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HomeMy WebLinkAbout2022-04-05; City Council; ; Public Hearing for the Annexation of the Marja Acres Development to Street Lighting and Landscaping District No. 2~ CITY COUNCIL \lJ:/ Staff Report Meeting Date: To: From: Staff Contact: April 5, 2022 Mayor and City Council Scott Chadwick, City Manager Roxanne Muhlmeister, Assistant Finance Director roxanne.muhlmeister@carlsbadca.gov, 442-339-2417 CA Review CKM Subject: Public Hearing for the Annexation of the Marja Acres Development to Street Lighting and Landscaping District No. 2 Districts: 2 Recommended Action Hold a public hearing to receive public comment and adopt a resolution declaring the results of the assessment ballot tabulation, annexing the Marja Acres development to Street Lighting and Landscaping District No. 2, ordering maintenance work and confirming the diagram and assessment. Executive Summary The City Council approval is needed to declare the results of the assessment ballot tabulation to annex the Marja Acres development into the city's Street Lighting and Landscaping District No. 2, in compliance with the procedures described in the California Streets and Highways Code. Discussion The City Council formed Street Lighting and Landscaping District No. 2 in 2003. The district was formed so that new developments would help pay for the cost and maintenance of streetlights, street trees and medians within the district. Streetlights, street trees and medians in the previously developed parts of the city are funded from assessments within Street Lighting and Landscaping District No. l. The city requires developers of larger communities within the city to be annexed into District No. 2 as a condition for development. Each development within District No. 2 is considered a separate zone, with its own assessment based on the costs for that particular area of the city. There are currently 15 zones in District No. 2.1 1 The zones are 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, Quarry Creek and Robertson Ranch West Village. April 5, 2022 Item #9 Page 1 of 27 As a condition of its development, the Marja Acres property is required to be annexed into District No. 2, as the newly created Zone 16. Marja Acres is located on the south side of El Camino Real between Kelly Drive and Julie Place. The 20.65-acre property has been approved as the site for 248 townhomes and 46 apartments. The development will include varying types of land uses that receive special benefit from the street trees, street lighting and medians that are directly adjacent to the property. The city's assessment engineer has prepared a report for Zone 16. This report identifies the special benefit each individual parcel will derive in proportion to the total capital costs and maintenance and operational expenses of the public improvements. It also separates the general benefits each parcel receives from the improvements from the benefits that will be specially conferred on the parcel, because only the costs of special benefits can be assessed on property owners. An assessment ballot was mailed to the property owner, Marja Dawn Selna, trustee of the Hoffman Legacy Trust. The completed ballot was returned to the City Clerk and will be opened and tabulated during the public hearing. Under state law, if a majority of the affected property owners protest, the City Council may not annex the property into District No. 2 or assess the property owners for the public improvements. In this case, there is only one property owner, and the annexation is an already agreed-upon condition of the development. Options Staff recommend the City Council adopt the resolution declaring the results of the assessment ballot tabulation. This public hearing and annexation to the district is required under state law before the district can levy and collect assessments from property owners in this development. Staff have identified no drawbacks to this action. Not annexing the development would mean that one of the conditions of approval for the project will not be satisfied and future assessments to property owners would not be levied and collected, which would result in District No. 2 not receiving $14,275.54 in projected annual revenue. Fiscal Analysis If the annexation is approved, the parcels within this development will not be assessed until the improvements have been built. The maximum annual assessment rate that can be assessed on a particular parcel is calculated by adding up all the annual costs of maintenance and replacement of the improvements. The annual assessment is then charged to property owners through their property tax statement. The maximum annual assessment rate per equivalent dwelling unit for Zone 16 is calculated at $59.48 for fiscal year 2021-22 for a total of $14,275.54 in annual assessments. Th e maximum assessment rate may be adjusted annually by the change in the Consumer Price Index {CPI), during the preceding year ending in March, for All Urban Consumers for San Diego County. April 5, 2022 Item #9 Page 2 of 27 Next Steps If annexation is approved, the parcels within the Marja Acres development will be assessed annually for the development's share of street lights, medians and trees once those improvements have been built. Environmental Evaluation The Marja Acres development's annexation into this district was anticipated and included as a condition of the project's approval. As part of its approval of the project, the City Council certified the environmental impact report for the project by adopting Resolution 2020-215 on Nov. 3, 2020. Annexing the development into the district will result in no substantial changes in the project or in how it will be undertaken that will require revisions to the previously approved environmental impact report; there are no significant new environmental effects nor any substantial increase in the severity of previously identified significant effects. Therefore, no additional environmental review is required under the California Environmental Quality Act {Public Resources Code section 21000) and its implementing regulations, the CEQA Guidelines {Section 15168). Public Notification This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. In addition, the public meeting notice was posted in the newspaper at least 15 days ahead of the public hearing. Information regarding public notification of this item, such as mailing and public hearing notices posted in a newspaper of general circulation and on the city website, are available in the City Clerk's Office. Exhibits 1. City Council resolution April 5, 2022 Item #9 Page 3 of 27 RESOLUTION NO. 2022-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, ANNEXING THE MARJA ACRES 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 to finance the annual maintenance and servicing of certain landscaping and lighting improvements ("Maintenance Work") pursuant to the terms of the Landscaping and Lighting Act of 1972, being Division 15, Part 2 of the 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, as a condition of its development, the Marja Acres property is required to be annexed into the Maintenance District as the newly created Zone 16; and WHEREAS, Environmental Impact Report (EIR) 2017-0001 for the Marja Acres development was certified by the City Council on November 2, 2020 by Resolution 2020-215, including the project, mitigation and monitoring program, and implementation measures; and, WHEREAS, the California Environmental Quality Act (CEQA, California Public Reso urces Code Section 21000 et. seq.), and Sections 15162 through 15164 of CEQA's implementing regulations (the State CEQA Guidelines) set forth the criteria for determining the appropriate additional environmental documentation, if any, to be completed when there is a previously adopted Negative Declaration or a previously certified EIR covering the project for which a subsequent discretionary action is required; and, WHEREAS, the annexation of the Marja Acres development in Zone 16 within the Maintenance District presents no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3) and the previously certified EIR is adequate without modification; 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 February 8, 2022, the City Council received and approved a report dated January 31, 2022 from the Assessment Engineer (Attachment A; the "Engineer's Report"); and WHEREAS, the Engineer's Report includes a the plans and specifications for the Maintenance Work, an estimate of the cost of the Maintenance Work, an assessment of the estimated cost of the Maintenance Work (assessment), and a diagram of the Maintenance District showing the exterior boundaries of the Maintenance District, the boundaries of the zones within the Maintenance District, including new Zone 16 for the Marja Acres development, and the lines and dimensions of each lot or parcel of land within the Maintenance District (diagram); and 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 Marja Acres development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. This City Council finds and determines that the procedures for the consideration of the annexation and levy of the assessments for the Marja Acres development 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 annexed and 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. The City Council finds that the assessment ballots submitted in favor of the annexation and levy of assessments for the Marja Acres development in Zone 16 as shown in the Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such annexation and levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the annexation and levy of assessments for the Marja Acres development in Zone 16 within the Maintenance District has been found to exist. 4. This City Council orders the annexation of the Marja Acres development to the Maintenance District in Zone 16. 5. Based upon the Engineer's Report and other evidence presented at the public hearing, the City Council 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 are no parcels within the Marja Acres development in Zone 16 of 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 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 orders the maintenance work to be made and performed as the maintenance work is set forth in the Engineer's Report and as previously declared and set forth in the Reso lution of Intention. 7. The above-referenced diagram and assessment (Attachment A) shall remain on file and open to public inspection in the City Clerk's Office. The City Clerk's Office is directed to file a certified copy of the diagram and assessment with the county auditor. 8. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of April 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. -fo ,f FAVIOLA MEDINA, City Clerk Services Manager (SEAL) April 5, 2022 I CITY OF CARLSBAD ENGINEER'S REPORT ANNEXATION OF ZONE 16 Attachment A STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 January 31, 2022 PREPARED BY = Harris & Associates ~ Anna Tan-Gatue, P.E. R.I.E. No. 4356 Exp. 06/30/23 www.WeAreHarris.com Item #9 Page 9 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 TABLE OF CONTENTS R I Harris & Associates Introduction ........................................................................................................................................................ 1 Certificates .......................................................................................................................................................... 2 Statement of Assessment Engineer .................................................................................................................... 3 Part A-Plans and Specifications ........................................................................................................................ 5 Part B -Estimate of Costs ................................................................................................................................... 7 Part C-Method of Apportionment ................................................................................................................... 8 Part D -Assessment Roll .................................................................................................................................. 15 Part E -Assessment Diagram ........................................................................................................................... 15 April 5, 2022 Item #9 ii Page 10 of 27 I Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 INTRODUCTION B I Harris & Associates 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 include 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 Marja Acres Development into SLLD No. 2. There are currently 15 Zones of Benefit within the SLLD No. 2, with each zone having different types of Improvements to be maintained and serviced. The Marja Acres development is located on the south side of El Camino Real between Kelly Drive and Julie Place and is comprised of varying types of land uses that receive special benefit from the street trees, street lighting, and medians directly adjacent to the development. April 5, 2022 Item #9 1 Page 11 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad II I Harris & Associates Fiscal Year 2021-22 CERTIFICATES CITY OF CARLSBAD ANNEXATION INTO STREET LIGHTING AND LANDSCAPING DISTIRCT NO. 2 ZONE 16 (MARJA ACRES) The undersigned acting on behalf of Harris & Associates, respectfully su bmits the enclosed Engineer's Report as directed by City Council pursuant t o the provisions of Section 4 of Article XIIID of the California Constitution, and provisions of the Landscaping and Lighting Act of 1972, Section 22500 et seq. of the California Streets and Highways Code. The undersigned certifies t hat she is a Professional Engineer, registered in the State of C~Jjfomi.a,-------------------- Dated: January 31, 2022 BY: Anna C. Tan-Gatue, PE RIE 14356 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the __ day of _____ ~ 2022. City Clerk City of Carlsbad San Diego County, California By ______________ _ I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved and co nfirmed by the City Council of the City of Carlsbad California, on t he __ day of _____ -2022. April 5, 2022 City Clerk City of Carlsbad San Diego County, Ca lifornia By ______________ _ Item #9 2 Page 12 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad R I Harris & Associates F~caIYear2021-22 STATEMENT OF ASSESSMENT ENGINEER FISCAL YEAR 2021-22 ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ.) Pursuant to Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) (the "1972 Act"), Article XIIID of the California Constitution ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act" and together with the 1972 Act and Article XIIID, the "Assessment Law") and in accordance with the Resolution of Initiation, adopted by the City Council of the City of Carlsbad, State of California, in connection with the proceedings for: ANNEXATION INTO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 ZONE 16 (MARJA ACRES) 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 COSTS Identifies the estimated costs 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. April 5, 2022 Item #9 3 Page 13 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 PART D-ASSESSMENT ROLL ■ I Harris & Associates Identifies the maximum assessment to be levied on each lot or parcel of land within the Maintenance District to receive special benefits from the improvements to be maintained and serviced. PART E -ASSESSMENT DIAGRAM Contains a Diagram of the Maintenance District Boundaries showing the exterior boundaries of the Maintenance District, the boundaries of any zones within the Maintenance District, including new Zone 16, and the lines and dimensions of each lot or parcel of land within the Maintenance District. April 5, 2022 Item #9 4 Page 14 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad B I Harris & Associates Fiscal Year 2021-22 PART A -PLANS AND SPECIFICATIONS The improvements, which have been constructed or which may be subsequently constructed within and adjacent to the Maintenance District and that will be serviced and maintained, and the proposed maintenance and services are generally described as follows: DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The proposed improvements (collectively, the "Improvements") proposed to be maintained and serviced are generally described as follows: Landscaping and Appurtenant Improvements Landscaping improvements (collectively, the "Landscaping Improvements") include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures in public street and sidewalk rights-of-way, including medians, parkways and other easements dedicated to the City of Carlsbad within the boundaries of the Maintenance District. Street Lighting and Appurtenant Improvements Street lighting improvements (collectively, the "Street Lighting Improvements") include but are not limited to: poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and other easements dedicated to t he 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. 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 April 5, 2022 Item #9 5 Page 15 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 111 I Harris & Associates 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 16-Encompasses the Marja Acres 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 city's Public Works Department and are by reference herein made a part of this report. April 5, 2022 Item #9 6 Page 16 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad ■ I Harris & Associates Fiscal Year 2021-22 PART B -ESTIMATE OF COSTS 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 2021-22. 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 (EDUs) 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 sha ll 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 newly created Zone 16 (Marja Acres) for FY 2021-22 are calculated as follows: • • t O&M Repl. Assessed Unit Unit Quantity Cost Cost Zone 16 (Marja Acres) * 100W Light 2 each $149.94 $173.84 + Arterial Trees 37 each $76.89 $0.00 Medians 10,162 sf $0.46 $0.58 Total O&M/Repl. Costs $648 $2,845 $10,610 Admin. Costs . • $8 $35 $130 I Maximum Maximum Annual Annual Costs Cost I EDU $656 $2.73 / EDU $2,880 $12.00 I EDU $10,740 $44.75 / EDU $14,276 * These lights are on arterial roadways, therefore the O&M and Repl. costs have been multiplied by88.66% (This is to account for the 11 .34% General Benefit for Arterial Roadways) + These trees are on arterial roadways, therefore the O&Mcosts have been multiplied by89% (This is to account for the 11 % General Benefit for Street Trees on Arterial Roadways) April 5, 2022 Item #9 7 Page 17 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad B I Harris & Associates Fiscal Year 2021-22 PART C -METHOD OF APPORTIONMENT GENERAL Th e 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 require 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 provide 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 typically consists of 40 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. April 5, 2022 Item #9 8 Page 18 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 Arterial Lighting. 11 I Harris & Associates 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 typically consists of 100 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 leve l 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 following table shows the calculation of the cost estimate for general benefit for streetlights. April 5, 2022 Item #9 9 Page 19 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 B I Harris & Associates Lamp Size Number Monthly Monthly Annual Annual General (Watts) Lights Rate Amount Amount Cost per Benefit L ow wattaqe Iq ts or co ec or s ree s: I' h f II t t t 40 Subtotal-1 H' h tt Ig wa ag 70 85 100 150 200 250 Subtotal-2 Total 4,846 $2.51 $12,163.46 4,846 e IQ, s or a ena s ree s : l'htt rt 'lt t 103 $4.29 43 $5.27 2,344 $6.28 15 $9.41 0 $12.53 13 $16.24 2,518 7,364 General Benefit= $441.87 $226.61 $14,720.32 $141 .15 $0.00 $211 .12 $145,961 .52 I $145,961.s2 I $5,302.44 $2,719.32 $176,643.84 $1 ,693.80 $0.00 $2,533.44 $188,892.84 $334,854.36 FY 2021-22 Lighting Budget Amount FY 2021-22 Public Parcel Contribution Total Est. Cost Less Public Parcel Contribution* I General Benefit Percentage • Based on preliminary budget estimates $30.12 I $51.48 $63.24 $75.36 $112.92 $150.36 $194.88 $113,050.68 $1 ,025,247 $28,000 $997,247 I 11.34%1 $0.00 I $0.00 I $2 ,200.08 $1 ,424.16 $106,042.56 $1 ,242.00 $0.00 $2,141.88 $113,050.68 $113,050.68 Therefore, 11.34% of the Street Lighting Improvements on the city's arterial roadways are considered general benefit, and only 88.66% 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. • Street trees within the public street parkways provide special benefit to those properties directly adjacent to those tree-lined parkways. April 5, 2022 Item #9 10 Page 20 of 27 Final Engineer's Report Street Lighting and landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 II I Harris & Associates • 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. • 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. • 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 is one zone of benefit included in this Annexation. Zone 16-Marja Acres The Marja Acres development is located on the south side of El Camino Real between Kelly Drive and Julie Place and is comprised of varying types of land uses that receive special benefit from the street trees, street lighting, and medians directly adjacent to the development. There are a 46-unit affordable senior housing complex ("APT"), 248 single-family attached units ("SFA"), 1.95 acres of designated commercial areas ("Non-Res"), and 1.54 acres of designated recreation areas ("Park") that are on private streets, and therefore are not considered to have any local street lights or trees directly adjacent to them. The entire development receives special benefit from the arterial street trees and arterial street lighting on El Camino Real. The entire development also benefits from medians in El Camino Real. There will be approximately 20,323 square feet of medians in El Camino Real along the north side of the development. The developments on the opposite side of El Camino Real will benefit from the improved aesthetics of the medians directly adjacent to this property; therefore 50% of the benefit April 5, 2022 Item #9 11 Page 21 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 B I Harris & Associates for the medians in El Camino Real is apportioned to the Marja Acres development (10,162 sf of medians in El Camino Real). 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 ("EDUs") 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 com binat ion with population density per unit. Non-Residential (Non-Res). In converting improved non-residential properties to ED Us, the factor used is t he City of Ca rlsbad 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 rea l estate in Southern Ca lifornia, 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. April 5, 2022 Item #9 12 Page 22 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 Land Use Single Family Detached Res (SFD) Single Family Detached Res (SFD-Estates) Single Family Attached Res (SFA) Apartments (APT) De1.eloped Non-Residential (Non-Res) Vacant / Park Open Space DU= DN elling Unit = I Harris & Associates EDU Rate 1.0 / DU 1.0 / DU I 0.8 / DU I 0.6 I DU I 6.0 I acre I 1.5/acre 0.0 I acre The following tables provide the EDUs for the various types of special benefits associated with each Zone, FY 2021-22 budget rates and the maximum assessment rates for FY 2021-22. The budget rates are the calculated assessment rates that are req uired to generate revenue equal to the annual budget costs. The maximum assessment rates are the maximum amounts allowed to be collected as established during formation/annexation of the zone into District. The maximum assessment rate increases each year by the Consumer Price Index (CPI) for the San Diego County area. The FY 2021-22 assessment rate will be the lesser of the budget rate and the maximum rate. April 5, 2022 Item #9 13 Page 23 of 27 Final Engineer's Report Street Lighting and Landscaping District No. 2, Zone 16 City of Carlsbad Fiscal Year 2021-22 Arterial Arterial Light Tree Development Acres EDU EDU Z.one 16 -Marja Acres APT 46 27.6 27.6 Non-Res 1.95 11. 7 11. 7 Park 1.54 2.3 2.3 SFA 248 198.4 198.4 240.0 240.0 R I Harris & Associates Maximum Median Asmt Rate Total EDU ($/EDU) Max Asmt 27.6 $59.48 $ 1,641.62 11.7 $59.48 $ 695.90 2.3 $59.48 $ 137.40 198.4 $59.48 $11,800.62 240.0 $14,275.54 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.) April 5, 2022 Item #9 14 Page 24 of 27 I ' I PART D -ASSESSMENT ROLL The Assessment Roll below is a listing of the proposed maximum assessment for Fiscal Year 2021-22 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 FY21-22 Assessor's Parcel Land Maximum Estimated Parcel No. Zone Acres Use Asmt• Asmt 207-101-35-00 16 14.39 Vacant $9,996.35 $0.00 207-101-37-00 16 6.16 Vacant $4,279.19 $0.00 Total: $14,275.54 $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 Zone. PART E -ASSESSMENT DIAGRAM An Assessment Diagram for the Maintenance District is provided on the following page. B Harris & Associates www.WeAreHarris.com April 5, 2022 Anna Tan-Gatue, PE Project Manager Anna.Tan-Gatue@WeAreHarris.com P: 949.536.2507 Item #9 15 Page 25 of 27 April 5, 2022 NOT TO SCALE SITE MAP Marja Acres Lighting and Landscaping District No. 2 Proposed Zone 16 Item #9 Page 26 of 27 " <D _, PACIFIC OCEAN ~ Development Names: ~ Zone 1 -Calavera Hills ~ -Zone 2 -Kelly Ranch i "8 ;J ~ ~ 0 z < z ij; i!l. .. ::; "!! ~ .. I ! ·a, :!l '-; 5 .. Q. ~ Zone 3 -The Oaks South Zone 4 -Thompsonrrabata Zone 5 -Palomar Forum/Raceway Zone 6 -Bressi Ranch -Zone 7 -The Greens Zone 8 -The Ridge Zone 9 -The Oaks North Industrial Zone 10 -Robertson Ranch East Zone 11 -The Oaks North Residential Zone 12 -La Costa Town Square Zone 13 -Fair Oaks Valley -Zone 14 -Quarry Creek Zone 15 -Robertson Ranch West s A~~ N>2~arja Acres M11es 8 Map c,.•"" by fl• City °' C•labad 0 11. Oll===:==-====-=-=========-======::!.J::i========::1== TO: CITY CLERK DATE OF PUBLIC HEARING: AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING suBJEcT: --+dl~ ...... r;· ..... G':;,t--'~ ....... _,_J ...._{l,_,c"""'"A...-a-t'>~~--=·LL:--=--L2}""'-===il-------- ~oo Carlsbad Village Drive, Carlsbad, CA 92008 LOCATION: D Other : ________________ _ DATE POSTED TO CITY WEBSITE __,,0)::::::LL.1 ..... 5:"-LL...J.c2i:~ol1.--<. -- DATE NOTICES MAILED TO PROPERTY OWNERS: __.;J...__'-'-l ff.__ _____ _ --NUMBER MAILED: I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. DEPARTMENT: ~ CLERK'S OFFICE □OTHER _______ _ Signature Date SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _ ~ Coast News on 2:/L,S-~ PUBLICATION DATE: Union Tribune --------------- 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 and the foregoing is true and correct. DEPARTMENT: @Irv CLERK'S OFFICE □ OTHER _______ _ Signature Date Attachments: 1) Mailing Labels 2) Notice w/ attachments NOTICE OF PUBLIC HEARING The City Council of the City of Carlsbad will hold a public hearing on Tuesday April 5, 2022 at 5 p.m. in the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, to consider the annexation of the Marja Acres development to Street Lighting and Landscaping District No. 2, a Special Assessment District. Those persons wishing to speak on the annexation of the Marja Acres development to Street Li ghting and Landscaping District No. 2, a Special Assessment District are cordially invited to attend the public hearing. Copies of the staff report will be available on and after April 1, 2022. If you have any questions, please contact Roxanne Muhlmeister in the Finance Department at (442) 339-2417 or Roxanne.muhlmeister@carlsbadca.gov. If you challenge the annexation of the Marja Acres development to Street Lighting and Landscaping District No. 2, a Special Assessment District, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. PUBLISH: Friday, March 18, 2022 and Friday, March 25, 2022 CITY OF CARLSBAD CITY COUNCIL TO: CITY CLERK AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING LOCATION : ~00 Carlsbad Village Drive, Car ad, CA 92008 D Other: ________________ _ DATE POSTED TO CITY WEBSITE __ 2::,~/_,_J.L..<//'-'J."--'-;)...__ DATE NOTICES MAILED TO PROPERTY OWNERS: __ -_______ _ -NUMBER MAILED: I declare under penalty of perjury under the laws oft he State of Cal ifornia that I am employed by the City of Carlsbad ~the foregoing is true and correct. DEP RTMENT: Bc1TY CLERK'S OFFICE □OTHER _______ _ ,. Signature Date -------------------------------------~------------------------------------ SENT TO FOR PUBLICATION VIA E-MAIL TO: l.J'.:] Union Tribune on 3/2--?J~ D Coast News on· ----- PUBLICATION DATE: Union Tribune ------""":}).4-Jc?-""-.....:'SJ=-'--i-"'-Po_...::.~--=---=------ Coast News ______________ _ I d eclare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct . DEPARTMENT: ~TY CLERK'S OFFICE □ OTHER _______ _ Signature Date Attachments: 1) Mailing Labels 2) Notice w/ attachments NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council, acting as the Community Development Commission of the City of Carlsbad, will hold an in-person public hearing at 5 p.m. on Tuesday, April 5, 2022, to consider approval and authorizing submittal of the Public Housing Agency Annual Plan to the U.S. Department of Housing and Urban Development. The City of Carlsbad's Draft Annual Public Housing Agency Plan is available for public review. Copies of this document are available for review at: City Libraries (1250 Carlsbad Village Drive and 1775 Dove Lane), the Housing & Homeless Services Department (1200 Carlsbad Village Drive), the Senior Center (799 Pine Ave), and on the city's website: www.carlsbadca.gov/housing Those persons wishing to speak on the item are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Friday, April 1, 2022. If you have questions please contact Maria Campa, Program Manager, at 442-339-5355. If you challenge the Draft Annual Public Housing Agency Plan, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. PUBLISH: Friday, March 25, 2022 COMMUNITY DEVELOPMENT COMMISSION ■ .. ■ PROPERTY OWNER ASSESSMENT BALLOT Assessor's Parcel Number: 207-181-35-00 & 207-101-37-00 Owner Name: Marja Dawn Selna, Trustee of the Hoffman Legacy Trust Maximum FY 2021-22 Assessment Amount: $14,275.54 _. Yes, I am IN FAVOR of the levy of the assessment described in this assessment ballot on the properties described in this assessment ballot No, I am OPPOSED to the levy of the assessment described in this assessment ballot on the properties described in this assessment ballot The undersigned certifies under penalty of perjury that the undersigned is entitled to complete and submit this assessment ballot. Print na of person completing assessment ballot ■ Marja Acres Annexation Lighting & Landscaping District #2 Jason Rosado, Assistant to the Treasurer Roxanne Muhlmeister, Assistant Finance Director Finance Department April 5, 2022 { City of Carlsbad TODAY’S PRESENTATION •Overview •Public Hearing •Ballot tabulation and report from City Clerk’s Office •Adopt the resolution for annexation ITEM 9: MARJA ACRES ANNEXATION { City of Carlsbad STREET LIGHTING & LANDSCAPING DISTRICT NO. 2 •Street lighting •Street trees •Median landscaping ITEM 9: MARJA ACRES ANNEXATION { City of Carlsbad PACIFIC OCEAN MARJA ACRES DEVELOPEMENT •248 single family attached units •46 affordable senior units •1.95 commercial acres ITEM 9: MARJA ACRES ANNEXATION ANNUAL ASSESSMENT SINGLE FAMILY ATTACHED Street lights $2.18 Street trees 9.60 Median landscaping 35.80 Annual assessment $47.58 ITEM 9: MARJA ACRES ANNEXATION ACTION ITEMS •Conduct the Public hearing •Ballot tabulation and report •Adopt the resolution f ITEM 9: MARJA ACRES ANNEXATION { City of Carlsbad