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HomeMy WebLinkAbout2016-05-17; City Council; 22297; Adopt Resolution declaring assessment ballot tabulation, annexing Robertson Ranch West Village to Street Lighting and Landscape District 2Item 9; page 1 CITY OF CARLSBAD-AGENDA BILL AB# 22,297 ADOPT RESOLUTION DECLARING THE RESULTS OF THE DEPT. DIRECTOR 0~ DATE 05/17/16 ASSESSMENT BALLOT TABULATION, ANNEXING THE CITY ATIY. /-IS- ROBERTSON RANCH WEST VILLAGE DEVELOPMENT TO STREET LIGHTING AND LANDSCAPING DISTRICT NO.2, ORDERING MAINTENANCE WORK AND CONFIRMING THE v;vtl DEPT. ASD/FIN DIAGRAM AND ASSESSMENT CITY MGR. RECOMMENDED ACTION: That a public hearing be held to consider a staff report, receive public comment and adopt a Resolution declaring the results of the assessment ballot tabulation, annexing the Robertson Ranch West Village development to Street Lighting and Landscaping District No. 2, ordering maintenance work and confirming the diagram and assessment. 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 developed parts of the city are paid from assessments within Street Lighting and Landscaping District No. 1 (District No. 1). Since 2003, larger communities within the city have been annexed into District No. 2. 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 14 zones in District No. 2 including Calavera Hills II, Kelly Ranch, the Oaks South, Thompson/Tabata, Palomar Forum/Carlsbad Raceway, Bressi Ranch, the Greens, the Ridge, the Oaks North Industrial, the Oaks North Residential, Robertson Ranch East Village, La Costa Town Square, Fair Oaks Valley and Quarry Creek developments. All of the planning areas as shown on the map for Robertson Ranch West Village in the Engineer's Report (Attachment A) except for Planning Area 12 and 13 will be annexed into Zone 15 for Robertson Ranch West Village. Planning area 13 will be annexed into the existing Lighting and Landscaping District No. 2, Zone 10 for Robertson Ranch East Village because this area benefits from the improvements from Zone 10 and not from the improvements in Zone 15. Planning area 12 was previously annexed into Zone 10 for Robertson Ranch East Village on December 16, 2008. DEPARTMENT CONTACT: Roxanne Muhlmeister 760-602-2417 Roxanne.Muhlmeister@carlsbadca.gov FOR CLERK USE. v{ COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D DENIED CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D REPORT RECEIVED D Item 9; page 2 Robertson Ranch West LLD #2 Annexation 05/17/16 Page 2 of 2 There are two property owners within Robertson Ranch West Village: Rancho Costera, LLC and Shapell SoCal Rental Properties, LLC. The city has prepared an Engineer's Report for Zone 15 and Zone 10 which identifies the proportional special benefit derived by each individual parcel in relationship to the entirety of the capital cost and maintenance and operational expenses of the public improvements, and which separates the general benefits from the special benefits conferred on a parcel. Assessment ballots were mailed to the two property owners and completed ballots will be opened by the City Clerk during the public hearing. If a majority protest exists, the City Council shall not impose an assessment within the maintenance district. In tabulating the assessment ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. FISCAL IMPACT: If annexation is approved, the parcels within this development will not be assessed until the 2016-17 Fiscal Year. The maximum annual assessment rate is the maximum 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, a portion of the improvements will be maintained by the homeowners association (HOA). In order to determine the actual annual assessment, the calculated cost of maintaining any improvement, which is borne by an HOA, will be subtracted from the maximum annual assessment. The maximum assessment rate can only increase by the change in the Consumer Price Index (CPI) on an annual basis. The maximum annual assessment rate per equivalent dwelling unit (EDU) is calculated at $253.32 for Zone 10 and $271.09 for Zone 15 for Fiscal Year 2015-16. These assessments vary depending on the amount and types of improvements being maintained in each area. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. PUBLIC NOTIFICATION: Information regarding public notifications ofthis item such as mailings, public hearing notices posted in the newspaper and on the City website are available in the Office of the City Clerk. EXHIBITS: 1. A Resolution declaring results of the assessment ballot tabulation, annexing the Robertson Ranch West Village development to Street Lighting and Landscaping District No. 2, ordering maintenance work and confirming the diagram and assessment. Item 9; page 3 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 RESOLUTION NO. 2016-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, ANNEXING THE ROBERTSON RANCH WEST VILLAGE DEVELOPMENT TO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ORDERING MAINTENANCE WORK AND CONFIRMING THE DIAGRAM AND ASSESSMENT EXHIBIT 1 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has undertaken proceedings to form and did form a special maintenance district and to authorize the levy of assessments therein to finance the annual maintenance and servicing of certain landscaping and lighting improvements ("Improvements") pursuant to the terms of the Landscaping and Lighting Act of 1972, being Division 15, Part 2 ofthe Streets and Highways Code of the State of California ("Landscaping Act"), Article XIIID of the Constitution of the State of California "Article XIIID" and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.) ("Implementation Act") (Landscaping Act, Article XIIID and the Implementation Act may be collectively referred to as "Assessment Law"), such special maintenance district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ("Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act authorize and establish procedures for the annexation of territory to the Maintenance District; and WHEREAS, on March 22, 2016, the City Council received and approved a report (Attachment A) dated March 8, 2016 from the Assessment Engineer (the "Engineer's Report"). WHEREAS, at this time all notice and public hearing requirements have been met relating to the annexation and levy of the annual assessments to the Maintenance District for the Robertson Ranch West Village development. Item 9; page 4 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California California, as follows: 1. That the above recitations are true and correct. 2. This City Council hereby finds and determines that the procedures for the consideration of the levy of the assessments have been undertaken in accordance with the Assessment Law. 3. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the Maintenance District which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the public hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments as shown in the Assessment Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within the Maintenance District has been found to exist. 4. This City Council hereby orders the annexation of territory to the Maintenance District in Zones 10 and 15. 5. Based upon the Assessment Engineer's Report and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the maximum assessments proposed to be levied: Item 9; page 5 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 a. The proportionate special benefit derived by each individual parcel to be assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments will not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits will be assessed. d. There is one parcel within the Maintenance District that is owned by a local government, i.e., the City of Carlsbad that specially benefits from certain of the improvements to be maintained and serviced. Such parcel has been assessed in an amount equal to the reasonable cost of the proportional special benefit conferred on such parcel. There are no other parcels within the Maintenance District that are owned or used by a local government, the State of California or the United States. The maximum assessments as shown in the Assessment Engineer's Report will be increased each Fiscal Year without further compliance with the assessment ballot procedures required under the Assessment Law by the annual increase in the Consumer Price Index (CPI), during the preceding year ending in March, for All Urban Consumers for the San Diego County area. 6. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. Item 9; page 6 7. The above-referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. 8. Effective Date. This Resolution of Intention shall take effect immediately upon its adoption. Item 9; page 7 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 17th day of _ _____:_:M:..!_!a~v __ , 2016, by the following vote to wit: AYES: Hall, Schumacher, Blackburn. NOES: None. ABSENT: Wood, Packard. MATT HALL, Mayor ATIEST: Item 9; page 8 ATTACHMENT A Engineer's Report for Annexation for the City of Carlsbad Street Lighting and Landscaping District No. 2 Zone 10 {Robertson Ranch East Village) Zone 15 {Robertson Ranch West Village) Prepared for the City of Carlsbad San Diego County, California March 8, 2016 Item 9; page 9 City of Carlsbad March 8, 2016 Street Lighting and Landscaping District No. 2, Zones 10 & 15 Engineer's Report Page i TABLE OF CONTENTS Introduction .................................................................................................................. 1 Certificates .................................................................................................................... 2 Report ........................................................................................................................... 3 Part A-Plans and Specifications ............................................................................ 5 Part B-Estimate of Cost ......................................................................................... 7 Part C-Method of Apportionment of Assessment.. .............................................. 8 Part D -Assessment Roll ....................................................................................... 16 PartE-Assessment Diagram ................................................................................ 17 I Harris & Associates Item 9; page 10 City of Carlsbad Street lighting and Landscaping District No. 2, Zones 10 & 15 Engineer's Report INTRODUCTION March 8, 2016 Page 1 The City Council of the City of Carlsbad previously formed Street Lighting and Landscaping District No. 2 ("SLLD No. 2") pursuant to the terms of the "Landscaping and Lighting Act of 1972" (the "Act"), which is Division 15, Part 2 of the Streets and Highways Code of the State of California. The purpose of SLLD No. 2 is to finance the costs and expenses of the ongoing maintenance of street lights, street trees and/or medians (the "SLLD No. 2 Improvements") that specially benefit properties within SLLD No. 2 and the costs and expenses of administering SLLD No. 2. These costs and expenses are financed through the levy of assessments on properties within SLLD No. 2 which specially benefit from the SLLD No.2 Improvements. The provisions of the Act authorize the City Council to undertake proceedings to order the annexation of territory to SLLD No. 2. The proceedings to annex territory to SLLD No. 2 includes the adoption by the City Council of resolutions initiating the annexation proceedings, ordering the preparation of a report described below and declaring the intention of the City Council to annex the territory to SLLD No.2 and setting of a public hearing on the proposed annexation, the provision of notice of the time and place of such public hearing, the opportunity for any interested person to be heard at such public hearing and the right of majority protest to such annexation. This report constitutes the Engineer's Report for the Annexation of the Robertson Ranch West Village Development into SLLD No. 2. There are currently 14 Zones of Benefit within the SLLD No. 2, with each zone having different types of Improvements to be maintained and serviced. The Robertson Ranch West Village development is located on the north east corner of El Camino Real and Tamarack Avenue. 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. Based on the types of improvements and their location, the Robertson Ranch Development will be annexed in two separate parts. Planning Area 13 is part of the Robertson Ranch West Village development, however it takes access off of Cannon Road and Wind Trail within the existing Zone 10 -Robertson Ranch East Village. Previously Planning Area 13 was excluded from the original Zone 10 annexation into SLLD No. 2. Now that Planning Area 13 is being developed and includes additional improvements, Planning Area 13 is being annexed into the existing Zone 10-Robertson Ranch East Village. The remainder of the Robertson Ranch West Village development will be annexed into SLLD No. 2 as Zone 15-Robertson Ranch West Village. I Harris & Associates Item 9; page 11 City of ~arJslla~ Street Lighting and Landscaping District No.2.: Zones 10 & 15 Engineer!s Report CITY OF CARLSBAD· ANNEXATION INTO STREETLIGHTING AND LANDSCAPING DISTfRCTNO; 2 ;ZONE 10 {ROBERTSON RANCH EAST) Z()I\IE 15(ROBERTSON RANt~ WESt) ENGINEER'S REPORT CERTifiCATES March 8, 2016 P13ge 2 The undersignep af:ting on behalf of Harris &. Associates, respectfully submits the enclosed Engineer's Report Cis directed by City Council pursuantto the provisions of Sectioll4 of Article XIIID of the California Constitution, and provisions ofthe landscaping and Lighting Act of 1972, Section 22500 et seq. ofthe California Streets and HighWays Code. The undersigned certifies that she is a Professional Engineer, registered in theState.o.f California~ Pated; Marcb 8, 201£? BY: Anna C. Tan-Gatue, PE RIE 14356 I 1-itREBY CERtiFY that the ehclosed Engineer's Report, togethe~; With Assessment Roll and Assessment Diagrarnthereto attached, was. filed with .me on the ~ .. J'""Ciayof 7!ku&L , 2016. Barbara Engleson, Citi,fCferk City of Carlsbad San Diego Col.mty, CaJjfQrniC! I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Di~gra~ thereto attached, was approvCed and confirmed by the City Council of the City of Carlsbad Caltforma; ontbe ;zpAday of~&/' . .. , 2016, Barbara Engleson; City Clerk City of Carlsbad San Diego CQunty, California ~~Jvb,v ~ (~'---·· .,liarris & J\S$Od~tes Item 9; page 12 City of Carlsbad Street Lighting and landscaping District No. 2, Zones 10 & 15 Engineer's Report FISCAL YEAR 2015-16 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.} March 8, 2016 Page 3 Pursuant to landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) (the "1972 Act"), Article XIIID of the California Constitution ("Article XI liD") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act" and together with the 1972 Act and Article XI liD, the "Assessment Law") and in accordance with the Resolution of Initiation, adopted by the City Council of the City of Carlsbad, State of California, in connection with the proceedings for: ANNEXATION INTO STREET LIGTHING AND LANDSCAPING DISTRICT NO. 2 ZONE 10 (ROBERTSON RANCH EAST VILLAGE} ZONE 15 (ROBERTSON RANCH WEST VILLAGE} hereinafter referred to as the "Maintenance District" or "District", I, Anna C. Tan-Gatue, 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 benefits to be received by such lots and parcels. PART D-ASSESSMENT ROLL Identifies the maximum assessment to be levied on each benefited lot or parcel of land within the Maintenance District. I Harris & Assodates Item 9; page 13 City of Carlsbad Street Lighting and landscaping District No. 2, Zones 10 & 15 Engineer's Report PART E-ASSESSMENT DIAGRAM March 8, 2016 Page 4 Contains a Diagram of the exterior boundary of the Maintenance Districts, including the modified Zone 10 and new Zone 15. I Harris & Associates Item 9; page 14 City of Carlsbad Street Lighting and Landscaping District No. 2, Zones 10 & 15 Engineer's Report PART A PLANS AND SPECIFICATIONS March 8, 2016 Page 5 The improvements, which have been constructed or which may be subsequently constructed within and adjacent to the Maintenance District and that will be serviced and maintained, and the proposed maintenance and services are generally described as follows: DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The proposed improvements (collectively, the "Improvements") proposed to be maintained and serviced are generally described as follows: Landscaping and Appurtenant Improvements Landscaping improvements (collectively, the "Landscaping Improvements") include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures in public street and sidewalk rights-of-way, including medians, parkways and other easements dedicated to the City of Carlsbad within the boundaries of the Maintenance District. Street Lighting and Appurtenant Improvements Street lighting improvements (collectively, the "Street Lighting Improvements") include but are not limited to: poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and other easements dedicated to the City of Carlsbad within the boundaries of the Maintenance District. The public lighting system shall be maintained to provide adequate illumination. Electricity for streetlights shall be furnished by San Diego Gas & Electric (SDG&E), and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission. DESCRIPTION OF MAINTENANCE AND SERVICES Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the Landscaping Improvements and the Street Lighting Improvements facilities and appurtenant facilities, including repair, 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, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. I Harris & Associates Item 9; page 15 City of Carlsbad Street Lighting and landscaping District No. 2, Zones 10 & 15 Engineer's Report March 8, 2016 Page 6 Servicing means the furnishing 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 furnishing of electric current or energy, gas or other illuminating agent for the Street Lighting Improvements, or for the lighting or operation of the Landscaping Improvements or appurtenant facilities. The Street Lighting Improvements shall be maintained to provide adequate illumination. Electricity for streetlights shall be furnished by SDG&E, and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission. The following provides descriptions of the Annexation Zones of Benefit within the Maintenance District: Zone 10-Encompasses the east village of Robertson Ranch Development, a residential development located on the north east corner of Cannon Rd and College Blvd, and funds the operation and maintenance of street lighting, street trees, and medians. Zone 15-Encompasses the west village of Robertson Ranch Development, a residential development located on the north east corner of El Camino Real and Tamarack Avenue, 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. I Harris & Associates Item 9; page 16 City of Carlsbad Street Lighting and Landscaping District No. 2, Zones 10 & 15 Engineer's Report PARTB ESTIMATE OF COST March 8, 2016 Page 7 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 2015-16. 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. The estimated maximum annual maintenance costs for Zone 10 (Robertson Ranch East) including Planning Area 13 and newly created Zone 15 (Robertson Ranch West Village) for FY2015-16 are calculated as follows: Maximum O&M Repl. Total Annual Maximum Assessed Unit Unit O&M/Repl. Admin. Costs FY15-16 Quantity Cost Cost Costs Costs to Asmt Asmt Zone 10 (Robertson Ranch East Village) 40W Light 72 each $132.26 $168.61 $21,663 $220 $21,883 * 100W Light 23 each $150.15 $150.36 $6,912 $70 $6,982 Trees 633 each $96.74 $0.00 $61,236 $623 $61,859 Medians 66,500 sf $0.44 $0.50 $62,694 $638 $63,332 $154,056 $143.489 Zone 15 (Robertson Ranch West Village) 40W Light 23 each $132.26 $168.61 $6,920 $70 $6,990 Collector 40W Light 10 each $132.26 $168.61 $3,009 $31 $3,040 Collector 100W Light 3 each $168.38 $168.61 $1,011 $10 $1,021 * 40W Light 1 each $117.94 $150.36 $268 $3 $271 * 100W Light 7 each $150.15 $150.36 $2,104 $21 $2,125 Local Trees 264 each $96.74 $0.00 $25,539 $260 $25,799 Collector Trees 170 each $96.74 $0.00 $16.446 $167 $16,613 + Arterial Trees 104 each $86.19 $0.00 $8,964 $91 $9,055 Medians 23,083 sf $0.44 $0.50 $21,762 $221 $21,983 $86,897 $86,897 .. * These lights are on artenal roadways, therefore the O&M and Repl. costs ha~.e been multiplied by 89.2% (This is to account for the 10.8% General Benefit for Arterial Roadways) + These trees are on arterial roadways, therefore the O&M costs ha~.e been multiplied by 89.1% (This is to account for the 1 0. 9% General Benefit for Street Trees on Arterial Roadways) I Harris & Associates Contribution From City $10,567 $0 Item 9; page 17 City of Carlsbad Street Lighting and landscaping District No. 2, Zones 10 & 15 Engineer's Report PARTC METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL March 8, 2016 Page 8 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. I Harris & Associates Item 9; page 18 City of Carlsbad Street Lighting and landscaping District No. 2, Zones 10 & 15 Engineer's Report General Benefit. There are no general benefits associated with local lighting. Arterial Lighting. March 8, 2016 Page 9 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. I Harris & Assodates Item 9; page 19 City of Carlsbad Street Lighting and landscaping District No. 2, Zones 10 & 15 Engineer's Report FY 2015-16 COST ESTIMATE COMPARISON OF ELECTRICAL COSTS FOR THE VARIOUS STREET LIGHTS WITHIN THE CITY Annual Annual Amount Cost per Light $115,704.00 $24.00 $115,704.00 High wattage lights for arterial streets· 70 103 $3.52 $362.56 $4,350.72 $42.24 85 19 $4.28 $81.32 $975.84 $51.36 100 1,600 $5.01 $8,016.00 $96,192.00 $60.12 150 553 $7.51 $4,153.03 $49,836.36 $90.12 200 151 $10.03 $1,514.53 $18,174.36 $120.36 250 15 $12.55 $188.25 $2,259.00 $150.60 Subtotal-2 2,441 $171,788.28 Total 7,262 $287,492.28 General Benefit= $113,204.28 FY 2015-16 Lighting Budget Amount $1,073,689 FY 2015-16 Public Parcel Contribution $28,000 Total Est. Cost Less Public Parcel Contribution* $1,045,689 !General Benefit Percentage 10.8%1 • Based on preliminary budget estimates March 8, 2016 General Benefit Page 10 $0.00 $0.00 $1,878.72 $519.84 $57,792.00 $36,564.36 $14,550.36 $1,899.00 $113,204.28 Therefore, 10.8% of the Street Lighting Improvements on the city's arterial roadways are considered general benefit, and only 89.20% 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. I Harris & Associates Item 9; page 20 City of Carlsbad Street Lighting and landscaping District No. 2, Zones 10 & 15 Engineer's Report March 8, 2016 Page 11 111 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. 111 There are no general benefits associated with local street trees. 111 Street trees along the arterial roadways provide aesthetic benefits to people walking through the city. Per the 2005 Traveler Opinion and Perception Survey conducted by the Federal Highway Administration, approximately 10.9% of all trips are considered Walking Trips. Therefore, 10.9% of the Street Tree Improvements of the city's arterial roadways are considered general benefit, and only 89.1% of these Street Tree improvements will be used to estimate the special benefit costs. 111 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 two zones of benefit included in this Annexation. Zone 10 -Robertson Ranch East Village. The Robertson Ranch East Village development is located on the north east corner of Cannon Road and College Boulevard. It is comprised of varying types of land uses that receive special benefit from the street trees, street lighting, and medians within and directly adjacent to the development. Planning Area 13 is part of the Robertson Ranch West Village development, however it takes access off of Cannon Road and Wind Trail within the Robertson Ranch East Village. Previously Planning Area 13 was excluded from the original Zone 10 annexation. Now that Planning Area 13 is being developed and includes additional improvements, Planning Area 13 being annexed into the existing Zone 10-Robertson Ranch East Village. There is a 78-unit apartment complex ("APT"), 84 single-family attached units ("SFA"), 320 single-family detached units ("SFD"), a total of 2.02 acres of designated recreation areas ("Park"), a 15.51 acre Fire Station ("Non-Res") that all have local street lights and I Harris & Assodates Item 9; page 21 City of Carlsbad Street lighting and landscaping District No. 2, Zones 10 & 15 Engineer's Report March 8, 2016 Page 12 trees in the public streets directly adjacent to them. There are 23 SFD's and a 0.44 acre Park that are part of Planning Area 13 that have local street lights and trees in the public street directly adjacent to them. Both Planning Area 13 and the 15.51 acre Fire Station ("Non-Res") are part of the Robertson Ranch West Village, but are directly adjacent to the East Village and take access off of Cannon Road and Wind Trail Way. There is a 6.59 acre unplanned area ("Vacant") and a 2.84 acre Water Quality Facility ("Non-Res (Util}") that do not have public local street lights or street trees. A 5.7 acre option parcel ("Vacant-NAP") are within the development and are taken into consideration when spreading special benefit, but is not part of this annexation. It is anticipated that the HOA will maintain the local lighting and street trees. The City and the owners of the land within Robertson Ranch have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 10 for the maintenance of the local street lights and 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 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 College Blvd and Cannon Rd. The entire development also benefits ,from medians in Cannon Road and College Blvd. There will be approximately 2,350 linear feet of medians in Cannon Road along the south east side of the development (which equals approx. 44,650 sf of medians based on a typical 19' width), and approximately 1,150 linear feet of medians in College Blvd along the easterly side of the development (which equals approx. 21,850 sf of medians based on a typical 19' width). The Robertson Ranch development is on both the north and south side of Cannon Road and the east and west side of College Blvd and will benefit from the improved aesthetics of the medians; therefore the entire benefit from the medians in both Cannon Road and College Blvd is apportioned to the Robertson Ranch development (66,500 sf of medians total in Cannon Road and College Blvd}. Zone 15-Robertson Ranch West Village. The Robertson Ranch West Village development is located on the north east corner of El Camino Real and Tamarack Avenue. 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 a total of 1.66 acres of designated recreation areas ("Park") in Planning Area 6 and a total of 173 single-family detached units ("SFD") in Planning Areas 3 and 6 that have local street lights and trees in the public streets directly adjacent to them. There are a total of 364 apartment units ("APT") in Planning Areas 7 and 8, 14.85 acres of designated commercial areas ("Non-Res") in Planning Area 11, 1.20 acres of designated recreation areas ("Park-NLL") in Planning Area 4 are on designated collector streets, and I Harris & Assodates Item 9; page 22 City of Carlsbad Street lighting and Landscaping District No. 2, Zones 10 & 15 Engineer's Report March 8, 2016 Page 13 therefore are not considered to have any local street lights or street trees directly adjacent to them. There are 0.40 acres of Park-NLL in Planning Area 9/10 and 111 single- family detached units ("SFD-NLL") in Planning Areas 5 and 9/10 that are on private streets, and therefore are not considered to have any local street lights or trees directly adjacent to them. There is also 1.78 acres of designed commercial area ("Non-Res-NC") in Planning Area 2 that i$ located off of El Camino Real that does not benefit from local or collector street lighting or trees. Robertson Road (from Tamarack Avenue to the landscaping circle and from Wellspring Street to West Ranch Street), West Ranch Street, and the public portion of Gage Drive are designated as Collector Streets. The street lights and street trees along these streets are classified as Collector 40W Lights, Collector 100W Lights, and Collector Trees. The annual cost to maintain these collector improvements will be spread among the development areas that are directly adjacent to and take access from the Collector Streets. These include the Park, Park-NLL, SFD, SFD-NLL, APT and Non-Res. The Non-Res- NC development area does not receive special benefit from the trees and lights on the Collector Streets. It is anticipated that the HOA will maintain the local lighting and street trees. The City and the owners of the land within Robertson Ranch have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 15 for the maintenance of the local street lights and 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 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 and Tamarack Avenue. The entire development also benefits from medians in El Camino Real and Tamarak Avenue. There will be approximately 44,726 square feet of medians in El Camino Real along the south side of the development and approximately 1,440 square feet of medians in College Blvd along the easterly side of the development. The Roberson Ranch West Village is on the north side of El Camino Real and the east side of Tamarak Avenue. The developments on the opposite sides of El Camino Real and Tamarak Avenue will benefit from the improved aesthetics of the medians directly adjacent to this property; therefore 50% of the benefit for the medians in El Camino Real and Tamarak Avenue is apportioned to the Robertson Ranch West Village (22,363 sf of medians in El Camino Real and 720 sf of medians in Tamarak Avenue). I Harris & Assodates Item 9; page 23 City of Carlsbad Street Lighting and Landscaping District No. 2, Zones 10 & 15 Engineer's Report ASSESSMENT APPORTIONMENT AND RATES Equivalent Dwelling Units March 8, 2016 Page 14 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 ("EDUs11 ) in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights, street trees and medians. The single-family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Single Family Attached (SFA) Residential. SFA residential uses, including condominiums, are given a factor of 0.80 EDU per dwelling unit. Based on data from representative cities in Southern California, the SFA residential factor of 80 percent is determined by the statistical proportion of relative trip generation from various types of residential uses, in combination with population density per unit. Apartment (APT) Residential. APT residential uses, also known as multi-family residential uses, are given a factor of 0.60 EDU per dwelling unit. Based on data from representative cities in Southern California, the APT residential factor of 60 percent is determined by the statistical proportion of relative trip generation from various types of residential uses, in combination with population density per unit. Non-Residential (Non-Res). In converting improved non-residential properties to EDUs, the factor used is the City of Carlsbad average size for a SFD residential lot, which is 1 dwelling unit per 7,500 sq. ft, or approximately 6 dwelling units per acre. Therefore, Non-Res parcels will be assessed 6 EDU per acre or any portion thereof. Vacant/Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at the rate of 25% of Non-Res properties, or 1.5 EDU per acre or any portion thereof. Open Space. Parcels designated as open space do not receive special benefits from the Improvements and are therefore exempt from the assessment. The following table summarizes the EDU formula described above. I Harris & Assodates Item 9; page 24 City of Carlsbad Street Lighting and Landscaping District No. 2, Zones 10 & 15 Engineer's Report EDU Formula Land Use Single Family Detached Res (SFD) Single Family Attached Res (SFA) Apartments (APT) Developed Non-Residential (Non-Res) Vacant I Park Open Space DU = Dwelling Unit March 8, 2016 Page 15 EDU Rate 1.0 I DU 0.8 I DU 0.6 I DU 6.0 I acre 1.5 I acre 0.0 I acre The following tables provide the EDU's for the various types of special benefits associated with each Zone, FY 2015-16 budget rates and the calculated maximum assessment rates for FY 2015- 16. The FY 2015-16 assessment rate will be the lesser of the budget rate and the maximum rate. Estimated FY 2015-16 Assessment Allocation and Rates FY 15-16 FY 15-16 Local Collector Arterial Collector Arterial Budget Maximum FY 15-16 Light Light Light Tree Tree Tree Median Rate Rates Maximum Development DU Acres EDU EDU EDU EDU EDU EDU EDU ($/EDU) ($/EDU) Asmt Zone 10-Robertson Ranch East Village *APT 78 46.80 46.80 46.80 46.80 $270.56 $253.32 $11,855.38 * SFA 84 67.20 67.20 67.20 67.20 $270.56 $253.32 $17,023.10 --* SFD 304 304.00 304.00 304.00 304.00 $270.56 $253.32 $77,009.28 * Park 2.02 3.03 3.03 3.03 3.03 $270.56 $253.32 $767.56 * SFD 16 16.00 16.00 16.00 16.00 $270.56 $253.32 $4,053.12 * Non-Res (Util) 2.84 17.04 17.04 $119.33 $127.69 $2,033.43 *Vacant 6.59 9.89 9.89 $119.33 $127.69 $1,179.61 * Non-Res (Fire Station) 15.51 93.06 93.06 93.06 93.06 $270.56 $253.32 $23,573.96 SFD (PA13) 23 23.00 23.00 23.00 23.00 $270.56 $253.32 $5,826.36 Park (PA13) 0.44 0.66 0.66 0.66 0.66 $270.56 $253.32 $167.19 * Vacant (NAP) 5.7 8.55 8.55 $119.33 $127.69 $0.00 553.8 589.2 553.8 589.2 $143,488.99 Zone 15-Robertson Ranch West Village APT (PA 7) 96 57.6 57.6 57.6 57.6 57.6 $84.24 $84.24 $4,852.51 APT(PA 8) 268 160.8 160.8 160.8 160.8 160.8 $84.24 $84.24 $13,546.59 --Non-Res-NC (P A 2) 1.87 11.2 11.2 11.2 $51.71 $51.71 $580.15 --$84~24-$84.24 $7,506.22 Non-Res (PA 11) 14.85 89.1 89.1 89.1 89.1 89.1 Park (PA 6) 0.74 1.1 1.1 1.1 1.1 1.1 1.1 1.1 $271.09 $271.09 $301.63 Park (PA 6) 0.91 1.4 1.4 1.4 1.4 1.4 1.4 1.4 $271.09 $271.09 $371.91 Park-NLL (PA 4) 1.20 1.8 1.8 1.8 1.8 1.8 $84.24 $84.24 $151.64 Park-NLL (PA 9/10) 0.40 0.6 0.6 0.6 0.6 0.6 $84.24 $84.24 $50.46 SFD (PA 3) 87 87.0 87.0 87.0 87.0 87.0 87.0 87.0 $271.09 $271.09 $23,585.12 SFD (PA 6) 86 86.0 86.0 86.0 86.0 86.0 86.0 86.0 $271.09 $271.09 $23,314.03 ·-·-SFD-NLL (PA 5) 36 75.0 75.0 75.0 75.0 75.0 $84.24 $84.24 $6,318.37 SFD-NLL (PA 9/10 75 75.0 75.0 75.0 75.0 75.0 $84.24 $84.24 $6,318.37 175.5 635.4 646.6 175.5 635.4 646.6 646.6 $86,897.00 *Areas already part of Zone 10 and not included as part of this annexation I Harris & Assodates Item 9; page 25 City of Carlsbad Street lighting and Landscaping District No. 2, Zones 10 & 15 Engineer's Report PARTD ASSESSMENT ROLL March 8, 2016 Page 16 The Assessment Roll below is a listing of the proposed maximum assessment for Fiscal Year 15- 16 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Diego. 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. Current FY15-16 Assessor's Parcel Land Maximum Estimated Parcel No. Zone Acres Use Asmt* Asmt 208-010-44-00 (port) 10 4.80 Vacant $5,993.55 $0.00 208-010-44-00 (port) 15 199.74 Vacant $86,897.00 $0.00 Total: $92,890.55 $0.00 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 in the methodology of the Assessment must be submitted for property owner approval.) No assessments will be collected until the improvements have been constructed within the Zones. I Harris & Assodates Item 9; page 26 City of Carlsbad Street lighting and landscaping District No. 2, Zones 10 & 15 Engineer's Report PARTE ASSESSMENT DIAGRAM March 8, 2016 Page 17 Assessment Diagram for the Maintenance District Annexation is provided on the following page. I Harris & Assodates Item 9; page 27 City of Carlsbad Street Lighting and Landscaping District No. 2, Zones 10 & 15 Engineer's Report ROBERTSON RANCH • WEST VILLAGE RANCHO COSTERA Carlsbad, California Zone 15-Robertson Ranch-West r~~o-1 t.==::!::!=:~---------------------l Village '--------------' Bl Harris & Associates March 8, 2016 PA 13 is being Item 9; page 28 PUBLISH: ONCE A WEEK FOR AT LEAST TWO WEEKS PRIOR TO HEARING DATE, WITH THE FIRST PUBLICATION MADE AT LEAST 15 DAYS BEFORE THE HEARING. NOTICE OF PUBLIC HEARING The City Council of the City of Carlsbad will hold a public hearing on Tuesday May 17, 2016 at 6:00p.m. in the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, to consider the annexation of the Robertson Ranch West Village development to Street Lighting and Landscaping District No. 2, a Special Assessment District. Those persons wishing to speak on these proceedings are invited to attend the public hearing. Inquiries may be directed to Roxanne Muhlmeister (roxanne.muhlmeister@carlsbadca.gov) at the city's Finance Department, 1635 Faraday Ave, Carlsbad, California, 760-602-2417. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, ANNEXING THE ROBERTSON RANCH WEST VILLAGE DEVELOPMENT TO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ORDERING MAINTENANCE WORK AND CONFIRMING THE DIAGRAM AND ASSESSMENT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has undertaken proceedings to form and did form a special maintenance district and to authorize the levy of assessments therein to finance the annual maintenance and servicing of certain landscaping and lighting improvements ("Improvements") pursuant to the terms of the Landscaping and Lighting Act of 1972, being Division 15, Part 2 ofthe Streets and Highways Code of the State of California ("Landscaping Act"), Article XIIID of the Constitution of the State of California "Article XIIID" and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.) ("Implementation Act") (Landscaping Act, Article XIIID and the Implementation Act may be collectively referred to as "Assessment Law"), such special maintenance district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ("Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act authorize and establish procedures for the annexation of territory to the Maintenance District; and WHEREAS, on March 22, 2016, the City Council received and approved a report (Attachment A) dated March 8, 2016 from the Assessment Engineer (the "Engineer's Report"). WHEREAS, at this time all notice and public hearing requirements have been met relating to the annexation and levy of the annual assessments to the Maintenance District for the Robertson Ranch West Village development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California California, as follows: 1. That the above recitations are true and correct. 2. This City Council hereby finds and determines that the procedures for the consideration of the levy of the assessments have been undertaken in accordance with the Assessment Law. Item 9; page 29 3. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the Maintenance District which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the public hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments as shown in the Assessment Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within the Maintenance District has been found to exist. 4. This City Council hereby orders the annexation of territory to the Maintenance District in Zones 10 and 15. 5. Based upon the Assessment Engineer's Report and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the maximum assessments proposed to be levied: a. The proportionate special benefit derived by each individual parcel to be assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments will not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits will be assessed. d. There is one parcel within the Maintenance District that is owned by a local government, i.e., the City of Carlsbad that specially benefits from certain ofthe improvements to be maintained and serviced. Such parcel has been assessed in an amount equal to the reasonable cost of the proportional special benefit conferred on such parcel. There are no other parcels within the Maintenance District that are owned or used by a local government, the State of California or the United States. The maximum assessments as shown in the Assessment Engineer's Report will be increased each Fiscal Year without further compliance with the assessment ballot procedures required under the Assessment Law by the annual increase in the Consumer Price Index (CPI}, during the preceding year ending in March, for All Urban Consumers for the San Diego County area. 6. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. 7. The above-referenced diagram and assessment shall be filed in the Office ofthe City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. 8. Effective Date. This Resolution of Intention shall take effect immediately upon its adoption. Item 9; page 30 Bill To: CITY OF CARLSBAD-City Clerk-CU00474981 1200 Carlsbad Village Dr Carlsbad,CA 920081989 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 172171, 171349, for the County of San Diego that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates, to- wit: May 02, 2016; May 09, 2016 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Chicago, Illinois on this 9th day of May, 2016 %.~ ~ This space is for the County Clerk's Filing Stamp RECEIVED MAY 12 CITY OF CARLSBAD CITY CLERK'S OFFICE Proof of Publication of See Attached 4151911 Item 9; page 31 NOTICE OF PUBLIC HEARING The City Council of the City of Carlsbad will hold a public hearing on Tuesday May 17, 20'115 at 6:00p.m. in the Council Chamber, 1200 Carls- bad ViHage Drive, Carlsbad, CafJfornta, to consider the annexation of the Robertson Ranch West Village developrnent to Street Lighting and Landscaping Dlstrtct No.2, a Special Assessment District. Those persons wishing to speak on these proceedings are Invited to attend the public hearing. lnquirles inay be directed to Roxanne Muhlmelster (roxanne. rnuhlmelster@carfsbadca.gov) at the cfty's Ftnance Department$ 1635 Faraday Ave, Carlsbad, California, 76Q-602-2417. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,. DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, ANNEXING THE ROBERTSON RANCH WEST VILLAGE DE- VELOPMENT TO STREET liGHTING AND LANDSCAPING DISTRICT NO. 2, ORDERING MAINTENANCE WORK AND CONFIRMING THE DIAGRAM AND ASSESSMENT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has undertaken proceedings to fonn and did form a specfa1 malnte· nance d~strict and to authorize-the levy of assessments therein to fi- nance the annual maintenance and servicing of certain landscaping and lighting improvements ("Improvements.") pursuant to the terms of ii~: ~:r~~~~~~ug~~w~?!'g~3eAj 8~e1~ia~;. ~1~~~~~r~~;;;~r-~:r.J~!~.~: Act"), Article XI!ID of the Constitution of the State of California "Article XIIID" and the Proposition 218 omnibus Implementation Act (Govern-n-'lent Code Section 53750 et seq.) ("lmpletnentatlon Act") (landscaprng Act, Article XIIID and the Implementation Act may be collectively re-fened to as "Assessment Law"), such special nta~ntenance district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ("Maintenance District'); and WHEREAS, the provisions of Article 2 of Chapter 2 ofthe landscaping Act authorize and estabhsh procedures for the annexauon of territory to the Malntenance D1stri'ct; and WHEREAS, on March 22, 2016, the City Council received and approved a report (Attachrnent A) dated March 8, 2016 from the Assessn1ent Engi~ neer (the"Enginee<'.s Report"). WHEREAS, at this time all notice and public hearing requirements have been n1et relating to the annexatton and tevy of the annual assessments to the Maintenance District for the Robertson Ranch West Village devel-opment. ~~tit,!~ecr:,~[f~~1~a ~';illo~~;~~Vf.o?,o~%s:the City council of the City of 1. That the above recltatlons are true and correct. 2. This City Council hereby finds and determines that the procedures for the consideration of the levy of the assessments have been undertaken In accordance with the Assessrnent Law. 3. Assessment ballots were tnailed as required by Assessment Law to the record owners of all propertles wlthtn the Maintenance Distrlct which are proposed to be assessed. The asses~r:nent ballots that were cmnp!et-ecl and received by the Oty Clerk prior to the dose of the public hearing have been tabulated tn accordance wtth the proce:dures estabilshed by Assessment Law and this City CouncU and the nE!sults of such tabulation ~f~;tet~;~riss,;!~~!~~~!fi~~;~;jgXl~~~n~~1ia~~~~~if:ecl~~~~~:;;~lm~n~~ as shown In the Asses-sment Engineer's Report as welghted in accor- dance wtth A$-sessrnent Law exce-ed the assessment ballots submitted in opposition to such levy also as weighted tn accordance with Assessment ~;;,T!'~~~f~:bfs~l~ta~~~);fe~~~~~~~ :~!1~: of assessments within the 4. This City Counctl here-by orders the annexation ofterr~tory to the Matn-tenance District In Zones 'I o and 15. 5. Based upon the Assessment Engtneer's. Report and other evfdence !>rese11ted at the public hearing, the City Council hereby makes the fol-t6.1.:~fe~l~~:rnlinatlons regarding the maxfmum assess1nents proposed a. The p.roportlonate special benefit derived by each Individual parcel to be ass-essed has been determined in refatlonship to the entirety of the cost of the operations and maintenance expense·s., b. The assessments wUI not exceed the reasonable cost of the propor-tional speciaJ bene-ftt confe-rred on each parc.ef. ·c. Only the special benefits will be assessed. d. There ls one parcel wlthin the Maintenance District that is owned by a local government. I.e., the CJty of Carlsbad that specially benefits from certain of the lmproven1ents to be maintained and servtced. Such parcel has been assessed in an .~unount edual to the reasonable cost of the pro-~~~~~~·~i;gJ~c!~~ ~~~~~~~;~l~~:rb~st~~~ :~;~ a~!~~!~e~:;·~;;:~ 6';a ~~~~t; government, the State of California or the United States. ~~~t ~Wl'~!u~~~~;~;~~r~~~r~ f~~~~~~~ ~~~i~~~s;~;:.:~~~~~~q:~~~~·~~h the assessment baHot procedures required under the Assesstnent Law by the annu.ai Increase in the Consumer Prfe-e Index {CPO, during the pre- ceding year ending fn March, for Alf Urban Consunre-rs. for the San Ofego County area. 6. The public tnterest and convenience requires, and thls legislative body does hereby order the maintenance work to be made .and performed as said rnaintenance work is set forth In the Assesstnent Engineer's Report ;~~h~ ~b~~~~~re~~~~!de~~~~a~t !~~~~~~!~~em~~i~ht!IT be; ~f~~ri~otl~e Office of the City Clerk. Said :CHagram and assessment, and the certified ~~~~!~~~~0~!~:.~~~ ~~6~~~~g~~~~~t~~!~~~~0st~aU take effect !mntedi~ ately upon its adoption. PUBLISH: May 2 and May 9, 2016 RECEIVED MAY l 2 '16 CITY OF CARLSBAD CITY CLERK'S OF~~j 4151911 Item 9; page 32 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING m: rurrc~~ DATE OF PUBLIC HEARING: ___:s_=,· f-~_._ft~fi~h=-~-~~-----1 I SUBJECT: l-LDc:L.-(~~~I~ LOCATION: /d..oO ~ ((,(~ · D~ve. DATE NOTICES MAILED TO PROPERTY OWNERS: N £ . --~.~,~~~-------- NUMBER MAILED: -~,.....--~---- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carl_:;bad and the foregoing is true and correct. CITY CLERK'S OFFICE PUBLICATION DATE: 1 (Dale) ATION VIA E-MAIL TO: \l2:f.Union Tribune . 0 CoastNews Union Tribune.~=.s;:::r-/c-=~-=-t~'---!/-=6~&=· ___:::::5-::..._;.):__q.J...,!-JI.!..-1 b=-· ~-r l I I ~ Coast News ----------------~-------- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and oo~ct · Date: 'f ~ 1 /rG I I Attachments: 1) Mailing Labels 2) Notice w/ attachments Item 9; page 33 NOTICE OF PUBLIC HEARING The City Council ofthe City of Carlsbad will hold a public hearing on Tuesday May 17, 2016 at 6:00p.m. in the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, to consider the annexation of the Robertson Ranch West Village development to Street Lighting and Landscaping District No. 2, a Special Assessment District. Those persons wishing to speak on these proceedings are invited to attend the public hearing. Inquiries may be directed to Roxanne Muhlmeister (roxanne.muhlmeister@carlsbadca.gov) at the city's Finance Department, 1635 Faraday Ave, Carlsbad, California, 760-602-2417. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, ANNEXING THE ROBERTSON RANCH WEST VILLAGE DEVELOPMENT TO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ORDERING MAINTENANCE WORK AND CONFIRMING THE DIAGRAM AND ASSESSMENT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has undertaken proceedings to form and did form a special maintenance district and to authorize the levy of assessments therein to finance the annual maintenance and servicing of certain landscaping and lighting improvements ("Improvements") pursuant to the terms of the Landscaping and Lighting Act of 1972, being Division 15, Part 2 ofthe Streets and Highways Code of the State of California ("Landscaping Act"), Article XIIID of the Constitution of the State of California "Article XIIID" and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.) ("Implementation Act") (Landscaping Act, Article XIIID and the Implementation Act may be collectively referred to as "Assessment Law"), such special maintenance district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ("Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act authorize and establish procedures for the annexation of territory to the Maintenance District; and WHEREAS, on March 22, 2016, the City Council received and approved a report (Attachment A) dated March 8, 2016 from the Assessment Engineer (the "Engineer's Report"). WHEREAS, at this time all notice and public hearing requirements have been met relating to the annexation and levy of the annual assessments to the Maintenance District for the Robertson Ranch West Village development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California California, as follows: 1. That the above recitations are true and correct. 2. This City Council hereby finds and determines that the procedures for the consideration of the levy of the assessments have been undertaken in accordance with the Assessment Law. 3. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the Maintenance District which are proposed to be assessed. The assessment ballots that were completed and received by the City Item 9; page 34 Clerk prior to the close ofthe public hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments as shown in the Assessment Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within the Maintenance District has been found to exist. 4. This City Council hereby orders the annexation of territory to the Maintenance District in Zones 10 and 15. 5. Based upon the Assessment Engineer's Report and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the maximum assessments proposed to be levied: a. The proportionate special benefit derived by each individual parcel to be assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments will not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits will be assessed. d. There is one parcel within the Maintenance District that is owned by a local government, i.e., the City of Carlsbad that specially benefits from certain of the improvements to be maintained and serviced. Such parcel has been assessed in an amount equal to the reasonable cost of the proportional special benefit conferred on such parcel. There are no other parcels within the Maintenance District that are owned or used by a local government, the State of California or the United States. The maximum assessments as shown in the Assessment Engineer's Report will be increased each Fiscal Year without further compliance with the assessment ballot procedures required under the Assessment Law by the annual increase in the Consumer Price Index (CPIL during the preceding year ending in March, for All Urban Consumers for the San Diego County area. 6. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. 7. The above-referenced diagram and assessment shall be filed in the Office ofthe City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. 8. Effective Date. This Resolution of Intention shall take effect immediately upon its adoption. PUBLISH: May 2 and May 9, 2016. Roxanne Muhlmeister May 17, 2016 Public Hearing Robertson Ranch West Annexation Street Lighting and Landscaping District No. 2 Order of Procedure •Staff Report •Public Hearing •Ballot Tabulation and Report-City Clerk •Council Action: −Adopt the Resolution for annexation or direct staff to abandon the proceedings. Street Lighting & Landscaping District No. 2 •Street lighting •Street trees •Median landscaping Improvements to be maintained: ~'ACI~JC OCfiAN z-4 • ThOio pso rn.r-a Z-15-4 P~t FCinl~ac-y Zo .... e.e-.R.- Zonoe 1 • Tl'>oe 0;,_,"' Zone 6 • Tl'>oe Rodge Zone & • Tl'>oe ()e;h,lj; North lndu•tt.-J ZofiO 10 ·Robertson RafiCII'I ~-~~~ Zon• 1 S • Tr•• O:.ks ~1'1 •••"'"''"•• I Zo/'1• 12 • L;~~ COS-1~ Town Sq..ara Zon• 13 • F;~~lf OOJkS VI:IUey> Z(lr\e 14 • ctvarty c~~-~ PA 13 will annex into Zone 10 PA12 is already in Zone 10 Existing Zone 10 Robertson Ranch East New Zone 15 Robertson Ranch West PA 12 PA 13 Annual assessment amount for the average single-family parcel Development Maximum annual assessment rate (FY 15-16) Estimated annual assessment rate (FY 15-16) (Assumes HOA Maintenance) Robertson Ranch West $271.09 $51.71 Robertson Ranch East $253.32 $119.33 Action Items: 1. Public Hearing 2. Ballot Tabulation and Report-City Clerk 3. Council Action: −If the ballots are in favor, adopt the Resolution for annexation. −If the ballots are in opposition, direct staff to abandon the proceedings.