HomeMy WebLinkAboutCC RESO 2008-142•
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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.
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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.
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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"
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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
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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
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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
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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.
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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".
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The a„e.,ment. are tho,e a. confirmed in Column 1. un1e.. a different figure appear. in Column 11.
a• modified.
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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
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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
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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.
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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
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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
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AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NATIONAL CffY
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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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