HomeMy WebLinkAboutCC RESO 2005 - 170RESOLUTION NO. 2005 — 170
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
CONFIRMING THE DIAGRAM AND ASSESSMENT
AND PROVIDING FOR THE LEVY OF
THE ANNUAL ASSESSMENT IN A
SPECIAL MAINTENANCE DISTRICT
WHEREAS, the City Council of the City of National City, California, has
initiated proceedings for the levy of the annual assessment in a special maintenance
district created 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 "Act"), Article XIII D of the Constitution of the State of California and the Proposition
218 Omnibus Implementation Act (Government Code Section 53750 and following;
Article XIII D and such implementation act may be referred to collectively herein as
"Article XIII D"), in a special maintenance district known and designated as Landscape
Maintenance District No.1 (Mile of Cars), hereinafter referred to as the "District"; and
WHEREAS, at this time all notice and public hearing requirements have
been met relating to the levy of the annual assessments; and
WHEREAS, the City Council has received a report from the Assessment
Engineer (the Assessment Engineer's Report") and this City Council is now satisfied
with the assessment and diagram and all other matters as contained in the Assessment
Engineer's Report as now submitted for the final consideration and approval.
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. The City Council hereby finds and determines that the procedures
for the consideration of the levy of the annual assessment have been undertaken in
accordance with both the Act and Article XIII D inasmuch as the proposed assessments
for the Fiscal Year 2005-06 are not proposed to be increased over the assessment
previously authorized to be levied.
DETERMINATION AND CONFIRMATION
Section 3. The final assessment and diagram for the proceedings, as
contained in the Assessment Engineer's Report, attached hereto as Exhibit "A", is herby
approved and confirmed.
Resolution No. 2005 — 170
August 2, 2005
Page 2
Based upon the Assessment Engineer's Report and the testimony and
other evidence presented at the public hearing, the City Council hereby makes the
following determinations regarding the assessments proposed to be imposed:
a. The proportionate special benefit derived by each individual parcel
assessed has been determined in relationship to the entirety of the cost of
the operations and maintenance expenses.
b. The assessments do not exceed the reasonable cost of the proportional
special benefit conferred on each parcel.
c. Only the special benefits have been assessed.
d. There are no publicly owned parcels within the District.
The assessments for the District contained in the Assessment Engineer's
Report for the next fiscal year are hereby confirmed and levied upon the respective Tots
or parcels in the District in the amounts as set forth in such Assessment Engineer's
Report.
ORDERING OF MAINTENANCE
Section 4. 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.
FILING WITH CITY CLERK AND CITY ENGINEER
Section 5. The above -referenced diagram and assessment shall be filed in the
Office of the City Clerk, with certified copy to be filed in the Office of the City Engineer.
Said diagram and assessment and the certified copy thereof, shall be open for public
inspection.
FILING WITH THE COUNTY AUDITOR
Section 6. The City Clerk is hereby ordered and directed to immediately file a
certified copy of the diagram and assessment with the County Auditor. Said filing to be
made no later than the 3`d Monday in August.
Resolution No. 2005 — 170
August 2, 2005
Page 3
ENTRY UPON THE ASSESSMENT ROLL
Section 7. After the filing of the diagram and assessment the County Auditor
shall enter on the County assessment roll opposite each lot or parcel of the land the
amount assessed thereupon, as shown in the assessment.
COLLECTION AND PAYMENT
Section 8. The assessments shall be collected at the same time and in the
same manner as the County taxes are collected, and all laws providing for the collection
and enforcement of the County taxes shall apply to the collection and enforcement of
the assessments.
FISCAL YEAR
Section 9. The assessments as above authorized and levied for these
proceedings will provide revenue and related to the fiscal year commencing July 1,
2005, and ending June 30, 2006.
PASSED and ADOPTED this 2nd day of August, 2005.
Nick Inzunza, Mayor
ATTEST:
Mic ael Dalla / ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
TENTH AMENDED ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE 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, comme sing with Section 22500 (the "Act"), for purposes of authorizing the levy of
special assessments or certain maintenance work in a special assessment district known and
designated as Lands to 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. Following the date .of the Engineer's Report certain changes were made to the
project. Such change& were 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 L
Plans and Specifications. The plans and specifications describe the general nature,
locatign, 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 II. Cost Estimate. The cost estimate includes all costs relating to maintaining the
improvei'ments for the next fiscal year, including appropriate incidental expenses.
Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries
of the istnct, as well as setting forth each individual lot or parcel. Each parcel is
identif?ed 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 a 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 lotsand 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"
PARTI
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, 1oca ion 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:
• Landsca a planting and irrigation
• Colored oncrete hardscape
• Lighting stem
• Graphic panels, banners and signage
• Painted a osswalks
• Identific on sign at 28rd Street and McKinley Avenue.
2. Frontage Improvements
• Improvements to parkways on both sides of National City Boulevard between 18th
Street and 33rd Street.
• Landscaplia planting and inrgation
• 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 repl ment
Periodic kinning of palm trees
'2. Maintenance of Irrigation System
• Adjustm lent of timers
• Repair/replacement of worn-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
miscellaneou$ equipment
6. Maintenance pf 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 2,004 - 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
Cost of Annual Maintenance
Median Frontage
Improvements Improvements
$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 RI
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 diagram further identifies each lot or
parcel by a distinctive umber or letter. For a detailed description of the lines and dimensions of
any lot or parcel, refere a 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 $46,000
Incidental Expenses 1,300 1,100
Total Costs 56,100 47,100
Surplus/Deficit 0 0
Balance to Assessment 56,100 47,100
I do hereby assess and a.portion 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 th costs, reference is made to the Method and Formula of Assessment
Spread attached hereto Exhibit "A".
The assessments are those as confirmed in Column I, unless a different figure appears in Column lI,
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
1 II
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
560-210-41 584.30
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 asses�ed 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 xpenses have been assessed in direct relationship to the benefits received
from the maintenance o the improvements.
Dated: June 27, 2005
Nasland Engineering
��."/ c Assessment Engineer
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 Streets 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 th'e 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 maintained. 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 serpices of Nasland Engineering.
IDENTIFY THE BENEr'f1'
First of all, it is necess to identify the benefit that the improvements to be maintained will render
to the properties within a boundaries of the District. The improvements significantly improve the
visual appearance of th!e 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 ategories 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 parcel 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.
i
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 amolint 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
2. Median planting care I $ 29,300
$ 14,700 0
3. Palm tree maintenance
4. Water usage $ 4,000 $ 4,000
$ 12,500 $ 12,500
5. Refurbishment of graphics panels $ 8,300 0
6. General maintenance of electrical system $ 6,200
7. Electrical usage 0
8. Miscellaneous $ 8,800 0
$ 300 $ 200.
TOTAL:
$54,800 $46,000
TIED N THE °MITE or THE air UERN OF 'ME aTy,or NAnorml
CITY THIS DAY a , 1996.
OTY•CIERX
air or NATIONAL air
STATE O: CALIFORNIA
RECORDED N 111E OFFICE OF THE SUPERINTENDENT OF 51REE15 Or ATE
CITY oF NATIONAL air WAS DAY d• 1996.
SSPERNTE001NT Or STREETS
CITY Or NAMINAL city
57A1E Or CALFORMA
AN ASSESSMENT WAS IPAFD By THE CITY CODICIL ow THE LOTS.
PIECES. M00 PARCELS OF LAND Smut*. oil A95 A55r(SME T DIAGRAM.
5AM A5569IENT WAS IENED ON THE DAY OF 1996;
5A0 ARFco9NT DIAGRAM AID THE ASSESSMENT ROLL NERE RECORDED
N THE OFFICE OF DIE SUPERINTENDENT OF STREETS OF SA00 OTT
ON THE_____DAY OF • 1996. REiDRENcE 6 MADE TO THE
ASSESSMENT ROLL WOWED N 111E MICE OF THE SUPEIINI040001
or 5N¢0n FOR THE EXACT yA(Nr OF EACH ASSESSMENT LEVIED
AGA05T EACH ►McO. O' TARO 90.1H ON THIS ASSESSMENT DIAGRAM.
G1Y CLERK
LTTY OF NATIONAL Orr
STATE OF CALIFORNIA
FRED 1H5 DAT OF 1996, AT THE HOUR
or_Da.Dac _JA. N Boat DF MAPS O-
ASSESSMENT AND 03RANIRR7T TAaU11E5 OS79C1S N 111E
OFFICE or THE COLMTY RECORDER of THE COUNTY Or SAN
DEG°, cAuF0lNI&
COUNTY RECORDER
COUNTY OF SAN DieGO
STATE OF CAUFCRNIA
AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NATIONAL CITY
COUNTY OF SAN DIEGO
STATE OF CAUFORNIA
0
56D-210-01
I25"
0
560-210-0R
165
.\J
30'
so'
0
S60-210-a
211'
NATIONAL CfTY BOULEVARD
SHEET 1 OF 3 SHEETS
560-203-03
190'
56o-Rol-0R
TRY
56o-204-02
O
140'
560-393-03
T00'
560--393-04
REMISED 8-1-96
REVISED 6-11-97
REVISED 6-19-02
REVISED 6-09-03 "
REVISED 5-26-04
TOO 0 100 200
EXTERIOR BOROMY
OF DIS1WCT
300
Ni
1
1
II
%h FRONTAGE OF EACHSOR'PARCEL IS BASED UPON. .•
APS ANO
HEREON TO AIE COUNT( C REFER 70 ASSESSOR'S'
►MCEL NAPS Fo R Mawr T1RIat0I0N5 Noy 5H0WN.
g,'
MVO. INcmmt906 . SOR0RYNG . WID MARMNO
6NC RNlrt Pad. 1.. OW, ONaMA EQ111 •l Ui11-7T70
NASLAND ENGINEERING
NOTE ORIGINAL SHEET
SIZE18'r
N.E. JOB 105-148
AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NATIONAL CITY
COUNTY OF SAN DIEGO
STATE OF CALLA
560-330-03
591'
NATIONAL
291'
562-340-H
CRY
BOULEVARD
300"
562-340-50
562-031-14
160'
290.
562-340-09
O
562-340-70
TRAM RfAT10N
562-090-01
270'
NATIONAL ari
ET2OF3SHEETE
562-100-,4
135"
562-100-13
135'
BOULEVARD
164'
562-340-47
436"
562-340-40
100
EXTERIOR BOUNDARY
OF DISARM'
REVISED 8-1-96
REVISED 6-11-97
REVISED 6-19-02
REVISED 6-09-03
REVISED 5-26-04
• 100 ZOO
300
THE FRONTAGE Of EACH PARCEL IS BASED UPON
CURRENT COUNTY ASSESSOR'S MAPS ANO 580464
HEREON TO THE NEAREST FOOT_ REFER TO A557350R'S
PARCEL MAPS FOR PROPERTY 09AEN90/4S NOT SHOWN.
NASLAND ENGINEERING
MIL n GEREERoc . SURVEYING . LAND ?W60IX0
4740 6.wv 044.4. 3.• 61a+ 0461•••14 •a11 • MftK-1219
NOTE ORIGINAL £II ICET
I7F18'x26'
N.E JOB No. 105-148 -
4-
AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO.1 (MILE OF CARS)
CRY OF NATIONAL CRY
COUNTY OF SAN DIEGO
STATE OF CAUFORNA
M
562-160-07
300'
562-180-32
ex'
562-100-33
127'
Sao•
562-310-09
209•
S62-150-13
TRANSPOfifA71ON AVEt&E
562-251-37
202'
562-251-30
far
NATIONAL CITY BOULEYAAD
SHEET 3 OF 3 SHEETS
562-252-15
330'
EXTERIOR BOINOMY
OF DISTRICT
562-321-07
182'
562-321-08
148'
tlTNE FRONTAGE OF EACH PARCEL 7 BASER UPON
CURRENT COUNTY ASSESSORS MAPS ANC 9011N
HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S
PARCEL MAPS FOR PROPERTY 011.113FAO/S NOT 940YN.
100 100 56 200 400
I"��IIIN11114114�.��1141411N4�J"��
NOTE: ORIGINAL SHEET
SIZE 18'
REVS 8-1-96
•FEVISED 6-11-97
REVISED 6-19-02
REVISED 6-09-03
REVISED 5-26-04
® GITa 1010.8DE ING . 3DRItTOC . LAND PLONK=
4746 OMM.r Av t 3.6 Mel. C 40.nM. 9a0 • 016-102-7710
NASLAND ENGINEERING
NE JOB A' - 105-148
Passed and adopted by the Council of the City of National City, California, on August 2,
2005, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: Inzunza
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
City irk of�National ity, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-170 of the City of National City, California, passed and
adopted by the Council of said City on August 2, 2005.
City Clerk of the City of National City, California
By:
Deputy