72 $197.67 1.5% $200.64 SFA 86 68.8 68.8 68.8 68.8 $41.72 $41.72 $321.30 1.5% $326.12 SFA-NLL 38 30.4 30.4 30.4 $41.72 $41.72 $259.82 1.5% $263.72 SFD 484 484.0 484.0 484.0 484.0 484.0 484.0 $41.72 $41.72 $396.14 1.5% $402.08 SFD-NC 107 107.0 107.0 107.0 107.0 $41.72 $41.72 $321.30 1.5% $326.12 SF Estates 64 64.0 64.0 64.0 64.0 $41.72 $41.72 $197.67 1.5% $200.64 APT (NAP) 180 108.0 108.0 108.0 108.0 $41.72 $41.72 $321.30 1.5% $326.12 Non-Res (NAP) 0.65 3.9 3.9 3.9 3.9 $41.72 $41.72 $321.30 1.5% $326.12 Park-NLL (NAP) 80.81 121.2 121.2 $41.72 $41.72 $122.80 1.5% $124.64 859.7 605.0 1213.3 979.9 605.0 1213.3 Zone 8 - The Ridge PARK 0.18 0.3 0.3 0.3 0.3 $23.34 $23.34 $69.89 1.5% $70.94 SFA 53 42.4 42.4 42.4 42.4 $23.34 $23.34 $69.89 1.5% $70.94 SFD-NCT 263 263.0 263.0 263.0 $23.34 $23.34 $38.16 1.5% $38.73 Non-Res (NAP) 2.0 12.0 12.0 12.0 $23.34 $23.34 $38.16 1.5% $38.73 317.7 317.7 42.7 317.7 Zone 9 - Oaks North Business Park Non-Res 172.04 1,032.2 1,032.2 $59.05 $53.98 $53.18 1.5% $53.98 1,032.2 1,032.2 Zone 10 - Robertson Ranch East Village APT 78 46.8 46.8 46.8 46.8 $149.06 $149.06 $242.26 1.5% $245.89 SFA 84 67.2 67.2 67.2 67.2 $149.06 $149.06 $242.26 1.5% $245.89 SFD 304 304.0 304.0 304.0 304.0 $149.06 $149.06 $242.26 1.5% $245.89 Park 17.53 26.30 26.30 26.30 26.30 $149.06 $149.06 $242.26 1.5% $245.89 SFD 16 16.0 16.0 16.0 16.0 $149.06 $149.06 $242.26 1.5% $245.89 Non-Res (Util) 2.84 17.04 17.04 $111.23 $111.23 $122.11 1.5% $123.94 Vacant 6.59 9.89 9.89 $111.23 $111.23 $122.11 1.5% $123.94 Non-Res (NAP) 6.7 40.20 40.20 40.20 40.20 $149.06 $149.06 $242.26 1.5% $245.89 Vacant (NAP) 5.70 8.55 8.55 $111.23 $111.23 $122.11 1.5% $123.94 500.5 536.0 500.5 536.0 Zone 11 - Oaks North Residentia SFD 284 284.0 284.0 284.0 284.0 284.0 284.0 284.0 $7.38 $7.38 $338.08 1.5% $343.15 SFD (NLL) 43 43.0 43.0 43.0 43.0 43.0 $7.38 $7.38 $183.02 1.5% $185.77 APT 168 100.8 100.8 100.8 100.8 100.8 $7.38 $7.38 $183.02 1.5% $185.77 Park 2.26 3.39 3.39 3.39 3.39 3.39 3.39 3.39 $7.38 $7.38 $338.08 1.5% $343.15 Non-Res (NLL) 5.71 ' 34.26 34.26 34.26 34.26 34.26 $7.38 $7.38 $183.02 1.5% $185.77 287.4 465.5 465.5 287.4 465.5 465.5 465.5 Zone 12 • La Costa Town Square SFD 63 63.0 63.0 63.0 63.0 63.0 63.0 63.0 $143.14 $143.14 $410.81 1.5% $416.97 Non-Res 43.61 261.7 261.7 261.7 261.7 261.7 $93.06 $93.06 $138.78 1.5% $140.86 Vacant 7.67 11.51 11.51 11.51 $86.87 $86.87 $110.65 1.5% $112.31 63.0 324.7 336.2 63.0 324.7 336.2 336.2 NO = No Collector Lights/Trees NLL = No Local Lights NLT= No Local Trees DU = Dwelling Unit NAP = Not a Part * The FY 2013-14 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:\Finance\Financing DistrictsMLD #2\2013-14\LLD2 13-14 Final Rpt DRAFT (3).docx in City of Carlsbad DRAFT April 29,2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 20 PART D ASSESSMENT ROLL The Assessment Roll is a listing of the proposed maximum assessment for Fiscal Year 2013-14 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:\Finance\Financing DistrictsMLD #2\2013-14MLD2 13-14 Final Rpt DRAFT (3).docx 11 Exhibit 3 12 13 14 15 16 17 18 23 24 25 26 27 28 RESOLUTION NO. 2013-111 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR THE PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL ASSESSMENT DISTRICT 5 6 ^ WHEREAS, the City Council of the City of Carlsbad, California, pursuant to the g 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 10 resolution initiate proceedings and ordered the preparation of an Engineer's Report (the ^ 1 "Report") for the annual levy of assessments within a special assessment district, said special assessment district known and designated as Street Lighting and Landscaping District No. 2 (hereinafter referred to as the "Assessment District"); and WHEREAS, there has now been presented to this City Council the Report as required by said Division 15 of the Streets and Highways Code and as previously directed by resolution; and 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 20 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 maintained, as set forth in the Report. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Report as presented consists of the following: A. Plans and specifications describing the general nature, location and 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. ^ C. Diagram of the Assessment District. D. Assessment of the estimated cost. The Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 3. That the City Clerl< 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 I, 20 ,1 21 // 22 // 23 // 24 // 25 // 26 // 2^ // 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 14^^ day of May, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. BARBAR^feNpLES0N, City Clerk Exhibit 4 1 RESOLUTION NO. 2013-112 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 SPECIAL ASSESSMENT DISTRICT, AND SETTING A 5 TIME AND PLACE FOR A PUBLIC HEARING THEREON 4 9 10 11 12 13 14 15 20 21 22 23 24 25 26 27 28 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 designated as Street Lighting and Landscaping District No. 2 (hereinafter referred to as the "Assessment District"); and WHEREAS, the Assessment District is an existing assessment district in which assessments are not proposed to be increased as defined by Article XIIID of the 15 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); and WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements within the Assessment District; and WHEREAS, there has been presented and approved by this City Council the Engineer's Report (the "Report"), as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy; and 33 Exhibit 4 1 WHEREAS, the improvements to be maintained shall consist of all originally 2 designated and authorized improvements, as well as certain new and additional improvements. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public interest and convenience requires, and it is the intention of the City Council to levy and collect assessments to pay the annual costs and -10 expenses for the maintenance and/or servicing of the improvements for the Assessment 11 District, the improvements generally described as follows: 12 The maintenance of certain street lighting improvements, street trees, and median landscaping improvements, as set forth and described in the Report. The proposed new improvements to be maintained and serviced caused generally by new development are described as follows: The maintenance of certain additional street lighting improvements and additional landscaping improvements, including replacement of street trees and median landscaping improvements, all as set forth and described in the Report, which is hereby 14 15 16 17 18 19 20 ordered to be kept on file and open for public inspection in the Office of the City Clerk 21 BOUNDARIES OF ASSESSMENT DISTRICT 22 SECTION 3. That said improvements are of direct benefit to the properties within 23 the boundaries of the Assessment District, which Assessment District the legislative body previously declared to be the area benefited by the improvement, and for particulars, reference is made to the boundary map as previously approved by the City Council, a copy of which is on file in the office of the City Clerk and open for public inspection, and is designated by the name of this Assessment District. 24 25 26 27 28 3H Exhibit 4 1 REPORT OF ENGINEER 2 SECTION 4. ^ A. That the Report, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to the Report for a full and detailed description of the improvements to be maintained, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 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 11 California Constitution (Proposition 218) and the Proposition 218 Omnibus 12 Implementation Act. 13 PUBLIC HEARING 4 5 6 7 8 9 24 25 26 27 28 SECTION 5. Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time: Tuesday, June 25, 2013, at 6:00 p.m. At that time this legislative body will hear protests or objections in reference to the 14 15 16 17 18 19 20 annual levy of assessments and to any other matters contained in this resolution. Any 21 persons who wish to object to the proceedings or the annual levy should file a written 22 protest with the City Clerk prior to the time set for the public hearing. If there is a majority 23 protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50% of the assessable area of land within the District. 35 Exhibit 4 1 NOTICE 2 SECTION 6. That the City Clerk is hereby authorized and directed to give notice ^ as required by law by causing a copy of this Resolution to be published in a newspaper of general circulation within the City of Carlsbad, said publication to be completed not less than ten (10) days prior to the date set for the public hearing. PROCEEDINGS INQUIRIES/PROTESTS SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person -10 designated below: 11 DENNIS A. ANDERSON ASSESSMENT ENGINEER 12 HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 2334 13 " 14 15 16 17 CITY CLERK 18 CITY OF CARLSBAD 19 20 21 22 23 24 25 26 27 28 Owners of property within the Assessment District may mail written protests to the following address: 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 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 14^^ day of May, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT hiALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk '",7...*