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HomeMy WebLinkAboutCC RESO 2008-142• • • RESOLUTION NO.2008 — 142 RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING THE DIAGRAM AND ASSESSMENT ENGINEER'S REPORT, AND PROVIDING FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 — MILE OF CARS (COMMUNITY BENEFIT DISTRICT) TO FUND ENHANCED MEDIAN AND FRONTAGE IMPROVEMENTS, INCLUDING LANDSCAPING AND IRRIGATION, PAINTED CROSSWALKS AND COLORED CONCRETE HARDSCAPE, AND ONGOING MAINTENANCE FOR GRAPHIC PANELS, BANNERS, SIGNAGE, AND STREET FURNITURE WHEREAS, the City Council of the City of National City, pursuant to the terms of the "Landscaping and Lighting Act of 1972" as set forth in 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 XIID"), by previous Resolution, has obtained an Assessment Engineer's Report ("Report") for the annual levy of assessments within a special maintenance district designated as Landscape Maintenance District No. 1 - Mile of Cars, ("Maintenance District"); and WHEREAS, the Report has been presented to the City Council as required by the 1972 Act and Article XIID, and as previously directed by Resolution; and WHEREAS, the City Council has reviewed the Report, and is satisfied with each and all the items and documents as set forth therein, including the assessments, which are apportioned based on the special benefits received from the improvements to be maintained within the Maintenance District. 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 improvements to be maintained within the Maintenance District; B. An estimate of the cost of the maintenance of the improvements for the Maintenance District within the fiscal year; C. A site map of the Maintenance District, illustrating the boundaries and properties that shall be assessed; and D. Estimated costs of the maintenance of improvements, including the net amount upon all assessable lots within the Maintenance District in proportion to the special benefits received. • • • Resolution No. 2008 — 142 July 15, 2008 Page 2 The City Council hereby finds that the procedures for the levy of property assessments have been undertaken pursuant to the 1972 Act and Article XIID, and that the assessments for Fiscal Year 2008-2009 have increased based upon the authorized annual escalation, as specified in the Report. DETERMINATION AND CONFIRMATION Section 3. Based on the Report, herein included as Exhibit "A", and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following findings pertaining to the assessments: A. The proportionate special benefit derived by each assessed lot has been established in relation to the full cost for the annual operations and maintenance of the Maintenance District; B. The assessments do not exceed the reasonable cost of the proportional special benefit upon each assessed lot; C. Only the special benefits have been assessed. The assessments for Fiscal Year 2008-2009 have been approved and levied upon the assessable Tots within the Maintenance District in the amounts set forth in the Report. ORDERING OF MAINTENANCE Section 4. The City Council hereby orders that the maintenance work for the Maintenance District be completed, as set forth in the Report. FILING WITH CITY CLERK AND CITY ENGINEER Section 5. The assessment for the Maintenance District shall be filed in the office of the City Clerk, including a certified copy with the Office of the City Engineer. Said assessments shall be available for public inspection. FILING WITH COUNTY AUDITOR Section 6. The City Clerk is hereby ordered to file a certified copy of the assessments with the County Auditor. Said filing shall be made no later than August 10, 2008. ENTRY UPON THE ASSESSMENT ROLL Section 7. After filing the assessments, the County Auditor shall enter into the County Assessment Roll the amount assessed upon each assessable lot, as set forth in the Report. COLLECTION AND PAYMENT Section 7. The assessments shall be collected at the same time and manner that the County taxes are collected, and all laws providing for the collection and enforcement of the County taxes shall also apply to the assessments for the Maintenance District. • • • Resolution No. 2008 — 142 July 15, 2008 Page 3 FISCAL YEAR Section 8. The assessments for the Maintenance District shall cover the fiscal year beginning on July 1, 2008, and ending on June 30, 2009. PASSED and ADOPTED this 15th day of July, 2008. ATTEST: Michael R. Dall- City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor THIRTEENTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. I (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. Rt solution.ordering the preparation and tiling 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 Twelfth Amended Engineer's Report dated June 7, 2007. Based on an analysis of expenditures, adjustments are now necessary to the cost estimates and assessment schedule. This "Thirteenth Amended Engineer's Report", is prepared and submitted in four parts, consisting of the following'. Part 1. Plans and. Specifications. The plans and specifications describe the general nature, location and extent. of the proposed impr'overrents to be maintained and the maintenance to be performed. The plans and specifications are unchanged from the Twelfth Amended Engineer's Report. Part 1L Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal year, including appropriate incidental expenses. The cost estimate is based on actual as well as anticipated future expenditures. Part DI. 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 Twelfth Amended Engineer's Report. Part IV. Assess -eat Schedule. The assessment schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each 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, 2008 and ending June 30, 2008. Dated: May 30, 2008 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 show the general nature. location and extent of the proposed improvements to he maintained and the maintenance to he performed. A general description of the works of improvement to he maintained under these proceedings are described as follows: 1. Median Improvements: • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signagc • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. ?. 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 he 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 ?. 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 b. !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 I1 Cost Estimate for FY 2008 - 2009 The estimated total costs for maintenance of the improvements are those as hereinafter set forth helov . For details regarding the estimated cost of annual maintenance refer to the attached Exhibit Cost of Annual Maintenance Median Frontage Improvements Improvements S71.216.67 S57.083.33 Incidentals: A. Administration 300.00 300.00 B. Advertising 200.00 200.00 C. Legal Fees 100.00 100.00 D. Engineering 700.00 500.00 Total Incidentals 1.300.00 1.100.00 Total Estimated Annual Cost 72.516.67 58.183.33 Surplus or Deficit 00.00 00.00 NET ANNUAL ASSESSMENT S72.516.67 S58.183.33 • • PART III Assessment Diagram The Assessment Diagram sets forth a) the exterior boundaries of the District and (h) 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 Tots or parcels. A copy of the Assessment Diagram is attached hereto. referenced and incorporated. • • • PART IN. 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) S7I.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 58.18 3.33 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 lots or parcels. and said Maps shall govern for all details concerning the description of the Tots or parcels. The net amount to he 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 he 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 a„e.,ment. are tho,e a. confirmed in Column 1. un1e.. a different figure appear. in Column 11. a• modified. I II 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 4-33.94 4 560-210-41 739.91 5 560-210-40 3122.40 6 560-261-08 3.995.49 7 560- 2 71-14 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 4.439.44 20 562-180-32 1.213.44 21 562-180-33 1,879.36 22 562-251-37 2.989.22 23 562-251-38 2.471.28 24 562-252-15 4,883.38 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 4.439.4-1 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 4.291.45 39 562-340-50 4.439.44 40 562-340-49 4.306.25 41 560-393-04 7.103.10 42 560-393-03 2.071.74 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.(X) Total S 130.700.00 • • • This Assessmenl has been -prepared pursw.an to the 'Landscaping and Lighting Act of I 97.2:: Tile net amount to be assessed upon the lands and parcels vithin the boundaries of the District has Peen spread and apportioned in accordance with the benefits received from the improvements. and iInv opinion the costs and expenses have been assessed in direct relationship to the benefits :eceived from the maintenance of the improvements. Dated: Nlay 30. 2008 Nasland Engineering 'Assessment Engineer City of National City State of California A copy of said Assessment Roll and Eivineees Report was filed in the Office of the Secretory and the Superintendent of Streets on the day of , 2008. 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 Report was made on the day of 2008 by adoption of Resolution No, bv the- City Council. City Clerk City of National City State of C forni a • • • EXHIBIT -A" METHOD A.ND FORMULA OF ASSESSMEN-I SPREAD The law requires and the statutes provide that assessments. as levied pursuant to the provision: of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to he 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 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 he of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the Cite. It is therefore appropriate that the properties receiving the benefit be 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: I. 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 562-220-1 1) 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 562-220-111. based on the frontage of each such parcel on National City Boulevard. • fli i'ronta`_Te of each parcel is determined from current assessor's reaps fo.r the Count' of San Diego. St to of California. ornia. All frcintase dimensions have been rounded to the nearest foot. FUTURE ANNUAL ADJUSTMENT IN ASSESSMENT The annual assessment. to he levied on all properties within the district in fiscal year 2009- t?1(i and thereafter shall he subject to an annuai escalation of up to 1O - based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an. amount .Which '.iould be _n excess of the amount authorized pursuant to the application of the above formula. such annual assessment shall be considered :t "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: Mav 30.2008 • • Nasland Engineering: Assessment Engineer City of National City State of California EXHIBIT ' B" ESTL\9ATED COST OF ANNUAL MAINTENANCE FY 2008-2009 1. Lawn planting care ?. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphics panels 6. General maintenance of electrical system 7. Electrical usage 8. Refurbishment of decorative crosswalks 8. Miscellaneous Median Frontage Improvements Improvements 0.00 S 31.933.33 S 15.966.67 0.00 S 5.700.00 S 5.700.00 S 18.000.00 S 18.000.00 S 12.000.00 0.00 S 6.500.00 0.00 S 9.000.00 0.00 S 1.800.00 S 1.200.00 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 NATIONAL CffY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 111111 rll No INIICF M UII ,1 l4 I111n• . Iln ,11. 11 rl£ 111rr Al .11, nx'. 1.I IN 1�,I11 N rn, (.u4" •Ills A11 IN. IA 1 .1CAI Ir(111(,IA 14l(A41111114 IIII 011111 (II IIII 5111111(I1r1(IIIN111 IV SINE( IS Ill 111( llr 'll 1..11(WAI (Alt 11x. 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(25) ..i•V IV, • ( 28) IlIf 1.1111111.1.1 It 1 A,11 .•. 11,.111 11. IA11,1,IN I (NMI r I'iSI 55011 1121'S 211I/ Or. it, of, M., ..1 Otto, 101 t, 41/11.5 I 011 PROPF 1E1 T ( 28 ) 127) • 1481 SHEET :3 OF a SI IEE I REVISED 8 1 96 REVISED 6-11 97 REVISED 6 19 02. REVISED 6 09 0:3 REVISED 5-26 i..k N \I :1 ff 11 1.I\/ 1(11:1 I 1 NOTE ORIGINAL SHEET SIZE 18x 26' N F .101-11\1/, 10.5 148 Passed and adopted by the Council of the City of National City, California, on July 15, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California rk of the City of Ntional City, Califomia By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-142 of the City of National City, California, passed and adopted by the Council of said City on July 15, 2008. City Clerk of the City of National City, California By: Deputy