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HomeMy WebLinkAbout2013-07-09; City Council; 21293; Lighting Landscaping District No. 2 Public HearingCITY OF CARLSBAD - AGENDA BILL 16 AB# 21.293 STREET LIGHTING AND DEPT.DIRECTOR 6^ MTG. 7/09/13 LANDSCAPING DISTRICT NO. 2 CITY ATTORNEY DEPT. FIN PUBLIC HEARING CITY MANAGER RECOMMENDED ACTION: That a public hearing be held to consider a staff report, receive public comment, and approve Resolution No. 2Q13-I7fi confirming the diagram and assessment and providing for the levy ofthe 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 12 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), 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. At its meeting of May 14, 2013, 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 09, 2013). The attached Engineer's Report outlines the maintenance to be performed during FY 2013-14, 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 cannot 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 San Diego Union-Tribune at least ten days prior to the public hearing date. DEPARTMENT CONTACT: Roxanne Muhlmeister 760-602-2417 roxanne.muhlmeister@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDF^WN • OTHER-SEE MINUTES • AMENDED • Page 2 FISCAL YEAR 2013-14 ASSESSMENT DISTRICT PROCESSING: In each of the 12 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, 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 FY 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 every 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, 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 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 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. -2^ Page 3 ASSESSMENT SUMMARY FOR THE AVEF^GE ANNUAL SINGLE-FAMILY PARCEL (CONTINUED) Development Maximum Annual Assessment Rate Actual Annual Assessment Rate (11-12) Actual Annual Assessment Rate (12-13) Explanation of Difference Between Actual Annual Assessment Rates Between Fiscal 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 $8541 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. 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 FISCAL IMPACT: The Fiscal Year 2013-14 Street Lighting and Landscaping District No. 2 total budget for the 12 zones is projected to be $524,849. Interest earned on cash reserves in District No. 2 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 FY 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 under CEQA, pursuant to Section 15301 (c). EXHIBITS: 3 Page 4 1. Approved Engineer's Report. 2. Resolution No. 2013-175 , confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 2 CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 FINAL ANNUAL ENGINEER'S REPORT FISCAL YEAR 2013-14 Prepared by: June 24. 2013 K. Dennis Klilfgelh Harris & Associates RCE 50255 Exp. 6/30/13 , PE Date City of Carlsbad June 24, 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:\Carlsbad\AnnualAdmin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24, 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 OFTHE 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 ofthe Califomia Constitution ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Govemment 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. 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 fi-om 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 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24, 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 fumishing 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, refurbishment, 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 fumishing 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 fumishing 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 13-14\LLMD2Veport\LLD2 13-14 Final Rpt.docx City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 June 24, 2013 Page 4 The Street Lighting Improvements shall be maintained to provide adequate illumination. Electricity for streetlights shall be fumished 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 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 Fomm 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. Zone 12 - Encompasses the La Costa Town Square 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:\Carlsbad\Annual Admin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 June 24, 2013 Page 5 PARTB ESTIMATE OF COST The estimated costs for the operation, maintenance and servicing of the Improvements, shown on the following page, are the estimated costs of maintenance if the Improvements were fully maintained for Fiscal Year 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 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 2013-14 Budget O&M RepI. 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 Light 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 Light 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 0 sf $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 These lights are on arterial roadways, therefore the O&M and RepI. costs have been multiplied by 90.8% (This is to account for the 9.2% General Benefit for Arterial Roadways) Tiiese budgets are $0 due to HOA maintenance and serycing, these lights were not part ofthe 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:\CarisbadV\nnualAdmin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 June 24, 2013 Page 6 FY 2013-14 Budget (cont'd) O&M RepI. 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) w $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 Light 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 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 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 Light 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 0 sf $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 $6,482 j $524,847 Q:\Carlsbad\Annual Admin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24,2013 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 RepI. costs have been multiplied by 90.8% (This is to account fbr the 9.2% General Benefit for Arterial Roadways) ** These budgets are $0 due to HOA maintenance and servicing, these lights were not part ofthe 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 Formation $0 Annual Administration $6,000 County Levy Fee $482 Replacement Resen« $275,264 Fund Balance as of July 1 of Current FY ($275,264) Subtotal Administrative Costs: $6,482 FY 13-14 Annual Assessment: $524,849 Q:\Carisbad\AnnualAdmin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24, 2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 Page 8 PART C 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 constmction, 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 tme "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 fi'om the improvements be assessed. SPECIAL BENEFIT ANALYSIS Proper maintenance and operation of the streetlights, street trees and street medians provides special benefit to adjacent properties by providing security, safety, and community character and vitality. Local Lighting. Special Benefit The operation, maintenance and servicing of lighting along local streets in close proximity to certain lots or parcels provides a special benefit to such lots or parcels by providing illumination resulting in: 1) improved security of such lots or parcels, 2) improved ingress and egress from such lots or parcels by illuminating access after sunset, and 3) improved nighttime visibility for the local access of emergency vehicles. Local lighting consists of 100 watt lights. Street lights on or associated with traffic signals located at arterial-to-local connectors are considered to be 100% special benefit to those developments taking direct access at these intersections. General Benefit. There are no general benefits associated with local lighting. Q:\Carlsbad\AnnualAdmin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx 1-^ City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 June 24, 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 (Watts) Number Lights Monthly Rate Monthly Amount Annual Amount Annual Cost per Light General 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 General Benefit = $218,818.08 FY 2013-14 Lighting Budget Amount FY 2013-14 Public Parcel Contribution Total Est Cost Less Public Parcel Contribution* $84,427.20 $943,344 $28,000 $915,344 General Benefit Percentage 9.2% * Based on preliminary budget estimates Q:\Carisbad\AnnualAdmin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24, 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 fi"onting upon open space areas owned by govemmental agencies and/or managed by a non-profit environmental tmst 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%o 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 du-ectly adjacent to the development. It is anticipated that the Home Owners Association ("HOA") will Q:\Carisbad\Annual Admin\FY 13-14\LLMD2Veport\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24, 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 ("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 1.05-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 fi-om 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:\Carlsbad\AnnualAdmin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24, 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 fi-om 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 fi*om 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 fi-om 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 fi-om this District. Q:\Carlsbad\Annual Admin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx n City of Carlsbad June 24, 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 Fomm and Carlsbad Raceway. The Palomar Fomm 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 fi'om 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:\Carlsbad\Annual Admin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24, 2013 Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 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 fi-om 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 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 Q:\Carlsbad\AnnualAdmin\FY 13-14\LLMD2Veport\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24, 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 fi-om 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:\Carlsbad\Annual Admin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx 10 City of Carlsbad June 24, 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 fi-om 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 aimual 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:\Carlsbad\AnnualAdmin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx 2.1 City of Carlsbad June 24, 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 Tovm Center development is on both the north and south side of Rancho Santa Fe Road and will benefit fi-om 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 fi'om 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 fi'om 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:\Carlsbad\AnnualAdmin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 June 24, 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 Ught 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 $6934 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 Zbne 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 $87.31 829.7 8297 8297 FY 12-13 FY 13-14 Maximum Maximum Rates CPI Rates ($/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 $101.30 NC = No Collector Lights/Trees NLL = No Local Lights NLT= No Local Trees DU = Dwelling Unit NAP = Not a Part * The FY 2013-14 Assessment Rate will be the lesser ofthe Budget Rate and the Maximum Rate Q:\Carlsbad\AnnualAdmin\FY 13-14\LLMD2Veport\LLD2 13-14 Final Rpt.docx 22 City of Carlsbad Street Lighting and Landscaping District No. 2 Final Annual Engineer's Report - FY 2013-14 June 24, 2013 Page 19 Estimated FY 2013-14 Assessment Allocation and Rates (cont'd) Collector FY 13-14 FY 13-14 Local Local Arterial Collector Arterial Collector Budget Asmt Light Light Light Tree Tree Tree Median Median Rate Rate* Development DU Acres EDU EDU EDU EDU EDU EDU EDU EDU ($/EDU) ($/EDU) Zone 6 - Bressi Ranch Non-Res 150,19 901,1 901.1 901.1 $61.88 $61.88 Park 12,38 18,6 18.6 18.6 18.6 $45.52 $45.52 SFD 498 498,0 498.0 498.0 498.0 $45.52 $45.52 SFA 100 80,0 80.0 80.0 $45.52 $45.52 SF Estates 25 25.0 25.0 $45.52 $45.52 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 Non-Res 12,77 76.6 76.6 76.6 76.6 $41.72 $41.72 Park 5,88 8.8 8.8 8.8 8.8 8,8 8.8 $41.72 $41.72 Park-NC 1,72 2.6 2.6 2.6 2.6 $41.72 $41.72 Park-NLT 32,11 48.2 48.2 48,2 48.2 $41.72 $41.72 SFA 86 68.8 68.8 68.8 68.8 $41.72 $41.72 SFA-NLL 38 30.4 30.4 30.4 $41.72 $41.72 SFD 484 484.0 484.0 484.0 484.0 484,0 484.0 $41.72 $41.72 SFD-NC 107 107.0 107,0 107.0 107.0 $41.72 $41.72 SF Estates 64 64.0 64.0 64.0 64.0 $41.72 $41.72 APT (NAP) 180 108.0 108.0 108.0 108.0 $41.72 $41.72 Non-Res (NAP) 0,65 3.9 3.9 3.9 3.9 $41.72 $41.72 Park-NLL (NAP) 80,81 121.2 121.2 $41.72 $41.72 859.7 605.0 1213.3 979.9 605.0 1213.3 Zbne 8 - The Ridge PARK 0,18 0.3 0.3 0.3 0.3 $23.34 $23.34 SFA 53 42.4 42.4 42.4 42.4 $23.34 $23.34 SFD-NCT 263 263.0 263.0 263.0 $23.34 $23.34 Non-Res (NAP) 2.0 12.0 12.0 12.0 $23.34 $23.34 317.7 317.7 42.7 317.7 Zone 9 - Oaks North Business Park Non-Res 172.04 1,032.2 1,032.2 $59.05 $53.98 1,032.2 1,032.2 Zone 10 - Robertson Ranch East Village APT 78 46.8 46.8 46.8 46.8 $149.06 $14906 SFA 84 67.2 67.2 67.2 67.2 $149.06 $14906 SFD 304 304.0 304.0 304.0 304.0 $149.06 $149.06 Park 17.53 26,30 26.30 26.30 26.30 $149.06 $14906 SFD 16 16,0 16.0 16.0 16.0 $149.06 $149.06 Non-Res (Util) 2.84 17.04 17.04 $111,23 $111.23 Vacant 6.59 9.89 9.89 $111,23 $111.23 Non-Res (NAP) 6.7 40.20 40.20 40.20 40.20 $149.06 $14906 Vacant (NAP) 5.70 8.55 8.55 $111.23 $111.23 500,5 536.0 500.5 536.0 Zbne 11 - Oaks North Residentiai SFD 284 284,0 284.0 284.0 284.0 284.0 284.0 284,0 $7.38 $7.38 SFD (NLL) 43 43.0 43.0 43.0 43.0 43,0 $7.38 $7.38 APT 168 100.8 100.8 100.8 100.8 100,8 $7.38 $7.38 Park 2.26 3.39 3.39 3.39 3.39 3.39 3.39 3,39 $7,38 $7.38 Non-Res (NLL) 5.71 ' 34.26 34.26 34.26 34.26 34.26 $7.38 $7.38 287.4 465.5 465.5 287.4 465.5 465.5 465.5 Zbne 12-1^ Costa Town Square SFD 63 63.0 63.0 63.0 63.0 63.0 63.0 63,0 $143.14 $143.14 Non-Res 43.61 261.7 261.7 261.7 261.7 261,7 $93.06 $93.06 Vacant 7,67 11.51 11.51 11,51 $86.87 $86.87 63.0 324.7 336.2 63.0 324.7 336.2 336,2 NC = No Collector Lights/Trees NLL = No Local Lights NLT= No Local Trees DU = Dwelling Unit NAP = Not a Part * "me FY 2013-14 Assessment Rate will be the lesser of the Budget Rate and the Maximum Rate FY 12-13 Maximum Rates ($/EDU) $73.62 $220.62 $220.62 $144.32 $57.03 $259.82 $321.30 $396.14 $321.30 $197.67 $321.30 $259.82 $396.14 $321.30 $197.67 $321.30 $321.30 $122.80 $69.89 $69.89 $38.16 $38.16 $53.18 $242.26 $242.26 $242.26 $242.26 $242.26 $122.11 $122.11 $242.26 $122.11 $338.08 $183.02 $183.02 $338.08 $183.02 $410.81 $138.78 $110.65 CPI Adj. 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% FY 13-14 Maximum Rates ($/EDU) $74.72 $223.93 $223.93 $146.48 $57.89 $263.72 $326.12 $402.08 $326.12 $200.64 $326.12 $263.72 $402.08 $326.12 $200.64 $326.12 $326.12 $124.64 $70.94 $70.94 $38.73 $38.73 $53.98 $245.89 $245.89 $245.89 $245.89 $245.89 $123.94 $123.94 $245.89 $123.94 $343.15 $185.77 $185.77 $343.15 $185.77 $416.97 $140.86 $112.31 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 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx City of Carlsbad June 24, 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:\Carlsbad\Annual Admin\FY 13-14\LLMD2\report\LLD2 13-14 Final Rpt.docx z5 Exhibit 2 1 RESOLUTION NO. 2013-17.^ 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 4 7 8 9 10 15 16 17 18 19 20 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, California, has initiated proceedings for the levy of the annual special assessment district pursuant to the terms of the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the State Streets 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 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 by the City Council following a property owner vote, and the proposed assessments to be levied are less than or equal to the allowable maximum rates and; therefore, this Assessment District is exempt from the procedures pursuant to California Article XIIID § 5 (a); and 2-1 WHEREAS, at this time, a public hearing has been held relating to the levy of the 22 annual assessments, and the City Council is now satisfied with the assessment and 23 diagram and all other matters as contained in the Engineer's Report (the "Report") as 24 now submitted for final consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitations are true and correct. Exhibit 2 1 PROTESTS 2 SECTION 2. That all protests and objections of every kind and nature be, and ^ the same hereby are, overruled and denied. CONFIRMATION SECTION 3. That the final assessment and diagram for the proceedings, as contained in the Engineer's Report, are hereby approved and confirmed. 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 set ^0 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 year are hereby confirmed and levied upon the respective lots or parcels of land in the Assessment District in the amounts as set forth in the final Report. It is hereby further determined that all assessments have been apportioned properly in accordance with the benefits that each parcel receives from the proposed maintenance works of improvement. FILING AND RECORDING 4 5 6 7 8 9 14 15 16 17 18 19 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 San Diego County Auditor. Said filing is 26 to be made no later than the third Monday in August, or as required by the County of 27 San Diego 28 1? Exhibit 2 1 ENTRY UPON THE ASSESSMENT ROLL 2 SECTION 8. That after the filing of the diagram and assessment, the San Diego ^ County Auditor shall enter on the County of San Diego Assessment Roll, opposite each lot or parcel of land, the amount assessed thereupon. COLLECTION AND PAYMENT SECTION 9. The assessments shall be collected at the same time in the same manner as County of San Diego taxes are collected, and all laws providing for the collection and enforcement of County of San Diego taxes shall apply to the collection ^ 0 and enforcement of the assessments. 11 FISCAL YEAR 12 SECTION 10. That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2013 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and ending June 30, 2014. 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 ofthe City Council ofthe City of Carlsbad on the 9th day of July 2013, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Wood, Blackburn, Douglas. None. Council Member Packard. BARBARA ENGLESON,^ty Clerk (SEAUx^*''''"/,, SanlDiei P.O. Box 120191, San Die AFFIDAVIT OF F STATE OF CALIFORNL\} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she isandatall times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that he is not a party to, nor interested in the above entided matter; that he is Chief Clerk for the publisher of The San Diego Union-Tribune - North County a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: June29^ 2013 Chief Clerk for the Publisher Jane Allshouse On this 01'*, day of July, 2013 RESOLUTION NO^ 20T3T.121A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN TWO SPECIAL ASSESSMENT DISTRICTS, AND SETTING A TIME ANO PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Carlsbad, California, has previously formed two special assessment districts pur-suant 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 dis-tricts Itnown and designated as Street Lighting and Landscaping District No. 1 and Street Lighting ond Landscaping District Na. 2 (hereinafter referred to as the "Assessment Districts"); and WHEREAS, the Assessment Districts are existirig assessment districts In which assessments are not proposed to be increased, and are exempt from the procedures and requirements of all as-sessments under Cailfornio Constitution Article XIIID §5 (a); and • . WHEREAS^ the City Council wishes \evy assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements with-in the Assessment Districts; and WHEREAS, there has been presented and approved by this City Council the Engineer's Report (tha "Report*), as required by law, and this City Council Is desirous of contlnulnir with the pro-ceedings for said annual levy; and WHEREAS> the Improvemehts to be maintained shall consist of all originally designated and authorized improvements, as well as certain, new and additional Improvemehts.? NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council of the City of Carlsbadi Caii-fomia hereby continues the pubiic hearing previously set on May Ui 2013 through Resolutions 2013-109 and 2013-112, from June 25, 2013 to July 9, 2013 for Lighting and Landscaping Dis-tricts No. 1 and No. 2. SECTION 3. That the pubiic interest and convenience requires, and It Is the intention of the City Council to levy and collect as-sessments to pay the ahnual costs and expenses for the mainte-nance qnd/or servicing of the improvements for the Assessment Districts, the improvements generally described as follows: The maintenance of certain street iighting Improvements, street trees, and median landscaping improvements, a$ set forth and desicribed in the Report. The proposed new improvements to be maintained and serviced caused generally by new development are described as follows: The maintenahce of certain additional street lighting improve-ments and additional landscaping improvements, including re-placement of street trees and median landscaping improve-ments, ail as set forth and described In the Report, which Is hereby ordered to be kept on file and open for public inspection in the Office of the City Clerit. PUBLIC HEARING SECTION 3. Notice is hereby given that a public hearing is scheduled In the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time: • • • • • Tuesday, July 9,2013, at 6:00 p.m. At that time this legislative body wili hear protests or obiectibns in reference to the annual levy of assessments and to any other matters contaified in this resolutloni Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Cleric prior to the time set for the public hearing, if there is a maiority protest agaihst the levy of an an-nual assessment that is increased from the previous year, the proposed increase In the assessments shall be abandoned. A maiority 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. NOTICE SECTION 4. That the City Clerk is hereby authorized and direct-ed 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 Carlslsad, said publlcatloh to be completed not less than ten (10) days prior to the date set for the public hear-ing. PROCEEDINGS INQUIRIES/PROTESTS SECTION 5. For any and all information relating to these pro-ceedings, including information relating to protest procedure, your attention Is directed to the person designated below: DENNIS A. ANDERSON ASSESSMENT ENGINEER HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 2334 Owners of property within the Assessment District may mail written protests to the following address: CITY CLERK CITY OF CARLSBAD . 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Citv Council of the City of Carlsbad On the 28th day of May, 2013, by the following vote> to wit: AYES: Council Members Hall, Packard, Wood, Blackburn, Douglas. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESOtJ, City Clerk V (SEAL) £ Pub: 4'29/13 1 211 RESOLUTION NO. 2013-121 15 16 17 18 19 20 ^ A RESOLUTION OF THE CITY COUNCIL OF THE 4 CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY 5 AND COLLECTION OF ASSESSMENTS IN TWO SPECIAL ASSESSMENT DISTRICTS, AND SETTING 6 A TIME AND PLACE FOR A PUBLIC HEARING THEREON 7 8 WHEREAS, the City Council of the City of Carlsbad, California, has previously 9 -10 formed two special assessment districts pursuant to the terms of the Landscaping and 11 Lighting Act of 1972, (Division 15, Part 2 of the State Streets and Highways Code, 12 commencing with Section 22500), said special assessment districts known and 13 designated as Street Lighting and Landscaping District No. 1 and Street Lighting and Landscaping District No. 2 (hereinafter referred to as the "Assessment Districts"); and WHEREAS, the Assessment Districts are existing assessment districts in which assessments are not proposed to be increased, and are exempt from the procedures and requirements of all assessments under California Constitution Article XIIID § 5 (a); and WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal 21 year to provide for the costs and expenses necessary to pay for the maintenance of the 22 improvements within the Assessment Districts; and 23 WHEREAS, there has been presented and approved by this City Council the 24 Engineer's Report (the "Report"), as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy; and 26 27 28 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 WHEREAS, the improvements to be maintained shall consist of all originally designated and authorized improvements, as well as certain new and additional improvements. 1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: ^ RECITALS ^ SECTION 1. That the above recitals are all true and correct. 4 5 6 7 8 9 10 SECTION 2. That the City Council of the City of Carlsbad, California hereby continues the public hearing previously set on May 14, 2013 through Resolution s 2013- 109 and 2013-112, from June 25, 2013 to July 9, 2013 for Lighting and Landscaping Districts No. 1 and No. 2. SECTION 3. 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 11 expenses for the maintenance and/or servicing of the improvements for the Assessment 12 Districts, 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 additional landscaping improvements, including replacement of street trees and median landscaping improvements, all as set forth and described in the Report, which is hereby 21 ordered to be kept on file and open for public inspection in the Office of the City Clerk. 22 PUBLIC HEARING 23 SECTION 3. 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 25 following date and time 26 Tuesday, July 9, 2013, at 6:00 p.m 27 " 28 14 15 16 17 18 19 20 4 5 6 7 8 9 1 At that time this legislative body will hear protests or objections in reference to the 2 annual levy of assessments and to any other matters contained in this resolution. Any ^ persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50% of the assessable area of land within ^ 0 the District. 11 NOTICE 12 SECTION 4. That the City Clerk is hereby authorized and directed to give notice '13 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 5. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person 14 15 16 17 18 19 20 designated below: 21 DENNIS A. ANDERSON ASSESSMENT ENGINEER 22 HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 2334 23 Owners of property within the Assessment District may mail written protests to the following address: 24 CITY CLERK 26 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE 27 CARLSBAD, CA 92008 // 28 " 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the 28^" day of Mayr2013, by the following vote, to wit: 3 4 5 6 7 8 9 10 11 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Hall, Packard, Wood, Blackburn, Douglas. NOES: None. ABSENT: None. MATT HALL, Mayor 12 ATTEST: 13 14 15 BARBARA ENGLESON, City Clerk 16 (SEAL) STATE OF CAUFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Senior Deputy Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copies with the original FINAL ANNUAL ENGINEER'S REPORTS. FISCAL YEAR 2013-14 FOR THE CITY OF CARLSBAD STREET UGHTING AND LANDSCAPING DISTRICT NOS 1 AND 2. with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and ofthe whole thereof. Witness my hand and the seal of said City of Carlsbad, this llth day of July 2013. fHERRY ^ISINGER 'SENIOR DEPUTY CL (SEAL) A, CITY OF V CARLSBAD Office of the City Clerk www.carlsbadca.gov July 11, 2013 Tracy Sandoval General Manager Finance and General Government/ Auditor and Controller County Administration Center 1600 Pacific Highway, Rm 166 San Diego, CA, 92101 Dear Ms. Sandoval: Please find enclosed the certified copies ofthe Final Annual Engineer's Reports for Fiscal Year 2013-14 containing the assessment rolls and diagrams for the City of Carlsbad Street Lighting and Landscaping District Nos. 1 and 2. These reports were adopted by Resolution Nos. 2013- 174 and 2013-175 respectively, on July 9, 2013 by the City Council ofthe City of Carlsbad. If you have any questions or need additional information, please do not hesitate to contact me at 760-434-2809. Sincerely, 'REISINGI Senior Deputy Clene' Records Management 1200 Carlsbad Village Drive, Carlsbad, CA 92008-1949 T 760-434-2808 ©