HomeMy WebLinkAboutCC RESO 2006-137RESOLUTION NO. 2006 — 137
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 A PUBLIC HEARING THEREON
(LANDSCAPE MAINTENANCE DISTRICT NO. 1 — MILE OF CARS)
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 conduct 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 XIIID of the Constitution
(Article XIIID"), 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 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.
Resolution No,. 2006 — 137
July 18, 2006
Page 2
REPORT OF ENGINEER
Section 4. That the "Report" of the Engineer, as preliminarily 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.
ADJUSTMENT IN ASSESSMENTS
Section 5. That the proposed assessments do not constitute an increase from the
previous year in a manner not anticipated by the Engineer's Report dated February 15, 1995, as
amended.
PUBLIC HEARING
Section 6. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY
SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING
THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BOULEVARD, NATIONAL
CITY, CA, ON AUGUST 1, 2006, AT 5:00 P.M.
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.
PASSED and ADOPTED this 18th day of July, 2006.
ATTEST:
Michael Della, !/ty Jerk
APPROVED AS TO FORM:
ar-
George H. Eiser, III
City Attorney
Nick zunza,'M yor
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 "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. 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 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
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 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, 2006 and ending June 30, 2007.
Dated: Jul 12, 2006
Y Nasland Engineering
Assessment Engineer
City of National City
State of California
EXHIBIT "A"
ND. 2,7J l . iJ
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\sT`DF C f�;5:/
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 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:
• 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
• 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
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 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
IIB 11
Cost of Annual Maintenance
Median Frontage
Improvements Improvements
$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
NET ANNUAL ASSESSMENT $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 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 II,
as modified.
I II
Assesment Assessor's Parcel Amount of Assessment
Number Number Assessment as Confirmed
1 560-210-01 ' $ 1,602.25
2 560-210-04 2,114.97
3 560-210-42 384.54
4 560-210-41 640.90
5 560-210-40 2,704.60
6 560-261-08 3,460.87
7 560-271-14 1,217.71
8 560-271-07 961.35
9 560-271-09 640.90
10 560-271-15 1,281.80
11 560-330-03 7,575.46
12 562-021-01 1,281.80
13 562-021-07 2,050.88
14 562-031-14 2,050.88
15 562-031-13 1,409.98
16 562-090-06 3,460.87
17 562-100-14 1,730.43
18 562-100-13 1,730.43
19 562-160-07 3,845.41
20 562-180-32 1,051.08
21 562-180-33 1,627.89
22 562-251-37 2,589.24
23 562-251-38 2,140.61
24 562-252-15 4,229.95
25 562-321-07 2,332.88
26 (Parcel owned by City) 0.00
27 562-330-42 974.17
28 562-330-35 3,191.69
29 562-220-32 4,024.86
30 562-220-31 1,986.79
31 562-220-13 2,948.15
32 562-220-11 696.18
33 562-150-13 2,678.97
34 562-340-09 3,845.41
35 562-340-48 5,588.66
36 562-340-47 2,102.16
37 562-340-70 3,845.41
38 562-340-69 3,717.23
39 562-340-50 3,845.41
40 562-340-49 3,730.05
41 560-393-04 6,152.66
42 560-393-03 1,794.52
43 560-204-02 1,794.52
44 560-204-04 2,435.43
45 560-203-03 3,730.05
46 562-330-43 0.00
Total $ 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
"244--
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 , 2006.
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 2006, by adoption of Resolution No. by the City
Council.
City Clerk
City of National City
State of California
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
lasland 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 f , 2006.
City Clerk
Ciiy 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 flay of 2006, by adoption of Resolution No. 7.1)1) 6 -Nay the City
Council. fa 0 SuS+ i 2.006
Ci lerlt
City of Nation • City
Sate 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
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, 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 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.
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
C✓,1 t' G_ ?mot-�-'
Assessment Engineer
City of National City
State of California
EXI3IBIT `B"
ESTIMATED COST OF ANNUAL MAIN 11-_,NANCE
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
=RK OF THE CITY OF NATIONAL
996.
Y CLERK
Y OF NATIONAL CITY
1TE OF CALIFORNIA
'FRINTENOENT OF STREETS OF THE
DAY OF 1996
'ERINTENDENT OF STREETS
Y Of NATIONAL CITY
‘TE OF CALIFORNIA
CITY COUNCIL ON THE LOTS.
N ON THIS ASSESSMENT DIAGRAM.
DAY OF 1996.
ASSESSMENT ROLL WERE RECORDED
JT OF STREETS DF SAID CITY
REFERENCE 15 MADE TO THE
OFFICE OF THE SUPERINTENDENT
OF EACH ASSESSMENT IENED
4N ON THIS ASSESSMENT DIAGRAM.
f CLERK
! CIF NATIONAL CITY
.TIE OF CALIFORNIA
1996. AT THE HOUR
_OF MAPS OF
nE5 DISTRICTS IN THE
THE COUNTY OF SAN
RTTY RECORDER
'NTY OF SAN DIEGO
TE OF CALIFORNIA
AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NATIONAL CRY
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
560-210-01
560-210-04
25" 165'
NATIONAL
50'
CITY
560-2,0-10
211'
BOULEVARD
SHEET 1 OF 3 SHEETS
6
560-261-0B
270'
550-271-14
95'
d
50
m
560-271-15
100'
291
560-2D3-03
190
560-204-04
140
560-204-02
140
560-393-03
480'
560-393-04
REVISED 8-1-96
REVISED 6-11-97
REVISED 6-19-02
REVISED 6-09-03
REVISED 5-26-04
100 D 100
209
EXTERIOR BOUNDARY
OF DISTRICT
300
N
NO
THE FRONTAGE OF EACH PARCEL IS BASED UPON
CURRENT COUNTY ASSESSOR'S MAPS AND SHOWN
HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S
PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOWN.
NASLAND ENGINEERING
CIVIL EN' •INEERING • SURVEYING . LAND PLANIGNG
1710 Ruffner 187,1, S•¢ Ric.v. Cal..., 92111 • 019-92-7770
:_ET 2 OF 3 SHEET
15E0 UPON
ND SHOWN
R TO ASSESSOR'S
1F15 NO1 SHOWN.
JGINEERING
EYING • LAND MANNINO
019l200., 92111 • 019-292-7070
NOTE ORIGINAL SHEET
SIZE 18' x 26'
N.E. JOB No. 105-148
JOB Na 105-148
Passed and adopted by the Council of the City of National City, California, on July 18,
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 Clerk of the City of rUational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-137 of the City of National City, California, passed and
adopted by the Council of said City on July 18, 2006.
City Clerk of the City of National City, California
By:
Deputy