Loading...
2013-023 Encinitas Landscape and Lighting District (ELLD) RESOLUTION 2013-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA RENEWING THE ENCINITAS LANDSCAPE AND LIGHTING DISTRICT (ZONES A, B, C, D, E, F, G & H), CONFIRMING THE 2013-2014 ENGINEER'S REPORT (BUDGET AND EXPENDITURE PLAN) AND ORDERING THE TRANSMISSION OF CHARGES TO THE COUNTY AUDITOR FOR COLLECTION The City Council of the City of Encinitas hereby resolves that: 1. Pursuant to Chapter 3 of the Landscape and Lighting Act of 1972, the City Council directed Harris & Associates, as Engineer of Work for the Encinitas Landscape and Lighting District, to prepare and file an annual report for Fiscal Year 2013-2014. 2. The Engineer of Work filed the annual report on April 24, 2013, and the City Council adopted its resolution of intention to levy and collect assessments within the assessment district for Fiscal Year 2013-2014 and set a public hearing to be held at 6:00 p.m. on June 12, 2013 in the meeting place of the City of Encinitas, City Council Chambers, 505 S. Vulcan Avenue, Encinitas. Notice of this hearing was published in the Coast News on May 24, 2013. 3. At the June 12th Hearing, the City Council afforded every interested person an opportunity to make a protest to the annual report either in writing or orally, and the City Council has considered each protest. 4. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work, levies the assessment set forth therein for Fiscal Year 2013- 2014, and orders the transmission of the charges to the County Auditor for collection. PASSED AND ADOPTED this 12th day of June, 2013, by the following vote to wit: AYES: Barth, Gaspar, Kranz, Muir, Shaffer. NAYS: None. ABSENT: None. ABSTAIN: None. Teresa Arballo Barth, Mayor City of Encinitas, California ATTEST: I Kathy Hollywood, City Clerk & Associates. Harris ENGINEER'S REPORT CITY OF ENCINITAS LANDSCAPE & LIGHTING DISTRICT Fiscal Year 2013-14 For the CITY OF ENCINITAS SAN DIEGO COUNTY, CALIFORNIA April 10, 2013 City of Encinitas Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page i ENGINEER'S REPORT CITY OF ENCINITAS LANDSCAPE AND LIGHTING DISTRICT FISCAL YEAR 2013-14 TABLE OF CONTENTS Submittal and Acknowledgments........................................................ii Section 1 —Introduction....................................................................... l Section 2—Impacts of Proposition 218...............................................3 Section3 —Report................................................................................5 Part A - Plans and Specifications...................................................7 Part B - Estimate of Cost...............................................................9 Part C - Assessment Roll............................................................. 11 Part D - Method of Apportionment of Assessment..................... 12 Part E - Property Owner List....................................................... 17 Part F - Assessment District Diagram ......................................... 17 Appendix"A"—SANDAG Trip Generation Rates Appendix "B"—Public Parcel Assessments Q:\Encinitas\animal admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page ii ENGINEER'S REPORT CITY OF ENCINITAS LANDSCAPE AND LIGHTING DISTRICT FISCAL YEAR 2013-14 The undersigned respectfully submits the enclosed report as directed by the Encinitas City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution,provisions of the Landscaping and Lighting Act of 1972, and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California. DATED: April 10, 2013 BY: K. Dennis Klingelhofer R.C.E. No. 50255 1 HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached,was filed with me on the day of 12013. City Clerk City of Encinitas San Diego County, California By I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Encinitas, California, on the day of , 2013. City Clerk City of Encinitas San Diego County, California By Q:AEncinitas\annual adminTY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 1 -Introduction Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 1 CITY OF ENCINITAS ENCINITAS LANDSCAPE & LIGHTING DISTRICT FISCAL YEAR 2013-14 INTRODUCTION The purpose of this report is to set forth findings and the engineering analysis for the City of Encinitas Landscape & Lighting District for the subject year, in compliance with the requirements of Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972 (the "72 Act") which is Part 2, Division 15 of the California Streets and Highways Code (The "Act"). The Assessment District is necessary to finance the cost of providing street lighting, traffic signals, and landscape maintenance which provides a special benefit to real property in the City of Encinitas. The 72 Act permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the proposed assessment district. In accordance with this Act, the City council established the City of Encinitas Landscape & Lighting District (the "ELLD"), which levies an assessment on parcels of land based upon the special benefit they receive. The assessments currently provide a dedicated source of funding for the construction, operation, maintenance and servicing of street lighting, traffic signals, landscaping, and park and recreational improvements within the City. In FY 1996-97 the Encinitas Ranch area was annexed into the District by the City Council. A separate benefit zone (Benefit Zone "H") was established for the Encinitas Ranch Specific Plan Area to identify and assess the costs of the localized landscaping and lighting improvements within that area to the benefiting parcels. The boundaries of the District are contiguous with the boundaries of the City of Encinitas. This report, as signed and presented to the Council for approval, has been prepared according to the methodology and rates approved by the City Council in 1988 for Zones A through G and according to the methodology and rates approved by the City Council in 1997 for Zone H. Article XIIID of the California Constitution exempted certain assessments which were in existence prior to the passage of Proposition 218 in November, 1996. The City has determined that all of the improvements and the annual assessments for the District, with the exception of Zone H, are for the maintenance and operation of lighting and landscaping within the public street right-of-way and, as such, the current assessment amount is exempt from the procedures and approval process set forth in Article XIIID Section 4. The costs of operation, maintenance and servicing of improvements to be funded by the District will be apportioned to each parcel within the City in proportion to the special benefit it receives. The method of assessment may be amended from time to time by the City Council, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year they will be subject to the noticing and balloting procedures referenced in Proposition 218,which is discussed in Section 2 of this report. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this Report. As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be constructed, operated, maintained and serviced by the District for FY 2013-14, provides an estimated budget for the District, and lists the proposed assessments to be levied upon each assessable lot or parcel within the District. Following the approval of the preliminary report, either as submitted or as modified, the City Council will hold a Public Hearing to provide an Q:\Encinitas\annual adminTY 13-14\report\ELLD Rptl3 final.docx City of Encinitas Section 1 -Introduction Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 2 opportunity for any interested person to be heard. All property owners must be noticed in accordance with Section 22626 of the Streets and Highways Code prior to the Public Hearing. At the conclusion of the Public Hearing,the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution, the final assessor's roll will be prepared and filed with the County Tax Collector's office to be included on the FY 2013-14 tax roll. Q:AEncinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 2-Impacts of Proposition 218 Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 3 IMPACTS OF PROPOSITION 218 On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures. Some of these exceptions include: 1) Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets. 2) Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed. However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment unless the increase in assessment was anticipated in the assessment formula(e.g., CPI increase). Proposition 218 does not define this terns "streets", however, based on our conversations with other public agency officials, attorneys, assessment engineers and Senate Bill 919, we have determined that streets include all public improvements located within the street right-of-way. This would include median and parkway landscaping, traffic signals, safety lighting and street lighting. Some agencies have stated that if assessments were imposed as a condition of development and property owners agreed to the imposition of assessments and subsequently signed a development agreement confirming so, then this would suffice for the requirement of signing a petition. The more difficult question arises in those situations where the levy of assessments was imposed as a condition of approval for land development or subdivision where the property owner did not enter into a development agreement. In this case, if the landscape, park, or street light facilities and the resulting assessment is a condition of the land development or subdivisions approval and the property owner acquiesces to the levy of assessment, it is reasoned that this is a functional equivalent of giving express consent or signing a petition requesting the imposition of the assessment. Even the Howard Jarvis Taxpayers' Association seems to tacitly support this conclusion in its "Statement of Drafters' Intent". When discussing the exemption for existing assessments imposed pursuant to a petition,the taxpayers' association said: "This provision exempts most land secured financing arrangements used by developers." Clearly acceptance of a condition of approval of a development or subdivision which requires that imposition of assessments is a common form of land secured financing used by developers to fund street lighting or landscape maintenance. Q:AEncinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 2-Impacts of Proposition 218 Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013.14 Page 4 On January 29, 1997 the City Council adopted the interpretations described above, and therefore the City's existing Landscape and Lighting Assessment District Assessments were exempted from the provisions of Proposition 218 for the following reasons: 1) Benefit Zones A, B and C were originally established to assess property owners for the operation and maintenance of street lighting and were expanded to also include roadway landscaping and traffic signals prior to FY 1996-97. These improvements are all located within the street right-of-way. 2) Benefit Zones D through H were established to assess property owners for the operation and maintenance of neighborhood parks, entryway landscaping and streetscape landscaping for specific development sites. The assessments were a condition of development or resolution of approval. For Benefit Zone H, the property owners signed the development agreement stating that they supported and approved the assessment. For the other benefit zones the owners accepted the benefits of development approvals subject to the assessment requirement and acquiesced to subsequent impositions of assessments. Since there was a need to increase assessment rates in Zone H for Fiscal Year 1997-98, property owners were mailed notices and ballots in compliance with the provisions of Proposition 218. The ballots were subsequently tabulated which indicated property owner approval for the increase in assessments and assessment cap of$100 per EDU. Q:\Encinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013.14 Page 5 ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE CITY OF ENCINITAS FISCAL YEAR 2013-14 Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Initiation, being Resolution No. 2013-16, adopted by the City Council of the City of Encinitas, State of California, in connection with the proceedings for: CITY OF ENCINITAS LANDSCAPE & LIGHTING DISTRICT Hereinafter referred to as the "Assessment District" or "District", 1, K. Dennis Klingelhofer, P.E., authorized representative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six(6)parts as follows: PART A This part describes the improvements in the District. Plans and specifications for the proposed improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk of the City of Encinitas, and are incorporated herein by reference. PART B This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk of the City of Encinitas. PART C This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. The Assessment Roll is filed in the Office of the City Clerk of the City of Encinitas, and by reference is made a part hereof. Q:AEncinitas\annual adminTY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 6 PART D This part describes the method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels. PART E This part contains a list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of San Diego. The list is keyed to the records of the County Assessor of the county of San Diego, which are incorporated herein by reference. PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is on file in the office of the City Clerk and incorporated by reference. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of San Diego for the year when this Report was prepared. The assessor's maps and records are incorporated by reference herein and made part of this Report. Q:\Encinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 7 PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within the boundaries of the City of Encinitas Landscape & Lighting District, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described as follows: The improvements consist of the construction, operation, maintenance and servicing of street lighting, traffic signals, landscaping, and park and recreational facilities and appurtenant facilities, including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory construction, operation, maintenance, and servicing of the improvements described below: Street Lighting and Traffic Signals Improvements Poles, fixtures, bulbs, conduits and miscellaneous equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide street lighting and traffic signals located within public rights-of-way and easements within the boundaries of the District. There are currently 58 traffic signals and 2,735 public street lights within the City, of which 773 are owned by SDG&E and the remaining 1,962 are owned and maintained by the City. A map showing the location of all street lights and traffic signals within the District, is on file in the office of the City Engineer of the City of Encinitas and is made a part of this Report by reference. Starting in fiscal year 2009-10, a four-year capital replacement project was funded to replace the LED lights in traffic signals throughout the City. Landscaping Improvements Landscaping, plantings, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities located within parkways, medians, parks, recreation areas, trails, city building grounds, street right-of-ways and dedicated easements which are within the boundaries of the District. The street medians that are being maintained within the District are generally located on"major streets or thoroughfares", which include roadways such as those defined in the General Plan Circulation Element as Prime Arterial, Major or Collector Streets, or within roadways that provide a District-wide benefit as designated by the City Engineer. These improvements currently include landscaping on Olivenhain Road(50%), El Camino Real, Encinitas Blvd., the Interstate 5-Leucadia interchange, Leucadia Blvd from Sidonia to El Camino Real, Leucadia Blvd from Interstate 5 to Sidonia, Rancho Santa Fe Road, Downtown Encinitas, Santa Fe Drive from Interstate 5 to Vulcan, and Leucadia Medians along the Coast Highway 101. Q:\Encinitas\annual adminTY 13-14\report\ELLD Rpt13 final.docx J City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 8 Park and Recreation Improvements and Appurtenant Facilities Playgrounds, playground equipment, park furniture, site amenities, and appurtenant facilities in public parks and recreation areas within the boundaries of the District. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping,public lighting facilities, park and recreation facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities, parks and recreation facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities, park and recreational improvements or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping, park and recreation facilities or appurtenant facilities. This will also include the administrative costs associated with operating the district. The plans and specifications for the improvements are on file in the office of the City Engineer. Q:AEncinitas\annual adminTY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 9 PART B ESTIMATE OF COST The 1972 Act provides that the total cost of installation, construction, operation, maintenance and servicing of landscaping, street lighting and park and recreational facilities can be recovered by the District. Maintenance can include the repair and replacement of existing facilities. Servicing can include electrical and associated costs from a public utility. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting, and mailing of notices, and all other costs associated with the annual collection process can also be included. The 1972 Act requires that a special fund be set up to track the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on June 30th must be carried over to the next fiscal year unless they are designated for a special purpose. The estimated costs of the operation, servicing and maintenance of the improvements for Fiscal Year 2013-14, are summarized on the following pages. Encinitas Landscape and Lighting District Fiscal Year 2013-14 Budget-Zones A, B, C Zone B Zone C Zone A Local Local Non- Distri ct Wide Residential Residential TOTAL Beginning Fund Balance $215,361 $75,709 $16,539 $307,609 Revenues Property Tax Contribution $466,716 $164,072 $35,843 $666,631 FY2013-14 Assessments $274,589 $155,447 $51,348 $481,384 Investment Earnings $1,980 $696 $152 $2,828 Property Rental $25,064 $8,811 $1,925 $35,800 Total Revenue Available $768,349 $329,026 $89,268 $1,186,643 Expenditures Personnel Services $75,105 $26,403 $5,768 $107,276 Materials and Supplies $0 $0 $0 $0 Equipment Maintenance $18,700 $0 $0 $18,700 Street Light Maintenance $22,056 $54,342 $11,877 $88,275 Tree Maintenance $55,530 $0 $0 $55,530 Traffic Signal Maintenance $279,536 $0 $0 $279,536 Landscape Maintenance $156,292 $0 $0 $156,292 Electricity $138,957 $206,037 $45,006 $390,000 Water/Sewer/Trash/Telephone $69,600 $0 $0 $69,600 Professional Firm $10,502 $3,692 $807 $15,001 County Administration Fee $7,953 $2,796 $611 $11,360 Advertising $343 $121 $26 $490 Internal Cost Allocation $36,174 $12,717 $2,778 $51,669 Capital/Work Projects $0 $0 $0 $0 Total Expenditures $870,748 $306,108 $66,873 $1,243,729 Ending Fund Balance $112,962 $98,627 $38,934 $250,523 Q:\Encinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013.14 Page 10 Encinitas Landscape and Lighting District Fiscal Year 2013-14 Budget-Zones D, E, F, G, H Zone D Zone E Zone F Zone G Zone H Village Villanitas Cerro Wiro Encinitas Park Zone Street Park Ranch Beginning Fund Balance $136,418 $245,283 $267,027 $11,137 $1,394,544 Revenues Property Tax Contribution $0 $10,757 $37,764 $0 $0 FY2013-14 Assessments $32,610 $10,080 $1,185 $11,001 $612,096 Investment Earnings $716 $1,149 $1,145 $38 $5,392 Total Revenue Available $33,326 $21,986 $40,095 $11,039 $617,488 Expenditures Personnel Services $3,375 $1,125 $2,251 $1,125 $46,182 Materials and Supplies $0 $0 $0 $400 $7,000 Equipment Maintenance $1,200 $1,325 $1,450 $250 $66,030 Street Light/Traffic Signal Maintenance $0 $0 $0 $0 $29,184 Park&Tree Maintenance $6,200 $5,480 $6,100 $2,300 $37,674 Landscape Maintenance $16,230 $6,858 $13,961 $8,550 $222,805 Property Maintenance $0 $0 $0 $400 $33,735 County Administration Fee $130 $150 $550 $2 $75 Electricity $150 $135 $300 $130 $25,200 Water/Sewer/Trash $11,000 $1,620 $4,500 $2,500 $59,380 Telephone $540 $180 $360 $360 $5,400 Miscellaneous $0 $0 $0 $0 $0 Internal Cost Allocation $1,704 $668 $1,219 $536 $21,775 Capital Projects $0 $0 $0 $0 $206,600 Total Expenditures $40,529 $17,541 $30,691 $16,553 $761,040 Ending Fund Balance $129,215 $249,728 $276,431 $5,623 $1,250,992 Below is a listing of the proposed Zone H Capital Projects for FY 2013-14: Project Locations Est Cost Tree Replacement Quail Gardens Drive and Gardenview Road $ 13,400 Irrigation Infrastructure Replacement Quail Gardens Drive and Leucadia Boulevard $ 31,700 Median&Parkway Rehabilitation Paseo De Las Verdes and Leucadia Boulevard $ 16,500 Path Resurfacing Quail Gardens Drive $ 21,000 Slope Irrigation Rehabilitation Leucadia Boulevard East $ 16,000 Streetlight LED Retrofit All Zone H Streetlights $ 93,000 Captial Replacement Study $ 15,000 TOTAL $ 206,600 Q:\Encinitas\annual adminTY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013.14 Page 11 PART C ASSESSMENT ROLL The proposed assessment and the amount of assessments for Fiscal Year 2013-14 apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office, are on file in the Office of the City Clerk of the City of Encinitas. The description of each lot or parcel is part of the records of the Assessor of the County of San Diego and these records are, by reference, made part of this report. The total proposed assessment for the FY 2013-14 is $1,148,356. Q:AEncinitas\annual adminTY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 12 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals, landscaping,parks and recreation facilities. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments be levied according to benefit rather than according to assessed value. This Section States: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether of not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." The Act permits the designation of benefit zones within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." Excepted from the assessment would be the areas of all publicly owned property in use in the performance of a public function. SPECIAL BENEFIT DETERMINATION Proper maintenance and operation of the street lighting system benefits parcels in proximity to the lights by providing security, safety and community character and vitality. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated: "... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..." It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway. Proper maintenance and operation of the street landscaping provides beautification and enhancement of the desirability of surroundings. The City enjoys a reputation for beauty, and the landscape improvements Q:AEncinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 13 along the major thoroughfares in the medians and parkways enhance that reputation and benefit all parcels in the City. These major thoroughfares are the entryways into the City and as such provide beautification to the entire City. Landscaping along the major thoroughfares provides only incidental benefits to,motorists traveling to, from or through the City. Maintenance and operation of improvements along local and collector streets are not part of this assessment. There are two types of special benefit realized by the developed parcels of land located within the Encinitas Landscape & Lighting District. These special benefits are District-wide Benefits and Localized Benefits as described below. DISTRICT-WIDE BENEFITS Improvements that provide a special benefit to all developed parcels of land located within the boundaries of the District are considered to be district-wide benefits, and the costs associated with these improvements are assessed to all assessable developed parcels located within the boundaries of the District. District-wide benefits consist of the construction, operation, maintenance and servicing of traffic signals and center median roadway landscaping and street lighting that are located in and along "major streets or thoroughfares" and any other streets or facilities that provide a district-wide benefit as determined by the City Engineer. Major streets or thoroughfares include roadways that may be four lanes and greater, such as the roadways defined in the General Plan Circulation Elements, as a prime arterial, major or collector street. These district-wide improvements provide a direct and special benefit to all developed parcels of land located within the district boundaries. The center landscape medians ensure safer traffic movements by directing vehicles to specified locations for left and U-turns. The medians restrict left turn movements out of unsecured driveway locations. Caltrans studies indicate that divided roadways (roads with center medians) reduce accident rates by as much as 35 percent over undivided highways. The center median landscaping improvements further reinforce traffic safety, increase carry capacity, and enhance the efficiency of the circulation system to all developed parcels throughout the City. Therefore,all developed parcels are assessed for these improvements. LOCALIZED BENEFIT Improvements that provide a special benefit to an isolated group of developed parcels of land located within the District are considered to be a localized benefit, and the costs associated with these improvements are assessed to all assessable developed parcels receiving the localized benefit. Localized benefits include the construction, operation, servicing and maintenance of landscaping and street lighting improvements that only benefit the developed parcels located within the localized areas. Localized Street Lighting - Developed parcels that have street lighting within close proximity to their parcels directly benefit from street lighting and are assessed for the costs of the street lighting. Localized Landscaping-Developed parcels that have localized landscaping such as neighborhood parks, entryway landscaping, streetscape landscaping, etc. adjacent to or near their parcels directly benefit from the landscaping improvements and are assessed for the costs of the localized landscaping. Q:\Encinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013.14 Page 14 SPECIAL BENEFIT ZONES The Encinitas Landscape and Lighting District has eight (S) special benefit zones as described on the following page: Benefit Zone "A" was originally established to include all street lights on public streets designated as Circulation Element roads. Prior to FY 1996-97, Zone A was expanded to accurately track and assess the costs associated with district-wide traffic signals and roadway landscaping, as well as the street lighting located along the Circulation Element roads. This benefit zone includes all of the assessable developed parcels located within the District. Benefit Zone "B" was originally established to include all street lights on public streets that directly benefit residential parcels of land. Prior to FY 1996-97, Zone B was modified to accurately track and assess the costs associated only with the localized street lighting improvements located along public streets not designated as Circulation Element roads that directly benefit residential parcels of land. This benefit zone includes all of the assessable developed residential parcels located within the District that have street lighting within close proximity to their parcel. Benefit Zone "C" was established to accurately track and assess the costs associated with the localized street lighting improvements located along streets and thoroughfares that directly benefit non-residential parcels of land. This benefit zone includes all of the assessable developed non-residential parcels located within the District that have street lighting within close proximity to their parcel. Benefit Zones "D, E, and G" were established to accurately track and assess the costs associated with the localized landscaping improvements such as neighborhood parks, entryway landscaping, streetscape landscaping, etc. for specific development sites. These improvements are only assessed to the developed parcels within the development sites that directly benefit from the improvements. Benefit Zone "F" was established to accurately track and assess the costs associated with the localized landscaping improvements such as neighborhood parks, entryway landscaping, streetscape landscaping, etc. for specific development sites. These improvements are only assessed to the developed parcels within the development sites that directly benefit from the improvements. Parcels that are directly adjacent to Cerro Street are assessed at a higher rate than parcels within the development that are not directly adjacent to Cerro Street. Benefit Zone "H" was established to accurately track and assess the costs associated with the localized street lighting and landscaping improvements (neighborhood parks, entryway landscaping, streetscape landscaping, etc.) located within the Encinitas Ranch Specific Plan Area. As part of the Encinitas Ranch development agreement, all costs associated with the street lighting, traffic signals, landscaping and Leo Mullen Sports Park will be assessed to all of the assessable developed parcels within that development site. Since the developed parcels located within Benefit Zone "H" are being assessed for their internal street lighting, they will not be assessed for street lighting improvements associated with Benefit Zones "B" and "C" described above. ASSESSABLE PARCELS Any parcel of land which is developed or has been issued a building permit to construct a dwelling or building prior to April 1, 2000 is classified as an assessable parcel except for all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public parks, public greenbelts and public parkways, public school property and all other Q:\Encinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013-14 Page 15 publicly owned property except the Encinitas Ranch Golf Course which is under contract with a private operator. In compliance with Proposition 218, all publicly owned property in Encinitas Ranch (Zone H) that receives a special benefit from the improvements maintained by the District will be assessed. For FY 2013-14, these include the Encinitas Ranch Golf Course, the U.S. Post Office and the Leo Mullen Sports Park. ASSESSMENT METHODOLOGY Since the assessment will be levied against properties as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, this would not be equitable, because a single family residential parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment in a similar zone. The basis for spreading the costs of constructing, operating, maintaining and servicing improvements to the benefiting parcels is based on vehicular trip generation rates. Vehicular trips are directly proportional to the concentration and activity of people associated with each parcel of land. The typical developed single family parcel generates approximately ten (10) vehicular trips a day. Condominium units generate approximately eight(8) vehicular trips a day per unit, and apartment units generate approximately six(6) vehicular trips a day per unit. Vehicular trips for commercial, industrial, recreational and institutional parcels also vary depending on their designated sub-land use classification. The trip generation rates that are used for each land use are based on the most current trip generation rates published by the San Diego Association of Governments and the Encinitas Ranch Austin Faust Traffic Study. The trip generation rates are included in Appendix"A" of this Report. The method for calculating the FY 2013-14 annual assessment for each parcel is as follows: Benefit Units x Assessment Rate=FY 2013-14 Assessment The Benefit Units for each parcel are determined by dividing the total number of vehicular trips per day for that parcel by ten (10). For example, a single family parcel generates ten (10) vehicular trips per day; therefore, the number of Benefit Units is equal to 10/10 or 1.00. As shown in the table on the following page, a single family parcel that benefits from the improvements in Benefit Zone "A" would be assessed $5.22 per Benefit Unit which equals $5.22 (1.00 BU x $5.22/BU)annually. Condominiums generate eight (8) vehicular trips per day; therefore, the number of Benefit Units is equal to 8/10 or 0.80. Therefore, a condominium parcel that benefits from the improvements in Benefit Zone "A" would be assessed $4.18 (0.80 BU x$5.22BU) annually. Based on the budgets for each Benefit Zone as shown in Part "B" of this Report and the total number of Benefit Units within each Benefit Zone, the assessment rates per benefit Unit for each Benefit Zone can be calculated as shown in the table on the following page. Q:\Encinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013.14 Page 16 Fiscal Year 2013-14 Maximum FY 2013-14 Assessment Assessment Number of Number of Assessment Rate Per Rate Per Benefit Zone Parcels Benefit Units Revenue Benefit Unit Benefit Unit Benefit Zone "A" - District-wide Traffic Signals, Landscaping & 20,863 52,603.25 $274,589 $5.22 $5.22 Street Lighting Benefit Zone "B" -Localized 14,715 15,701.74 $155,447 $9.90 $9.90 Residential Street Lighting Benefit Zone "C" -Localized 655 23,554.14 $51,348 $2.18 $2.18 Non-Residential Street Lighting Benefit Zone "D" -Localized 1,292 1,292.00 $32,610 $25.24 $25.24 Landscaping-Village Park Benefit Zone "E" -Localized Landscaping -Villanitas 224 224.00 $10,080 $45.00 $45.00 Neighborhood Benefit Zone "F" -Localized 83 83.00 $830 $10.00 $10.00 Landscaping-Cerro Street 355 355.00 $355 $1.00 $1.00 Benefit Zone "G" -Localized 19 19.00 $11,001 $579.00 $579.00 Landscaping -Wiro Park Benefit Zone "H" -Localized Lighting and Landscaping- 695 6,120.96 $612,096 $100.00 $100.00 Encinitas Ranch Tota 1 $1,148,356 ANNUAL ASSESSMENT RATE INCREASES No increases in assessment rates are proposed for any of the zones, and any increases above the Maximum Assessment Rate Per Benefit Unit will not be enacted unless a balloting process, consistent with Proposition 218,is completed. Q:\Encinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx City of Encinitas Section 3-Report Landscape&Lighting District April 10,2013 Engineer's Report-FY 2013.14 Page 17 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within the City of Encinitas Landscape & Lighting District is shown on the last equalized Property Tax Roll of the Assessor of the County of San Diego, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the Office of the City Clerk of the City of Encinitas. PART F ASSESSMENT DISTRICT DIAGRAM The boundaries of the City of Encinitas Landscape and Lighting District are completely contiguous with the boundaries of the City of Encinitas. A diagram showing the exterior boundaries of the District and the individual benefit zones is on file in the office of the City Clerk of the City of Encinitas and is incorporated herein by reference. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of San Diego, for the year in which this report was prepared. Q:\Encinitas\annual admin\FY 13-14\report\ELLD Rpt13 final.docx