HomeMy WebLinkAboutCC RESO 2008-110RESOLUTION NO. 2008 — 110
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 THE
LANDSCAPE AND MAINTENANCE DISTRICT NO. 1,
AND SETTING A TIME AND PLACE FOR
A PUBLIC HEARING THEREON
(MILE OF CARS)
WHEREAS, the City Council of the City of National City previously formed a
special maintenance district pursuant to the "Landscaping and Lighting Act of 1972," as set forth
in Division 15, Part 2 of the California Streets and Highways Code (the "1972 Act"). The special
maintenance district is designated as Landscape Maintenance District No. 1 - Mile of Cars
("Maintenance District").
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 the City the
Assessment Engineer's Report ("Report"), as required by the 1972 Act 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:
Section 1.
RECITALS
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 Landscape
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 Landscape Maintenance District, which 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 the 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. 2008 — 110
June 17, 2008
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.
PUBLIC HEARING
Section 5. NOTICE IF 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, 91950, ON JULY 1, 2008, AFTER 6PM.
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 17th day of Jur 008.
on 1vlorrison IVayor
ATTEST:
APPROVED AS TO FORM:
George Ff. Eiser, III
City Attorney
THIRTEEN111 AMENDED ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICTNO.1(MILE OF CARS)
City of National City, California
(Pursuant to the Landscaping and Lighting Act of 1972)
In 1995, the City Council *Me Oijr of Nationatl city, itiorttia; moved a Resolution ordering
the preparation miffing frfing of an Engineer's "Report' pursuant to Ow prp4sIono ate "f andsrapin.
and Lighting Act of 1972' heingl) vision 12, Part 2 of the Sheets and Highways Code of. the St*
of Catfornia, cornnwneing with Section 22500 (the "Acr)„ for porposes'of authorizing the levy of
steal assessments r eealaln tiiaintenance work in a special assessment district brown and
designated as Landscape Maintenance District No: 1 (Mile of oral (hereinafter ief'ettt d to as
the 4DIstiict").
An Engineer's Report dated. February 15, 1995, was lamp and submitted .as ordered by the
1ejsiative body. Following the date of the Engineer's Report chin changes were made to the
VOW. Such dianges were: described in the T'irtst Amended i n i s Report dated August 1.-
1996 and 3n the Second 1 r�uded: @ int is RCpott dated July ''1 f,. Sho that time, the
ndgat and t saholule lave been ilealeVieft arel amp f itettcicd.i gin is out has been
pr ed each War, The incest recent i igtneei's report was the Twelfth, Aniended Borneo's Report
datedlinte 7, 2007. Hoed on an analysis of etpoulinneS, adjnaments are now -necessary to the:cest.
eslimateS-And-assOssitiesiit gcbitiftrie.
This "'Thirteenth Mended: Engi er's. Report", .is prepared and submitted in four parts, consisting
of the following
Part I. Pietas andSpecifications. The perand sped ficatimian,s d nbe .fl .l nature,
and _ oxtcni of the prOVOSed impTove _nip 18 to he maintained and the
maintenaneem he'peritonned. The glans and sp ific-tit-ons, are unchanged from the
Twelfth A e d intmr'•s Roport.
P I IL Cost. Winne. The cost estimate ids all costs Waringto main atg the
rtpn v irto for the next i , ntitading " ere Iti
n idental expenses.
The'cost:+esthnatc is, based on actuates won as antidipat fut= expendittnes.
Walla. r .. The Assessment IJiagt ms the exterihe benudaries
cif the District,es wofl as setting forth inch indiv d lotc parcel; f4arli Plmod is
idenfified by.a distil cfL iuii *ebt letter and the Mies and di ensions of eat lot
confonn to those as down ort the latest County ems. map. The Assessment
1)iegrasm is unchanged ft`on:whe'l Amended..Lngineer's.itepon.
Psit1V. Assessment Schedule.. The assessment schedule. sew forth the net amount to be
ssessv d upon all parcels and lairds withinthe Disuict, des ibing .each lot or parcel
by refeae ce to a specific numb r, and assessing the net amount upot the lots in
prepordon to the benefits to be received by each lotor parcel .as shown on the
above -referenced .dia ram
All lots and parcels of land known as public property, as defined under Section
22663 of the Act, have been omitted and am 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, 2008 and ending time 30, 2009. r, , ; C.'> ,,
•� mil~.
Dated:, June 3, 2008 iastapsl Engineering �'.. , .�tt A. ,•s ,
S
Cl. . `A
.L3lrt 19
,p.], a v K
� ka
N,�T A1ct/ v�>
:7N, ,M',
Assessment Engineer ", t. seu
City of National City t`" �r t
State of Califotnta
Ut-
EXHIBIT "A"
PA RT 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 shoe
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 signaae
• Painted crosswalks
• Identification sign at 23rd Street and McKinley Avenue.
�. Frontage Improvements
Improvements to parkways on both sides of National City Boulevard between l8th
• 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
3. Maintenance of Irrigation System
• Adjustment of timers
• Repair/replacement of worn-out. stolen or malfunctioning equipment
3. Periodic restriping of decorative crosswalks
1. Periodic repainting of metal benches and trash receptacles
5. Periodic repainting and repair of Tight 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. l.itter removal
8. Trash pick-up
9. Other repairs of damage caused he vandalism and/or traffic accidents
PART II
Cost Estimate
for
FY 2008 - 2009
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 S71.216.67 S57.083.33
Incidentals:
A. Administration 300.00 300.00
B. Advertising 200.00 2(X).00
C. I.eeal Fees 100.00 1(X).00
D. Engineering 700.00 500.00
Total Incidentals 1.300.00 1.100.00
Total istimatcd Annual Cost 72.516.67 58.183.33
Surplus or Deficit 00.00 _ 00.00
NET ANNUAL ASSESSMENT S72.516.67 S58.I83.33
PART III
Assessment Diagram
The Assessment Diagram sets forth (a) the exterior boundaries of the District and ib► 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 lever. 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 (Exhibit B) S71.216.67 S57.083.33
Incidental Expenses 1.300.00 1.100.00
Total Costs 72.516.67 58,183.33
Surplus/Deficit 0.00 0.00
Balance to Assessment 72.516.67 58.183.33
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 Tots 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 these as confirmed in Column 1. unless .i ditterent figure appears in Column 11.
as modified.
. 1 11
Assesment Assessor's Parcel Amount of Assessment
Number Number Assessment as Confirmed
1 560-210-01 S 1.849.76
2 560-210-04 2.441.69
3 560-210-42-143.94
4 560-210-41 739.91
5 560-210-40 3122.40
6 560-261-08 3.995.49
7 560-271- 1 4 1.405.82
8 560-271-07 1.109.86
9 560-271-09 739.91
10 560-271-15 1.479.81
11 560-330-03 8.745.69
12 562-021-01 1.479.81
13 562-021-07 2.367.70
14 562-031-14 2.367.70
15 562-031-13 1.627.79
16 562-090-06 3.995.49
17 562-100-14 1.997.75
18 562-100-13 1.997.75
19 562-160-07 4.439.-14
20 562-180-32 1.213.44
21 562-180-33 1.879.36
2 562 _51 37 2,989 22
23 562-251-38 2.471.28
24 562-252-15-1.883.38
25 562-321-07 2.693.26
26 (Parcel owned by City) 0.00
27 562-330-42 1.124.66
28 562-330-35 3.684.73
29 562-220-32 4.646.61
30 562-220-31 2.293.71
31 562-220-13 3.403.57
32 562-220-11 816.90
33 562-150-13 3.092.81
34 562-340-09-1.439.44
35 562-340-48 6.451.98
36 562-340-47 2.426.89
37 562-340-70 4.439.44
38 562-340-69-1.291.45
39 562-340-50 4.439.44
40 562-340-19 4.306.25
41 560-393-0-! 7.103.10
42 560-393-03 2,0 71.74
43 560-204 02_ 2.071.74
44 560-204-04 2.81 1.64
45 560-203-03 4.306.25
46 562-330-43 0.00
"Total S 130.700.00
Thi Assesisment has been prepawd putsuant to Me "LatulSeVingaiid Lthig Att of ior. The
net moan'to be assessed upott the lands and parcels within the botntglaries of the Distiietha.sbeen
sitread and apportioned in fteroOttallCe with the benefits received from die Improverneats, and in my
opinion the eests .and experts% have berm assessed in direct relationship to the benefits received
ROM the nutintenanw attic improvements.
Dated: June 3, 2008
Nasinnd &gingering
A Boffin=
eityof National City
State, of CeitOknia
A copy of said Msesatuent Roli and Engineer's Report was filed in the Offiee of the Semiery and
Superintendent offitreetson the day of ,
City-derk -
Chi of National City
State of Calitbinia
'11Porilgenikat Streas
4Natirpk1City
Mate of California
Anal approvali confirmtion and levy of the annual assessment and all matters in the Et4neees
Report was raade on the day of 2130gby 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 hased on the benefit that the properties
receive from the improvements to be maintained. The statute does not specify the method or
formula that should he 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 properly 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 he assessed for the additional cost.
There are generally two categories of improvements to he 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 fronta ie 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.
AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NATIONAL CITY
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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NOTE ORIGINAL SHEET
SIZE 18' x 26'
N E J0(3 N.3 105 14E1
The frontage of each pawl is determined from current assessoes maps fOr the -County of San
Diego, Static of`C.alifntnia Ai frontage dimensions. have been rounded to the nearest foot..
FUTURE MORAL :A I S ONT IN ASSRAMENT
The enthral assessment tea. be levied on all properties within the district in fiscal year 2009-2010 and
thereafter shall be subjct to an annual e.5calation of up to 10 , based upon actual and anticipated
expenditures.
If the annual assessment in any (zeal year is proposed to be increased by an amount why would
be iu excess of the struruat authorized pursuant to the application attic above foe wt a..such annual
assessment shall be x:oiiside i a 'bow or increased assessment" as such term is used in
Govr ;u ent CodeSeetion.%WA.
Tit onchrsion, it is my opinik ii that the assessments for the above-refereneed District have been
spread in dbeet actordance with the benefits that each. p wcet receives fitful the improvements to be
mast,
Datedz )u a 3., 200g
Naslai.Eittg
Assc , ou Eager
City of NiCity
State e€ Odifornia
EXHIBIT •`B"
ESTIMATED COST OF ANNUAL ?MAINTENANCE
FY 2008-2009
Median Frontage
Improvements Improvements
1. Lawn planting care 0.00 S 31 933.33
2. Median planting care S 15,966.67 0.00
3. Palm tree maintenance S 5.700.00 S 5.7(X).00
4. Water usage S 18.000.00 S 18.000.00
5. Refurbishment of graphics panels S 12.000.00 0.00
6. General maintenance of electrical system S 6.500.00 0.00
7. Electrical usage S 9.000.00 0.00
8. Refurbishment of decorative crosswalks S 1.800.00 S 1.200.00
8. Miscellaneous S 250.00 S 250.00
TOTAL: $69,216.67 $57.083.33
AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NAIIONAL CITY
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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NE JOB No 105 148
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AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NATIONAL CITY
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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N E JOB No 105 148
Passed and adopted by the Council of the City of National City, California, on June 17,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Ungab, Zarate.
Nays: None.
Absent: Councilmember Natividad.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
C erk
44 Ci
ty
the of AP
of tiona
City I City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-110 of the City of National City, California, passed and
adopted by the Council of said City on June 17, 2008.
City Clerk of the City of National City, California
By:
Deputy