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Home My WebLink About11 TLLD ASSESSMENT 05-17-99 NO. 11 5-17-99 {n t e r-C o DATE: MAY 17, 1999 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF .42qNUAL ASSESSMENT FOR THE 1999-00 FISCAL YEAR SUMMARY The City Council, at their meeting of March 15, 1999, adopted Resolution No. 99-23 which ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and consideration of the following action is now appropriate. · Adoption of Resolution No. 99-31 approves the Engineer's Report for the Fiscal Year 1999-00. · Adoption of Resolution No. 99-35 declares the Council's intention to levy assessments for Fiscal Year 1999-00 and set a public hearing for June 21, 1999. RECOMMENDATION It is recommended that the City Council adopt the following resolutions: 1. Resolution No. 99-31 approving the Engineer's Report for Fiscal Year 1999-00; and . Resolution No. 99-35 declaring its intention to levy assessments for Fiscal Year 1999-00 and set a public hearing for June 21, 1999. FISCAL IMPACT The landscape maintenance and public street lighting expenses within the Tustin Ranch area will be recouped through the levy of the annual assessments for the District. The City's proposed assessment on parkland with the District- is $6,696.65. BACKGROUND AND DISCUSSION The District was formed on July 15, 1985 to install and maintain certain street lighting and landscaping in the area bounded by BroWning Avenue, Irvine Boulevard, Jamboree Road (formerly Myford Road) and the 1-5 Freeway within the City of Tustin. Assessments for the benefiting property were confirmed for the first fiscal year, 1985-86, and each fiscal year thereafter. As property developed in the Tustin Ranch area, such development was required to annex to the District. New procedures were required by the passage of Proposition 218 on the November 1996 Statewide ballot and the City re-analyzed the District regarding the special benefits associated with the improvements for each property in the District, commencing with the 1997-98 Fiscal Year. Notices and ballots to approve the assessment including future adjustments based on increases in the Consumer Price Index (CPI) were mailed in the spring of 1997 to all property owners in the District. Subsequently, at the conclusion of a public hearing on July 7, 1997, the majority of returned ballots, weighted by assessed amount, approved the annual assessments. Tustin Landscape and Lighting District Levy of Annual Assessment for the 1999-00 Fiscal Year May 17, 1999 Page 2 As a result of the ballot proceedings, the base assessment rate for Fiscal Year 1997-98 may be increased in subsequent years by no more than the increase in the CIP for all urban consumers for the Los Angeles, Anaheim and Riverside area. The percent increase in the CPI from February 1998 to February 1999 was 2.2% and the proposed assessment rate for Fiscal Year 1999-00 represents an increase of 2.2% from last year. The propoSed assessment represents a yearly increase of $1.12 per single family residence and is required due to the increase in the City's costs associated with its landscape maintenance contract services. Each year the City determines how much it will cost to provide the street lighting and landscape maintenance sen'ices in Tustin Ranch. This total cost is divided among the parcels on a proportionate share, based on a report prepared by consultant engineers. The precise, method used to establish each parcel's special benefit may vary according to land usage and benefit area, but similar parcels with equal benefit from the District pay equal assessments. There are approximately 4871 parcels within the District as compared to 4639 parcels for FY 1998-99. The District includes three separate benefit areas based upon the special benefits received. Properties located in one area pay only for arterial and collector lighting. Properties located in another area pay for arterial and collector street lighting as well as parkway, slope and trail landscaping. Properties are located in a third area if they have the prex4ously mentioned benefits along with local residential street lighting. Those parcels that pay for local residential street lighting are located within the tracts that have public streets. Typically, owners of single family residential parcels in each area pay an equal share. The proposed assessment to be paid by single-family residential parcels in each of the following benefit areas are. Arterial & Collector Street Lighting (ACLT) ...................................... $ 8.04 per year ACLT Parkway Slope & Trail Landscaping (PSTL) ............................ $52.10 per year ACLT & PSLT + Local Residential Lighting ....................................... $71.82 per year The total costs to be assessed for lighting an(~ landscape maintenance for Fiscal Year 1999-00 are $75,125.00 and $331,384.00 respectively for a total operating and maintenance assessment of $406,509.00. The Engineer's Report prepared by Berryman & Henigar, Inc. has been filed with the City Clerk and contains the folloMng proposed levy of assessments for Fiscal Year 1999-00 along with a comparable listing to last year's assessment. Tustin Landscape and Lighting District Levy Of Annual A~sessment for the 1999-00 Fiscal Year May 17, 1999 Page 3 ASSESSMENT RATE SUMMARY BY LAND USE PROPOSED 1999-00 FISCAL YEAR ASSESSMENT ACLT +PSLT+ Last Year's Assmt. ACLT ACLT + PSLT LRLT FY 98-99 Single-Family Res ($/DU) $52.10/DU $71.82/DU $50.98/DU Multi-Family Res. ($/DU) $39.08/DU $38.24/DU Non-Residential (S/ac) $312.60/ac $305.88/ac Non-Res. Tustin Market Place (S/ac) $48.24/ac $47.22/ac Golf course (S/ac) $208.40/ac $203.92/ac Vacant and Parks (S/ac) $104.20/ac $101.96/ac CONCLUSION The two attached resolutions require adoption by the City Council at the May 17, 1999 meeting. These resolutions provide for the following: · Resolution No. 99-31 approves the Engineer's Report for the 1999-00 Fiscal Year for the levy of annual assessment for the Tustin Landscape and Lighting District. Resolution No. 99-35 declares the City Council's intention to provide for an annual levy of assessment for said Landscape and Lighting District to levy and collect assessments pursuant to the Landscape and Lighting Act of 1972. Resolution No. 99-35 sets the date, time and place for a public hearing concerning the annual levy of assessment for the District. The hearing is scheduled for Monday June 21, 1999 at 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin. Tim D. Serlet [~/ Director of Public Works/City Engineer TDS:JO:ccg:TL&L Dist Levy 99-00.doc Attachments ott ff Associate Civil Engineer RESOLUTION NO. 99-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 1999-2000 WHEREAS, by Resolution No. 99-23, the City Council initiated proceedings for the 1999-00 Fiscal Year for the levy of annual assessments and ordered the Engineer to prepare a report in accordance with Section 22565 of the State of California Streets and Highways Code and Proposition 218; and 9 10 1I 12 13 14 15 16 17 18 19 WHEREAS, pursuant to said Resolution, the Engineer has filed the report with the City Clerk; and WHEREAS, the City Clerk has submitted the report to the City Council and the City Council now has reviewed and examined the report as so submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin th'at it determines and orders as follows: .. Section 1. That the report prepared by the Engineer, Berryman. & Henigar, dated May 17, 1999 including description of improvement, estimated costs and diagram, as filed with the City Clerk, is hereby' approved. Section 2. A copy of this report shall remain on file in'the office of the City Clerk~ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 17~ day of May 1999. 20 21 -22 23 24 25 26 27 9.28 ATTEST: City Clerk Tracy Wills Worley, Mayor 1 2 $ 5 6 ? 8 10 1I 12 13 14 15 I6 17 18 19 :20 21 25 ~8 RESOLUTION 99-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 1999-00 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN. THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF WHEREAS, the City Council by Resolution No. 99-23 initiated proceedings for the annual levy of assessments for the Tustin Landscape and Lighting District pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Part 2, Division 15 of the California Streets and Highways Code) as amended and Proposition 218; and WHEREAS, by said Resolution No. 99-23, the City Council ordered the City Engineer to prepare a report pursuant to Section 22565 of said Code and Proposition 218; and WHEREAS,.the City Engineer did prepare and file such a report and it was approved by the City Council on the '17th day of May 1999, with the passage and adoption of Resolution 99-31. NOW, THEREFORE, BE IT RESOLVED by the City Council ~)f the City of Tustin that it determines and orders as follows: Section 1: That the public interest and convenience require and it is the intention of the City Council of the City of Tustin to order the annual levy of a§sessments for Fiscal Year 1999-00 and to levy and collect said assessments pursuant to the provision of said Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of said Streets and Highways Code) as amended and Proposition 218. Section2: That the improvements to 'be undertaken consist of the installation, maintenance, servicing and operations of those certain public landscaping and lighting facilities located with the Tustin Landscape and Lighting District. The Assessment District designed as Tustin Landscape and Lighting District generally encompasses the portion of the City known as East Tustin, being north of I-5 Freeway and east of Browning Avenue except the areas of all public streets, avenues, lanes, alleys, and rights-of-way provided, however, notwithstanding property owned by the railroad and public utility companies not used for public purposes shall be included in the district and not be excluded pursuant to the aforesaid exceptidns. Section 3' That'reference is hereby made to the Engineer's Report on file with the City Clerk and open to inspection for a fully detailed description of the improvements, the boundaries of the .Assessment District and any areas therein, and. the proposed assessments upon assessable lots and parcels of land within the District. 1 $ $ 6 ? $ 9~ 10 11 15 15 16 17 19 ~0 ?£ 26 Section 4: That said proposed maintenance, servicing and operation of landscaping and lighting, in the opinion of the City Council of the City of Tustin will be to the benefit of the property lying within the described boundaries of the Assessment District as said Assessment District is described and defined in said Engineer's Report. Section 5: Notice is hereby given that Monday June 21, 1999, at the hour of 7:00 p.m. at the Tustin City Council Chambers, 300 Centennial Way, Tustin, California 92780 is hereby fixed as the time and place where all interested persons may appear before the City Council and be heard concerning the annual.levy of assessments of the District, and extent of the District, the services to be performed, and the proposed assessment and all other matters relating thereto. Protests must be in writing and must be filed with the City Clerk prior to the conclusion of the hearing. Any such protest shall state all grounds of the objection, and, if filed by the property owner, shall contain a description sufficient to identify the property. Section 6: The City Clerk shall cause notice of the hearing to be given by causing the Resolution of Intention to be posted and published in the manner required by Part 2 of Division 15 of the Streets and Highways Code. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 17~h day of May 1999. Tracy Wills Worley, Mayor ATTEST: City Clerk The Power to Chln~e The Power to Build ENGINEER'S REPORT FOR TUSTIN LANDSCAPE AND LIGHTING DISTRICT Fiscal Year 1999.00 CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA Prepared by: Berryman & Fienigar May 17, 1999 15316.00 ENGINEER'S REPORT City Of Tustin - Landsc~ Engineer's Rep orr and Lighting District, FY 1999-r May 17, 1999 Page ENGINEER'S REPORT TUSTIN LANDSCAPE AND LIGHTING DISTRICT The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that is a Professional Engineer, registered in the State of California. DATED: May 17, 1 Bern/man & Henigar BY: William E. Stracker, P.E. OF CAL\~I R.C.E. No. 25082 .~d Engineer's Report, together with Assessment Roll and day of I HEREBY CERTIFY thal tl Assessment Diagram thereto attached, was filed in the office of the City Clerk on the , 1999. City of Tustin Orange County, California By , City Clerk, I HEREBY CERTIFY that the enclosed Engineeds Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Tustin, California, on the ~ day of , 1999. City of Tustin Orange County, California , City Clerk, By I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Orange, on the day of ,1999. City of Tustin Orange County, California By , City Clerk, '..',newbert\mf',~pro]ects\tustm',~, 99-00\llmc',re¢ort & tables\prelim engr's rept.doc Berryman & HeniEar City Of Tustin. Landsca~ Engineer's Report Lighting District, FY 1999-00 May 17, 1999 Page 2 TABLE OF CONTENTS Submittal and Acknowledgments ........................................................................ 1 Introduction ......................................................................................................... Report ................................................................................................................. 4 Part A- Plans and Specifications ................................................................... 6 Part B - Estimate of Cost Part C -Assessment Roll Part D - Method of Apportionment of Assessment .......................................11 Part E - Property Owner List Part F -Assessment District Diagram ................... ~ ...................................... 18 Appendix Landscape Maintenance Facilities Map Assessment Diagram/Boundary Map Preliminary Assessment Roll (under separate cover) ',\newDert\mfl#projects\tustin\fy 99-O0~llmd~report & tables\prelim engr's rept.doc 8erryman & Henigar City Of Tustin - Landsc~ Engineer's Report 3d Lighting District, FY 1999-0~ May 17, 1999 Page 3 INTRODUCTION HISTORY The purpose of this report is to set forth findings and the engineering analysis to levy the assessments in the Tustin Landscape and Lighting District for the 1999-00 fiscal year. The District was formed on July 15, 1985 to install and maintain certain street lighting and landscaping in the area bounded by Browning Avenue, Irvine Boulevard, Jamboree Road (formerly Myford Road) and the I-5 Freeway within the City of Tustin. Assessments for the benefiting property were confirmed for the first fiscal year, 1985-86, and each fiscal year thereafter. As property developed in the Tustin Ranch area, such development was required to annex to the District. As a result of the new procedures required by Proposition 218 (Prop. 218), which was approved on the November 1996 Statewide ballot and added Article XIIID to the State Constitution, the City re-analyzed the District regarding the special benefits associated with the improvements for each property within the District, for the 1997-98 fiscal year. Notices and ballots to approve the Assessment, including a Consumer Price Index (CPI) adjustment, were mailed to all property owners in the District, and a majority of the returned Assessment ballots approved the Assessment, including potential adjustments for increases in the CPI in future years. IMPROVEMENTS The District improvements consist solely of parkway landscaping, trail landscaping, slope landscaping and street lighting in public rights-of-way and dedicated easements. The District does not install or maintain parks or median islands. SCOPE OF REPORT This report covers the levy of annual assessments for the 1999-00 fiscal year. The base assessment rate which may be levied for each Equivalent Dwelling Unit (EDU) may be increased by the CPI for all Urban Consumers for the Los Angeles, Anaheim, Riverside Area in any fiscal year by City Council approval each year. In 1997, property owners within the District were noticed for and they approved by assessment ballot proceeding potential adjustments for increases in the CPI. The assessment rate for 1999-00 includes a 2.2% adjustment increase based on the CPI for Fiscal Year 1998-99 (February 1998 to February 1999). Since the notice to property owners in 1997 included a potential CPI adjustment each subsequent year. and the property owners approved the potential range of rates, it is not necessary to hold an assessment ballot proceeding any year in which such an adjustment is made. \\newbert\mfl#projects\tustin\fy 99-00~llmd~report & tables~prelim engr's rept. doc Berryman & Heni9ar ~-ighting District, FY 1999-00 City Of Tustin - Landscape, Engineer's Report May ~ 7, 1999 Page 4 CITY OF TUSTIN FISCAL YEAR 1999-00 ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF t 972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE XlIID OF THE CALIFORNIA CONSTITUTION Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California (the 1972 Act), Article XIIID of the California Constitution and in accordance with the Resolution of Initiation adopted by the City Council of the City of Tustin, State of California, in connection with the proceedings for: TUSTIN LANDSCAPE AND LIGHTING DISTRICT hereinafter referred to as the "Assessment District" or "District", I, William E. Stracker, P.E., the authorized representative of Berryman & Henigar, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A PLANS AND SPECIFICATIONS Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Engineer and are incorporated herein by reference. PART B ESTIMATE OF COST An estimate of the costs 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 and incorporated herein by reference. PART C ASSESSMENT ROLL An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District is on file in the Office of the City Clerk and incorporated herein by refe~'ence. ',\newbert\mf',#Drojects\tustin\fy 99-O0\llmd\report & tables\prelim engr's rept.doc Berryman & i. leni§ar City Of Tustin . Landsca~ Engineer's Report Lighting District, FY 1999-00 May 17, 1999 Page 5 PART D METHOD OF APPORTIONMENT 'The method of apportionment of assessments indicates the proposed assessment of the net amount of the costs and expenses of the improvements to be assessed upon the several lots and parcels of land within the Assessment District in proportion to the estimated special benefits to be received by such lots and parcels. PART E PROPERTY OWNER LIST A list of the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized roll of the Assessor of the County of Orange, is keyed to the records of the Assessor of the County of Orange which are incorporated herein by reference. PART F ASSESSMENT DISTRICT DIAGRAM 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 Engineer 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 Orange for the fiscal year to which this Report applies. The Assessor's maps and records are incorporated by reference herein and made part of this Report. \\newbert'.mf",#Drojects\tust ri\fy 99-00~llmd\report & tables\prelim engr's rept.cloc Berryman & Henigar City Of Tustin . Landscap, Engineer;s Report ! Lighting District, FY 1999-00 May 17, 1999 Page 6 PART A PLANS AND SPECIfiCatIONS The facilities, which have been constructed within the City of Tustin, and those which may be subsequently constructed, will be serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF TUSTIN LANDSCAPE AND LIGHTING DISTRICT FISCAL YEAR The existing facilities to be maintained and serviced include street lighting and arterial landscaping as described herein. · LIGHTING The street lighting system in the District consists of 760 lights. A summary by type and size follows: No. Size of Lumens 375 16,000 11 9,500 374 5,800 Type of Light High Pressure Sodium Vapor High Pressure Sodium Vapor High Pressure Sodium Vapor Additional street lights will be installed in the future as properties are developed in the District. · LANDSCAPING The arterial landscaping includes parkway and slope landscaping in the Tustin Ranch area, specifically: · the southerly side of Bryan Avenue between Browning Avenue and Tustin Ranch Road · the northerly side of Bryan Avenue between Browning Avenue and Jamboree Road, excepting that portion adjacent to the SCE substation · the easterly side of Browning Avenue between the northerly corner of Tract No. 13094 (southerly of Bent Twig Lane) and El Camino Real, excepting that portion adjacent to the SCE substation · the westerly side of Tustin Ranch Road between the Santa Ana I-5 Freeway and Jamboree Road · the easterly side of Tustin Ranch Road between Bryan Avenue and Jamboree Road, excepting that portion adjacent Heritage Park between Heritage Way and Kinsman Circle, that portion adjacent to the Golf Course northerly and southerly of the main entrance, and that portion adjacent to the park site at Tustin Ranch Road and Portola Parkway \\newDert\mfl#pro;e¢.',s~tustin\fy 99-00~lirnd~report & tables\prelim engr's rept. doc Berryrnan & Heni9ar City Of Tustin - Landsca~ Engineer's Report d Lighting District, FY 1999-00 May 17, 1999 Page 7 · the southerly side of Irvine Boulevard between the westerly boundary of Tract No. 13053 and the easterly boundary of Tract No. 13038 (+630 feet easterly of Myford Road) · the northerly side of Irvine Boulevard between the westerly City limits and Jamboree Road · the westerly side of Jamboree Road from Bryan Avenue northerly 1,100 feet to the northerly boundary of Tract No. 13030 · the westerly side of Jamboree Road between Irvine Boulevard and the northerly City limits, except that portion adjacent to the Tustin Sports Park · the slopes on the westerly side of Jamboree Road between the northerly City limits and 600 feet southerly the slopes on the easterly side of Jamboree Road between the northerly City limits and Tustin Ranch Road, except the slopes granted to the City by the Transportation Corridor Agency per Instrument No. 19990048101 recorded January 22, 1999 · La Colina Drive, northerly and southerly sides, between Tustin Ranch Road and the westerly City limits · Portola Parkway, both northerly and southerly sides, between Jamboree Road and Tustin Ranch Road · Equestrian/Hiking Trail between Tustin Ranch Road/Portola Parkway and Peters Canyon Regional Park. · Paseo for public access between Jamboree Road and Pioneer Road adjacent to Tract Numbers 14366 and 14576. The total landscaped area is approximately 46.8 acres. These areas are shown on Exhibit "A"- Landscape Maintenance Facilities Map, in the Appendix. The District will fund costs in connection with the District maintenance and servicing including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other expenses necessary for the satisfactory operation of these facilities. Reference is made to Part "D" of this report for a discussion of the Zones of Benefit and the facilities associated with them which are serviced and maintained. The facilities are described as follows: Landscaping and Appurtenant Facilities Facilities include but are not limited to: Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, i.n. public rights-of-way, parkways, and dedicated easements within the boundaries of said Assessment District. Lighting and Appurtenant Facilities Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant \\newbert~nf~#projects\tustin\fy 99-O0\llrnd~report & tables\prelim engr's rept.doc Berryman & iCenigar City Of Tustin - Landscape Engineer's Report Lighting District, FY 1999-00 May 17, 1999 Page 8 facilities as required to provide lighting in public rights-of-way and dedicated easements within the boundaries of said Assessment District. The public lighting system shall be maintained to provide adequate illumination. Electricity for street lights shall be furnished by the Southern California Edison Company, and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission. Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting 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; 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 or appurtenant facilities and the furnishing of electric energy for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements, showing the general nature, location and the extent of the improvements to be serviced and maintained, are on file in the office of the City Engineer and are by reference herein made a part of this report. ',,\newbert\mf~#projects\tustinW 99-O0\llmdVeDort & tables\prelim engr's rep,doc J~erryman & I-lenigar City Of Tustin - Landscap Engineer's Report Lighting District, FY 1999-00, May 17, 1999 Page 9 PART B ESTIMATE OF COST The City's budget for the maintenance and service costs, shown below, details the estimated costs and fund balances for Fiscal Year 1999-00 as available at the time of preparation of this report. The 1972 Act provides that the total cost can be recovered in the assessment spread including incidental expenses. This was not changed by Article XIIID-of the California Constitution. The costs can include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings. Less Projected Reserve District Fund Balance Total to Service Category Budget (50%) Admin. 6~30~99 Asmt Arterial and Collector Street Lighting $67,769 $32,673 $2,364 ($34,958) $67,848 Local Residential Lighting $7,231 $3,524 $252 ($3,730) $7,277 Parkway, Slope and Trail Landscaping $355,000 $147,124 $12,384 ($183,124)i $331,384 Total Assessment Amount $430,000 $183,321 $15,000 ($221,812) $406,509 Total to Assessment: $406,509 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. The City will make funds available to the District to ensure adequate cash flow, and will be reimbursed upon receipt of assessments. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. The table below shows the allocation of service category costs by benefit area. There are three benefit areas within the District. Parcels in Benefit Area A receive only Arterial and Collector Street Light benefit. Parcels in Benefit Area B receive Arterial and Collector Street Light benefit and Parkway, Slope, and Trail Landscaping benefit. Parcels in Benefit Area C receive all three service category benefits. Service Category Costs by Benefit Area Arterial & Collector Local Residential Parkway, Slope & Total To Benefit Area Street Lights Lighting Trail Landscaping Assessment A $7,378 $7,378 B $57,504 $315,126 $372,630 C $2,967 $7,277 $16,258 $26,502 Total Assessment~ $67,848 $7,277 $331,384 $406,509 \\newbert~mf',#,Drojects\tustin\fy 99-00\llmd~'eport & tables\prelim engr's rept.doc Berryman & lYer igar City Of Tustin - Landscape Engineer's Report Lighting District, FY 1999-00 , May 17, 1999 Page ?0 PART C ASSESSMENT ROLL The Assessment Roll is a listing of the proposed assessment and the amount of assessment for Fiscal Year 1999-00 apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office, and contained in the Assessment Roll on file in the office of the City Clerk of the City of Tustin, which is incorporated herein by reference. The description of each lot or parcel is part of the records of the Assessor of the County of Orange and these records are, by reference, made part of this Report. ',\newDert\rnf~#projects\tustin\fy 99-O0\llmdVeport & tables\prelim engr's rept.doc Berryma/~ & He/~igar Lighting District, FY 1999-00, City Of Tustin - Landscat: Engineer's Report May 17, 1999 Page PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL The 1972 Act permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include the construction, maintenance and servicing of street lights, traffic signals and landscaping facilities. Streets and Highways Code Section 22573 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 benefits to be received by each such lot or parcel from the improvements. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." In addition, Proposition 218 (Prop. 218), the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. 'Prop. 218 provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. Prop. 218 also requires that publicly owned property which benefit from the improvements be assessed. REASON FOR THE ASSESSMENT The assessment is proposed to be levied to defray the costs of the maintenance and servicing of landscaping, lighting 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 operation of these services. EQUIVALENT DWELLING UNITS Since the assessment will be levied against parcels of property as shown on the tax roll, 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, a single family parcel would be paying the same as a 50 unit apartment parcel or a large commercial establishment in a similar zone and this would not be equitable. The single family residential lot has been selected as the basic unit for calculation of assessments and is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to calculate the EDUs for other residential land uses and for non-residential parcels. Every land-use is converted to EDU's: parcels containing apartments are converted to EDU's \\newbert~'nfl#projects\tustin\fy 99-00U!rnd~repo,~ & tabiesq:)relim engr's rept.doc BerG,man & lYer~igar City Of Tustin - Landscape Engineer's Report Lighting District, FY 1999-00 May 17, 1999 Page 12 based on the number of dwelling units on each parcel of land' commercial parcels are converted based on the lot size of each parcel of land. The EDU method is seen as the most appropriate and equitable for landscape and lighting districts, as the benefit to each parcel from the improvements are apportioned as a function of land-use type and size. Single Family Residential (SFR). Parcels zoned for single family residential uses are assessed 1 EDU per dwelling unit. Parcels designated as SFR land-use will be assessed 1 EDU per dwelling unit, including vacant subdivided residential lots and vacant land zoned for single family residential uses with a tentative or final tract map. Multiple Family Residential. Multiple-residential (including condominiums)land use equivalencies are determined based on the number of dwelling units on each parcel. Due to population density and size of structure relative to the typical single family residence, each dwelling unit defined as multi-family residential, including condominiums, would be 0.75 EDU. The EDU's assigned to a multiple-residential parcel are calculated by multiplying the number of dwelling units by the EDU factor of 0.75. This includes vacant multi-family residential parcels zoned for multiple-residential uses with a tentative or final tract map. Non-Residential. In converting non-residential properties to EDUs, the factor used is the City of Tustin's typical standard single family residential lot area and the number of lots that could be subdivided into an acre of land. All properties that are developed for non- residential uses are therefore assigned 6 EDU's per acre. These include commercial, industrial, church, school and other non-residential uses. Vacant Parcels with No Development Designation. Vacant parcels with no development designation or without a tentative or final map are assigned a reduced equivalency due to their current lack of immediate development potential. Based upon the opinions of professional appraisers appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of the property. In Tustin Ranch, the land value portion of a single family detached residence appears to be typically 30 percent or higher of the total value based on the County Assessor's tax rolls. Therefore, vacant parcels are assigned equivalency units at the rate of 30 percent of improved property which is 6 EDU/acre x 30% = 2.0 EDU/acre. Park parcels are also considered as vacant with no development potential, and are assessed at that rate. Peters Canyon Regional Park is a large, natural, open space park with very few facilities, which straddles the cities of Orange and Tustin and a portion of unincorporated county area. The park has many access points around its perimeter and one is within the Tustin Ranch area. This park receives a very small amount of benefit reiative to its ~ize ~d :t seems reasonable to compare it to other existing parks within Tustin Ranch. There are seven currently developed parks, five public parks (Camino Real, Cedar Grove, Heritage, Laurel Glen, and the Tustin Sports Park) and two private parks, with an average park size of 6.26 acres. Therefore, 6.26 acres have been used to estimate the relative benefit Peters Canyon Regional Park receives. ~\newbert\mfl#projects\tustin\fy 99-00\llmdVeport & tables\prelim engr's rept.doc Berrymarl & Henigar City Of Tustin - LandscaF. Engineer;s Report Lighting District, FY 1999-00 May 17, 1999 Page 13 Golf Course Property. Golf Course parcels are developed commercial property, but the development is at a very Iow level. Therefore, golf course parcels are assessed at a rate between developed and vacant land, at twice the rate of vacant parcels with no development designation, which is 2.0 EDU/acre x 2 - 4.0 EDU/acre. Public Property. Article XIIID of the California Constitution requires that all benefiting public properties be assessed for their fair share of the special benefit. Public property which is designated for residential or non-residential purposes (such as schools and fire stations) will be assessed the same as private property with the same designation. Public parks will be assessed the same as vacant parcels with no development designation. Exempt. Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public drainage, public easements and rights-of-ways, public greenbelts and parkways. Also excepted from assessment would be utility rights-of-way, common areas (such as in condominium complexes), landlocked parcels, unbuildable parcels vacated by the City, and parcels designated on Tract or Parcel Maps for landscaping. EQUIVALENT DWELLING UNIT (EDU) FORMULA Land Use Basic Unit x EDU Factor = EDU Rates Single Family Res. (SFR) 1 D.U. x 1.00 = 1 EDU/DU Multi-family Res. (including Condos) 1 D.U. x 0.75 = 0.75 EDUIDU Commercial/Industrial and other Non-Residential (including schools) 1 Acre x 6.00 = 6.0 EDU/ac Vacant (including Parks) 1 Acre x 2.00 = 2.0 EDU/ac Golf Courses 1 Acre x 4.00 = 4.0 EDU/ac SPECIAL BENEFIT ANALYSIS STREET LIGHTING BENEFIT Proper maintenance and servicing of the street lighting system benefits all properties within the District by providing security, safety and community character and vitality as outlined below. Street lights provide only incidental benefits to motorists traveling to, from or through the area. BENEFITS OF STREET LIGHTING Security and Safety · Mitigates crime · Alleviates the fear of crime · Enhances pedestrian safety Community Character and Vitality · Promotes social interaction · Promotes business and industry · Contributes to a positive nighttime visual image A large portion of the City of Tustin is within an Ad Valorem Lighting Maintenance District and is paying for the operation and maintenance of street lights in a similar manner. The area of the District, being a recent annexation to the City, was not a part of this Ad Valorem Maintenance District. Therefore, to fund the public street lights in this developing area, in 1985 the City \\newDert\mfl#projects\tustin\fy 99-00\llmd~report & tables\prelim engr's rept.doc Berryman & Heni9ar Lighting District, FY 1999-00 ' City Of Tustin - Landscape Engineer's Report May ~ 7, f 999 Page 14 established the 1972 Landscape and Lighting District. Those properties that are adjacent to private streets pay for their local street lights through their Home Owners Association fees. Arterial and Collector Lighting; Street lighting on the arterials and collector streets provide special and direct benefits to all properties within the District, as these lighting benefits are directly related to the positive enhancement of the Community and therefore increase property desirability and quality of' life. All properties within the District receive a special benefit from lighting on the arterial and collectors. Lighting at intersections, which is defined as safety lighting, is considered to be the minimum lighting requirement for vehicular safety; therefore, safety lighting represents the general benefit portion of street lighting and is not assessed. Traffic signals are also considered to provide a general benefit and are not assessed. Street lights which are not adjacent to the development in the District are deemed not to benefit the area. Street lights on the east side of Jamboree Road, north of the I-5 Freeway, which provide benefit to the property on the east side of Jamboree, are not included in this District and the costs will not be assessed. Local Residential Lighting. Many of the residential units in the District have private street lighting systems directly adjacent to their homes. This lighting is usually provided by a Home Owners Association, and payment for the lights are usually made through association dues or assessments. Parcels that have local residential street lighting provided by the City receive special and direct local lighting benefit and are assessed for those local lights. There are eighty-seven local residential 5800 lumen lights and four 9,500 lumen lights. The cost for these lights are assessed only to these benefiting parcels. The following Tables provide a summary of EDU's by land use and Benefit Area for the District: Arterial & Collector Lighting Benefit By Land Use Parcels Dwellings Acres EDU's Single Family Residential 1,932 2,598 * 2,598.000 Multi-family Residential 2,835 5,099 3,824.250 Non-Residential 59 185.569 1,113.414 Schools 8 20.337 122.022 Vacant 2 13.616 27.232 Parks 23 72.215 144.430 Golf Course 12 152.380 609.520 Total 4,871 7,697 444.117 8,438.868 Some "SFR" parcels are developing tracts with multiple SFR dwelling units. By Benefit Area Parcels Dwellings Acres EDU's A 4O 0 B 4,462 7,328 C 369 369 Total: 4,871 7,697 152.945 917.670 291.172 7,152.198 0.000 369.000 444.117 8,438.868 ',\newbert\mf~prOJects\tustin\fy 99-00\llrndVeport & tables\prelim engr's rept.doc 8erryman & Henigar Lighting District, FY 1999-0~ ~ City Of Tustin . Landsc~ Engineer's Report May 17, 1999 Page ?5 Lighting Benefit Local Residential By Land Use Parcels Dwellings Single Family Residential 369 369 369 369 EDU's 369.000 369.000 By Benefit Area Parcels Dwellings EDU's C 369 369 369.000 Total: 369 369 369.000 LANDSCAPING BENEFIT Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value. 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 along side the roadway. Landscaping along recreational trails and greenbelts, if well maintained, provide beautification and enhancement of the desirability of the surroundings, and therefore increase property value. In Greenways for America by Charles E. Little, it is stated: ...[real estate] agents routinely advertise properties as being on or near the trail .... property near but not immediately adjacent to the Burke-Gilman Trail is significantly easier to sell and, according to real estate agents, sells for an average of 6 percent more as a result of its proximity to the trail. Property immediately adjacent to the trail, however, is only slightly easier to sell .... trails are an amenity that helps sell homes, increase property values and improve the quality of life. Additionally, the National Recreation and Park Association, in J,.~ne 1985, stated' The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of public interest to the taxpayers, who have a stake in a maximum of total assessed values. \\newbert\rnf~#projects\tustin\fy 99-00~lrnd~reDor[ & tables\prelim engr's rept.doc Berryman & Henigar Lighting District, FY 1999-00 City Of Tustin. Landscap Engineer's Report May 17, 1999 Page 16 The District enjoys a higher level of landscaping and streetscaping in their parkways and slopes than the rest of the City of Tustin. The City provides funding for the landscaped medians in the area, so these costs are not assessed. Additionally, a pedestrian and equestrian trail, which will one day be linked with the regional trail system, is landscaped and beautified by the District. The landscape improvements along the arterial and collector streets, in the parkways and slopes, and the regional trail enhance the beauty of the area and benefit all parcels in the community. Excepted from this landscaping benefit is the Tustin Marketplace, Tustin Annex, and the Tustin Auto Center, which provide their own landscaping adjacent to their properties at an even higher level than the rest of the District. Landscaping along roadways provides only incidental benefits to motorists traveling to, from or through the area. Landscaped Parkway, Slope, & Trail Benefit By Land Use Parcels Dwellings Acres EDU's Single Family Residential 1,932 2,598 * 2,598.000 Multi-family Residential 2,835 5,099 3,824.250 Non-Residential 19 32.624 195.744 Schools 8 20.337 122.022 Vacant 2 13.616 27.232 Parks 23 72.215 144.430 Golf Course 12 152.380 609.520 4,831 7,697 291.1'72 7,521.198 Some parcels categorized under "SFR" are developing tracts with multiple SFR dwelling units. By Benefit Group Parcels Dwellings Acres EDU's B 4,46:2 7,328 * 291.172 7,152.198 369 369 0.000 369.000 Total: 4,831 7,697 291.172 7,521.198 ASSESSMENT RATE SUMMARY The tables below summarize the assessment amounts per EDU for each Benefit Area. Service Category and Benefit Area FY 99-00 ASSESSMENT RATE SUMMARY ACLT - Arterial & Collector Lighting $8.04 / EDU FY 98-99 FY 99-00 LRLT - Local Residential Lighting $19.72 / EDU: Actual Max. Allow. % Actual Total PSTL- Pkwy, Slope and Trail Landscape $44.06 / EDU Asmt Rates Asmt Rates Change Asmt Rates Asmt Benefit Area A (ACLT) $7.87 / EDU _. $8.04 / EDU 2.2% $8.04 / EDU $7,378 Benefit Area B (ACLT. PSTL) _ $50.98 / EDU $52.10 / EDU 2.2% $52.10 1 EDU $372,630 Benefit Area O (ACLT + PSTL + LRLT) $70.27 / EDU $71.82 / EDU 2.2% $71.82 / EDUi$26,502 $406,509 ':',newDert~mfl#projects\tustin\fy 99-00\llmd~'e13ort & tables\prelim engr's rept.doc Berryrnan & Heni9ar City Of Tustin - Landscap( Engineer's Report Lighting District, FY 1999-00 May 17, 1999 Page 17 The proposed assessment rate has been increased by the Consumer Price Index (CPI) for all Urban Consumers for the Los Angeles, Anaheim, and Riverside Area subject to approval by the City Council. The percent increase in the CPI from February 1998 to February 1999 is 2.2%. The proposed assessment rates by landuse category for each Benefit Area are shown in the Table below. ASSESSMENT RATE SUMMARY BY LAND USE BENEFIT AREA: A B C ACLT + ACLT + PSTL LAND USE ACLT PSTL + LRLT Single Family Res. ($ / Dwelling Unit) $52.10 / DU $71.82 / DU Multi-family Res. ($ / Dwelling Unit) $39.08 / DU Non-Residential ($ / ac) $312.60 / ac Non-Res - Tustin Market Place ($ / ac) S48.24 / ac Golf Course ($ / ac) $208.40 / ac Vacant and Parks ($ / ac) $104.20 / ac I, William E. Stracker, P.E. the authorized representative of Berryman & Henigar, the duly appointed Assessment Engineer, am of the opinion that the assessments have been apportioned in accordance with the estimated special benefit derived by each parcel and that the assessments do not exceed the reasonable cost of the proportional special benefit. DATED: May 17, 1999 Berryman & Henigar William E. Stracker, P.E. ASSESSMENT ENGINEER R.C.E. No. 25082 City Of Tustin . Landscap~ Engineer's Report Lighting District, FY ~ 999.00 May17, 1999 Page 18 PART E PROPERTY OWNERS LIST The property owner list with the names and addresses of each property owner of each lot or parcel, as shown on the Assessment Diagram referenced in Part F herein, is the list of property owners within the District boundaries as shown on the last equalized roll of the Assessor of the County of Orange and is, by reference, made part of this report. PART F ASSESSMENT DIAGRAM An Assessment Diagram for the District is on file in the office of the City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Orange, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. \\newbert\mfl#projects\tustin\fy 99-O0\llmd~report & tables\prelim engr's rept. doc Berryman & lYenigar City Of Tustin - Landsc~ Engineer's Report Lighting District, FY 1999-~ May 17, 1999 Appendix ,,qewi:)ert~mf~#pro!e%s\tustin\fy 99-O0~Jimd\report & tables\prelim engr's rept.doc Berryman & Henigar