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HomeMy WebLinkAbout08 TLLD ASSESSMENTS 03-15-04 AGENDA REPORT Agenda Item 8 Reviewed: ú£ City Manager Finance Director MEETING DATE: MARCH 15, 2004 FROM: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION TO: SUBJECT: TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2004-2005 SUMMARY The City Council, at their meeting of January 20, 2004 adopted Resolution No. 04-09, 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 actions is now appropriate: . Adoption of Resolution No. 04-30 approves the Engineer's Report for Fiscal Year 2004-2005. Adoption of Resolution No. 04-31 declares the City Council's intention to levy annual assessments for Fiscal Year 2004-2005 and sets a public hearing for April 19, 2004. . RECOMMENDATION It is recommended that the City Council adopt the following resolutions: . Resolution No. 04-30 approving the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2004-2005; and Resolution No. 04-31 declares its intention to levy annual assessments for Fiscal Year 2004-2005 and setting a public hearing for April 19, 2004. . FISCAL IMPACT The landscape maintenance and public street lighting expenses within the Tustin Ranch area will be recovered through the levy of the annual assessments for the District. The City's proposed assessment on parkland within the District is $7,857.95 and will be paid through the City's Fiscal Year 2004-2005 property tax expense fund. BACKGROUND The District was formed on July 15, 1985 to install and maintain certain street lighting and landscaping in the area generally bounded by Browning Avenue, Irvine Boulevard, Jamboree Road (formerly Myford Road) and the 1-5 Freeway within the City of Tustin. Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2004-2005 March 15, 2004 Page 2 Assessments for the benefiting property were confirmed for the first fiscal year, 1985-1986, 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 procedures required by the passage of Proposition 218 on the November 1996 Statewide ballot, which added Article XIIiD to the State Constitution, the City re-analyzed the District regarding the special benefits associated with the improvements for each property in the District, commencing with Fiscal Year 1997-1998. 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. Based on the result of the ballot proceedings, the base assessment rate for Fiscal Year 1997- 1998 may be increased in subsequent years by no more than the increase in the CPI for all urban consumers for the Los Angeles, Anaheim and Riverside area. The percentage increase in the CPI for calendar year 2003 is 1.8%. The District's budget for Fiscal Year 2004-2005 has been increased per the maximum allowed by Proposition 218 to offset anticipated increases in operating expenses. Each year the City estimates the cost to provide the street lighting and landscape maintenance services in the Tustin Ranch area. 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 5682 parcels within the District for Fiscal Year 2004-2005, which is the same number of parcels as for Fiscal Year 2003-2004. The District includes three separate benefit areas based upon the special benefits received. . Benefit Area "A" - . Benefit Area "B" - . Benefit Area "C" - Properties located in Benefit Area "A" pay only for Arterial and Collector Street Lighting (ACL T). Properties located in Benefit Area "B" pay for Arterial and Collector Street Lighting, plus Parkway, Slope, and Trail Landscaping (ACL T + PSTL). Properties located in Benefit Area "C" pay for Arterial and Collector Street Lighting, plus Parkway, Slope, Trail Landscaping, plus Local Residential Street Lighting (ACL T + PSTL + LRL T). Those parcels that pay for local residential street lighting are located within the residential tracts that have public streets. Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2004-2005 March 15, 2004 Page 3 Typically, owners of single-family residential parcels in each area pay an equal share. The proposed assessments to be paid by single family residential parcels in each of the following benefit areas are: . Benefit Area "A" (ACL T) ................................................................... $ 9.40 per year Benefit Area "Bit (ACL T + PSTL) ...................................................... $59.87 per year . . Benefit Area "C" (ACL T + PSTL + LRL T) ...................,..................... $83.14 per year The total costs to be assessed for lighting and landscape maintenance for Fiscal Year 2004-2005 are $89,227.00 and $387,292.00, respectively, for a total operating and maintenance assessment of $476,519.00. The Engineer's Report prepared by Harris & Associates has been filed with the City Clerk and contains the following proposed levy of assessments for Fiscal Year 2004-2005 along with a comparable listing to last year's assessment. ASSESSMENT RATE SUMMARY BY LAND USE FY 2003-04 FY 2004-05 BENEFIT AREA: A B C A B C ACLT + ACL T + PSTL ACLT + ACL T + PSTL LAND USE ACLT PSTL + LRLT ACLT PSTL + LRLT Single Family Res. ($/Dwelling Unit) $58.81 I DU $81.67 I DU $59.87 I DU $83.14 I DU Multi-fallÙly Res. ($/Dwelling Unit) $44.11 IDU $44.90 I DU Non-Residential ($/ac) $352.86 lac $359.22 lac Non-Res - Tustin Market Place ($/ac) $55.38 lac $56.40 lac Golf Course ($/ac) $235.24 lac $239.48 lac Vacant and Parks ($/ac) $117.62 lac $119.74 lac Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2004-2005 March 15, 2004 Page 4 CONCLUSION The two attached resolutions require adoption by the City Council at the March 15, 2004 meeting. These resolutions provide for the following: . Resolution No. 04-30 approves the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessment for Fiscal Year 2004-2005. . Resolution No. 04-31 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. 04-31 also 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 April 19, 2004 at 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin, California. ~¡(.~ fí¿ Tim D. Serlet Director of Public Works/City Engineer ~~¿: ~ Engineering Services Manager Attachments: Resolution No. 04-30 and No. 04-31 Engineer's Report for Tustin Landscape and Lighting District, Fiscal Year 2004-2005 RESOLUTION NO. 04-30 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 2004-2005 WHEREAS, by Resolution No. 04-09, the City Council initiated proceedings for the 2004-2005 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 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 that it determines and orders as follows: Section 1: That the report entitled "Engineer's Report for Tustin Landscape and Lighting District, Fiscal Year 2004-05" prepared by the Engineer, Harris & Associates, dated March 3, 2004, 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 15th day of March 2004. Tony Kawashima, Mayor ATTEST: City Clerk RESOLUTION 04-31 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 2004-2005 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. 04-09 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. 04-09, 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 ~repare and file such a report and it was approved by the City Council on the 15t day of March 2004, with the passage and adoption of Resolution No. 04-30. NOW, THEREFORE, BE IT RESOLVED by the City Council of 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 assessments for Fiscal Year 2004-2005 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. Section 2: That the improvements to be undertaken consist of the installation, maintenance, servicing and operations of those certain public landscaping and lighting facilities located within the Tustin Landscape and Lighting District. The Assessment District designated as Tustin Landscape and Lighting District generally encompasses the portion of the City known as East Tustin, being north of the 1-5 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 exceptions. Resolution 04-31 March 15, 2004 Page 2 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. 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 April 19, 2004, at the hour of 7:00 p.m. in 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 15th day of March 2004. Tony Kawashima, Mayor ATTEST: City Clerk ENGINEER'S REPORT FOR TUSTIN LANDSCAPE AND LIGHTING DISTRICT FiscaL Year 2004 - 05 CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA Prepared by: II Harris & Assodates March 3, 2004 City of Tustin - landscape and lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 1 ENGINEER'S REPORT TUSTIN LANDSCAPE AND LIGHTING DISTRICT The undersigned respectfully submit the enclosed report as directed by the City Council. The undersigned certifies that he or she is a Professional Engineer, registered in the State of California. DATED: March 3, 2004 Harris & Associates B~ R.c.E. No. 41965 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed in the office of the City Clerk on the - day of ,2004. , City Clerk, City of Tustin Orange County, California By I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confmned by the City Council of the City of Tustin, California, on the - day of , 2004. , City Clerk, City of Tustin Orange County, California By I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Orange, on the - day of ,2004. , City Clerk, City of Tustin Orange County, California By r:\tustin\fyO4-D5\reports\lImdO405 doc II I Harrls & Associates ENGINEER'S REPORT FOR TUSTIN LANDSCAPE AND LIGHTING DISTRICT Fiscal Year 2004 - 05 CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA Prepared by: . Harris & Associates March 3, 2004 City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 1 ENGINEER'S REPORT TUSTIN LANDSCAPE AND LIGHTING DISTRICT The undersigned respectfully submit the enclosed report as directed by the City Council. The undersigned certifies that he or she is a Professional Engineer, registered in the State of California. DATED: March 3, 2004 Harris & Associates BY: Joan E. Cox, P.E. RC.E. No. 41965 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed in the office of the City Clerk on the - day of ,2004. , City Clerk, City of Tustin Orange 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 Tustin, California, on the - day of , 2004. , City Clerk, City of Tustin Orange County, California By I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Orange, on the - day of , 2004. , City Clerk, City of Tustin Orange County, California By c:\documents and setlings\btenkean~ocal settings\temporary internet files\olk15\lImdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 2 TABLE OF CONTENTS Submittal and Acknowledgments .........................,.......................................................1 Introduction...................................................................................................................3 Report...........................................................................................................................4 Part A - Plans and Specifications............................................................................6 Part B - Estimate of Cost......................................................................................... 9 Part C - Assessment Roll ......................................................................................10 Part D - Method of Apportionment of Assessment............................................... 11 Part E - Property Owner List.................................................................................19 Part F - Assessment Diagram................................................................................19 Appendix Budget Detail/ Maximum Assessment Rate Calculations Budget & Assessment Comparison Assessment Changes from the Previous Year Government Parcels Landscape Maintenance Facilities Map Assessment DiagramIBoundary Map Land Use Map Preliminary Assessment Roll (under separate cover) c:ldocuments and settingslbtenkeanllocal settlngsltemporary Internet fileslolk151I1md0405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 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 2004-05 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 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. The current boundary is shown on the Assessment Diagram/Boundary Map, which is included in the Appendix. 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 in 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, arterial and collector street lighting, and local residential street lighting in public rights- of-way and dedicated easements. The District does not install or maintain parks or median islands in roadways. SCOPE OF REPORT This report covers the levy of annual assessments for the 2004-05 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 calendar year. The intent of applying the annual CPI adjustment to the base assessment rate is to maintain the value of the maintenance work, in relation to the increased cost of the maintenance. Therefore, the rates applied in FY 1997-98 are equal to the maximum rates today, when you consider the increased cost of living. In 1997, property owners within the District were noticed for and they approved, by assessment ballot proceeding, potential adjustments in the rates based on the annual CPI. The CPI for Calendar Year 2003 (December 2002 to December 2003) is 1.8%. 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. For the calculation of the maximum assessment for each Fiscal Year, please refer to the Appendix. c:\documents and settingslbtenkeanllocal settingsltemporary internet fileslolk151l1mdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 4 CITY OF TUSTIN FISCAL YEAR 2004-05 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 AND ARTICLE XIIID 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, Joan E. Cox, P.E., the authorized representative of Harris & Associates, 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, 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 reference. c:\documents and settingslbtenkean\local settings\temporary internet flles\olk15\límdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 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 benefit areas 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. c:\documents and settingslbtenkean\local settings\temporary internet files\olk15\IImdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 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 2004-05 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. 375 II 374 Size of Lumens 16,000 9,500 5,800 Tvpe of Light High Pressure Sodium Vapor High Pressure Sodium Vapor High Pressure Sodium Vapor The area is built-out; therefore no additional street lights are anticipated. . LANDSCAPING The arterial landscaping includes parkway, slope and trail 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 A venue and Jamboree Road, excepting that portion adjacent to the SCE substation . the easterly side of Browning Avenue between the northerly comer of Tract No. 13094 (southerly of Bent Twig Lane) and El Camino Real, including area from APN 500-201-02 for a future overcrossing, but excepting that portion adjacent to the SCE substation . the westerly side of Tustin Ranch Road between the Santa Ana 1-5 Freeway and Jamboree Road . the easterly side of Tustin Ranch Road between Bryan Avenue and Jamboree Road, excepting that portion adjacent to 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 c:ldocuments and settings\btenkean~ocal settingsltemporary internet fileslolk151I1mdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 7 . the southerly side of Irvine Boulevard between the westerly boundary of Tract No. 13053 and the easterly boundary of Tract No. 13038 (:t630 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 and parkways on the easterly side of Jamboree Road between the northerly City limits and Tustin Ranch Road, including the slopes granted to the City by the Transportation Corridor Agency per Instrument No. 1999048101 recorded January 22, 1999 (net acreage increase of 4.11 acres) . 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 . EquestrianlHiking Trail between Tustin Ranch RoadlPortola Parkway and Peters Canyon Regional Park (the final phase of the trail will be completed in Fiscal Year 2004-05, and the maintenance will be included in the assessment for Fiscal Year 2005-06) . Paseo for public access between Jamboree Road and Pioneer Road adjacent to Tract Numbers 14366 and 14576 The total landscaped area is approximately 51 acres. These areas are shown on the 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 Benefit Areas 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, in public rights-of-way, parkways, and dedicated easements within the boundaries of said Assessment District. c:\documents and settings\btenkean~ocal settings\temporary internet files\olk15\lImd0405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 8 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 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. c:\documents and settingslbtenkeanllocal settingsltemporary internet fíleslolk15~lmdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 9 PARTB ESTIMA TE OF COST The City's budget for the maintenance and service costs, shown below, details the estimated costs and fund balances for Fiscal Year 2004-05 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. The Reserves, District Administration and Projected Fund Balance items have been prorated based on the budget amounts. FY 2004-05 BUDGET & ASSESSMENT District Less Projected Reserve Admin. Fund Balance Total to Service Category Budget (50% Max.) (*No. 6018) 6/30/2004 Asmt Arterial and Collector Street Lighting $78,251 $34,067 $1,855 (33,532) $80,641 *Object No. 6220 Local Residential Lighting $8,349 $3,617 $198 (3,578) $8,586 *Object No. 6220 Parkway, Slope and Trail Landscaping $419,700 $137,496 $9,947 (179,851) $387,292 *Object Nos. 6028, 6132, 6335, 6350 Totals $506,300 $175,180 $12,000 ($216,961) $476,519 Total to Assessment: $476,519 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 1972 Act allows a reserve for cash flow not to exceed 50% of the budget. For a breakdown of the costs by Service Category and Benefit Area, please see "Benefit Areas" on page 17 of this report. c:\documents and settingslbtenkean\local settlngs\temporary internet files\olk15\IImd0405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 10 PARTC ASSESSMENT ROLL The Assessment Roll is a listing of the proposed assessment and the amount of assessment for Fiscal Year 2004-05 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. c:\documents and settingslbtenkean\local settings\temporary internet fiies\olk15~lmdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 11 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL The 1972 Act pennits 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. Street 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 fonnula 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 pennits the designation of areas 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 EDU's 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 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. c:ldocuments and settings\btenkean~ocal settingsltemporary internet fileslolk151i1mdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 12 The EDU method is seen as the most appropriate and equitable method of spread 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 qwelling 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 detennined 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 EDU's, 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 one-third 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 one-third of improved property which is 6 EDU/acre x one-third = 2 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 relative to its size, and it seems reasonable to compare it to other existing parks within Tustin Ranch. There are cutTently seven 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 acresl. Therefore, 6.26 acres have been used to estimate the relative benefit Peters Canyon Regional Park receives. Golf Course Property. Golf Course parcels are developed commercial property, but the development is at a very low 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. 1 As ofFY 1997-98, when the District was approved by public owner ballot. c:\documents and settingslbtenkean\local settings\temporary internet files\olk15\lImdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 13 Public Property. Article Xnill 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 Property. 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 Sin¡:le Family Res. (SFR) I D.U. x 1.00 = 1 EDU/DU Multi-family Res. (including Condos) I D.U. x 0.75 = 0.75 EDU/DU commerciaIlIndustrial and other Non-Residential (including Schools) I Acre x 6.00 = 6.0 EDU/ac Vacant (including Parks) I Acre x 2.00 = 2.0 EDU/ac Golf Courses I 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 the developing area, in 1985 the City established the 1972 Landscape and Lighting District. Those properties that are adjacent to private streets pay for their local private street lights through their Home Owners Association fees. c:ldocuments and settingslbtenkeanllocal settingsltemporary internet fileslolk15~lmdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 14 Arterial and Collector Lighting. Street lighting on the arterial and collector streets provides 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 arterials 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 1-5 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. The following table shows the number of parcels, dwellings, acres and EDUs for each land use type that receive this benefit. Arterial & Collector Lighting Benefit FY 2003-04 FY 2004-05 By Land Use Parcels DwelIinl!:s Acres EDU's Parcels DwelIinl!:s Acres EDU's Sinde Family Res. 2,602 2,602 2,602.000 2,602 2,602 2,602.000 Multi-fallÙly Res. 2,975 5,100 3,825.000 2,975 5,100 3,825.000 Non-Residential 60 183.454 1,100.724 60 183.454 1,100.724 Schools 10 48.573 291.438 10 48.573 291.438 Vacant I 3.715 7.430 I 3.715 7.430 Parks 22 72.135 144.270 22 72.135 144.270 Golf Course 12 151.991 607.964 12 151.991 607.964 Total 5,682 7,702 459.868 8,578.826 5,682 7,702 459.868 8,578.826 NOTE ON THE ABOVE TABLE: There were no changes between FY 2003-04 and FY 2004-05. 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 5,800 lumen lights and four 9,500 lumen lights. The cost for these lights is assessed only to these benefiting parcels. c:ldocuments and setlings\btenkean~ocal setlingsltemporary internet fileslolk15\lImdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 15 The following table shows the number of parcels, dwellings and EDUs that receive this benefit. There were no changes from the previous fiscal year. Local Residential Lighting Benefit Bv Land Use Parcels Dwellinl!s EDU's Sin ¡¡Ie FallÙlv Residential 369 369 369.000 369 369 369.000 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 detennined 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 June 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. 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 c:\documents and settings\btenkean\local settings\temporary internet files\olk15~lmdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 16 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 are 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. The following table shows the number of parcels, dwellings, acres and EDUs for each land use type that receive this benefit. Landscaped Parkway, Slope & Trail Benefit FY 2003-04 FY 2004-05 By Land Use Parcels Dwellines Acres EDU's Parcels Dwellines Acres EDU's Single Family Res. 2,602 2,602 2,602.000 2,602 2,602 2,602.000 Multi-fallÙly Res. 2,975 5,100 3,825.000 2,975 5,100 3,825.000 Non-Residential 19 32.624 195.744 19 32.624 195.744 Schools 10 48.573 291.438 10 48.573 291.438 Vacant I 3.715 7,430 I 3.715 7.430 Parks 22 72.135 144.270 22 72. 135 144.270 Golf Course 12 151.991 607.964 12 151.991 607.964 Total 5,641 7,702 309.038 7,673.846 5,641 7,702 309.038 7,673.846 NOTE ON THE ABOVE TABLE: There were no changes between FY 2003-04 and FY 2004-05. c:ldocuments and settings\btenkean~ocal settingsltemporary internet filesloik15\ilmdO40S.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 17 BENEFIT AREAS There are three benefit areas within the District: Benefit Area A - parcels that receive only Arterial and Collector Street Light benefit. Benefit Area B - parcels that receive Arterial and Collector Street Light benefit and Parkway, Slope, and Trail Landscaping benefit. Benefit Area C - parcels that receive Arterial and Collector Street Light benefit, Parkway, Slope, and Trail Landscaping benefit, and Local Residential Lighting benefit. The following tables provide a summary of parcels, dwellings, acres, EDU's and Costs by Benefit Area for the District. The Service Category Costs are based on the EDU's and rates for each benefit area. FY 2003-04 FY 2004-05 By Benefit Area Parcels Dwellinl!:s Acres EDU's Parcels Dwellinl!:s Acres EDU's A 41 -- 150.830 904.980 41 -- 150.830 904.980 B 5,272 7,333 309.038 7,304.846 5,272 7,333 309.038 7,304.846 C 369 369 -- 369.000 369 369 -- 369.000 Total: 5,682 7,702 459.868 8,578.826 5,682 7,702 459.868 8,578.826 Service Category Costs by Benefit Area FY 2003-04 FY 2004-05 Arterial & Local Parkway, Arterial & Local Parkway, Benefit Collector Residential Slope & Trail Total to Collector Residential Slope & Trail Total to Area Street Lights Lighting Landscaping Assessment Street Lights Lighting Landscaping Assessment A $8,352 $8.352 $8,507 $8,507 B $67,417 $362,188 $429,606 $68,665 $368,669 $437,334 C $3,406 $8,435 $18,296 $30,136 $3,469 $8,586 $18,623 $30,678 Totals $79175 $8435 $380.484 $468094 $80641 $8.586 $387.292 $476519 c:ldocuments and settingslbtenkeanllocal settingsltemporary internet fileslolk15~imdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 18 ASSESSMENT RATE SUMMARY The tables below summarize the assessment amounts per EDU for each Benefit Area. Service Category and Benefit Area FY 2004-05 ASSESSMENT RATE SUMMARY ACL T - Arterial & Collector Lighting $9.40 I EDU FY 2003-04 FY 2004-05 LRLT - Local Residential Lighting $23.27 I EDU Actual Max. Asmt Rates Actual Total PSTL - Pkwy, Slope & Trail Landscape $50.47 I EDU Asmt Rates (incl. cPI)* Asmt Rates Asmt Benefit Area A (ACLT) $9.23 I EDU $9.40 I EDU $9.40 I EDU $8,507 Benefit Area B (ACLT + PSTL) $58.81/EDU $59.87 I EDU $59.87 I EDU $437,334 Benefit Area C (ACLT + PSTL + LRLT) $81.67/EDU $83.14 I EDU $83.14 I EDU $30,678 $476,519 . See "Maximum Assessment Rate Calculations" in the Appendix for details on the calculation of the Max. Assessment Rates The base assessment rate which may be levied for each Equivalent Dwelling Unit (EDU) may be increased by the cpr for all Urban Consumers for the Los Angeles, Anaheim, Riverside Area in any calendar year by City Council approval each year. The cpr for Calendar Year 2003 (December 2002 to December 2003) is 1.8%. The proposed assessment rates by land use category for each Benefit Area are shown below. ASSESSMENT RATE SUMMARY BY LAND USE FY 2003-04 FY 2004-05 BENEFIT AREA: A B C A B C ACLT + ACLT + PSTL ACLT+ ACLT + PSTL LAND USE ACLT PSTL + LRLT ACLT PSTL + LRLT Single Family Res. ($!Dwelling Unit) $58.81 / DU $81.67 IDU $59.87 I DU $83.14 I DU Multi-fallÙly Res. ($!Dwelling Unit) $44.11 I DU $44.90 I DU Non-Residential ($/ac) $352.86 / ac $359.22 lac Non-Res - Tustin Market Place ($/ac) $55.38 lac $56.40 lac Golf Course ($/ac) $235.24 / ac $239.48 lac Vacant and Parks ($/ac) $117.62 lac $119.74 lac r, Joan E. Cox, P.E. the authorized representative of Harris & Associates, the duly appointed Assessment Engineer, am of the opinion that the assessments have been apportioned in accordance with the estimated special benefit derived by each parcel and that the assessments do not exceed the reasonable cost of the proportional special benefit. DATED: March 3, 2004 Harris & Associates By: JOAN E. COX, P.E. ASSESSMENT ENGINEER RC.E. No. 41965 c:ldocuments and settings\btenkean~ocal settingsltemporary internet fileslolk15\lImdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 19 PART E PROPERTY OWNERS LIST The property owner list with the names and addresses of each property owner of each lot or parcel, as shown on the Assessment Diagram referenced in Part F herein, is the list of property owners within the District boundaries as shown on the last equalized roll of the Assessor of the County of Orange and is, by reference, made part of this report. PARTF ASSESSMENT DIAGRAM An Assessment Diagram for the District is on file in the office of the City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Orange, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. c:ldocuments and settings\btenkean~ocal settlngsltemporary Internet flleslolk151I1mdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Appendix Appendix c:\documents and settingslbtenkean\local settings\temporary internet files\olk15~lmdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Appendix BUDŒfIEWL FY2004-0S DISIRI cr ANAL '8IS WßKSHEEr District City's Estimate of Object No. Description Budget ($) Costs ($) Comments Annual Engineer's Report - Dis!. Admin.; County charge of 0.3% for placement on 6018 Architect/Eng Services 12,000 12,000 property tax bills 6028 Landscape Maintenance 227,700 227,700 Contract - Turf & groundcover maint. 6132 Tree Trimming Contract 90,000 90,000 Contract - approx. 1,500 trees/yr 6220 Street Light Energy 86,600 78,25 I Street lights - Arterial & Collector 8,349 Street lights - Local 6335 Electric 12,000 12,000 For irrigation equipment 6350 Water 90,000 90,000 IRWD service areas DISTRICT TOTAL 518,300 518,300 Mlxinum Assessment Rite <:àlculations by (Dnsumer Price Index ({PI) increases FY2004-0S CPI ~ Benefit Area A Max Actual Base Year CPI Rate ($) Rate ($) FY 1997-1998 7.91 7.91 FY 1998-1999 1.2% 8.00 7.87 FY 1999-2000 2.2% 8.18 8.04 FY 2000-2001 2.8% 8.41 8.04 FY 2001-2002 3.7% 8.72 8.40 FY 2002-2003 2.1% 8.90 8.90 FY 2003-2004 3.7% 9.23 9.23 FY 2004-2005 1.8% 9.40 9.40 Benefit Area B Max Actual CPI Rate ($) Rate ($) 50.38 50.38 1.2% 50.98 50.98 2.2% 52.10 52.10 2,8% 53.56 52.10 3.7% 55.54 55.54 2.1% 56.71 56.71 3.7% 58.81 58.81 1.8% 59.87 59.87 Benefit Area C Max Actual CPI Rate ($) Rate ($) 69.96 69.96 1.2% 70.80 70.27 2.2% 72.36 71.82 2.8% 74.39 71.82 3.7% 77.14 76.38 2.1% 78.76 78.76 3;7% 81.67 81.67 1.8% 83.14 83.14 c:\documents and setlingslbtenkean\local setlings\temporary internet files\olk15~lmdO405.doc City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Appendix Budget & Assessment Comparison FY 2004-05 Budget & Assessment FY 2004-05 BUDGET & ASSESSMENT District Less Projected Reserve AdllÙn. Fund Balance Total to Service Category Budget (50% Max.) (*No.6018) 6/30/2004 Asmt Arterial and Collector Street Lighting $78,251 $34,067 $1,855 (33,532) $80,641 *Object No. 6220 Local Residential Lighting $8,349 $3,617 $198 (3,578) $8,586 *Object No. 6220 Parkway, Slope and Trail Landscaping $419,700 $137,496 $9,947 (179,851) $387,292 *Object Nos. 6028,6132,6335, 6350 Totals $506,300 $175,180 $12,000 ($216,961) $476,519 Total to Assessment: $476,519 FY 2003-04 Budget & Assessment District Less Projected Reserve AdllÙn. Fund Balance Total to Service Category Budget (50% Max.) (*No. 6018) 6/30/2003 Asmt Arterial and Collector Street Lighting $80,962 $29,178 $1,992 (32,957) $79,175 *Object No. 6220 Local Residential Lighting $8,638 $3,100 $213 ($3,516) $8,435 *Object No. 6220 Parkway, Slope and Trail Landscaping $398,000 $134,703 $9,795 ($162,014) $380,484 *Object Nos. 6028, 6132, 6335, 6350 Totals $487,600 $166,981 $12,000 ($198,487) $468,094 Total to Assessment: $468,094 Li2htin2 and Landscape District Fund Balance Projection Beginning Fund Balance 06/30103 Projected Revenues FY 03-04 Projected Expenditures FY 03-04 Projected Ending Fund Balance FY 03-04 $266,561.00 Per Finance Dept. $450,000.00 Full Collection per Engineer's Report $499,600.00 per Mid Year budget Projections $216,961.00 c:ldocuments and settingslbtenkeanllocal settlngsltemporary internet flleslolk151I1mdO405.doc em: =æEE REDUŒD SCALE ~ CITY OF TUSTIN LANDSCAPE AND LIGHTING DISTRICT ASSESSMENT DIAGRAM FOR THE 2004-05 FISCAL YEAR LANDSCAPE MAINTENANCE FACILITIES MAP I I J£ßEtJD... --< W/DIICAI'<- SI.IJPr- RI1IJ/I£IIAIL- -...... ..... .. ..... .. -.. -.- .- ..... . . ON - .\----- - .. CITY OF TUSTIN LANDSCAPE AND LIGHTING DISTRICT ASSESSMENT DIAGRAM FOR THE 2004-05 FISCAL YEAR ASSESSMENT DIAGRAM/BOUNDARY MAP .J.EŒHJL IDIEFIf AREA A __I _WAC arr- Î\í~ ¡m5 ææES R£DUCEO SCALE ~ WIISII ----. .\--_.. -- .. CITY OF TUSTIN LANDSCAPE AND LIGHTING DISTRICT ASSESSMENT DIAGRAM FOR THE 2004-05 FISCAL YEAR LAND USE MAP ...J.EŒJ/D... -...I - v- ,..,.. -....of .." ""'- arv- au: ææeE REDUCED SCALE ~ == .\--- - .. I ENGINEER'S REPORT FOR TUSTIN LANDSCAPE AND LIGHTING DISTRICT Fiscal Year 2004 - 05 CITY 0 F TUSTIN ORANGE COUNTY, CALIFORNIA Prepared by: . Harris & Assodates March 3, 2004 AGENDA ITEM NO.8 MARCH 15, 2004 City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 1 - , ENGINEER'S REPORT TUSTIN LANDSCAPE AND LIGHTING DISTRICT The undersigned respectfully submit the enclosed report as directed by the City Council. The undersigned certifies that he or she is a Professional Engineer, registered in the State of California. DATED: March 3, 2004 Harris & Assodates B~ R.c.E. No. 41965 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed in the office of the City Clerk on the - day of ,2004. , City Clerk, City ofTustin Orange County, California By I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confinned by the City Council of the City of Tustin, California, on the - day of , 2004. , City Clerk, City of Tustin Orange County, California By I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Orange, on the - day of ,2004. , City Clerk, City of TustÍn Orange County, California By ,.\tustinlry;J4-05\reportslllmdO405.doc B I Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 2 TABLE OF CONTENTS Submittal and Acknowledgments.................................................................................1 Introduction ..................................................................................................................3 Report ...........................................................................................................................4 Part A - Plans and Specifications............................................................................6 Part B - Estimate of Cost ........................................................................................ 9 Part C - Assessment ..Roll.................................................................................... 10 Part D - Method of Apportionment of Assessment .............................................. 11 Part E - Property Owner List ................................................................................ 19 Part F - Assessment Diagram................................................................................ 19 Appendix Budget Detail/Maximum Assessment Rate Calculations Budget & Assessment Comparison Assessment Changes trom the Previous Year Government Parcels Landscape Maintenance Facilities Map Assessment Diagram/Boundary Map Land Use Map Preliminary Assessment Roll (under separate cover) r\tustin\fyO4-05\reports\lImdO405 doc III Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 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 2004-05 fiscal year. The District was fonned on July 15, 1985 to install and maintain certain street lighting and landscaping in the area bounded by Browning Avenue, Irvine Boulevard, Jamboree Road (fonnerly Myford Road) and the 1-5 Freeway within the City of Tustin. Assessments for the benefiting property were confinned 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. The current boundary is shown on the Assessment DiagramIBoundary Map, which is included in the Appendix. 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 in 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. 1M PROVEM ENTS The District improvements consist solely of parkway landscaping, trail landscaping, slope landscaping, arterial and collector street lighting, and local residential street lighting in public nghts- of-way and dedicated easements. The District does not install or maintain parks or median islands in roadways. SCOPE OF REPORT This report covers the levy of annual assessments for the 2004-05 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 calendar year. The intent of applying the annual CPI adjustment to the base assessment rate is to maintain the value of the maintenance work, in relation to the increased cost of the maintenance. Therefore, the rates applied in FY 1997-98 are equal to the maximum rates today, when you consider the increased cost of living. In 1997, property owners within the District were noticed for and they approved, by assessment ballot proceeding, potential adjustments in the rates based on the annual CPt The cpr for Calendar Year 2003 (December 2002 to December 2003) is 1.8%. Since the notice to property owners in 1997 included a potential cpr 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. For the calculation of the maximum assessment for each Fiscal Year, please refer to the Appendix. r Itustin IfyO4-0 5 Ireports III mdO405 . doc H I Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 4 CITY OF TUSTIN FISCAL YEAR 2004-05 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 AND ARTICLE XIIID 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 refeITed to as the "Assessment District" or "District", I, Joan E. Cox, P.E., the authorized representative of HaITis & Associates, 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, 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 reference. r \Iu stinlfyO4 -0 5lreportslllmdO405. doc B I Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 5 PARTD 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. PARTE 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 benefit areas 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. r: \lusti nlfyO4~5lreports IlImdO405. doc == I Harris & Associates City ofTustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 6 PART A PLANS AND SPECIACATIONS 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 2004-05 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. 375 11 374 Size of Lumens 16,000 9,500 5,800 Type of Light High Pressure Sodium Vapor High Pressure Sodium Vapor High Pressure Sodium Vapor The area is built-out; therefore no additional street lights are anticipated. . LANDSCAPING The arterial landscaping includes parkway, slope and trail 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, including area trom APN 500-201-02 for a future overcrossing, but excepting that portion adjacent to the SCE substation . the westerly side of Tustin Ranch Road between the Santa Ana 1-5 Freeway and Jamboree Road . the easterly side of Tustin Ranch Road between Bryan Avenue and Jamboree Road, excepting that portion adjacent to 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 r: \Iustin IfyO4-O5\reports IIImdO40 5. doc III Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 7 . the southerly side ofIrvine Boulevard between the westerly boundary of Tract No. 13053 and the easterly boundary of Tract No. 13038 (:1:630 feet easterly of Myford Road) . the northerly side ofIrvine 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 and parkways on the easterly side of Jamboree Road between the northerly City limits and Tustin Ranch Road, including the slopes granted to the City by the Transportation CoITidor Agency per Instrument No. 1999048101 recorded January 22, 1999 (net acreage increase of 4.11 acres) . 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 RoadiPortola Parkway and Peters Canyon Regional Park (the final phase of the trail will be completed in Fiscal Year 2004-05, and the maintenance will be included in the assessment for Fiscal Year 2005-06) . Pas eo for public access between Jamboree Road and Pioneer Road adjacent to Tract Numbers 14366 and 14576 The total landscaped area is approximately 51 acres. These areas are shown on the 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 "0" of this report for a discussion of the Benefit Areas 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, iITigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public rights-or-way, parkways, and dedicated casements within the boundaries of said Assessment District. r: Itu 5tin IfyO4-05\report511Im dO405 . doc III Harris & Associates City of Tustin - landscape and lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 8 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 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, inigation, 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 inigation 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. r:ltu stinlfyO4-05lreportslll mdO405 . doc III Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 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 2004-05 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. The Reserves, District Administration and Projected Fund Balance items have been prorated based on the budget amounts. FY 2004-05 BUDGET & ASSESSMENT District Less Projected Reserve Admin. Fund Balance Total to Service Category Budget (50% Max.) (*No. 6018) 6/30/2004 Asmt Arterial and Collector Street Lighting $78,251 $34,067 $1,855 (33,532) $80,641 *Object No. 6220 Local Residential Lighting $8,349 $3,617 $198 (3,578) $8,586 *Object No. 6220 Parkway, Slope and Trail Landscaping $419,700 $137,496 $9,947 (179,851) $387,292 *Object Nos. 6028, 6132, 6335, 6350 Totals $506,300 $175,180 $12,000 ($216,961) $476,519 Total to Assessment: $476,519 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 I must be carried over to the next fiscal year. The 1972 Act allows a reserve for cash flow not to exceed 50% of the budget. For a breakdown of the costs by Service Category and Benefit Area, please see "Benefit Areas" on page 17 of this report. r Itu sti n IfyO4 -O5lreportslll mdO405. d 00 -I Harris & Associates City of Tustin - landscape and lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 10 PART C ASSESSMENT ROLL The Assessment Roll is a listing of the proposed assessment and the amount of assessment for Fiscal Year 2004-05 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 0 f this Report. r: Itus Ii nltyO4 -D 51reportslllmdO405 . doc III Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 11 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL The 1972 Act pennits 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. Street 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 fonnula 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 pennits the designation of areas 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 Califomia 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. EQUIV ALE~!-'lW~I..I..Itt(j~J~HS 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 establislunent in a similar zone and this would not be equitable. The single family residential lot has been selected as the basic unit tor calculation of assessments and is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to calculate the EDU's for other residential land uses and for non-residential parcels- Every land-use is converted to EDU's: parcels containing apartments arc converted to EDU's 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. r:\tustin\fyO4-O5\reports\lImdO405 doc H I HarrIs & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 12 The EDU method is seen as the most appropriate and equitable method of spread for landscape and lighting districts, as the benefit to each parcel tTom 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 I 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 detennined 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 EDD. 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 EDU's, 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 tTom 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 one-third 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 one-third of improved property which is 6 EDU/acre x one-third = 2 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 relative to its size, and it seems reasonable to compare it to other existing parks within Tustin Ranch. There are currently seven 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 I. Therefore, 6.26 acres have been used to estimate the relative benefit Peters Canyon Regional Park receives. Golf Course Property. Golf Course parcels are developed commercial property, but the development is at a very low 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 EDUIacre x 2 = 4.0 EDU/acre. ¡ As of FY 1997-98, when the District was approved by public owner ballot. r: Itusti nlfyO4 ~5lreportslll mdO405. doc III Harris & Associates City ofTustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 13 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 Property. Excepted trom 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 Sinl!:le Family Res. (SFR) ID.U. x 1.00 = 1 EDUmU Multi-fallÙly Res. (including Condos) ID.U. x 0.75 = 0.75 EDUmU commerciallIndustrial and other Non-Residential (including Schools) I Acre x 6.00 = 6.0 EDU/ac Vacant (including Parks) I Acre x 2.00 = 2.0 EDU/ac Golf Courses I Acre x 4.00 = 4.0 EDU/ac SPECIAL BENEm 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 the developing area, in 1985 the City established the 1972 Landscape and Lighting District. Those properties that arc adjacent to private streets pay for their local private street lights through their Home Owners Association fees. rltustinlfyO4.05\reportslllmdO405. doc III Harris & Associates City of Tustin - Landscape and lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 14 Arterial and Collector Lighting. Street lighting on the arterial and collector streets provides 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 trom lighting on the arterials 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 1-5 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. The following table shows the number of parcels, dwellings, acres and EDUs for each land use type that receive this benefit. Arterial & Collector Lighting Benefit FY 2003-04 FY 2004-05 By Land Use Parcels Dwellings Acres EDU's Parcels Dwellings Acres EDU's Single FallÙly Res. 2,602 2,602 2,602.000 2,602 2,602 2,602.000 Multi-fallÙly Res. 2,975 -- 5,100 3,825.000 2,975 5,100 3,825.000 Non-Residential 60 183.454 1,100.724 60 183.454 1,100.724 Schools 10 48.573 291.438 10 48.573 291.438 Vacant I 3.715 7.430 I 3.715 7.430 Parks --~ 22 72.135 144.270 22 72.135 144.270 Golf Course 12 151.991 607.964 12 151.991 607.964 Total 5,682 7,702 459.868 8 578.826 5,682 7,702 459.868 8,578.826 NOTE ON THE ABOVE TABLE: There were no changes between FY 2003-04 and FY 2004-05. 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 5,800 lumen lights and four 9,500 lumen lights. The cost for these lights is assessed only to these benefiting parcels. r: ItustinlfyO4-O5\reportsVI mdO405. doc III Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 15 The following table shows the number of parcels, dwellings and EDUs that receive this benefit. There were no changes from the previous fiscal year. Local Residential Lighting Benefit By Land Use Parcels Dwellings EDU's Single FallÙly Residential 369 369 369.000 369 369 369.000 LANDSCAPING BENEFIT Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability ofthe 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 detennined 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 ofthe 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 ofits 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 June 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. 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 landscapcd and beautified by the District. The landscape r: Ito stin IfyO4-05IreportslllmdO405. doc -I Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 16 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 are 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. The following table shows the number of parcels, dwellings, acres and EDUs for each land use type that receive this benefit. Landscaped Parkway, Slope & Trail Benefit FY 2003-04 FY 2004-05 Bv Land Use Parcels Dwellings Acres EDU's Parcels Dwellings Acres EDU's Single FallÙly Res. 2,602 2,602 2,602.000 2,602 2,602 2,602.000 Multi-fallÙly Res. 2,975 5,100 3,825.000 2,975 5,100 3,825.000 Non-Residential 19 32.624 195.744 19 32.624 195.744 Schools 10 48.573 291.438 10 48.573 291.438 Vacant I 3.715 7.430 1 3.715 7.430 Parks 22 72.135 144.270 22 72.135 144.270 Golf Course 12 151.991 607.964 12 151.991 607.964 Total 5641 7,702 309.038 7673.846 5,641 7702 309.038 7,673.846 NOTE ON THE ABOVE TABLE: There were no changes between FY 2003-04 and FY 2004-05. r: Itu stin 1~4-O5lreports \llmdO405. doc == I Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 17 BENEm AREAS There are three benefit areas within the District: Benefit Area A - parcels that receive only Arterial and Collector Street Light benefit. Benefit Area B - parcels that receive Arterial and Collector Street Light benefit and Parkway, Slope, and Trail Landscaping benefit. Benefit Area C - parcels that receive Arterial and Collector Street Light benefit, Parkway, Slope, and Trail Landscaping benefit, and Local Residential Lighting benefit. The following tables provide a summary of parcels, dwellings, acres, EDU's and Costs by Benefit Area for the District. The Service Category Costs are based on the EDU's and rates for each benefit area. FY 2003-04 FY 2004-05 Bv Benefit Area Parcels Dwellinl!s Acres EDU's Parcels Dwellinl!s Acres EDU's A 41 -- 150.830 904.980 41 -- 150.830 904.980 B 5,272 7,333 309.038 7,304.846 5,272 7,333 309.038 7,304.846 C 369 369 -- 369.000 369 369 - 369.000 Total: 5,682 7,702 459.868 8,578.826 5,682 7,702 459.868 8,578.826 Service Category Costs by Benefit Area FY 2003-04 FY 2004-05 Arterial & Local Parkway, Arterial & Local Parkway, Benefit Collector Residential Slope & Trail Total to Collector Residential Slope & Trail Total to Area Street Ligbts Ligbting Landscaping Assessment Street Ligbts Ligbting Landscaping Assessment A $8,352 $8,352 $8,507 $8,507 B $67,417 $362,188 $429,606 $68,665 $368,669 $437,334 C $3,406 $8,435 $18,296 $30,136 $3,469 $8,586 $18,623 $30,678 Totals $79 175 $8435 $380 484 $468094 $80641 $8586 $387 292 $476519 r: Itostin IfyO4-O5Ireports\lImdO405. doc B I Harris & Associates City ofTustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 18 ASSESSMENT RATE SUMMARY The tables below summarize the assessment amounts per EDU for each Benefit Area. Service Category and Benefit Area FY 2004-05 ASSESSMENT RATE SUMMARY ACL T - Arterial & Collector Lighting $9.40/ EDU FY 2003-04 FY 2004-05 LRL T - Local Residential Lighting $23.27 I EDU Actual Max. Asmt Rates Actual Total PSTL - Pkwy, Slope & Trail Landscape $50.47 I EDU Asmt Rates (incl. cPI)* Asmt Rates Asmt Benefit Area A (ACLT) $9.23 I EDU $9.40 I EDU $9.40 / EDU $8,507 Benefit Area B (ACLT + PSTL) $58.81 I EDU $59.87 / EDU $59.87 I EDU $437,334 Benefit Area C (ACLT + PSTL + LRLT) $81.67 I EDU $83.14/EDU $83.14 I EDU $30,678 $476,519 . See "Maximum Assessment Rate Calculations" in the Appendix for details on the calculation of the Max. Assessment Rates The base assessment rate which may be levied for each Equivalent Dwelling Unit (EDU) may be increased by the cpr for all Urban Consumers for the Los Angeles, Anaheim, Riverside Area in any calendar year by City Council approval each year. The cpr for Calendar Year 2003 (December 2002 to December 2003) is 1.8%. The proposed assessment rates by land use category for each Benefit Area are shown below. ASSESSMENT RATE SUMMARY BY LAND USE FY 2003-04 FY 2004-05 BENEFIT AREA: A B C A B C ACLT + ACL T + PSTL ACLT + ACLT + PSTL LAND USE ACLT PSTL + LRLT ACLT PSTL + LRLT Single FallÙly Res. ($/Dwelling Unit) $58.81 I DU $81.67 / DU I $59.87 I DU $83.14/DU Multi-fallÙly Res. ($/Dwelling Unit) $44.11 I DO $44.90 I DU Non-Residential ($/ac) $352.86 lac $359.22 lac Non-Res - Tustin Market Place ($/ac) $55.38 lac $56.40 lac Golf Course ($/ac) $235.24 lac $239.48 / ac Vacant and Parks ($/ac) $117.62 lac $119.74 lac I, Joan E. Cox, P.E. the authorized representative of Harris & Associates, the duly appointed Assessment Engineer, am of the opinion that the assessments have been apportioned in accordance with the estimated special benefit derived by each parcel and that the assessments do not exceed the reasonable cost of the proportional special benefit. DATED: March 3, 2004 Harris & Assodates RY~ . N E. COX, P.E. ASSESSMENT ENGfNEER R.CE. No. 41965 r Itus!in 1fy{)4.QS\reports\llmdO40S. doc = I Harris & Associates City of Tustin - landscape and lighting District, FY 2004-05 Engineer's Report March 3, 2004 Page 19 PART E PROPERTY OWNERS LIST The property owner list with the names and addresses of each property owner of each lot or parcel, as shown on the Assessment Diagram referenced in Part F herein, is the list of property owners within the District boundaries as shown on the last equalized roll of the Assessor of the County of Orange and is, by reference, made part of this report. PART F ASSESSMENT DIAGRAM An Assessment Diagram for the District is on file in the office of the City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Orange, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. r: \tustin\fy04~5\reports\lImdO40 5. doc H I Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Appendix Appendix r: Itustin IfyQ4 -O5lreportslllmdO40 5. doc III Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Appendix BUDGET DETAIL FY 2004-05 DISTRICT ANALYSIS WORKSHEET District City's Estimate of Object No. Description Budget ($) Costs ($) Comments Annual Engineer's Report - Dist. Admin.; CoWlty charge of 0.3% for placement on 6018 Architect/Eng Services 12,000 12,000 property I11x bills 6028 Landscape Maintenance 227,700 227,700 Contract - Turf & groundcover maint. 6132 Tree Trirnnùng Contract 90,000 90,000 Contract - approx. 1,500 trces/yr 6220 Street Light Energy 86,600 78,251 Street lights - Arterial & Collector 8,349 Street lights - Local 6335 Electric 12,000 12,000 For irrigation equipment 6350 Water 90,000 90,000 IRWD service areas DISTRICT TOTAL 518,300 518,300 Maximum Assessment Rate Calculations by Consumer Price Index (CPI) increases FY 2004-05 CPI WORKSHEET Benefit Area A Max Actual Base Year cPl Rate ($) Rate ($) FY 1997-1998 7.91 7.91 FY 1998-1999 1.2% 8.00 7.87 FY 1999-2000 2.2% 8.18 8.04 FY 2000-2001 2.8% 8.41 8.04 FY 2001-2002 3.7% 8.72 8.40 FY 2002-2003 2.1% 8.90 8.90 FY 2003-2004 3.7% 9.23 9.23 FY 2004-2005 1.8% 9.40 9.40 Benefit Area B Max Actual cpr Rate ($) Rate ($) 50.38 50.38 1.2% 50.98 50.98 2.2% 52.10 52.10 2.8% 53.56 52.10 3.7% 55.54 55.54 2.1% 56.71 56.71 3.7% 58.81 58.81 1.8% 59.87 59.87 Benefit Area C Max Actual CPI Rate ($) Rate ($) 69.96 69.96 1.2% 70.80 70.27 2.2% 72.36 71.82 2.8% 74.39 71.82 3.7% 77.14 76.38 2.1% 78.76 78.76 3.7% 81.67 81.67 1.8% 83.14 83.14 r:ltustin IfyO4-O5 Ireports IIImdO405 . doc III Harris & Associates City of Tustin - Landscape and Lighting District, FY 2004-05 Engineer's Report March 3, 2004 Appendix Budget & Assessment Comparison FY 2004-05 Budget & Assessment FY 2004-05 BUDGET & ASSESSMENT District Less Projected Reserve Admin. Fund Balance Total to Service Category Budget (50% Max.) (*No. 6018) 6/30/2004 Asmt Arterial and Collector Street Lighting $78,251 $34,067 $1,855 (33,532) $80,641 *Object No. 6220 Local Residential Lighting $8,349 $3,617 $198 (3,578) $8,586 *Object No. 6220 Parkway, Slope and Trail Landscaping $419,700 $ 137,496 $9,947 (179,851) $387,292 *Object Nos. 6028, 6132, 6335, 6350 Totals $506,300 $175,180 $12,000 ($216,961) $476,519 Total to Assessment: $476,519 FY 2003-04 Budget & Assessment District Less Projected Reserve Admin. Fund Balance Total to Service Category Budget (50% Max.) (*No.6018) 6/30/2003 Asmt Arterial and Collector Street Lighting $80,962 $29,178 $1,992 (32,957) $79,175 *Object No. 6220 Local Residential Lighting $8,638 $3,100 $213 ($3,516) $8,435 *Object No. 6220 Parkway, Slope and Trail Landscaping $398,000 $134,703 $9,795 ($162,014) $380,484 *Object Nos. 6028, 6132,6335,6350 Totals $487,600 $166,981 $12,000 ($198,487) $468,094 Total to Assessment: $468,094 IJqh1:i 11 gmaJ19 Landscaj>e District Fund Balance Projection Beginning Fund Balance 06/30/03 Projected Revenues FY 03-04 Projected Expendilures FY 03-04 $266,561.00 Per Finance Dept. $450,000.00 Full Collection per Engineer's Report $499,600.00 per Mid Year budget Projections -------------- - Projected Ending Fund Balance FY 03-04 $216,961.00 rltustinlf)(!4-O5IreportslllmdO405.doc =1 Harrls & Associates CITY OF TUSTIN 03/04/04 LLMD - FY 2004-05 Page 1 GOVERNMENT PARCELS BENEFIT CURRENT FY 2004-05 FY 2003-04 APN AREA LANDUSE ACRES DU'S ASSESSMENT ASSESSMENT OWNER COMMENTS 10429026 B PRK 6.260 $749.57 $736,30 County Of Orange Peters Canyon Park 50020301 B PRK 4.251 $509.02 $500.00 City Of Tustin Camino Real Park 50022107 B PRK 3.600 $431.06 $423.44 City Of Tustin Heritage Park 50022110 B PRK 1.358 $162.61 $159.73 City Of Tustin Heritage Park 50023302 B PRK 3.008 $360.18 $353.80 City Of Tustin Laurel Glen Park 50109316 B SCH 9.901 $3,556.64 $3,493,67 School, Tustin Unified New School 50109501 B PRK 15.275 $1,829.03 $1,796.65 City Of Tustin Park Site 50109508 B PRK 1.260 $150.87 $148.20 City Of Tustin Park Site 50109509 B PRK 0.380 $45.50 $44.69 City Of Tustin Park Site 50111201 B SCH 5.810 $2,087.06 $2,050.12 School, Tustin Unified School 50111205 B PRK 1.800 $215,53 $211.72 City Of Tustin Tustin Sports Park 50111206 B PRK 1.660 $198.77 $195.25 City Of Tustin Tustin Sports Park 50111207 B PRK 0.240 $28.74 $28.23 City Of Tustin Tustin Sports Park 50111208 B PRK 14.230 $1,703.90 $1,673.74 City Of Tustin Tustin Sports Park 50111212 B PRK 0.463 $55.44 $54.46 City Of Tustin Tustin Sports Park 50111213 B SCH 1.297 $465.91 $457.66 School, Tustin Unified School 50111214 B PRK 1.210 $144.89 $142.32 City Of Tustin Tustin Sports Park 50111215 B SCH 0.790 $283.79 $278.76 School, Tustin Unified School 50111216 B PRK 0.450 $53.88 $52,93 City Of Tustin Tustin Sports Park 50111217 B SCH 2.080 $747.18 $733.95 School, Tustin Unified School 50245124 B SCH 3.110 $1,117.17 $1,097.39 Tustin Unified School School 50245125 B PRK 2.070 $247.87 $243.47 City Of Tustin Cedar Grove Park 50245127 B PRK 2.230 $267.02 $262.30 City Of Tustin Cedar Grove Park CITY OF TUSTIN 03/04/04 LLMD - FY 2004-05 Page 2 GOVERNMENT PARCELS BENEFIT CURRENT FY 2004-05 FY 2003-04 APN AREA LANDUSE ACRES DU'S ASSESSMENT ASSESSMENT OWNER COMMENTS 50245128 B SCH 5.070 $1,821.25 $1,789,00 Tustin Unified School School 50245129 B SCH 1.080 $387.96 $381.09 Tustin Unified School School 50245130 B PRK 1.530 $183.20 $179.95 City Of Tustin Cedar Grove Park 50245131 B PRK 3.880 $464.59 $456.36 City Of Tustin Cedar Grove Park 50245132 B SCH 1.100 $395.14 $388.15 Tustin Unified School School 50245313 B C/I 1.250 $449.03 $441.08 City Of Tustin Fire Station 50252107 B SCH 18.335 $6,586.29 $6,469.69 School, Tustin Unified Pioneer Middle School 52502203 B PRK 2.980 $356.82 $350,51 City Of Tustin Future Park 93408075 B MFR 1 $44.90 $44,11 Dept Of Vet Affrs 93428321 B MFR 0.070 1 $44.90 $44.11 Dept Of Vets Affairs The 93444451 B MFR 0.081 1 $44.90 $44.11 Dept Of Vets Affairs Of 93711198 B MFR 1 $44.90 $44.11 Dept Of Vets Affairs Of ,.,...- ---m -""__"'_11 -...---.. 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