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HomeMy WebLinkAboutCC RESO 2005 - 152RESOLUTION NO. 2005 — 152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of National City, California, has previously formed a special maintenance district 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 (the 1972 Act), said special maintenance district known and designated as Landscape Maintenance District No.1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District; and WHEREAS, there has been presented and approved by this City the Assessment Engineer's Report ("Report"), as required by the 1972 and Article XIII D of the Constitution (Article XIII D"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct PROCEDURES Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced Maintenance District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map Resolution No. 2005 — 152 July 19, 2005 Page 2 as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminary approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC MEETING Section 5. NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING AND A PUBLIC HEARING ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, ON THE FOLLOWING DATES: A. PUBLIC MEETING: August 1, 2005 AT 4:OOPM B. PUBLIC HEARING: August 2, 2005 AT 6:OOPM ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. ATTEST: PASSED and ADOPTED this 19th day of July, 2005. Nic "e ra', Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney TENTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MELE OF CARS) City of National City, California (Pursuant to the Landscaping and Lighting Act of 1972) In 1995, the City Council of the City of National City, California, adopted a Resolution ordering the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972", being Division 12, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Act"), for purposes of authorizing the levy of special assessments for certain maintenance work in a special assessment district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "District"). An Engineer's Report dated February 15, 1995, was prepared and submitted as ordered by the legislative body. Folidwing the date of the Engineer's Report certain changes were made to the project. Such changeswere described in the First Amended Engineer's Report dated August 1, 1996 and in the Second Amended Engineer's Report dated July 31, 1997. Since that time, the budget and assessment 'schedule have been reviewed, and an Amended Engineer's Report has been prepared each year. The most recent Engineer's report was the Ninth Amended Engineer's Report dated May 26, 2004 Additional information is now available regarding actual expenditures. Adjustments are therefore necessary to the cost estimates and assessment schedule. This "Tenth Amended Engineer's Report", is prepared and submitted in four parts, consisting of the following: Part I. Plans and Specifications. The plans and specifications describe the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. The plans and specifications are unchanged from the Ninth Amended Engineer's Report. Part H. Cost Estimate. The cost estimate includes all costs relating to maintaining the impro gments for the next fiscal year, including appropriate incidental expenses. Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries of the District, as well as setting forth each individual lot or parcel. Each parcel is identified by a distinctive number or letter and the lines and dimensions of each lot confo '. to those as shown on the latest County Assessor's map. The Assessment Dia if • SO is unchanged from the Ninth Amended Engineer's Report. Part IV. Assessment Schedule. The assessment schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each assessable lot or parcel by reference to a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above -referenced diagram. All lots and parcels of land known as public property, as defined under Section 22663 of the Act, have been omitted and are exempt from any assessment under these proceedings. This report is applicable for the maintenance of improvements within the district for the fiscal year commencing July 1, 2005 and ending June 30, 2006. Dated: June 27, 2005 Nasland Engineering . - Assessment Engineer City of National City State of California EXHIBIT "A" PART I Plans and Specifications The plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications snow the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: 1. Median Improvements: • Landscape planting and irrigation • Colored concrete hardscape • Lighting ?system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street. Landscape planting and irrigation Colored concrete sidewalks and mow curbs Street furniture A general description of the maintenance to be performed on such improvements is described as follows: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering including water usage • Fertilizin • Plant replacement • Periodic JJs kenning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of wom-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents PART II Cost Estimate for FY 2004 - 2005 The estimated total costs for maintenance of the improvements are those as hereinafter set forth below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit Median Frontage Improvements Improvements Cost of Annual Maintenance $54,800 $46,000 Incidentals: A. Administration 300 300 B. Advertising 200 200 C. Legal Fees 100 100 D. Engineering 700 500 Total Incidentals 1,300 1,100 Total Estimated Annual Cost 56,100 47,100 Surplus or Deficit 00 00 NET ANNUAL ASSESSMENT $56,100 $47,.100 PART III Assessment Diagram The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The assessment diaa ain further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A copy of the assessment diagram is attached hereto, referenced and incorporated. PART IV Assessment Schedule. . I, an authorized representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance $54,800 Incidental Expenses $41,100 1,300 Total Costs ,00 56,100 47,100 Balance to Assessment 56,100 47,100 Surplus/Deficit 0 0 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll. The Assessment Schedule refers to the County Assessor's Maps- for a description of the lots or parcels, and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the improvements to be maintained. For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the following list of annual assessments, and for particulars as to the formula for the allocation of the costs, reference is made to the Method and Formula of Assessment Spread attached hereto as Exhibit "A". The assessments are those as confirmed in Column I, unless a different figure appears in Column 11, as modified. Assesment Number 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Total I 11 Assessor's Parcel Amount of Assessment Number Assessment as Confirmed 560-210-01 $ 1,460.75 560-210-04 1,928.19 560-210-42 350.58 560-210-4 584.30 560-210-40 2,465.75 560-261-08 3,155.22 560-271-14 1,110.17 560-271-07 876.45 560-271-09 584.30 560-271-15 1,168.60 560-330-03 6906.43 562-021-01 1,168.60 562-021-07 1,869.76 562-031-14 1,869.76 562-031-13 1,285.46 562-090-06 3,155.22 562-100-14 1,577.61 562-100-13 1,577.61 562-160-07 3,505.80 562-180-32 958.25 562-180-33 1,484.12 562-251-37 2,360.57 562-251-38 1,951.56 562-252-15 3,856.38 562-321-07 2,126.85 (Parcel owned by City) 0.00 562-330-42 888.14 562-330-35 2,909.81 562-220-32 3,669.40 562-220-31 1,811.33 562-220-13 2,687.78 562-220-11 631.97 562-150-13 2,442.37 562-340-09 3,505.80 562-340-48 5,095.10 562-340-47 1,916.50 562-340-70 3,505.80 562-340-69 3,388.94 562-340-50 3,505.80 562-340-49 3,400.63 560-393-04 5,609.28 560-393-03 1,636.04 560-204-02 1,636.04 560-204-04 2,220.04 560-203-03 3,400.63 562-330-43 0.00 $ 103,200.00 This Assessment has been prepared pursuant to the "Landscaping and Lighting Act of 1972". The net amount to be assessed upon the lands and parcels within the boundaries of the District has been spread and apportioned in accordance with the benefits received from the improvements, and in my opinion the costs and expenses have been assessed in direct relationship to the benefits received from the maintenance of the improvements. Dated: June 27, 2005 Nasland Engineering -�..e..Z,/ Assessment Engineer City of National City State of California A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and the Superintendent of Stlreets on the day of , 2005. City Clerk City of National City State of California Superintendent of Streets of National City State of California Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report was made on the day of 2005, by adoption of Resolution No. by the City Council. City Clerk City of National City State of California EXHIBIT "A" METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to be maintainer. The statute doe, not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the services of Nasland Engineering. IDENTIFY THE BENEFIT First of all, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final. method and spread and assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two Categories of improvements to be maintained by the District. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2. Parcel 26 (APN 562-321-08) is owned by the City of National City, not subject to assessment. 3. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. 4. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on the frontage of each such parcel on National City Boulevard. The frontage of each ]arcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. FUTURE ANNUAL ADJUSTMENT IN ASSESSMENT The annual assessment to be levied on all properties within the district in fiscal year 2006-2007 and thereafter shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an amount which would be in excess of the amount authorized pursuant to the application of the above formula, such annual assessment shall be considered a "new or increased assessment" as such term is used in Government Code Section 54954.6. In conclusion, it is my opinion that the assessments for the above -referenced District have been spread in direct accordance with the benefits that each parcel receives from the improvements to be maintained. Dated: June 27, 2005 Nasland Engineering Assessment Engineer City of National City State of California EXHIBIT `B" ESTIMATED COST OF ANNUAL MAINTENANCE FY 2005-2006 Median Frontage Improvements Improvements 1. Lawn planting care 0 $ 29,300 2. Median planting care 1 $ 14,700 0 3. Palm tree maintenance $ 4,000 $ 4,000 4. Water usage $ 12,500 $ 12,500 5. Refurbishment of graphics panels $ 8,300 0 6. General maintenance of electrical system $ 6,200 0 7. Electrical usage $ 8,800 0 8. Miscellaneous $ 300 $ 200. TOTAL: $54,800 $46,000 • FLED iN THE OFFICE OF THE CITY CLERK OF THE CTY. DF NA5ONAL THIS IS_DAY OF1996. a Y'CLERK CITY OF NATIONAL CITY STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE SUPERIDAYNTENDENT OF STRE996. S OF THE CITY 6 NATIONAL CITY 1H5 SUPERINTENDENT OF STREETS OTT OF NATIONAL CITY STATE OF CALIFORNIA AN ASSESSMENT WAS LEVIED 91• THE CITY CXODNCII CN THE LOTS, PIECES. AND PARCELS OF LAND SI017N.OR MIS AASSESSMENT DIAGRAM. 5AI0 ASSESSMENT WAS LEVIED ON TIE____ 5MD ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS CC SAID aTY ON TIE DAY OF - 11996. REFERENCE 15 MADE TO THE ASSESSMENT ROLL RECORDED IN. THE OFFICE OF THE SUPERINTENDENT OF STREETS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED OADRAM AGAINST EACH PARCEL CC LAND SHOW ON DHIS ASSESSMENT CITY CLERK aTY OF NATIONAL OW STATE OF CNJFORNIA FLED THIS DAY OF . 1996. AT THE HOUR Of O'CLOCK _ .M. 64 BOOK-OFMAPS OF ASSESSMENT AND COIMMUNITY F 65 DISTRICTS IN NE COMITY OF SAN OFFICE OF THE COUNTY RECORDER OF DIEGO. CAUFORIMA. • COUNTY RECORDER COUNTY CC SAN DIEGO STATE OF CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALFORNA O 560-210-01 125' 560-210-04 165' NATIONAL 291' 560-203-03 d b 560-2`1010-40 b ' 3 ' 50' 211' ay eouEVAno 190' 560-204-04 O O 560-261-0B 270' 140' 140 560-204-02 560-393-03 O EXTERIOR BOUNDARY OF DISTRICT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 102 203 ]W IOU 560-271-14 95' 460' 560-393-04 O i 75 5' 1 i 5D' SHEET 1 OF 3 SHEETS 560-271-I 100' W 01 THE FRONTAGE OF EACH PARCEL IS BASED UPON.: CURRENT COUNTY ASSESSOR'S MAPS ANO SHOWN PHEREON f MAPS FOR THE NEAREST S. PERTY ORIEN90N5 NO . NASLAND ENGINEERING CYO. 660m612/010 • 6MSUM.. • LAND PLANNING 4T40 INIT.. Wed, Met, NOTE: ORIGINAL SHEET SIZE 18' x 26' N.E. JOB No. 105-148 NATIONAL 291' 562-340-49 1 L CITY AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 562-340-50 562-021-01 100' 562-021-07 160' N L 562-031-14 160' 562-031-13 110' 2 562-340-69 O 1 TRANSPORTATION AVENUE 562-340-70 562-090-06 270' NATIONAL 164' 562-340-47 O DIY 562-1000-14 135' SHEET 2 OF 3 SHEt I 562-100-13 135' BOULEVARD 436' 562-340-45 O 7 100 EXTERIOR BOUNDARY OF DISTRICT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 200 �WW 7NE FRONTACE 01 EACH PARCEL IS BASED UPON CURRENT COUNTY ASSESSOR'S NAPS AND SHOW PARCEL NAPS FOR PROPEON TO THE R Y DIMENSIONS NOT OOT. REFER TO W. NASLAND ENGINEERING 4740 CIVIL 5Us40u 1DIA, Calwab. 021Nu 1-82'-27706 NOTE ORIGINAL SI-IET SIZE 18' x 26' N.E. JOB No.105-148 4- 562-160-07 300' 82' AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CRY OF NATIONAL CITY 300• 562-340-09 209' 562-150-13 TRANSPORTATION AVENUE • COUNTY OF SAN DIEGO STATE OF CALIFORNIA 562-251-37 202• NATIONAL CfTY BOULEVARD 100 562-321-06 EXTERIOR BOUNDARY OF DISTRICT NOW THE FRONTAGE CT EACH PARCEL IS BASED UPON CURRENT COUNTY ASSESSOR'S MAPS AND SHONN HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOVE. 100 300 400 148' SHEET 3 OF 3 SHEETS REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING CIVIL ENGNIEVRING • SURVEYING • LAND PLANNING MO haw Stmt. S. Mq., CATINads, ar11 • eM—MC—YCe NOTES ORIGINAL SHEET SIZE 18'x26' NE.JOG No.105-148