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HomeMy WebLinkAboutCC RESO 2006-160RESOLUTION NO. 2006 — 160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT ENGINEER'S REPORT, AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT WITHIN A SPECIAL MAINTENANCE DISTRICT (LANDSCAPE MAINTENANCE DISTRICT NO. 1 — MILE OF CARS) WHEREAS, the City Council of the City of National City, 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") and Article XIID of the Constitution of the State of California ("Article XIII D"), by previous Resolution, has obtained an Assessment Engineer's Report ("Report") for the annual levy of assessments within a special maintenance district, 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, the "Report" has now been presented to this City Council as required by the 1972 Act and Article XIID, and as previously directed by Resolution; and WHEREAS, the City Council has examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said "Report". 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 "Report" as presented consists of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the Maintenance District for the referenced fiscal year; C. A diagram for the Maintenance District, showing the area and properties proposed to be assessed; D. An assessment of the estimated costs of the maintenance, assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefits received. E. 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 1972 Act and Article XIII D inasmuch as the proposed assessments for the Fiscal Year 2006-2007 are not proposed to be increased over the assessment previously authorized to be levied. Resolution No. 2006 — 160 August 1, 2006 Page 2 DETERMINATION AND CONFIRMATION Section 3. The final assessment and diagram for the proceedings, as contained in the Assessment Engineer's Report, is hereby approved and confirmed. Based upon the Assessment Engineer's Report, attached hereto as Attachment 1, 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. 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 lots 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 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 3rd Monday in August. 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. Resolution No. 2006 — 160 August 1, 2006 Page 3 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, 2006 and ending June 30, 2007. PASSED and ADOPTED this 1st day of August, 2006. Nick Ine440 -yor ATTEST: 4 Micha-I Dalla, Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney • ELEVENTH 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 "Reportpursuant 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. Following the date of the Engineer's Report certain changes were made to the project. Such changes 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 Tenth Amended Engineer's Report dated June 27, 2005. Information is now available regarding actual expenditures for the past fiscal year. Adjustments are therefore necessary to the cost estimates and assessment schedule. This "Eleventh 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 Tenth Amended! Engineer's Report. • Part II. Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal year, including appropriate incidental expenses. Part M. 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 aldistinctive number or letter and the lines and dimensionsof each lot conform to those as shown on the latest County Assessor's map. The Assessment Diagram is unchanged from the Tenth Amended Engineer's Report. Part 1V. 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, 2006 and ending June 30, 2007. Dated: July12, 2006 Nasland Engineering Assessment Engineer City of National City State of California A. Attachment 1 PART I Plans and Specifications The plans and specifications for the works of improvements an.d the maintenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications show 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: • I andscape 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 n}aintenance to be performed on such improvements is described as follows: 1. General Plant Maintenance Mowing, trimming, pruning and weeding Watering, including water usage • • • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment 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 miscellaneous equipment 6. Maintenance of electrical system • Bulb replacHment • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal S. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents PART la Cost Estimate for FY 2006 - 2007 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 $60,500 $50,300 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 61,800 51,400 Surplus or Deficit 00 00 NETANNUAL ASSESSMEr $61,800 $51,400 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 Diagram 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 $60,500 $50,300 Incidental Expenses 1,300 1,100 Total Costs 61,800 51,400 Surplus/Deficit 0 0 Balance to Assessment 61,800 51,400 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 govem 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 Il, 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 II Assessor's Parcel Amount of Assessment Number Assessment as Confirmed 560-210-01 $ 1,602.25 560-210-04 2,114.97 560-210-42 384.54 560-210-41 640.90 560-210-40 2,704.60 560-261-08 3,460.87 560-271-14 1,217.71 560-271-07 961.35 • 560-271-09 640.90 560-271-15 1,281.80 560-330-03 7,575.46 562-021-01 1,281.80 562-021-07 2,050.88 '562-031-14 2,050.88 562-031-13 1,409.98 562-090-06 3,460.87 562-100-14 1,730.43 562-100-13 1,730.43 '562-160-07 3,845.41 562-180-32 1,051.08 562-180-33 1,627.89 562-251-37 2,589.24 562-251-38 2,140.61 562-252-15 4,229.95 562-321-07 2,332.88 Cel owned. by City} 0.00 562-330-42 974.17 562-330-35 3,191.69 562-220-32 4,024.86 562-220-31 1,986.79 562-220-13 2,948.15 562-220-11 696.18 ;562-150-13 2,678.97 :562-340-09 3,845.41 562-340-48 5,588.66 562-340-47 2,102..16 562-340-70 3,845.41 562-340-69 . 3,717.23 562-340-50 3,845.41 562-340-49 3,730.05 560-393-04 6,152.66 560-393-03 1,794.52 560-204-02 1,794.52 560-204-04 2,435.43 560-203-03 3,730.05 562-330-43 0.00 $ 113,200.00 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: July 12, 2006 Nasland Engineering 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 Streets on the day of Av9u s+ 1 , 2006. City Clerk City 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--iiayy-of 2006, by adoption of Resolution No. oo6-1 oby the City Council. A 0 50S+ i oo A C. lerk City of Nation•. 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 maintained. The statute does not specify the method or foiuiula 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, 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 sigiage 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 maintepance 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 562-3 1-08) 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 fromcurrent 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 2007-2008 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: July 12, 2006 Nasland Engineering �1G24-- Assessment Engineer City of National City State of California EXHIBIT `B" ESTINIAI'ED COST OF ANNUAL MAINTENANCE FY 2006-2007 Median Frontage Improvements Improvements 1. Lawn planting care 0 $ 30,400 2. Median planting care $ 15,200 0 3. Palm tree maintenance $ 5,700 $ 5,700 4. Water usage $ 14,000 $ 14,000 5. Refurbishment of graphics panels $ 10,000 0 6. General maintenance of electrical system $, "6,500 0 7. Electrical usage $ 8,800 0 8. Miscellaneous $ 300 $ 200 TOTAL: - $60,500 $50,300 EKED N RE INFICE OF DE CITY CLERK OF 104E CM OF NATIONAL OIY DAS DAY OF 1994 CM CLERK OTT OF NATIONAL OTT STATE OF CALIFORNIA RECORDED N 11E OFFICE CF 104E SUPERINTENDENT OF STREETS OF 104E CIIT OF-NATKINAT. aTY DAS __DAY Or - ---1966.- .-. SUPERTON IC/01T OF STREETS CDT OF NATIONAL an STATE K CAINOORA AN AS5ES94E141 WAS LEVEE) BY 104E OTT COUNCIL ON TIE LOTS PECCS, ANTI PARCELS OF LAND "WEN ON 1Rs AM-93 EDIT (KAO7AN. SAID ASSESSMENT WAS LEWIN 011 THE —_OAT OF 19961 SAKI ASSESSMENT CACTAR ANO HE ASSESSMENT ROU. %ERE RECORDED N 11E 014110E OF DIE SUPERINTENDENT OF STREETS OF SATO 0TT ON DIE_ OAT OF 1996. REFERENCE IS MADE TO 1!E ASSESSMENT R0.L RECORDED 94 TIE OFFICE Cr 11E SUPERINTENDENT OF STREETS FOR 11E EXACT AYOUNI OF EACH A55ESSENT LEWD AGAINST EAai PARCEL cc LAND SHORN ON DOS ASSESSMENT MACIAM. art CLERK OTT OF NATIONAL (31T STATE OF CAUFOR9A FILED MIS DAY Or 1996, AT 11E HOUR OF O'CLOCK _ 31. N 8001( OF NAPS OF ASSESSMENT AND CO)NMINITY FACIUDES o151RICIS N THE FETTLE OF THE CONTT RECC41oER OF INC CONEY OF SAN DECO. CALEOIMA COUNTY RECORDER C01NTY OF sAN OE00 STATE OF CALEORIIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CRY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 0 560-211-0T 125' 0 560-210-04 I65' s6o-x1a-4o 2t1' NATIONAL Off WILE -YAM x91' 560-203-03 190 360-204-04 140 560-204-02 O 140 S60-393-03 EXTERIOR ROINOARY OF OSIIACT REVISED 8-1-96 REVISW 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 SHEET 1 OF 3 SHEETS 480 560-393-04 41 1 L 'MOON )N RDNCCV T ASSESSOR'SEAcu PARCEL IS PASCO 04011 CURRENT COUNTY ERCsT00 NAPS AND SNOY.N IEREON TO ME NEAREST FOp1. REFER f0 ASSESSORS PARCY3- NAPS LCi PROPERTT ONENCIWS NOT SHOW. © VAL CM TNEON140 - 9UIry5YIn0 • WO rullmrx. om Ibn.x 31,.. s., ..T.. C.MW.n4, nm{ • 1.-792-1,10 NASLAND ENGINEERING NOTE ORIGIN"' SHEET SIZE 26' N.E. JC' 105-148 L AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CRY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 3l 560-330-03 O NATIONAL CITY tIOULEVARD 551' 29F 562-340-49 O .101T 562-340-50 562-R21-01 100' 5620021-07 160' 562-031-14 160' 562-031-13 110' 290 562-340-69 TRANSPORTATION AVENUE 300 562-340-70 37 562-090-05 270' 562-100-14 135' SHEET 2 OF 3 SHEETS 562-100-13 135' NATIONAL CITY BOULEYAAD 164' 562-340-47 436' 562-340-45 EXTERIOR BOUNDARY • OF DIS1RIC1 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 V iRCNTACE OF F.CH PARCEL IS BASED UPON. CURRENT COUNTY ASSESSOR'S MAPS AND 5110YA4 HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SMONN. NASLAND ENGINEERING rnR uromcrm94 . svmcrmr, • urvo rUmm.Q a10 100n<r .cr..1, s,n M.6.. O61mn1., nN • ne-2R-nro NOTF: fIgnrmAi Q4lccr AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1(MILE . OF CARS) 300' 562-390-09 562-1BO-33 127' 209' 562r150-13 TRANSPORTATION AVENUE 562-32t-07 102 562-321-D6 CITY.OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 0 562-251-37 202' 0 S62-251-30 187' NATIONAL CRY BOULEVARD 562-252-15 330' --"--EXT ROR BOUNDARY OF 015Tlcr MONTAGE Cr EACH PARCEL 15 BASED OPCN CURRENT COUNTY ASSESSOR'S NAPS ANO SHORN HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DINEN510N5 NOT SNOMI. is 9 i09 7C0 70D 400 0 N SHEET 3 OF 3 SHEETJ REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING Lem, 6MRNccnmR • sumE}TNO • LAND rWM100 1510 AWN, Street Inn 5.p. CO.. , TAB • Re-202-77T1 NOTE: ORIGINAL SHEET SIZE 1°"— 26' N.E. JOU No. 105-148 Passed and adopted by the Council of the City of National City, California, on August 1, 2006, by the following vote, to -wit: Ayes: Councilmembers: Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent:' None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City CI: rk of the ity of)Vationai City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-160 of the City of National City, California, passed and adopted by the Council of said City on August 1, 2006. City Clerk of the City of National City, California By: Deputy