HomeMy WebLinkAboutCC RES 23-16__________________
Resolution 23-16
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RESOLUTION NO. 23-16
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 2023-2024
WHEREAS, by Resolution No. 23-05, the City Council initiated proceedings for the
2023-2024 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 2023-2024” prepared by the Engineer, Harris & Associates, dated
April 19, 2023, 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 2nd day of May, 2023.
AUSTIN LUMBARD,
Mayor
ATTEST:
____________________________
ERICA N. YASUDA,
City Clerk
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Resolution 23-16
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing Resolution No. 23-16 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 2nd day of May, 2023 by
the following vote:
COUNCILMEMBER AYES: Lumbard, Gallagher, Gomez, (3)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
COUNCILMEMBER RECUSED: Clark, Schnell (2)
____________________________
ERICA N. YASUDA,
City Clerk
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Engineer's Report
Tustin Landscape and Lighting District
Fiscal Year 2023-24
April 19, 2023
Prepared for:
r
City of Tustin
300 Centennial Way
Tustin, CA 92780
Prepared by:
Harris & Associates
101 Progress, Suite 250
Irvine, California 92618
(949) 655-3900
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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: April 19, 2023
Q ELOFF-SSI
'go F Harris & Associates
a NO. C61383 �
crv111- ���� BY: Alison Bouley, E.
OF cw-�F° R.C.E. No. C61383
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 , 2023.
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 , 2023.
, City Clerk,
City of Tustin
Orange County, California
By
City of Tustin i April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
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Table of Contents
Introduction...............................................................................................................................1
Report....................................................................................................................................3
Section 1 Plans and Specifications.......................................................................1-1
Section 2 Estimate of Costs...................................................................................2-1
Section 3 Assessment Roll ....................................................................................3-1
Section 4 Method of Apportionment of Assessment ...........................................4-1
Section 5 Property Owner List...............................................................................5-1
Section 6 Assessment Diagram.............................................................................6-1
Appendices
Appendix A: Budget Detail / Maximum Assessment Rate Calculations
Appendix B: Cost &Assessment Comparison
Appendix C: Government Parcels
Appendix D: District Maps
Preliminary Assessment Roll (under separate cover)
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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 2023-24 fiscal year.
The District was formed on July 15, 1985 to install and maintain certain street lighting and
landscaping in the area bounded by Browning Avenue, Irvine Boulevard, Jamboree Road
(formerly Myford Road) and the I-5 Freeway within the City of Tustin. Assessments for the
benefiting property were confirmed for the first fiscal year, 1985-86, and each fiscal year
thereafter. As property developed in the Tustin Ranch area, such development was required to
annex to the District. 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.
Annual landscape rehabilitation projects have occurred every year since 2009 to improve the
aesthetics of The District and ensure the landscaping meets the expectations of property owners.
The rise in annual service costs has significantly outpaced the rise in annual district revenue
resulting in the planned use of funds from the Reassessment District No. 95-1("RAD 95-1").
RAD 95-1 no longer has sufficient funds to cover the annual landscape rehabilitation projects. In
2021, proceedings were initiated to revise the assessments in order to cover ensure the additional
expense of ongoing plant replacement and irrigation repairs. A Public Hearing was conducted,
ballots were tabulated and there was a majority protest which did not allow for any changes to
the current assessment methodology. As a result, the assessment methodology has remained the
same and landscape maintenance levels have been reduced.
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.
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Scope of Report
This report covers the levy of annual assessments for the 2023-24 fiscal year, based on the
methodology adopted by the City Council in the 1997-98 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, Long Beach, Anaheim 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 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, Long Beach and
Anaheim areas (Los Angeles-Long Beach-Anaheim11, CA, CPI-U)in any calendar year. The CPI
for Calendar Year 2022 (December 2021 to December 2022)is 4.9%. 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.
' (CPI-U) Los Angeles-Anaheim-Riverside was used prior to December 2017 when the Inland Empire was split off to become a
new CPI reporting area and Long Beach replaced Riverside in the name for the remaining CPI reporting area.
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Report
CITY OF TUSTIN
FISCAL YEAR 2023-24
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, Alison Bouley, 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:
SECTION 1
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.
SECTION 2
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.
SECTION 3
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.
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SECTION 4
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.
SECTION 5
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.
SECTION 6
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.
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Section 1 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 2023-24
The existing facilities to be maintained and serviced include street lighting and arterial
landscaping as described herein.
LIGHTING
In 2018, the City purchased all the street lights from Edison and converted them from High
Pressure Sodium Vapor to Light Emitting Diode (LED). The purchase and LED Conversion was
funded through the City's General Fund and Street Lighting Fund.
The street lighting system in the District consists of 760 lights. A summary by type and size
follows:
No. Size of Lumens Type of Light
386 6,550 Light Emitting Diode
374 2,900 Light Emitting Diode
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 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 I-5 Freeway and
Jamboree Road, excepting that portion between the northerly boundary of Tract No.
16782 (-350 feet northerly of Rawlings Way) and Portola Parkway
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• 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 Citrus Ranch Park site at Tustin Ranch Road
and Portola Parkway
• The southerly side of Irvine Boulevard between the westerly boundary of Tract No.
13053 and the easterly boundary of Tract No. 13038 (±630 feet easterly of Myford Road)
• The northerly side of Irvine Boulevard between the westerly City limits and Jamboree
Road
• The westerly side of Jamboree Road from Bryan Avenue northerly 1,100 feet to the
northerly boundary of Tract No. 13030
• The westerly side of Jamboree Road between Irvine Boulevard and the northerly City
limits, except that portion adjacent to the Tustin Sports Park
• The slopes on the westerly side of Jamboree Road between the northerly City limits and
600 feet southerly
• The slopes 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
• Equestrian/Hiking Trail between Tustin Ranch Road/Portola Parkway and Peters Canyon
Regional Park
• Paseo for public access between Jamboree Road and Pioneer Road adjacent to Tract
Numbers 14366 and 14576
The total landscaped area is approximately 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:
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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.
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.
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Section 2 Estimate of Costs
The City's budget for the maintenance and service costs, shown below, details the estimated
costs and fund balances for Fiscal Year 2023-24 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.
FY 2023-24 BUDGET&ASSESSMENT
District Less Projected General
Reserve Admin. Fund Balance Benefit Total to
Service Category Budget (50%Max.) (*No.6018) 6/30/2023 Contribution Asmt
Arterial and Collector Street Lighting $48,000 $0 $815 $0 ($13,198) $35,617
*Object No.6220
Local Residential Lighting $7,000 $0 $119 $0 $0 $7,119
*Object No.6220
Parkway,Slope and Trail Landscaping $787,704 $0 $13,367 $0 ($63,480) $737,591
*Object Nos.6028,6132,6335,6350
Totals I S842,704 I $0 1 S14,301 I SO I (S76,678) S780,327
Total to Assessment: S780,327
*For descriptions of the object numbers,refer to the'Budget Detail'table in the Appendix.
Note: District Administration Costs are prorated based on the Budget Amounts and include Orange County's
charge of 0.3%of the assessment for placement and collection on the property tax roll.
The District Administration has been prorated based on the budget amounts.
The Total to Assessment shows the total amount that can be spread to the parcels within the
district.
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 4-7 of this report.
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Section 3 Assessment Roll
The Assessment Roll is a listing of the proposed assessment and the amount of assessment for
Fiscal Year 2023-24 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.
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Section 4 Method of Apportionment of Assessment
GENERAL
The 1972 Act permits the establishment of assessment districts by cities for the purpose of
providing certain public improvements which include the construction, maintenance and
servicing of street lights, traffic signals and landscaping facilities.
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 formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be received by each
such lot or parcel from the improvements.
The 1972 Act permits the designation of 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.
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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.
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 dwelling unit, including vacant subdivided residential lots and vacant land
zoned for single family residential uses with a tentative or final tract map.
Multiple Family Residential. Multiple-residential (including condominiums)land use
equivalencies are determined based on the number of dwelling units on each parcel. Due
to population density and size of structure relative to the typical single family residence,
each dwelling unit defined as multi-family residential, including condominiums, would
be 0.75 EDU.
The EDU's assigned to a multiple-residential parcel are calculated by multiplying the
number of dwelling units by the EDU factor of 0.75. This includes vacant multi-family
residential parcels zoned for multiple-residential uses with a tentative or final tract map.
Non-Residential. In converting non-residential properties to 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
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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. At the time
the district was formed, there were 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. Therefore, 6.26 acres have been used to
estimate the relative benefit Peters Canyon Regional Park receives.
Golf Course Property. Golf Course parcels containing the clubhouse are considered
developed commercial property and therefore assigned 6 EDU's per acre. The Golf
Course parcels that contain the course greens are also considered 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.
Public Property. Article X11ID 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
Single Family Res. (SFR) 1 D.U. x 1.00 = 1 EDU/DU
Multi-family Res. (including Condos) 1 D.U. x 0.75 = 0.75 EDU/DU
Commercial/Industrial and other
Non-Residential(including Schools) 1 Acre x 6.00 = 6.0 EDU/ac
Vacant(including Parks) 1 Acre x 2.00 = 2.0 EDU/ac
Golf Courses-Greens 1 Acre x 4.00 = 4.0 EDU/ac
City of Tustin 4-3 April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
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.
SPECIAL BENEFITS OF STREET LIGHTING
Security and Safety Community Character and Vitality
• Mitigates crime • Promotes social interaction
• Alleviates the fear of crime • Promotes business and industry
• Enhances pedestrian safety • 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
covered by this District was not a part of this Ad Valorem Maintenance District. Therefore, in
1985, to fund the public street lights in the developing area, 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.
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.
The portion of the arterial lighting above what is required to illuminate a typical residential
neighborhood is for vehicular traffic and is a general benefit. The typical local light is 2,900
lumens whereas the arterial light is 6,550 lumens, therefore 55.73% of the arterial light cost is
general benefit and the remaining 44.27%is special benefit, representing the local lighting
portion of the arterial lights.
Lighting at intersections, which is defined as safety lighting, is considered to be the minimum
lighting requirement for vehicular safety; therefore, safety lighting represents the general benefit
portion of street lighting and is not assessed. Traffic Signals are also considered to provide a
general benefit and are not assessed.
Street lights which are not adjacent to the development in the District are deemed not to benefit
the area. Street lights on the east side of Jamboree Road, north of the I-5 Freeway, which
City of Tustin 4-4 April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
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 2022-23 FY 2023-24
By Land Use Parcels Dwellings Acres EDU's Parcels Dwellings Acres EDU's
Single Family Res. 2,626 2,626 2,626.000 2,626 2,626 2,626.000
Multi-family Res. 2,974 5,100 3,825.000 2,974 5,100 3,825.000
Non-Residential 60 184.487 1,106.922 60 184.487 1,106.922
Schools 10 48.573 291.438 10 48.573 291.438
Vacant 0 0.000 0.000 0 0.000 0.000
Parks 22 72.135 144.270 22 72.135 144.270
Golf Course 1 12 151.991 607.9641 12 151.991 607.964
Total: 1 5,704 7,726 457.186 8,601.5941 5,704 7,726 457.186 8,601.594
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 ninety-
one local residential street lights. The cost for these lights is assessed only to these benefiting
parcels.
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 Family 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
determined exactly.... Indeed, in most cases where public money has been spent for
parkways the assumption has been definitely made that the proposed parkway will show
City of Tustin 4-5 April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
a provable financial profit to the City. It has been believed that the establishment of
parkways causes a rise in real estate values throughout the City, or in parts of the City, ...
It should be noted that the definition of"parkways" above may include the roadway as well as
the landscaping alongside the roadway.
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, linked with
the regional trail system, is landscaped and beautified by the District. The landscape
improvements along the arterial and collector streets, in the parkways and slopes, and the
regional trail enhance the beauty of the area and benefit all parcels in the community.
Excepted from this landscaping benefit 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.
Slopes along the easterly side of Jamboree Road are considered general benefit and reflect 8.1%
of the total landscaping maintained in the district(4.11 AG51 AC).
The following table shows the number of parcels, dwellings, acres and EDUs for each land use
type that receive this benefit.
City of Tustin 4-6 April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
Landscaped Parkway,Slope&Trail Benefit
FY 2022-23 FY 2023-24
By Land Use Parcels Dwellings Acres EDU's Parcels Dwellings Acres EDU's
Single Family Res. 2,626 2,626 2,626.000 2,626 2,626 2,626.000
Multi-family Res. 2,974 5,100 3,825.000 2,974 5,100 3,825.000
Non-Residential 19 0 32.624 195.744 19 0 32.624 195.744
Schools 10 0 48.573 291.438 10 0 48.573 291.438
Vacant 0 0 0.000 0.000 0 0 0.000 0.000
Parks 22 0 72.135 144.270 22 0 72.135 144.270
Golf Course 1 12 0 151.991 607.964 1 12 0 151.991 607.964
Total: 1 5,663 7,726 305.323 7,690.416 1 5,663 7,726 305.323 7,690.416
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 table provide a summary of parcels, dwellings, acres and EDU's by Benefit Area
for the District.
FY 2022-23 FY 2023-24
By Benefit Area Parcels Dwellings Acres EDU's Parcels Dwellings Acres EDU's
A 41 -- 151.863 911.178 41 -- 151.863 911.178
B 5,294 7,357 305.323 7,321.416 5,294 7,357 305.323 7,321.416
C 1 369 369 0.000 369.0001 369 369 0.000 369.000
Total: 1 5,704 7,726 457.186 8,601.594 1 5,704 7,726 457.186 8,601.594
The Service Category Costs are based on the EDU's and rates for each Benefit Area. The Special
Benefit Costs broken out by Benefit Area and Service Category is shown in the following table.
Special Benefit Costs Breakdown
FY 2022-23 FY 2023-24
Local Portion Local Portion
of Arterial& Local Parkway, of Arterial& Local Parkway,
Benefit Collector Residential Slope&Trail Collector Residential Slope&Trail
Area Street Lights Lighting Landscaping Total Street Lights Lighting Landscaping Total
A $3,776 $3,776 $3,773 $3,773
B $30,344 $667,974 $698,318 $30,316 $702,200 $732,516
C $1,530 $7,124 $33,666 $42,320 $1,528 $7,119 $35,391 $44,038
Totals $35,650 $7,124 $701,640 $744,414 $35,617 $7,119 $737,591 $780,327
City of Tustin 4-7 April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
Note: FY 2023-24 totals may differ from the budgeted totals for each category due to rounding
of the assessments.
ASSESSMENT RATE SUMMARY
The table below summarize the calculated service amounts per EDU for each Service Category
in order to recover the full costs.
Cost of FY 2023-24
Service Category Service EDU's Service Costs
ACLT -Arterial&Collector Lighting $35,617 8601.594 $4.14 /EDU
LRLT -Local Residential Lighting $7,119 369.000 $19.29 /EDU
PSTL -Pkwy, Slope& Trail Landscape $737,591 7690.416 1 $95.91 /EDU
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, Long Beach and Anaheim
areas (Los Angeles-Long Beach-Anaheim, CA, CPI-U)in any calendar year by City Council
approval each year. The CPI change for Calendar Year 2022 (December 2021 to December
2022)is 4.9%.
As discussed previously, each benefit area assessment rate is a combination of the service
category cost per EDU. The maximum assessment rates per benefit area are fixed rates that
increase based on CPI. The proposed assessed rates for each Benefit Area are equal to or less
than the maximum allowable rates.
The following table summarizes the calculated assessment rates and the maximum assessment
rates for each Benefit Area.
ASSESSMENT RATE SUMMARY
FY 2022-23 FY 2023-24
Actual Asmt Calculated Max.Asmt Rates Actual Asmt Total from
Benefit Area Rates Service Costs (incl.CPI)* Rates Asmt
Benefit Area A (ACLT) $4.14/EDU $4.14 /EDU $15.70/EDU $4.14/EDU $3,773
Benefit Area B (ACLT+PSTL) S95.38/EDU $100.05 /EDU $100.05 /EDU $100.05/EDU $732,516
Benefit Area C (ACLT+PSTL+LRLT) Sl l4.69/EDU $l l9.34 /EDU $138.97/EDU 1 $119.34/EDU 1 $44,038
$780,327
*See"Maximum Assessment Rate Calculations"in the Appendix for details on the calculation of the Max.Assessment Rates
Previously, cost of services for Benefit Areas B and C exceeded the amount generated at the
maximum allowable rate for these Benefit Areas. Therefore, historically an additional City
contribution is required to cover the deficit for the PSTL service category. Since FY 2022-23, the
City reduced their landscape maintenance budget and no additional City contribution amounts
will be required.
City of Tustin 4-8 April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
Additional City
Special Benefit Total Assessment Contribution
Cost for Service to be Collected Required
Benefit Area A(ACLT) $3,773 $3,773 $0
Benefit Area B(ACLT+PSTL) $732,516 $732,516 $0
Benefit Area C(ACLT+PSTL+LRLT) $44,038 $44,038 $0
$780,327 $780,327 $0
The proposed assessment rates by land use category for each Benefit Area are shown below.
ASSESSMENT RATE SUMMARY BY LAND USE
FY 2022-23 FY 2023-24
BENEFIT AREA: A B C A B C
ACLT+ ACLT+PSTL ACLT+ ACLT+PST
LAND USE ACLT PSTL +LRLT ACLT PSTL +LRLT
Single Family Res.($/Dwelling Unit) $95.38/DU $114.69/DU $100.05 /DU $119.34 /DU
Multi-family Res.($/Dwelling Unit) $71.54 /DU $75.04 /DU
Non-Residential($/ac) $572.28/ac $600.30/ac
Non-Res-Tustin Market Place($/ac) $24.84 /ac $24.84 /ac
Golf Course($/ac) $381.52/ac $400.20/ac
Vacant and Parks($/ac) $190.76 /ac $200.10/ac
City of Tustin 4-9 April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
I, Alison Bouley, 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, per the assessment
apportionment methodology approved by the City Council and the property owners within the
assessment district via a property owner balloting proceeding in 1997 per the provisions of
Article XIIID of the California Constitution.
DATED: April 19, 2023 Harris & Associates
OFEss1�
M. so(/ �
XL-4v,—,
NO. C613a3 ;v By:
* * Alison Bouley, P.E.
CIVI%- ��� ASSESSMENT ENGINEER
OF C�-�� R.C.E. No. C61383
City of Tustin 4-10 April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
Section 5 Property Owner 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.
City of Tustin 5-1 April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
Section 6 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.
City of Tustin April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
Appendix A: Budget Detail / Maximum Assessment Rate Calculations
City of Tustin April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
FY 2023-24
DISTRICT ANALYSIS WORKSHEET
District
City's Estimate of
Object No. Description Budget(S) Costs(S) Comments
6018 Architect/Eng Services 14,300 12,000 Annual Engineer's Report-Dist.Admin.
2,300 County charge of 0.3%for placement on property
tax bills
6028 Landscape Maintenance 541,860 541,860 Contract-Maintenance&Rehab Projects
6132 Tree Trimming Contract 100,000 100,000 Contract-approx. 1,500 trees/yr
6220 Street Light Energy 55,000 48,000 Street lights-Arterial&Collector
7,000 Street lights-Local
6335 Electric 15,000 15,000 For irrigation equipment
6350 Water 1 130,844 1 130,844 1 IRWD service areas
DISTRICT TOTAL 1 857,004 1 857,004
Maximum Assessment Rate Calculations
by Consumer Price Index(CPI)increases
FY 2023.24 CPI WORKSHEET
Benefit Area A Benefit Area B Benefit Area C
Max Actual Max Actual Max Actual
Base Year CPI Rate($) Rate($) CPI Rate($) Rate($) CPI Rate ($) Rate ($)
FY 1997-1998 7.91 7.91 50.38 50.38 69.96 69.96
FY 1998-1999 1.2% 8.00 7.87 1.2% 50.98 50.98 1.2% 70.80 70.27
FY 1999-2000 2.2% 8.18 8.04 2.2% 52.10 52.10 2.2% 72.36 71.82
FY 2000-2001 2.8% 8.41 8.04 2.8% 53.56 52.10 2.8% 74.39 71.82
FY 2001-2002 3.7% 8.72 8.40 3.7% 55.54 55.54 3.7% 77.14 76.38
FY 2002-2003 2.1% 8.90 8.90 2.1% 56.71 56.71 2.1% 78.76 78.76
FY 2003-2004 3.7% 9.23 9.23 3.7% 58.81 58.81 3.7% 81.67 81.67
FY 2004-2005 1.8% 9.40 9.40 1.8% 59.87 59.87 1.8% 83.14 83.14
FY 2005-2006 4.4% 9.81 9.81 4.4% 62.50 62.50 4.4% 86.80 86.80
FY 2006-2007 4.5% 10.25 10.25 4.5% 65.31 65.31 4.5% 90.71 90.71
FY 2007-2008 3.3% 10.59 9.79 3.3% 67.47 67.47 3.3% 93.70 93.70
FY 2008-2009 4.2% 11.03 10.82 4.2% 70.30 70.30 4.2% 97.64 97.18
FY 2009-2010 0.1% 11.041 11.04 0.1% 70.37 70.371 0.1% 97.74 97.74
FY 2010-2011 1.8% 11.24 11.24 1.8% 71.64 71.64 1.8% 99.50 99.50
FY 2011-2012 1.3% 11.39 11.39 1.3% 72.57 72.57 1.3% 100.79 100.79
FY 2012-2013 2.2% 11.64 8.29 2.2% 74.17 64.89 2.2% 103.01 103.01
FY 2013-2014 1.9% 11.86 8.29 1.9% 75.58 66.85 1.9% 104.97 104.97
FY 2014-2015 1.1% 11.99 8.29 1.1% 76.41 68.03 1.1% 106.12 106.12
FY 2015-2016 0.7% 12.07 8.52 0.7% 76.941 76.94 0.7% 106.86 106.86
FY 2016-2017 2.0% 12.31 8.92 2.0% 78.48 78.48 2.0% 109.00 109.00
FY 2017-2018 2.0% 12.56 9.34 2.0% 80.05 80.05 2.0% 111.18 111.18
FY 2018-2019 3.6% 13.01 9.34 3.6% 82.93 82.93 3.6% 115.18 115.18
FY 2019-2020 3.2% 13.431 4.11 3.2% 85.58 85.58 3.2% 118.87 118.87
FY 2020-2021 3.0% 13.831 4.88 3.0% 88.15 88.151 3.0% 122.44 122.44
FY 2021-2022 1.5% 14.04 4.11 1.5% 89.47 89.47 1.5% 124.28 124.28
FY 2022-2023 6.6% 14.97 4.14 6.6% 95.38 ;95.38 6.6% 132.48 114.69
FY 2023-2024 4.9% 15.70 4.14 4.9% 100.05 10.05 4.9% 1 138.971 119.34
City of Tustin April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
Appendix B: Cost & Assessment Comparison
City of Tustin April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
FY 2023-24 Cost & Assessment
FY 2023-24 COSTS, CONTRIBUTIONS & ASSESSMENTS
Total Cost General Benefit Additional City Total from
Service Category of Service Contribution Contribution Assessment
Arterial and Collector Street Lighting $48,815 $13,198 $0 $35,617
Local Residential Lighting $7,119 $0 $0 $7,119
Parkway,Slope and Trail Landscaping $801,070 $63,480 $0 $737,590
$857,004 $76,678 $0 $780,326
FY 2022-23 Cost & Assessment
(from previous year)
FY 2022-23 COSTS, CONTRIBUTIONS & ASSESSMENTS
Total Cost General Benefit Additional City Total from
Service Category of Service Contribution Contribution Assessment
Arterial and Collector Street Lighting $48,848 $13,198 $0 $35,650
Local Residential Lighting $7,124 $0 $0 $7,124
Parkway,Slope and Trail Landscaping �-4817,953
761,981 $60,341 $0 $701,640
$73,539 $0 $744,414
Lighting and Landscape District Fund Balance Projection
Landscape and Lighting District Fund Balance Projection
Beginning Fund Balance,7/01/2022 $0 per Mid Year Budget
Projected Expenditures,FY 2022-23 $823,800 *per Mid Year Budget Projections
Projected Revenues,FY 2022-23 $744,000 Projected annual Assessment District Revenues
Projected Contribution to make budget whole $79,800 *Projected contribution from RAD 95-1 Construction Fund and
City Contribution
Projected Ending Fund Balance,6/30/2023 $0
*amounts provided by the City
City of Tustin April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621 FA
Appendix C: Government Parcels
City of Tustin April 19, 2023
Landscape and Lighting District, FY2023-24
Engineer's Report
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