Hemet City Council
December 13, 2022

21.E

PURCHASE AGREEMENT

Seller’s Initials: _____

Buyer’s Initials: _____

Tax Reform Act of 1984 and California Revenue and Taxation Code Section 18662; and (b) upon request of the other party, to furnish that party with evidence of such compliance.

14.6 Time Calculations. References to time periods in days shall mean and refer to calendar days. Should the calculation of any of the various time periods provided for herein result in an obligation becoming due on a Saturday, Sunday or legal holiday, then the due date of such obligation or scheduled time of occurrence of such event shall be delayed until the next business day.

14.7 Entire Agreement. This Agreement embodies the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties concerning the Property.

14.8 Applicable Law. This Agreement shall be construed and interpreted in accordance with the laws of the state where the Property is located.

14.9 Amendments. This Agreement may be varied, modified, amended or altered only by a written agreement signed by both Seller and Buyer.

14.10 Severability. If any portion of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

14.11 Further Assurances. Seller and Buyer agree to execute all documents and instruments reasonably required in order to consummate the purchase and sale herein contemplated. Seller will, whenever and as often as it shall be requested so to do by Buyer, and Buyer will, whenever and as often as it shall be requested so to do by Seller, execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, any and all such further conveyances, assignment s, confirmations, satisfactions, releases, instruments of further assurances, applications, approvals, consents, and any and all such further instruments and documents as may be reasonably necessary, expedient or proper in order to complete any and all con veyances, transfers, sales and assignments herein provided, and to do any and all other acts and to execute, acknowledge and deliver any and all documents as so reasonably requested in order to carry out the intent and purpose of this Agreement.

14.12 Counterpart Execution. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which together shall constitute one document.

14.13 Gender and Number. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires.

14.14 Section Headings . The section headings contained in this Agreemen t are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several sections hereof.

14.15 Exhibits Incorporated by Reference . All exhibits attached to this Agreement are incorporated into this Agreement by reference.

14.16 Indemnification by Seller. Seller shall indemnify, defend and hold Buyer, its partners, directors, officers, employees and agents, harmless from all loss, expense (including reasonable attorneys’ fees), damage and liability resulting fro m (i) claims of mechanics, material and pc

21.E

PURCHASE AGREEMENT

Seller’s Initials: _____

Buyer’s Initials: _____

men based on work performed on or contracted for the Property prior to the Closing Date (except for work performed by Buyer or contracted for by Buyer) and (ii) claims for personal injury, wrongful death, property damage or other tort claims against the Property or Buyer based on events occurring and/or causes of action arising prior to the Close of Escrow (except claims resulting solely from Buyer’s acts). Seller’s indemnification obligations arising out of the brea ch of any of Seller’s representations or warranties shall survive the Close of Escrow.

14.17 No Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise hereunder. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or identical act required to be perform ed at a later time. The exercise of any remedy provided by law and the provisions of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded.

14.18 Memorandum. Buyer shall have the right, at its sol e discretion, to record a Memorandum of Purchase Agreement with the recorder’s office the County where the Property is located after the Effective Date detailing the existence of this Agreement . Buyer will draft said Memorandum and Seller agrees to allow Buyer to record said Memorandum with the County Recorder.

Buyer shall pay for any expenses associated with the drafting and recording of said Memorandum. If Buyer elects to record a Memorandum, Buyer shall concurrently deliver to Escrow a Quitclaim Deed of such Memorandum in a recordable notarized form which shall be recorded if Buyer elects not to purchase the Property.

14.19 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Seller and Buyer.

14.20 INDEPENDENT COUNSEL. EACH PARTY TO THIS AGREEMENT ADMITS,

ACKNOWLEDGES AND REPRESENTS THAT THEY HAVE HAD THE OPPORTUNITY TO

CONSULT WITH AND BE REPRESENTED BY INDEPENDENT COUNSEL OF SUCH PARTIES’ CHOICE IN CONNECTION WITH THE NEGOTIATION, EXECUTION AND AMENDMENT OF THIS AGRE EMENT. EACH PARTY FURTHER ADMITS,

ACKNOWLEDGES AND REPRESENTS THAT THEY HAVE NOT RELIED ON ANY

REPRESENTATION OR STATEMENT MADE BY ANY OF THE ATTORNEYS AND

REPRESENTATIVES OF THE OTHER PARTY WITH REGARD TO THE SUBJECT MATTER, BASIS, OR EFFECT OF THIS AGREEMENT.

IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the date first above written.

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21.E

PURCHASE AGREEMENT

Seller’s Initials: _____

Buyer’s Initials: _____

"Seller"

CITY OF HEMET, a California municipal
corporation

By: ___________________________

Name: Edward Pust

Its: Interim City Manager
"Buyer"

SAGE STETSON HEMET LLC a California
limited liability company

By: ___________________________

Name: Patrick Charriou

Its: Manager

Date: _________________________ Date: _________________________

11/3/2022
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21.E

EXHIBIT “A”

TO PURCHASE AGREEMENT
Page A-1

Seller’s Initials: _____

Buyer’s Initials: _____

(To be provided)

EXHIBIT "A"
Legal Description of Land

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21.E

EXHIBIT “A-1”

TO PURCHASE AGREEMENT
Page A-2

Seller’s Initials: _____

Buyer’s Initials: _____

Exhibit “A-1”
Preliminary Site Plan

21.E

EXHIBIT “B”

TO PURCHASE AGREEMENT
Page B-1

Seller’s Initials: _____

Buyer’s Initials: _____

BILL OF SALE AND ASSIGNMENT AGREEMENT

This Bill of Sale and Assignment Agreement (the "Agreement”) is entered into this ____ day of ____________, ______, by and between the CITY OF HEMET, a California municipal corporation (the "Assignor"), and SAGE STETSON HEMET LLC a California limited liability company (the "Assignee") or assignee, with reference to the following facts:

R E C I T A L S

A. Assignor and Assignee are parties to a written Agreement for Purchase and Sale and Escrow Instructions, dated as of _________ ___ ___, _____ (the “ Purchase Agreement”), for the purchase and sale of the land and improvements located at (insert address), in the City of Hemet, State of California (the “Real Property”).

B. Pursuant to Sections 6.1.1(c) and 6.1.2(a) of the Purchase Agreement, Assignor and Assignee desire to enter into an agreement for the assignment by Assignor of certain rights of Assignor with respect to the Property and the assumption by Assignee of certain obligations of Assignor as of the Closing Date (as defined in Section 5.4.3 of the Purchase Agreement).

NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the adequacy, receipt and sufficiency of which is hereby acknowledged, Assignor and Assignee do hereby agree as follows:

A G R E E M E N T

1. Assignment. Assignor hereby assigns, transfers and conveys to Assignee, all right, title and interest of Assignor in and to:

1.1 All Intangible Property (as defined in the Purchase Agr eement) used in connection with the operation, ownership, maintenance, management, occupancy or improvement of the Real Property or any portion thereof.

1.2 All right, title and interest of Seller in any Planning Approvals (as defined in the Purchase Agreement) and Applications (as defined in the Purchase Agreement) for Planning Approvals that were filed pursuant to Section 3.3.3 of the Purchase Agreement.

2. Contingent Upon Recordation of Deed . Notwithstanding anything to the contrary contained herein, this Agreement shall be effective only upon the proper recordation of the Grant Deed (as defined in the Purchase Agreement) from Assignor to Assignee.

3. Successors and Assigns . This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto.

EXHIBIT "B"
Form of Bill of Sale and Assignment Agreement

21.E

EXHIBIT “B”

TO PURCHASE AGREEMENT
Page B-2

Seller’s Initials: _____

Buyer’s Initials: _____

IN WITNESS WHEREOF, Assignor and Assignee have executed this Agreement as of date first written above.

"Assignor"

"Assignee"

CITY OF HEMET, a California municipal
corporation

By: ___________________________

Name: Edward Pust

Its: Interim City Manager

SAGE STETSON HEMET LLC a California limited
liability company

By: ___________________________

Name: Patrick Charriou

Its: Manager

21.E

EXHIBIT “C”

TO PURCHASE AGREEMENT
Page C-1

Seller’s Initials: _____

Buyer’s Initials: _____

Exhibit “C”
Assignment of Leases

21.E

EXHIBIT “D”

TO PURCHASE AGREEMENT
Page D-1

Seller’s Initials: _____

Buyer’s Initials: _____

The undersigned, is the tenant ("Tenant") under that certain lease (the "Lease") dated _______________________, with the City of Hemet , a California municipal corporation ("Landlord"), for certain premises ("Premises") located at (insert address) in the City of Hemet, State of California. The undersigned understands that SAGE STETSON HEMET LLC a California limited liability company (“Sage”) has offered or committed to enter into a transaction with Landlord and that Sage has requested this certificate (this "Certificate") from the undersigned as a condition precedent to the consummation of such transaction and will therefore be relying upon the representations and warranties contained herein.

The undersigned hereby states, declares, represents, warrants and certifies as follows:

1. A copy of the Lease (including all Amendments, Addendums and Attachments) attached hereto as Exhibit C is a true and correct copy of the Lease and constitutes the onl y agreement between Landlord and Tenant with respect to the leased Premises.

2. The Lease (including all exhibits) is in full force and effect, has not been terminated, and is enforceable in accordance with its terms.

3. The Lease has not been modified, amended, supplemented or changed in any way, except as follows: (if none, state none).

4. The Lease constitutes the entire agreement between Landlord and Tenant for the Premises, and there are no other agreements, written or oral, between Landlord and Tenant relating to the Premises.

5. Tenant has accepted possession of the Premises demised under the Lease and all items required to be performed by Landlord under the terms of the Lease, including construction of all improvements required therein, have been completed by Landlord within the time periods set forth in the Lease, and all required contributions by Landlord to Tenant on account of Tenant's improvements to the Premises have been paid in full.

6. The term ("Term") of the Lease commenced on ________________ and full rental is currently accruing thereunder. The Term shall expire on ____________________. There are ___________ options to extend the Term for periods of ________months each.

7. Neither Tenant nor Landlord has begun any action, or given or received any notice for the purpose of termination of the Lease.

8. Tenant is currently paying monthly rent under the Lease in the amount of per month ("Base Rent").

Exhibit “D”
Tenant’s Estoppel Certificate

21.E

EXHIBIT “D”

TO PURCHASE AGREEMENT
Page D-2

Seller’s Initials: _____

Buyer’s Initials: _____

9. The Base Rent under the Lease is current as of _____________________, 2022.

The next payment of Base Rent is due on ______________________, 2022. There is a past - due charges payable to Landlord by Tenant in the amount of $ _______________________ (If none write “none” or “0”.

10. No Base Rent or other charges have been paid more than thirty (30) days in advance of its due date.

11. Tenant is currently paying percentage rent (if any) u nder the Lease in the amount of per month ("Percentage Rent").

12. Tenant is currently paying additional rent under the Lease for Tenant's share of common area expenses, taxes and insurance in the amount of _______________________ ("Additional Rent") per month.

13. The amount of Tenant's security deposit held by Landlord under the Lease is _________("Security Deposit").

14. No default or event that, with the giving of notice or the passage of time, or both, would constitute a default on the part of the undersigned exists under the Lease, nor is the undersigned (to the best of its knowledge) awar e of any default or event that with the passing of time or the giving of notice, or both, would constitute a default on the part of Landlord under the Lease.

15. The undersigned has not received notice of any assignment, hypothecation, mortgage or pledge of Landlord's interest in the Lease or of any rents or other amounts due thereunder.

16. There is no period of free rent, rental abatement or reduction, except as set forth in the Lease, and Landlord has not given or conceded to Tenant any other concess ions, abatements or compromises with respect to the rental obligations under the Lease.

17. There are no offsets or credits against or defenses to payment of any monetary obligations payable under the Lease.

18. The Lease does not contain, and Tenant d oes not have, any options or rights, including, without limitation, option to extend the Term or expand the Premises, rights of first offer or refusal (or other rights) to purchase the Premises or any part thereof or all or any part of the real property of which the Premises are a part.

19. No actions, whether voluntary or otherwise, are pending against Tenant under the bankruptcy laws of the United States or any state thereof.

21.E

EXHIBIT “D”

TO PURCHASE AGREEMENT
Page D-3

Seller’s Initials: _____

Buyer’s Initials: _____

20. Tenant has not assigned, sublet or otherwise transferred Tenant's intere st in the Lease or the Premises to any party.

21. To the best of Tenant's knowledge, the use, maintenance and operation of the Premises currently complies with all applicable federal, state, county or local statutes, laws, rules and regulations, including those relating to environmental, health or safety matters.

22. Tenant has not received notice of any alleged violation of any law governing the use or operation of the Premises and no outstanding writs, injunctions, decrees, order s or judgments are pending, or to the best of Tenant's knowledge, threatened, concerning the use, maintenance or operations of the Premises by Tenant, nor is the Tenant aware of the basis for any such proceeding.

23. The undersigned is authorized to execute this Certificate on behalf of Tenant.

24. This Certificate and the Lease are legal, valid, binding and enforceable obligations of Tenant.

Tenant executes this Certificate with the understanding that Landlord is contemplating selling the Premises, a nd Landlord, Sage, and their respective successors and assigns (including any mortgagee or beneficiary under a deed of trust or mortgage) will rely on this Certificate.

Dated: _________________________ TENANT:

_________________________________
a________________________________

By: ______________________________
Name: ____________________________
Title: _____________________________

21.E

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Declaring its Intention to Form the City of Hemet Landscape Maintenance District No. 113, CUP 19 -015, to Levy and Collect Assessments Within Such District and Preliminarily Approving the Report of the Engineer for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Appointing a Time and Place for Hearing Protests

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Declaring its Intention to Form the City of Hemet Landscape Maintenance Di strict No. 113, CUP 19 -015, to Levy and Collect Assessments Within Such District and Preliminarily Approving the Report of the Engineer for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Appointing a Time and Place for Hearing Protests.

BACKGROUND:

By its previous action, the City Council approved Resolution Bill No. 2022-XXXinitiating proceedings and ordering the engineer’s report in connection with the annual levy of assessments for the formation of Landscape Maintenance District No. 113, CUP 19-015 for Fiscal Year 2023-2024. The assessments against the lots and parcels of land within the a ssessment districts will pay for the operation, maintenance, and servicing of ornamental structures, landscaping, including trees, shrubs, grass, and other ornamental vegetation, and appurtenant facilities, including irrigation systems and drainage devices located in public places within the district boundary.

ANALYSIS:

21.F

The assessment engineer’s report has been prepared and is on file with the City Clerk. A public hearing notice will be published in the Press Enterprise, Hemet News, regarding the proposed annual landscape assessment rates for Fiscal Year 2023-2024.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilitie s.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The consultant fee for the formation of the district in connection with the annual levy of assessments for the formation of the landscape maintenance district is $5,566.14 to be paid from developer deposits.

ALTERNATIVE(S):

Do not approve this resolution and offer alternative direction to staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

LMDNo.113_HolidayInnExpress_FY 22-23_Declaring
ER Holiday Inn Express CUP19-015 LMD No 113_FINAL

21.F

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HEMET,

CALIFORNIA DECLARING ITS

INTENTION TO FORM THE CITY OF

HEMET LANDSCAPE MAINTENANCE
DISTRICT NO. 113, CUP 19-015, TO

LEVY AND COLLECT ASSESSMENTS

WITHIN SUCH DISTRICT AND

PRELIMINARILY APPROVING THE

REPORT OF THE ENGINEER FOR
FISCAL YEAR 2023-2024 PURSUANT

TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, PART 2 OF
DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE

AND AS PROVIDED BY ARTICLE XIII

D OF THE CALIFORNIA
CONSTITUTION; AND APPOINTING A

TIME AND PLACE FOR HEARING

PROTESTS
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council of the City of Hemet,
California has, by previous resolutions, formed Districts known and designated as the Landscape Maintenance
Districts (hereafter referred to as the “Districts”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), that provides for levy and collection of assessments by the County of Riverside for the City of
Hemet to pay the maintenance and services of landscaping and all appurtenant facilities and operations related thereto; and,

21.F

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023

THE CITY COUNCIL OF THE CITY OF HEMET FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

Section 1. By its previous Resolution Bill No. 2022-
XXX , the City Council initiated proceedings pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code, commencing with
Section 22500 (the “Act”) and as provided by Article XIII D of the California Constitution, for the formation of the City of Hemet Landscape Maintenance District No. 113, CUP 19-
015 (the “District”), described on maps on file in the office of the City Clerk and incorporated herein by reference, and the levy and collection of assessments against the assessable lots and parcels of land within such District for the 2023- 2024 fiscal year and ordered the Engineer, Harris &
Associates, to prepare and file a written report in accordance with Article XIII D, Section 4 of the California Constitution and Article 4 of Chapter 1 of the Act. The Engineer has prepared and filed a written report (the “Report”) with the City Clerk, which pertains to the proposed District, and by previous resolution the City Council approved the Engineer’s Report.

Section 2. The City Council hereby (1) finds that
the public interest and convenience requires and (2)
declares its intention to order the formation of the District and to levy and collect assessments against the assessable lots and parcels of land within such District for that portion of the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay the costs and expenses of the
improvements described in Section 3 below. If the
assessments, proposed by this resolution, are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution, the City may increase the assessments,
commencing with fiscal year 2024-2025. The amount of the assessments for the District can be increased each year, per Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, Section 53739(b)(1) based upon the following
formula:

Future CPI adjustments in the assessment rate will be
limited by the greater of four percent (4%) or the cumulative percentage increase in the Consumer Price Index for all Urban Consumers (“CPI-U”) for the Riverside-San
Bernardino-Ontario California Standard Metropolitan

21.F

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
Statistical Area (“Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. The annual CPI-U adjustment will be based on the cumulative increase, if any, in the Index as it stands on March of each year over the base Index of 2023. Adjustments beyond the greater of four percent (4%) or the CPI-U rate will require approval of the property owners of record as required by Proposition 218 “The Right to Vote on Taxes Act”.

Section 3. The improvements within the District
include but are not limited to: the operation, maintenance, and servicing of ornamental structures, landscaping,
including trees, shrubs, grass, and other ornamental
vegetation, and appurtenant facilities, including irrigation systems, drainage devices, and drywells located in public places within the boundaries of the District. Maintenance means the furnishing of services and materials for the
ordinary and usual maintenance, operation, and servicing of the ornamental structures, landscaping and appurtenant
facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping 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; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electricity for the irrigation and operation of the ornamental structures,
landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the
maintenance of any of the ornamental structures,
landscaping and appurtenant facilities.

Section 4. The general location and boundaries of
the proposed District are shown on maps on file in the office of the City Clerk, are incorporated herein by reference, and open to public inspection. The designation of the proposed District is as follows: City of Hemet Landscape Maintenance District No. 113, CUP 19-015.

Section 5. Reference is hereby made to the
Engineer’s Report, on file in the office of the City Clerk and open to public inspection, for a full and detail description of the improvements, the boundaries of the proposed District

21.F

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
and the proposed assessments upon assessable lots and
parcels of land within the proposed District.

Section 6. Notice is hereby given that the 10 th day
of January, 2023 at 7:00pm in the Council Chambers of the City of Hemet, 450 E. Latham Avenue, Hemet, California
92543, is the time and place fixed for a public hearing by the City Council on the question of the levy and collection of assessments for fiscal year 2023-2024 against lots and
parcels of land within the District. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Procedures of the City applicable to the completion, return, and tabulation of the ballots required pursuant to Article XIII D, Section 4 of the California Constitution are on file in the office of the City Clerk and open to public inspection.

Section 7. The City Clerk is hereby authorized and
directed to give notice of the public hearing as set forth in Section 6 in accordance with law.

Section 8. Lots or parcels within the District that
are owned or used by any county, city, city and county, special district or any other local or regional governmental agency, the State of California, or the United States shall be assessed unless the City demonstrates by clear and
convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

PASSED, APPROVED, AND ADOPTED this 13 th day of
December, 2022.

Malcolm Lilienthal, Mayor
ATTEST:

21.F

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
John Maier, City Clerk

21.F

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution is the actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 13 th day of December, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

John Maier, City Clerk

21.F

CITY OF HEMET
ENGINEER’S REPORT FOR

LANDSCAPE MAINTENANCE DISTRICT
NO. 113 (CUP 19-015)
NOVEMBER 2022

PREPARED BY

41593 Winchester Rd, Suite 200
Temecula, CA 92590
www.weareharris.com

21.F

Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

TABLE OF CONTENTS

Engineer’s Certification ................................................................................................. i Executive Summary ....................................................................................................... 1 A. Introduction ............................................................................................................. 1 B. Assessment District ................................................................................................. 2 Part I – Plans and Specifications ................................................................................... 3 A. Description of the Assessment District .................................................................. 3 B. Description of Improvements and Services Authorized by the Landscaping and Lighting Act of 1972 ........................................................................................ 3 C. Improvements and Services for LMD No. 113 ....................................................... 4

Part II – Method of Apportionment .............................................................................. 5 A. Method of Apportionment .................................................................................... 5 B. Annual Assessment ................................................................................................ 9 C. Maximum Assessment Methodology .................................................................. 13

Part III – Cost Estimate ................................................................................................ 15 Part IV – Assessment Diagrams/Boundary Map ......................................................... 16 Part V – Assessment Rolls ........................................................................................... 18

21.F

Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

i
ENGINEER’S CERTIFICATION
AGENCY: THE CITY OF HEMET

PROJECT: FORMATION OF CITY OF HEMET
LANDSCAPE MAINTENANCE DISTRICT NO. 113

TO: THE CITY COUNCIL OF THE

CITY OF HEMET

STATE OF CALIFORNIA

ENGINEER’S REPORT
LANDSCAPING AND LIGHTING ACT OF 1972, DIVISION 15 OF THE

STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA

Pursuant to the provisions of Sections 22565 through 22574 of the Landscaping and Lighting Act of 1972, said act being Part 2 of Division 15 of the California Streets and Highwa ys Code (“1972 Act”), in compliance with the substantive and procedural requirements of Articles XIII C and XIII D of the California Constitution, and under the direction of the City Council of the City of Hemet, California (“City Council”), submitted herewith is the Engineer’s Report (“Report”) for the City of Hemet (“City”).

This Report provides for the formation of the City of Hemet Landscape Maintenance District No. 113 (“LMD No. 113” or “District”) as required under the terms of CUP No. 19-015 issued for the development of the following Assessor Parcel Number (APN):
448-250-006
This Report also establishes the Maximum Assessment to be levied commencing with Fiscal Year 2023-2024 (i.e., commencing July 1, 2023 and ending June 30, 2024) and continuing in all subsequent Fiscal Years, for the area to be known and designated as:

LMD No. 113
I do hereby assess and apportion the total amount of the costs and expenses upon parcels of land within the designated area liable therefor e and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said services.

I, the appointed Engineer, acting on behalf of the City of Hemet, pursuant to the 1972 Act, do hereby submit the following:

21.F

Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

ii

• The costs and expenses of the District which have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels pursuant to the provisions of law. • An Assessment Diagram/Boundary Map is filed herewith as required by law, showing the District as well as the boundaries and dimensions of the respective parcels or lots and subdivisions of land within said District, as the same exist as of the date of thi s Report.

Reference is made to the Assessor Parcel Map for a description of the lots or parcels. • An Assessment Roll showing the annual assessment for each parcel corresponding to the numbers assigned to each parcel by the Riverside County Assessor and are current as of the date of this Report.

In conclusion, it is my opinion that the assessments for Landscape Maintenance District No. 113 have been spread in accordance with the benefits that each parcel receives from the items being financed.

DATED this 30th day of November 2022

___________________________________________
Alison M. Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
County of Riverside
State of California

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

1 EXECUTIVE SUMMARY
A. Introduction
Pursuant to the provisions of Sections 22565 through 22574 of the Landscaping and Lighting Act of 1972, said act being Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”), in compliance with the substantive and procedural requirements of Articles XIII C and XIII D (Proposition 218) of the California Constitution and recent court precedent, the costs and expenses of Landscape Maintenance District No. 113 (“LMD No. 113” or “District”) have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included in Part IV of this Report. On the 13th day of December, 2022 the City Council, City of Hemet, State of California, ordering the preparation of the Engineer’s Report (“Report”) providing for the formation of LMD No. 113 did, pursuant to the provisions of the 1972 Act, adopt Resolution No. 2022-________ for a special assessment district known and designated as:

LMD No. 113
The formation of LMD No. 113 includes the parcel identified by the Assessor Parcel Number (APN) valid as of the date of this Report:
448-250-006
Establishment of a landscape maintenance district for the maintenance of improvements in perpetuity is a prerequisite for development of th is parcel or any future subdivi sion of land under the terms of CUP No. 19-015.

As required by law, an Assessmen t Diagram/Boundary Map is filed herewith, showing the District, as well as the respective parcels and subdivisions of land within said District as they exist on the date of this Report. Each of which subdivisions of land into parcels or lots, respectively, has been assigned a distinctive number and is so indicated on the Assessment Diagram/Boundary Map and in the Assessment Roll contained herein. Harris submits this Report, consisting of five parts, for the formation of LMD No. 113 and the establishment of the Maximum Assessment to be levied and collected commencing Fiscal Year 2023-2024 and continuing in subsequent fiscal years.

Part I
Plans and Specifications: A description of LMD No. 113 boundaries and the proposed improvements within said District. The District shall consist of one parcel which comprise s the commercial development known as LMD No. 113. The proposed improvements described in this Report are based on the requirements of CUP 19-015 and the current development and improvement plans provided

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

2 to Harris by the City of Hemet as of the date of this Report. (1) Unsigned Holiday-Inn Express Right- of-Way – Planting Plan by Linda Fish Landscape Architecture, dated 10/04/21. (2) Site Plan for Holiday Inn Express dated 09/ 22/2021 by ACE Design LLC (“Plans”) are on file in the office of the City Engineer and are incorporated into this Report by reference.

Part II
Method of Apportionment: A narrative of the property benefits from the improvements and the method of calculating each property’s proport ional special benefit and annual assessment. The proposed initial Maximum Assessment established for LMD No. 113 is based on current property development Plans and estimated annual costs and expenses associated with all improvements to be accepted and maintained by LMD No. 113 at build-out.

Part III
Cost Estimate: An estimate of the cost of the landscape improvements maintenance and services, including incidental costs and expenses in connection therewith, for Fiscal Year 2023-2024.

Part IV
Assessment Diagram/Boundary Map: An Assessment Diag ram/Boundary Map showing the parcels of land included within the boundaries of LMD No. 113. For details concerning the lines and dimensions of the applicable Assessor’s Parcel Numbers, refer to the County Assessor’s Maps as of the date of this Report.

Part V
Assessment Roll: A listing of the Assessor’s Parcel Numbers, or the lot/unit numbers assigned for subdivided parcels, and the initial Maximum Assessment per parcel or lot/unit to be applied on the tax roll for Fiscal Year 2023-2024.

B. Assessment District
The improvements and services to be provided by LMD No. 113 generally include landscape maintenance. The formation of LMD No. 113 will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements and services will be funded in perpetuity . LMD No. 113’s structure, proposed improvements, method of apportionment and assessments described in this Report are based on the Plans provided to Harris as of the date of this Report, including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the proposed improvements.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

3 PART I – PLANS AND SPECIFICATIONS
A. Description of the Assessment District
LMD No. 113 is located within the City of Hemet, County of Riverside, State of California generally north of Florida Avenue, south of A Street, east of Cawston Avenue and west of Golden Village Drive.

At full development, LMD No. 113 is projected to include one assessable commercial parcel and zero non-assessable parcels. LMD No. 113 consists of all lots/units, parcels and subdivisions of land located in the development area currently defined by the following Assessor Parcel Number as of the date of this Report:
448-250-006
A general boundary map for the District is presented in Part IV of this Report.

B. Description of Improvements and Services Authorized by the Landscaping and Lighting Act of 1972
As applicable to the District, the 1972 Act (speci fically, Section 22525 of the California Streets and Highways Code) defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornam ental structures and facilities.
• The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
• The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The installation of park or recreational improvements, including, but not limited to, all of the following:
o Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
o Lights, playground equipment, play courts, and public restrooms. • The maintenance or servicing, or both, of any of the foregoing, and any of the improvements authorized in Streets and Highways Code Section 22525 (i). • The acquisition of land for park, recreational, or open-space purposes. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

4 •
• The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or othe r group events, activities, or functions, whether those events, activities, or functions are public or private.

Section 22526 of the California Streets and Highways Code states that “incidental expenses” associated with the improvements include, but are not limited to the following:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
• The costs of printing, advertising, and the giving of published, posted, and mailed notices. • Compensation payable to the County for collection of assessments. • Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
• Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the California Streets and Highways Code.
• Costs associated with any elections held for the approval of a new or increased assessment.

Section 22531 of the 1972 Act defines “maintain” or “maintenance” to mean the following:
• Furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating [vegetation] for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. Improvements and Services for LMD No. 113
LMD No. 113 provides for the collection of annual assessments to fund the ongoing maintenance and servicing of landscaping improvements on Florida Avenue within the public right -of-way of parcel 448-250-006. The assessments will also fund any appurtenant facilities and related incidental expenses including, but not limited to, the cost of personnel, electrical energy, materials, equipment, contracting services, and other items necessary for the satisfactory operation of these services which are the responsibility of LMD No. 113.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

5 PART II – METHOD OF APPORTIONMENT

A. Method of Apportionment
The proposed improvements, the associated costs, and assessments have been carefully reviewed, identified, and allocated based on special benefit.

Landscape maintenance is the responsibility of LMD No. 113.

The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements , which include dedicated easements for landscape use, and appurtenant facilities. Section 22573 of the 1972 Act gives the following instructions for apportioning assessments to the parcels within the district:
“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 formula used for calculating assessments for parcels within LMD No. 113, which reflects the composition of the parcels and the improvements and services which are the responsibility of LMD No. 113, fairly apportions the costs based on the estimated benefit to each parcel.

In addition, Article XIII D of the California Constitution (“Article”) requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the County must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large , including real property within the district. The general enhancement of property value does not constitute a special benefit.

Equivalent Benefit Units
A methodology, which takes into consideration the impact of land use and parcel size, has been developed and applied to LMD No. 113. This methodology, called Equivalent Benefit Units (EBUs), calculates the EBUs for each parcel where every land use is co nverted to EBUs based on the assessment formula appropriate for the City. Single Family Residential, which includes Condominiums, is defined as the basic unit for calculation of assessments and assigned 1 EBU per parcel. Multi-Family Residential (Apartments and Mobile Home Parks) are converted to EBUs based

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

6 on the number of dwelling units on 3each parcel. Commercial/Industrial, Vacant Property/Parks, and certain Public Property, such as Schools, are converted to EBUs based on the lot size of each parcel of land. Property Owners Association Property, Public Property and Exempt parcels are assigned zero EBUs. The EBU method is seen as the most appropriate and equitable for landscape maintenance districts, as the benefit to each parcel from the improvements ar e apportioned as a function of land use type and parcel size.

Parcel Classification
Residential:

Residential: Residential means a parcel for which a building permit has been issued permitting construction of one or more Residential dwelling units. Residential parcels shall be further classified as Single Family Residential, Condominium, and Multi-Family Residential. • Single Family Residential (SFR): SFR means all parcels of residential property, other than Multi-Family Residential Property. The SFR p arcel is the basic unit for calculation of the benefit assessments. Parcels designated as SFR land use will be assigned 1 EBU per dwelling unit, including vacant subdivided residential lots.
• Condominium: Condominium means all parcels of developed property within a residential building or buildings comprised of dwelling units with each unit having individual ownership and assigned an individual assessor parcel number. Condominiums will be treated the same as SFR units. Therefore, parcels designated as Condominium land use will be assigned 1 EBU per dwelling unit.
• Multi-Family Residential (Apartments) and Mobile Home Parks: Multi -Family Residential (Apartments) means all parcels of property that consist of a residential building or buildings comprised of attached dwelling units available for rental by the general public, not for sale to an end user, and under common management. Mobile Home Parks means all parcels of land with manufactured homes, all under common management.

The lower average population density and reduced average unit size of apartments and mobile homes compared to the typical population density and size of a SFR results in a lesser benefit per unit from landscaping improvements maintenance and services. The average apartment unit impacts infrastructure approximately 80% as much as a single family residence, while the average mobile home unit impacts infrastructure approximately 50% as much.

Therefore, the EBUs assigned to a Multi -Family Residential or a Mobile Home Park parcel are calculated based on the number of dwelling units and the appropriate Equivalent Benefit Factor (as shown in Table 1). Specifically, the Equivalent Benefit Factor for multi-residential (0.8) is multiplied by the number of dwelling units on the parcel to determine the total EBUs for the multi -unit residential parcel. Similarly, the total EBUs for a mobile home park parcel are calculated by multiplying the Equivalent Benefit Factor (0.5) by the number of mobile home units on the parcel.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

7 Non-Residential:

Non-Residential: Non -Residential means a parcel for which a building permit has been issued permitting construction of one or more Non-Residential structures. Non-Residential parcels shall be further classified as Commercial/Industrial, Vacant Property/Parks, Property Owners Association Property, Public Property/Schools and Exempt.
• Commercial/Industrial: Commercial/Industrial means non -residential parcels that are not Exempt, Public Property, Property Owners Association Property, or Vacant, and are used for retail, professional, medical, restaurant, government, institutional, financial, lodging, or other commercial/industrial related uses. These parcels are assigned EBUs based on acreage. In converting Commercial/Industrial properties to EBUs, the factor used is the City of Hemet average single family residential density of 3.50 dwelling units per acre (as derived from the City of Hemet 2030 General Plan, Table 2 .1 - Development Capacity, dated January 24, 2012 (Hemet General Plan)). Therefore, the Commercial/Industrial parcels, including institutional uses, will be assigned 3.50 EBUs per acre.
• Vacant Property/Parks: Vacant Property means parcels with no improved structures. These parcels are assigned EBUs based on acreage and receive less special benefit than SFR parcels.

Therefore, Vacant Property will be ass igned EBUs at the rate of 25% of the SFR parcels density of 3.50 dwelling units per acre (as derived from the Hemet General Plan), or 0. 88 EBUs per acre (25% of 3.50 EBUs), up to a maximum of 5 acres per parcel, regardless of parcel size. Parks will be assessed at the same rate as Vacant Property as they receive the same type of special benefits as vacant parcels. Vacant parcels with approved subdivision maps filed on them will be assessed at the rate appropriate to their future designated use. • Property Own ers Association Property (POAP): Property Owners Association Property means all parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association. The ultimate be nefactors of these parcels are the property owners themselves. Therefore, the costs of providing landscape improvements maintenance and services to these parcels will be spread to the taxable parcels in the District and exempt the POAP parcels from assessment.

These parcels are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed.
• Public Property/Schools: Public property means all parcels which are (i) used for rights -of- way or any other purpose and are owned by, dedicated to, or irrevocably offered for dedication to the federal government, the state, the county, City or any other public agency, provided however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. Public property not leased to a private agency or utility easements, as described in section (ii) above, are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed. Schools will be assessed as Commercial/Industrial uses for those portions of the parcels with building improvements

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

8 on them, and the playground and athletic fields will not be assessed as they are the same as Property Owners Association Property with no development potential. • Exempt: Exempt means any parcel dedicated as public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of-way, public greenbelts, parkways and that portion of public property that is not developed or used for business purposes similar to private commercial, industrial and institutional activities.

Also defined as Exempt parcels are utility rights -of-way, common areas (such as in condominium complexes), landlocked parcels and small parcels vacated by the City as these parcels have little or no development potential and do not benefit from the improvements.

These parcels are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

9 Determination of Rate
A summary of Equivalent Benefit Unit (EBU) rates is shown in Table 1:

TABLE 1
Land Use Category
Basic
Unit
Equivalent
Benefit
Factor EBU Rates
Residential:

Single Family Residential 1 D.U. X 1.00 = 1 EBU/DU
Condominium 1 D.U. X 1.00 = 1 EBU/DU
Multi-Family Apartments 1 D.U. X 0.80 = 0.80 EBU/DU
Mobile Home Park
1 Space X 0.50 = 0.50 EBU/Space
Non-Residential:

Commercial/Industrial
Per
Acre X 3.50 = 3.50 EBU/Acre
Schools
Per
Acre X 3.50 =

3.50 EBU/Acre
Area of Building Improvements
Vacant Non-Residential/Parks
Per
Acre X 0.88 =

0.88 EBU/Acre
5 Acre Max
POAP, Public & Exempt N/A X 0.00 = 0.00 EBU/DU

B. Annual Assessment
The Method of Apportionment of the Assessment is based upon the relative special benefit derived from the improvements and conferred upon the assessable real property within LMD No. 113 over and above general benefit conferred upon the assessable real property within LMD No. 113 or to the public at large. The assessment for each assessable parcel within LMD No. 113 is calculated as follows:

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

10 Each parcel currently within the District will be placed into one of the designated categories by land use. Using the EBU factor for the applicable land use category in Table 1 above, multiply the EBU factor rate by the number of Basic Units for each parcel to determine the number of EBUs for that parcel.

Once the total costs and the total number o f EBUs associated with all parcels within the District are determined, the total costs are divided by the total EBUs to determine an assessment rate for each EBU in the District.

Total District Costs ÷ Total Number of EBUs in District = District Assessment Rate per EBU

Each individual parcel’s assessment will then be determined by multiplying the District assessment rate by the parcel’s total EBUs.

District Assessment Rate per EBU x Parcel’s Total EBUs = Parcel’s Annual Assessment

Currently, there is one commercial parcel located in the District. Applying the EBU formula ( 3.50 EBUs x 1.59 acres) results in a total EBU count of 5.57 EBUs for LMD No. 113.

The maximum assessment rate is subject to a cost of living increase as explained in the M aximum Assessment Methodology section below.

Separation of Special Benefit and General Benefit
The identified improvements and services provide benefits to the parcels located within the District.

Some of these benefits are “special benefits,” benefits that are above and beyond those “general benefits” provided to the public at large or properties located outside the District. Under Assessment Law, only “special benefits” are assessable. As such, isolation and quantification of the “special benefits” associated with the improvements and services are paramount . In order to isolate the “Special Benefits,” it is necessary to quantify the amount of “General Benefits” associated with the improvements and services.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

11 Special Benefit
The landscape improvements which will be installed as part of the approved development within LMD No. 113 provide direct and special benefit to the lots or parcels within the District. Therefore, the maintenance of these improvements also provides direct and special benefit to parcels within the District by maintaining the functionality of the improvements an d allowing the improvements to operate in a proper manner.

Each and every lot or parcel in the District receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements. First, the improvements were conditions of approval for the creation or development of the parcel s. In order to create or develop the parcels, the City required the developer to install landscape improvements and to guarantee the maintenance of the landscape improvements and appurtenant facilities serving these lots or parcels. Therefore, each and every lot or parcel within the District could not have been developed in the absence of the installation and expected maintenance of these improvements and appurtenant facilities. In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within LMD No. 113 because of the nature of the improvements.

The proper maintenance of landscapes, and appurtenant improvements specially benefits owners of parcels within LMD No. 113 by attenuating noise from adjacent streets, and controlling dust for those properties in close proximity to the landscaping. Spray ing and treating landscaping for disease reduces the likelihood of insect infestation and spread of other diseases to landscaping throughout the properties in the District.

The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property -related crimes against properties in the District (especially vandalism) by screening the properties within the District from arterial streets. Additionally, the proper maintenance of landscaping and appurtenant structures impro ves the attractiveness of the properties within the District. This provides a positive visual experience each and every time a trip is made to or from the property in the District.

Based on the benefits described above, landscaping improvements are an integral part of the quality of life within the District. This quality of life is a special benefit to all parcels within the District except government-owned parcels or easements, utility easements, or flood channel parcels. Government - owned parcels or easeme nts, utility easements, and flood channel parcels do not benefit from the improvements due to their type of use and lack of human habitation on such parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and ther efore do not generate or experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote frequent use by the traveling public. As a result of this lack of activity on such parcels, they do not receive any benefit from landscaping improvements and are not assessed.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

12 General Benefit
Any share of the benefits received from an improvement that does not provide a special benefit to the assessed properties is considered to be a general benefit provided by the improvements. The cost of such general benefit is not to be assessed to the properties in the Assessment District, but instead is contributed by the city from the city’s General Fund or other financial sources and not funded by assessments.

The benefits provided by the installed landscaping improvements which provide general benefits are as follows:
• Enhanced adaptation of the urban environment within the natural environment by providing adequate green space and landscaping within the District. • Enhanced environmental quality through improved erosion resistance, dust and debris control
• Enhanced quality of life through well -maintained green belts and landscaped areas which create a welcoming environment for employees and customers

Special Benefits of LMD No. 113 Authorized Improvements and Services The special benefits associated with landscaping improvements to be installed and maintained are specifically:
• Improved aesthetic appeal of properties within the District , providing a positive representation of the area and the properties themselves. • Enhanced adaptation of the urban environment within the natural environment by providing adequate green space and landscaping within the District. • Enhanced environmental quality through improved erosion resistance, dust and debris control, and fire prevention as a result of the installation of the improvements to be maintained by the District.
• Increased sense of pride in ownership resulting from well -maintained improvements associated with the properties within the District.
• Enhanced quality of life through wel l-maintained green belts and landscaped areas which create a welcoming environment for employees and customers. • Reduced criminal activity and property -related crimes (especially vandalism) to improvements within the District through well-maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures and attenuating noise.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

13 Summary
The landscape improvements which will be installed as part of the approved development within LMD No. 113 provide direct and special benefit s to the lots or parcels within the District as well as general benefit to the public that access and use the improvements. Table 2 quan tifies the relative percentage for each type of benefit. The percentage of benefit i s used to calculate the proportion of cost that will be assessed to the property owners as special benefit.

Table 2
Description of Benefit
General
Benefit
Special
Benefit
Percentage
Benefit
Condition of development1 10
Improved aesthetic appeal 1
Enhanced urban environment 1 1
Erosion control 1 1
Pride of ownership 1
Quality of life 1 1
Reduced property crime 1
Reduced temperature and noise 1
General Benefits 3 15%
Special Benefits 17 85%
Total Benefits 20 100%
1 Satisfaction of the Condition of Development accounts for 50% of all benefits and gives it more weight.

In summary, no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property. The special benefit proportionate share of the costs and expenses for the provision of landscaping, as well as costs and expenses for the maintenance of the landscaping are apportioned on an EBU basis and assessed only for special and direct benefits. The general benefit will be funded by the City General Fund or other financial sources.

C. Maximum Assessment Methodology
The purpose of establishing a Maximum Assessment formula is to provide for reasonable increases and inflationary adjustments to annual assessments without requiring costly noticing and mailing procedures, which would add to the District costs and assessments.

The Maximum Assessment formula shall be applied to all assessable parcels of land within the District.
• For LMD No. 113, the initial Maximum Assessment for Fiscal Year 2023-2024 shall be a total of $4,232.82 or $759.92 per EBU as detailed in Part III.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

14 The initial Maximum Assessment is subject to an annual inflator starting in Fiscal Year 2024-2025.

The initial Maximum Assessment may be adjusted by the greater of four percent (4%) per year or the cumulative percentage increase in the Consumer Price Index for all Urban Consumers for (“CPI -U”) for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area (“Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. The annual CPI- U adjustment will be based on the cumulative increase, if any, in the Index as it stands in March of each year over the base Index of 2023.

The Maximum Assessment is adjusted annually and is calculated independent of the LMD No. 113 annual budget and proposed annual assessment. The annual assessment (rate per assessable parcel) applied in any fiscal year is not considered to be an increased assessment if less than or equal to the Maximum Assessment amount for that fiscal year. In no case shall the annual assessment exceed the Maximum Assessment.

Although the Maximum Assessment will increase each year, the actual LMD No. 113 assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on LMD No. 113 assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessme nts for the fiscal year require an increase to an amount greater than the adjusted Maximum Assessment, it is considered an increased assessment.

To impose an increased assessment, the City of Hemet must comply with the provisions of California Constitution Articles XIII C and XIII D, which require a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Through the balloting process, property owners must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for LMD No. 113. If the proposed assessment is not approved, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for LMD No. 113.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

15 PART III – COST ESTIMATE

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

16 PART IV – ASSESSMENT DIAGRAM/BOUNDARY MAP
Part IV – Assessment Diagram/Boundary Map
Fiscal Year 2023-2024 LMD No. 113
The Assessment Diagram/Boundary Map for LMD No. 113 by this reference is incorporated and made a part of this Report. Only the parcels identified within the LMD No. 113 Assessment Diagram/Boundary Map are within said boundary.

If any parcel submitted for collection is identified by the County Auditor -Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number (or numbers) will be identified and resubmitted to the County Auditor -Controller. The assessment amount to be levied and collected for the resubmitted parcel and/or new parcel number(s) shall be based on the method of apportionment and the assessment rate as defined in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and the assessment rate rather than as a proportionate share of the original assessment.

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

17

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Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015

18 PART V – ASSESSMENT ROLL
Parcel identification for each lot/unit or parcel within LMD No. 113 shall be the parcel as shown on the Riverside County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. LMD No. 113 includes the following APN(s) as of the date of this Report:
448-250-006
The initial Maximum Assessment for each parcel will be as follows1.

LANDSCAPE MAINTENANCE DISTRICT NO. 113 (CUP 19-015)
PROPOSED FISCAL YEAR 2023-2024 MAXIMUM ASSESSMENT2

Lot/Parcel
Number Acres EBUs Maximum Assessment
448-250-006 1.59 5.57 $4,232.82
TOTAL 1.59 5.57 $4,232.82

1 The Actual Assessment for each Assessable Parcel, when submitted to the tax roll, will be rounded to even pennies, as required by the Riverside County Auditor -Controller to allow for the equal division of 2 installment payments on the property tax bill.
2 The initial Maximum Assessment may be adjusted annually by the greater of four percent (4%) per year, or the cumulative percentage increase in the CPI-U, if any, as it stands in March of each year over the base Index of 2023.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Formation of Hemet Landscape Maintenance District No. 113, CUP 19 -015, and the Levy and Collection of Assessments Within Such District for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Ordering the Preparation of an Engineer’s Report

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Formation of Hemet Landscape Maintenance District No. 113, CUP 19 -015, and the Levy and Collection of Assessments Within Such District for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Ordering the Preparation of an Engineer’s Report.

BACKGROUND:

Harris & Associates has previously prepared the assessment engineering report in connection with the annual levy of assessments for the proposed citywide landscape maintenance distric ts. The assessments against the lots and parcels of land within the assessment district will pay for the operation, maintenance and servicing of landscaping and appurtenant structures. The formation of LMD No. 113 includes one commercial lot located nearest the northeast corner of Cawston Ave and Florida Ave. The establishment of a landscape maintenance district is a prerequisite for development of these parcels under the terms of CUP 19-015.

ANALYSIS:

The formation of Landscape Maintenance District No. 113 for CUP 19-015 will provide the City a funding mechanism for the ongoing operation and maintenance of the landscaping along the right-of-way of the

21.G

commercial project located on Florida Avenue. The funding provides the ability for the City to perform maintenance of these facilities that helps to beautify the City.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilitie s.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The consultant fee for the formation of the district in connection with the annual levy of assessments for the formation of the landscape maintenance district is $5,566.14 and is paid from developer deposits.

ALTERNATIVE(S):

Do not approve this staff report and resolution and provide alternative direction to staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

LMDNo.113_HolidayInnExpress_FY 22-23_Initiating

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CITY COUNCIL RESOLUTION NO. 22-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023

CITY OF HEMET
Hemet, California
RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HEMET,

CALIFORNIA, INITIATING

PROCEEDINGS FOR THE

FORMATION OF HEMET LANDSCAPE
MAINTENANCE DISTRICT NO. 113,
CUP 19-015, AND THE LEVY AND

COLLECTION OF ASSESSMENTS

WITHIN SUCH DISTRICT FOR FISCAL
YEAR 2023-2024 PURSUANT TO THE

LANDSCAPING AND LIGHTING ACT
OF 1972, PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND AS

PROVIDED BY ARTICLE XIII D OF
THE CALIFORNIA CONSTITUTION;

AND ORDERING THE PREPARATION
OF AN ENGINEER’S REPORT
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council of the City of Hemet,
California has, by previous resolutions, formed Districts known and designated as the Landscape Maintenance
Districts (hereafter referred to as the “Districts”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), that provides for levy and collection of assessments by the County of Riverside for the City of
Hemet to pay the maintenance and services of landscaping and all appurtenant facilities and operations related thereto; and,

THE CITY COUNCIL OF THE CITY OF HEMET FINDS,

DETERMINES, ORDERS, AND RESOLVES AS
FOLLOWS:

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CITY COUNCIL RESOLUTION NO. 22-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
Section 1. The City Council hereby proposes to
form a new landscape maintenance district to levy and
collect assessments against the lots and parcels of land within the Hemet Landscape Maintenance District No. 113, (hereinafter referred to as the “District”) to pay for the costs and expenses of the improvements described in Section 3 hereof for the fiscal year commencing July 1, 2023, and ending June 30, 2024, pursuant to the Landscaping and
Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code (the “Act”) and as provided by Article XIII D of the California Constitution.

Section 2. The general location and boundaries of
the proposed District are shown on maps on file in the office of the City Clerk, open to public inspection, and by reference are made part of this resolution. The District is designated as: “Hemet Landscape Maintenance District No. 113, CUP
19-015.”
Section 3. The improvements within the Districts
include but are not limited to: the operation, maintenance and servicing of ornamental structures, landscaping,
including trees, shrubs, grass and other ornamental
vegetation, and appurtenant facilities, including irrigation systems, drainage devices and drywells located in public places within the boundaries of the District. Maintenance refers to the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant
facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping 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; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing refers to the furnishing of electricity for the irrigation and operation of the ornamental structures,
landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the
maintenance of any of the ornamental structures,
landscaping and appurtenant facilities.

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CITY COUNCIL RESOLUTION NO. 22-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
Section 4. The City Council hereby designates
Harris & Associates, as the Engineer for the purposes of these proceedings and orders the Engineer to prepare and file with the City Clerk a written report in accordance with Article XIII D, Section 4 of the California Constitution and Article 4 (commencing with Section 22565) of Chapter 1 of the Act for that portion of the fiscal year 2023-2024
commencing July 1, 2023 and ending June 30, 2024. Such
Report shall refer to the District by its distinctive designation.

Section 5. Lots or parcels within the District that
are owned or used by any county, city, city and county, special district or any other local or regional governmental entity, the State of California or the United States shall be assessed unless the City demonstrates by clear and
convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

Section 6. That the City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of passage and adoption thereof in the
records of the proceedings of the City Council of said City, in the minutes of the meeting at which resolution is passed and adopted.

PASSED, APPROVED, AND ADOPTED this 13 th day of
December, 2022.

Malcolm Lilienthal, Mayor
ATTEST:

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CITY COUNCIL RESOLUTION NO. 22-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023

John Maier, City Clerk

21.G

CITY COUNCIL RESOLUTION NO. 22-XXX
Hemet Landscape Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution is the actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 13 th day of December 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

John Maier, City Clerk

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Declaring its Intention to Form the City of Hemet Landscape Maintenance District No. 112, PM 37196 / CUP 16 -006, to Levy and Collect Assessments Within Such District and Preliminarily Appro ving the Report of the Engineer for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Appointing a Time and Place for Hearing Protests

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Declaring its Intention to Form the City of Hemet Landscape Mai ntenance District No. 112, PM 37196 / CUP 16 -006, to Levy and Collect Assessments Within Such District and Preliminarily Approving the Report of the Engineer for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Appointing a Time and Place for Hearing Protests.

BACKGROUND:

By its previous action the City Council approved Resolution Bill No. 2022 -XXX initiating proceedings and ordering the engineer’s report in connection with the annual levy of assessments for the formation of Landscape Maintenance District No. 112, PM 37196/CUP 16 -006 for Fiscal Year 2023 -2024. The assessments against the lots a nd parcels of land within the assessment districts will pay for the operation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems and drainage devices located in public places within the district boundary.

ANALYSIS:

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The assessment engineer’s report has been prepared and is on file with the City Clerk. A public hearing notice will be published in the Press Enterprise, Hemet News, regarding the proposed annual landscape assessment rates for Fiscal Year 2023-2024.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilitie s.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The consultant fee for the formation of the district in connection with the annual levy of assessments for the formation of the landscape maintenance district is $5,350.00, to be paid from developer deposits.

ALTERNATIVE(S):

Do not approve this resolution and provide alternative direction to staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

LMDNo.112_Zanderson_FY 22-23_Declaring
ER Zanderson LMD No 112 FINAL

21.H

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HEMET,

CALIFORNIA, DECLARING ITS

INTENTION TO FORM THE CITY OF

HEMET LANDSCAPE MAINTENANCE
DISTRICT NO. 112, PM 37196 / CUP
16-006, TO LEVY AND COLLECT

ASSESSMENTS WITHIN SUCH

DISTRICT AND PRELIMINARILY

APPROVING THE REPORT OF THE
ENGINEER FOR FISCAL YEAR 2023-
2024 PURSUANT TO THE

LANDSCAPING AND LIGHTING ACT
OF 1972, PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND AS

PROVIDED BY ARTICLE XIII D OF
THE CALIFORNIA CONSTITUTION;

AND APPOINTING A TIME AND

PLACE FOR HEARING PROTESTS
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council of the City of Hemet,
California has, by previous resolutions, formed Districts known and designated as the Landscape Maintenance
Districts (hereafter referred to as the “Districts”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), that provides for levy and collection of assessments by the County of Riverside for the City of
Hemet to pay the maintenance and services of landscaping and all appurtenant facilities and operations related thereto; and,

21.H

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023

THE CITY COUNCIL OF THE CITY OF HEMET FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

Section 1. By its previous Resolution Bill No. 2022-
XXX , the City Council initiated proceedings pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code, commencing with
Section 22500 (the “Act”) and as provided by Article XIII D of the California Constitution, for the formation of the City of Hemet Landscape Maintenance District No. 112, PM
37196/CUP 16-006 (the “District”), described on maps on file in the office of the City Clerk and incorporated herein by reference, and the levy and collection of assessments
against the assessable lots and parcels of land within such District for the 2023-2024 fiscal year and ordered the
Engineer, Harris & Associates, to prepare and file a written report in accordance with Article XIII D, Section 4 of the California Constitution and Article 4 of Chapter 1 of the Act.

The Engineer has prepared and filed a written report (the “Report”) with the City Clerk, which pertains to the proposed District, and by previous resolution the City Council
approved the Engineer’s Report.

Section 2. The City Council hereby (1) finds that
the public interest and convenience requires and (2)
declares its intention to order the formation of the District and to levy and collect assessments against the assessable lots and parcels of land within such District for that portion of the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay the costs and expenses of the
improvements described in Section 3 below. If the
assessments, proposed by this resolution, are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution, the City may increase the assessments,
commencing with fiscal year 2024-2025. The amount of the assessments for the District can be increased each year, per Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, Section 53739(b)(1) based upon the following
formula:

Future CPI adjustments in the assessment rate will be
limited by the greater of four percent (4%) or the cumulative percentage increase in the Consumer Price Index for all Urban Consumers (“CPI-U”) for the Riverside-San

21.H

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023
Bernardino-Ontario California Standard Metropolitan
Statistical Area (“Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. The annual CPI-U adjustment will be based on the cumulative increase, if any, in the Index as it stands on March of each year over the base Index of 2023. Adjustments beyond the greater of four percent (4%) or the CPI-U rate will require approval of the property owners of record as required by Proposition 218 “The Right to Vote on Taxes Act”.

Section 3. The improvements within the District
include but are not limited to: the operation, maintenance, and servicing of ornamental structures, landscaping,
including trees, shrubs, grass, and other ornamental
vegetation, and appurtenant facilities, including irrigation systems, drainage devices, and drywells located in public places within the boundaries of the District. Maintenance means the furnishing of services and materials for the
ordinary and usual maintenance, operation, and servicing of the ornamental structures, landscaping and appurtenant
facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping 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; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electricity for the irrigation and operation of the ornamental structures,
landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the
maintenance of any of the ornamental structures,
landscaping and appurtenant facilities.

Section 4. The general location and boundaries of
the proposed District are shown on maps on file in the office of the City Clerk, are incorporated herein by reference, and open to public inspection. The designation of the proposed District is as follows: City of Hemet Landscape Maintenance District No. 112, PM 37196/CUP 16-006.

Section 5. Reference is hereby made to the
Engineer’s Report, on file in the office of the City Clerk and open to public inspection, for a full and detail description of

21.H

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023
the improvements, the boundaries of the proposed District and the proposed assessments upon assessable lots and
parcels of land within the proposed District.

Section 6. Notice is hereby given that the 10 th day
of January, 2023 at 7:00pm in the Council Chambers of the City of Hemet, 450 E. Latham Avenue, Hemet, California
92543, is the time and place fixed for a public hearing by the City Council on the question of the levy and collection of assessments for fiscal year 2023-2024 against lots and
parcels of land within the District. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Procedures of the City applicable to the completion, return, and tabulation of the ballots required pursuant to Article XIII D, Section 4 of the California Constitution are on file in the office of the City Clerk and open to public inspection.

Section 7. The City Clerk is hereby authorized and
directed to give notice of the public hearing as set forth in Section 6 in accordance with law.

Section 8. Lots or parcels within the District that
are owned or used by any county, city, city and county, special district or any other local or regional governmental agency, the State of California, or the United States shall be assessed unless the City demonstrates by clear and
convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

PASSED, APPROVED, AND ADOPTED this 13 th day of
December, 2022.

Malcolm Lilienthal, Mayor
ATTEST:

21.H

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023

John Maier, City Clerk

21.H

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do
hereby certify that the foregoing resolution is the actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 13th day of December, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

John Maier, City Clerk

21.H

CITY OF HEMET
ENGINEER’S REPORT FOR

LANDSCAPE MAINTENANCE DISTRICT
NO. 112 (PM 37196/CUP 16-006)
NOVEMBER 2022

PREPARED BY

41593 Winchester Rd, Suite 200
Temecula, CA 92590
www.weareharris.com

21.H

Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

TABLE OF CONTENTS

Engineer’s Certification ................................................................................................. i Executive Summary ....................................................................................................... 1 A. Introduction ............................................................................................................. 1 B. Assessment District ................................................................................................. 3 Part I – Plans and Specifications ................................................................................... 4 A. Description of the Assessment District .................................................................. 4 B. Description of Improvements and Services Authorized by the Landscaping and Lighting Act of 1972 ........................................................................................ 4 C. Improvements and Services for LMD No. 112 ....................................................... 5

Part II – Method of Apportionment .............................................................................. 7 A. Method of Apportionment .................................................................................... 7 B. Annual Assessment .............................................................................................. 11 C. Maximum Assessment Methodology .................................................................. 15

Part III – Cost Estimate ................................................................................................ 17 Part IV – Assessment Diagrams/Boundary Map ......................................................... 18 Part V – Assessment Rolls ........................................................................................... 20

21.H

Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

i
ENGINEER’S CERTIFICATION
AGENCY: THE CITY OF HEMET

PROJECT: FORMATION OF CITY OF HEMET
LANDSCAPE MAINTENANCE DISTRICT NO. 112

TO: THE CITY COUNCIL OF THE

CITY OF HEMET

STATE OF CALIFORNIA

ENGINEER’S REPORT
LANDSCAPING AND LIGHTING ACT OF 1972, DIVISION 15 OF THE

STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA

Pursuant to the provisions of Sections 22565 through 22574 of the Landscaping and Lighting Act of 1972, said act being Part 2 of Division 15 of the California Streets and Highways Cod e (“1972 Act”), in compliance with the substantive and procedural requirements of Articles XIII C and XIII D of the California Constitution, and under the direction of the City Council of the City of Hemet, California (“City Council”), submitted herewith is the Engineer’s Report (“Report”) for the City of Hemet (“City”).

This Report provides for the formation of the City of Hemet Landscape Maintenance District No. 112 (“LMD No. 112” or “District”) as required under the terms of Parcel Map 37196 and CUP No. 16-006 issued for the development of the following Assessor Parcel Number (APN):
444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029

This Report also establishes the Maximum Assessment to be levied commencing with Fiscal Year 2023-2024 (i.e., commencing July 1, 2023 and ending June 30, 2024) and continuing in all subsequent Fiscal Years, for the area to be known and designated as:

LMD No. 112
I do hereby assess and apportion the total amount of the costs and expenses upon parce ls of land within the designated area liable therefor e and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said services.

21.H

Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

ii

I, the appointed Engineer, acting on behalf of the City of Hemet, pursuant to the 1972 Act, do hereby submit the following:
• The costs and expenses of the District which have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels pursuant to the provisions of law. • An Assessment Diagram/Boundary Map is filed herewith as required by law, showing the District as well as the boundaries and dimensions of the respective parcels or lots and subdivisions of land within said District, as the same exist as of the date of this Report.

Reference is made to the Assessor Parcel Map for a description of the lots or parcels. • An Assessment Roll showing the annual assessment for each parcel corresponding to the numbers assigned to each parcel by the Riverside County Assessor and are current as of the date of this Report.

In conclusion, it is my opinion that the assessments for Landscape Maintenance District No. 112 have been spread in accordance with the benefits that each parcel receives from the items being financed.

DATED this 30th day of November 2022

___________________________________________
Alison M. Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
County of Riverside
State of California

21.H

Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

1 EXECUTIVE SUMMARY
A. Introduction
Pursuant to the provisions of Sections 22565 through 22574 of the Landscaping and Lighting Act of 1972, said act being Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”), in compliance with the substantive and procedural requirements of Articles XIII C and XIII D (Proposition 218) of the California Constitution and recent court precedent , the costs and expenses of Landscape Maintenance District No. 112 (“LMD No. 112” or “District”) have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included in Part IV of this Report. On the 13th day of December, 2022 the City Council, City of Hemet, State of California, ordering the preparation of the Engineer’s Report (“Report”) providing for the formation of LMD No. 112 did, pursuant to the provisions of the 1972 Act, adopt Resolution No. 2022-________ for a special assessment district known and designated as:

LMD No. 112
The formation of LMD No. 112 includes the parcels identified by the Assessor Parcel Numbers (APNs) valid as of the date of this Report:
444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029

Establishment of a landscape maintenance district for the maintenance of improvements in perpetuity is a prerequisite for development of th is parcel or any future subdivi sion of land under the terms of Parcel Map 37196 and CUP No. 16-006.

As required by law, an Assessment Diagram/Boundary Map is filed herewith, showing the District, as well as the respective parcels and subdivisions of land within said District as they exist on the date of this Report. Each of which subdivisions of land into parcels or lots, respectively, has been assigned a distinctive number and is so indicated on the Assessment Diagram/Boundary Map and in the Assessment Roll contained herein. Harris submits this Report, consisting of five parts, for the formation of LMD N o. 112 and the establishment of the Maximum Assessment to be levied and collected commencing Fiscal Year 2023-2024 and continuing in subsequent fiscal years.

21.H

Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

2 Part I
Plans and Specifications: A description of LMD No. 112 boundaries and the proposed improvements within said District. The District shall consist of six parcels which compris e the commercial development known as LMD No. 112. The proposed improvements described in this Report are based on the requirements of PM 37196/CUP 16-006 and the current development and improvement plans provided to Harris by the City of Hemet as of the date of this Report. (1) Unsigned Parcel Map 37196 by Albert Webb & Associates – Civil Engineers, dated March 2018 and (2) Conditional Use Permit 16- 006 (“Plans”) are on file in the office of the City Engineer and are incorporated into this Report by reference.

Part II
Method of Apportionment: A narrative of the property benefits from the improvements and the method of calculating each property’s proportional special benefit and annual assessment. The proposed initial Maximum Assessment established for LMD No. 112 is based on current property development Plans and estimated annual costs and expenses associated with all improvements to be accepted and maintained by LMD No. 112 at build-out.

Part III
Cost Estimate: An estimate of the cost of the landscape improveme nts maintenance and services, including incidental costs and expenses in connection therewith, for Fiscal Year 2023-2024.

Part IV
Assessment Diagram/Boundary Map: An Assessment Diagram/Boundary Map showing the parcels of land included within the boundaries of LMD No. 112. For details concerning the lines and dimensions of the applicable Assessor’s Parcel Numbers, refer to the County Assessor’s Maps as of the date of this Report.

Part V
Assessment Roll: A listing of the Assessor’s Parcel Numbers, or the lot/ unit numbers assigned for subdivided parcels, and the initial Maximum Assessment per parcel or lot/unit to be applied on the tax roll for Fiscal Year 2023-2024.

21.H

Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

3 B. Assessment District
The improvements and services to be provided by LMD No. 112 generally include landscape maintenance. The formation of LMD No. 112 will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements and services will be funded in perpetuity . LMD No. 112’s structure, proposed improvements, method of apportionment and assessments described in this Report are based on the Plans provided to Harris as of the date of this Report, including all estimated di rect expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the proposed improvements.

21.H

Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

4 PART I – PLANS AND SPECIFICATIONS
A. Description of the Assessment District
LMD No. 112 is located within the City of Hemet, County of Riverside, State of California generally north of Menlo Avenue, south of Fruitvale Ave, east of Sanderson Avenue and west of La Habra Dr. At full development, LMD No. 112 is projected to include six assessable commercial parcel s and zero non-assessable parcels. LMD No. 112 consists of all lots/units, parcels and subdivisions of land located in the development area currently defined by the following Assessor Parcel Number s as of the date of this Report:
444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029
A general boundary map for the District is presented in Part IV of this Report.

B. Description of Improvements and Services Authorized by the Landscaping and Lighting Act of 1972
As applicable to the District, the 1972 Act (specifically, Section 22525 of the California Streets and Highways Code) defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
• The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The installation of park or recreational improvements, including, but not limited to, all of the following:
o Land preparation, such as grading, leveling, cutting a nd filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
o Lights, playground equipment, play courts, and public restrooms.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

5 • The maintenance or servicing, or both, of any of the foregoing, and any of the improvements authorized in Streets and Highways Code Section 22525 (i). • The acquisition of land for park, recreational, or open-space purposes. • The acquisition of any existing improvement otherwise authorized pursuant to this section. • The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other grou p events, activities, or functions, whether those events, activities, or functions are public or private.

Section 22526 of the California Streets and Highways Code states that “incidental expenses” associated with the improvements include, but are not limited to the following:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
• The costs of printing, advertising, and the giving of published, posted, and mailed notices. • Compensation payable to the County for collection of assessments. • Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
• Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the California Streets and Highways Code.
• Costs associated with any elections held for the approval of a new or increased assessment.

Section 22531 of the 1972 Act defines “maintain” or “maintenance” to mean the following:
• Furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating [vegetation] for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. Improvements and Services for LMD No. 112
LMD No. 112 provides for the collection of annual assessments to fund the ongoing maintenance and servicing of landscaping improvements on Sanderson Avenue and Menlo Ave. within the public right- of-way of the following parcels:

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

6 444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029
The assessments will also fund any appurtenant facilities and related incidental expenses including, but not limited to, the cost of personnel, electrical energy, materials, equipment, contracting services, and other items necessary for the satisfactory operation of these services which are the responsibility of LMD No. 112.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

7 PART II – METHOD OF APPORTIONMENT

A. Method of Apportionment
The proposed improvements, the associated costs, and assessments have been carefully reviewed, identified, and allocated based on special benefit.

Landscape maintenance is the responsibility of LMD No. 112.

The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include dedicated easements for landscape use, and appurtenant facilities. Section 22573 of the 1972 Act gives the fo llowing instructions for apportioning assessments to the parcels within the district:
“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 formula used for calculating assessments for parcels within LMD No. 112, which reflects the composition of the parcels and the improvements and services which are the responsibility of LMD No. 112, fairly apportions the costs based on the estimated benefit to each parcel.

In addition, Article XIII D of the California Constitution (“Article”) requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the County must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit.

Equivalent Benefit Units
A methodology, which takes into consideration the impact of land use and parcel size, has been developed and applied to LMD No. 112. This methodology, called Equivalent Benefit Units (EBUs), calculates the EBUs for each parcel where every land use is converted to EBUs based on the assessment formula appropriate for the City. Single Family Residential, which includes Condominiums, is defined as the basic unit for calculation of assessments and assigned 1 EBU per parcel. Multi-Family Residential (Apartments and Mobile Home Parks) are converted to EBUs

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

8 based on the number of dwelling units on each parcel. Commercial/Industrial, Vacant Property/Parks, and certain Public Property, such as Schools, are converted to EBUs based on the lot size of each parcel of land. Property Owners Association Property, Public Property and Exempt parcels are assigned zero EBUs. The EBU method is seen as the most appropriate and equitable for landscape maintenance districts, as the benefit to each parcel from the improvements are apportioned as a function of land use type and parcel size.

Parcel Classification
Residential:

Residential: Residential means a parcel for which a building permit has been issued permitting construction of one or more Residential dwelling units. Residential parcels shall be further classified as Single Family Residential, Condominium, and Multi-Family Residential. • Single Family Residential (SFR): SFR means all parcels of residential property, other than Multi-Family Residential Property. The SFR parcel is the basic unit for calculation of the benefit assessments. Parcels designated as SFR land use will be assigned 1 EBU per dwelling unit, including vacant subdivided residential lots.
• Condominium: Condominium means all parcels of developed property within a residential building or buildings comprised of dwelling units with each unit having individual ownership and assigned an individual assessor parcel number. Condominiums will be treated the same as SFR units. Therefore, parcels designated as Condominium land use will be assigned 1 EBU per dwelling unit.
• Multi-Family Residential (Apartments) and Mobile Home Parks: Multi -Family Residential (Apartments) means all parcels of property that consist of a residential building or buildings comprised of attached dwelling units available for rental by the general public, not for sale to an end user, and under common management. Mobile Home Parks means all parcels of land with manufactured homes, all under common management.

The lower average population density and reduced average unit size of apartments and mobile homes compared to the typical population density and size of a SFR results in a lesser benefit per unit from landscapi ng improvements maintenance and services. The average apartment unit impacts infrastructure approximately 80% as much as a single family residence, while the average mobile home unit impacts infrastructure approximately 50% as much.

Therefore, the EBUs as signed to a Multi -Family Residential or a Mobile Home Park parcel are calculated based on the number of dwelling units and the appropriate Equivalent Benefit Factor (as shown in Table 1). Specifically, the Equivalent Benefit Factor for multi-residential (0.8) is multiplied by the number of dwelling units on the parcel to determine the total EBUs for the multi -unit residential parcel. Similarly, the total EBUs for a mobile home park parcel are calculated by multiplying the Equivalent Benefit Factor (0.5) by the number of mobile home units on the parcel.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

9 Non-Residential:

Non-Residential: Non -Residential means a parcel for which a building permit has been issued permitting construction of one or more Non-Residential structures. Non-Residential parcels shall be further classified as Commercial/Industrial, Vacant Property/Parks, Property Owners Association Property, Public Property/Schools and Exempt.
• Commercial/Industrial: Commercial/Industrial means non -residential parcels that are not Exempt, Public Property, Property Owners Association Property, or Vacant, and are used for retail, professional, medical, restaurant, government, institutional, financial, lodging, or other commercial/industrial related uses. These parcels are assigned EBUs based on acreage. In converting Commercial/Industrial properties to EBUs, the factor used is the City of Hemet average single family residential density of 2.58 dwelling units per acre (as derived from the City of Hemet 2030 General Plan, Table 2.3 - Development Capacity, dated January 24, 2012 (Hemet General Plan)). Therefore, the Commercial/Industrial parcels, including institutional uses, will be assigned 2.58 EBUs per acre.
• Vacant Property/Parks: Vacant Property means parcels with no improved structures. These parcels are assigned EBUs based on acreage and receive less special benefit than SFR parcels.

Therefore, Vacant Property will be assigned EBUs at the rate of 25% of the SFR parcels density of 2.58 dwelling units per acre (as derived from the Hemet General Plan), or 0.65 EBUs per acre (25% of 2.58 EBUs), up to a maximum of 5 acres per parcel, regardless of parcel size. Parks will be assessed at the same rate as Vacant Property as they receive the same type of special benefits as vacant parcels. Vacant parcels with approved subdivision maps filed on them will be assessed at the rate appropriate to their future designated use. • Property Owners Association Property (POAP): Property Owners Association Property means all parcels which have been conveyed, dedicated to, or irrevoca bly offered for dedication to a property owner association, including any master or sub -association. The ultimate benefactors of these parcels are the property owners themselves. Therefore, the costs of providing landscape improvements maintenance and serv ices to these parcels will be spread to the taxable parcels in the District and exempt the POAP parcels from assessment.

These parcels are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed.
• Public Property/Schools: Public property means all parcels which are (i) used for rights -of- way or any other purpose and are owned by, dedicated to, or irrevocably offered for dedication to the federal government, the state, the county, City or any other public agency, provided however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an easement making
• unmanned utility impractical its utilization for other than the purpose set forth in the easement. Public property not leased to a private agency or utility easements, as described in

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

10 section (ii) above, are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed. Schools will be assessed as Commercial/Industrial uses for those portions of the parcels with building improvements on them, and the playground and athletic fields will not be assessed as they are the same as Property Owners Association Proper ty with no development potential.
• Exempt: Exempt means any parcel dedicated as public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of-way, public greenbelts, parkways and that portion of public property that is not developed or used for business purposes similar to private commercial, industrial and institutional activities.

Also defined as Exempt parcels are utility rights -of-way, common areas (such as in condominium complexes), landlocked parcels and small parcels vacated by the City as these parcels have little or no development potential and do not benefit from the improvements.

These parcels are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

11 Determination of Rate
A summary of Equivalent Benefit Unit (EBU) rates is shown in Table 1:

TABLE 1
Land Use Category
Basic
Unit
Equivalent
Benefit
Factor EBU Rates
Residential:

Single Family Residential 1 D.U. X 1.00 = 1 EBU/DU
Condominium 1 D.U. X 1.00 = 1 EBU/DU
Multi-Family Apartments 1 D.U. X 0.80 = 0.80 EBU/DU
Mobile Home Park
1 Space X 0.50 = 0.50 EBU/Space
Non-Residential:

Commercial/Industrial
Per
Acre X 3.50 = 3.50 EBU/Acre
Schools
Per
Acre X 3.50 =

3.50 EBU/Acre
Area of Building Improvements
Vacant Non-Residential/Parks
Per
Acre X 0.65 =

0.65 EBU/Acre
5 Acre Max
POAP, Public & Exempt N/A X 0.00 = 0.00 EBU/DU

B. Annual Assessment
The Method of Apportionment of the Assessment is based upon the relative special benefit derived from the improvements and conferred upon the assessable real property within LMD No. 112 over and above general benefit conferred upon the assessable real property within LMD No. 112 or to the public at large. The assessment for each assessable parcel within LMD No. 112 is calculated as follows:

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

12 Each parcel currently within the District will be placed int one of the designated categories by land use. Using the EBU factor for the applicable land use category in Table 1 above, multiply the EBU factor rate by the number of Basic Units for each parcel to determine the number of EBUs for that parcel.

Once the total costs and the total number of EBUs associated with a ll parcels within the District are determined, the total costs are divided by the total EBUs to determine an assessment rate for each EBU in the District.

Total District Costs ÷ Total Number of EBUs in District = District Assessment Rate per EBU

Each individual parcel’s assessment will then be determined by multiplying the District assessment rate by the parcel’s total EBUs.

District Assessment Rate per EBU x Parcel’s Total EBUs = Parcel’s Annual Assessment

Currently, there are six commercial parcels located in the District. Applying the EBU formula ( 3.50 EBUs x 7.71 acres) results in a total EBU count of 26.99 EBUs for LMD No. 112.

The maximum assessment rate is subject to a cost -of-living increase as explained in the Maximum Assessment Methodology section below.

Separation of General Benefit and Special Benefit
The identified improvements and services provide benefits to the parcels located within the District.

Some of these benefits are “special benefits,” benefits that are above and beyond those “general benefits” provided to the public at large or properties located outside the District. Under Assessment Law, only “special benefits” are assessable. As such, isolation and quantification of the “special benefits” associated with the improvements and services are paramount . In order to isolate the “Special Benefits,” it is necessary to quantify the amount of “General Benefits” associated with the improvements and services.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

13 Special Benefit
The landscape improvements which will be installed as part of the approved development within LMD No. 112 provide direct and special benefit to the lots or parcels within the District. Therefore, the maintenance of these improvements also provides direct and special benefit to parcels within the District by maintaining the functionality of the improvements and allowing the improvements to operate in a proper manner.

Each and every lot or parcel in the District receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements. First, the improvements were conditions of approval for the creation or development of the parcels. In order to create or develop the parcels, the City required the developer to install landscape improvements and to guarantee the maintenance of the landscape improvements and appurtenant facilities serving these lots or parcels. Therefore, each and every lot or parcel within the District could not have been developed in the abse nce of the installation and expected maintenance of these improvements and appurtenant facilities. In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within LMD No. 112 because of the nature of the improvements.

The proper maintenance of landscapes, and appurtenant improvements specially benefits owners of parcels within LMD No. 112 by attenuating noise from adjacent streets, and controlling dust for those properties in close proximity to the landscaping. Spraying and treating landscaping for disease reduces the likelihood of insect infestation and spread of other diseases to landscaping throughout the properties in the District.

The proper maintenance of the landscaping, ornamental stru ctures, and appurtenant facilities reduces property -related crimes against properties in the District (especially vandalism) by screening the properties within the District from arterial streets. Additionally, the proper maintenance of landscaping and appu rtenant structures improves the attractiveness of the properties within the District. This provides a positive visual experience each and every time a trip is made to or from the property in the District.

Based on the benefits described above, landscaping improvements are an integral part of the quality of life within the District. This quality of life is a special benefit to all parcels within the District except government-owned parcels or easements, utility easements, or flood channel parcels. Government - owned parcels or easements, utility easements, and flood channel parcels do not benefit from the improvements due to their type of use and lack of human habitation on such parcels. Parcels of this nature are usually vacant narrow strips of land or flood c ontrol channels and therefore do not generate or experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote frequent use by the traveling public. As a result of this lack of activity on such parcels, they do not receive any benefit from landscaping improvements and are not assessed.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

14 General Benefit
Any share of the benefits received from an improvement that does not provide a special benefit to the assessed properties is considered to be a general benefit provided by the improvements. The cost of such general benefit is not to be assessed to the properties in the Assessment District, but instead is contributed by the city from the city’s General Fund or other financial sources and not funded by assessments.

The benefits provided by the installed landscaping improvements which provide general benefits are as follows:
• Enhanced adaptation of the urban environment within the natural environment by providing adequate green space and landscaping within the District. • Enhanced environmental quality through improved erosion resistance, dust and debris control
• Enhanced quality of life through well -maintained green belts and landscaped areas which create a welcoming environment for employees and customers

Special Benefits of LMD No. 112 Authorized Improvements and Services The special benefits associated with landscaping improvements to be installed and maintained are specifically:
• Improved aesthetic appeal of properties within the District , providing a positive representation of the area and the properties themselves. • Enhanced adaptation of the urban environment within the natural environment by providing adequate green space and landscaping within the District. • Enhanced environmental quality through improved erosion resistance, dust and debris control, and fire prevention as a result of the installation of the improvements to be maintained by the District.
• Increased sense of pride in ownership resulting from well -maintained improvements associated with the properties within the District.
• Enhanced quality of life through well -maintained green belts and landscaped areas which create a welcoming environment for employees and customers. • Reduced criminal activity and property -related crimes (especially v andalism) to improvements within the District through well-maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures and attenuating noise.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

15 Summary
The landscape improvements which will be installed as part of the approved development within LMD No. 112 provide direct and special benefit s to the lots or parcels within the District as well as general benefit to the public that access and use the improvements. Table 2 quantifies the relative percentage for each type of benefit. The percentage of benefit is used to calculate the proportion of cost that will be assessed to the property owners as special benefit.

Table 2
Description of Benefit
General
Benefit
Special
Benefit
Percentage
Benefit
Condition of development1 10
Improved aesthetic appeal 1
Enhanced urban environment 1 1
Erosion control 1 1
Pride of ownership 1
Quality of life 1 1
Reduced property crime 1
Reduced temperature and noise 1
General Benefits 3 15%
Special Benefits 17 85%
Total Benefits 20 100%
1 Satisfaction of the Condition of Development accounts for 50% of all benefits and gives it more weight.

In summary, no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property. The special benefit proportionate share of the costs and expenses for the provision of landscaping, as well as costs and expenses for the maintenance of the landscaping are apportioned on an EBU basis and assessed only for special and direct benefits. The general benefit will be funded by the City General Fund or other financial sources.

C. Maximum Assessment Methodology
The purpose of establishing a Maximum Assessment formula is to provide for reasonable increases and inflationary adjustments to annual assessments without requiring costly noticing and mailing procedures, which would add to the District costs and assessments.

The Maximum Assessment formula shall be applied to all assessable parcels of land within the District.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

16 • For LMD No. 112, the initial Maximum Assessment for Fiscal Year 2023-2024 shall be a total of $16,714.41 or $619.28 per EBU as detailed in Part III.

The initial Maximum Assessment is subject to an annual inflator starting in Fiscal Year 2024-2025.

The initial Maximum Assessment may be adjusted by the greater of four percent (4%) per year or the cumulative percentage increase in the Consumer Price Index f or all Urban Consumers for (“CPI -U”) for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area (“Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. The annual CPI- U adjustment will be based on the cumulative increase, if any, in the Index as it stands in March of each year over the base Index of 2023.

The Maximum Assessment is adjusted annually and is calculated independent of the LMD No. 112 annual budget and proposed annual assessment. The annual assessment (rate per assessable parcel) applied in any fiscal year is not considered to be an increased assessment if less than or equal to the Maximum Assessment amount for that fiscal year. In no case shall the annual assessment exceed the Maximum Assessment.

Although the Maximum Assessment will increase each year, the actual LMD No. 112 assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on LMD No. 112 assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessments for the fiscal year require an increase to an amount greater than the adjusted Maximum Assessment, it is considered an increased assessment.

To impose an increased assessment, the City of Hemet must comply with the provisions of California Constitution Articles XIII C and XIII D, which require a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Through the balloting process, property owners must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for LMD No. 112. If the proposed assessment is not approved, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for LMD No. 112.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

17 PART III – COST ESTIMATE

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

18 PART IV – ASSESSMENT DIAGRAM/BOUNDARY MAP
Part IV – Assessment Diagram/Boundary Map
Fiscal Year 2023-2024 LMD No. 112
The Assessment Diagram/Boundary Map for LMD No. 112 by this reference is incorporated and made a part of this Report. Only the parcels identified within the LMD No. 112 Assessment Diagram/Boundary Map are within said boundary.

If any parcel submitted for collection is identified by the County Auditor -Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number (or numbers) will be identified and resubmitted to the County Auditor -Controller. The assessment amount to be levied and collected for the resubmitted parcel and/or new parcel number(s) shall be based on the method of apportionment and the assessment rate as defined in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and the assessment rate rather than as a proportionate share of the original assessment.

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

19

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Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006

20 PART V – ASSESSMENT ROLL
Parcel identification for each lot/unit or parcel within LMD No. 112 shall be the parcel as shown on the Riverside County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. LMD No. 112 includes the following APN(s) as of the date of this Report:
444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029

The initial Maximum Assessment for each parcel will be as follows1.

LANDSCAPE MAINTENANCE DISTRICT NO. 112 (PM 37196/CUP 16-006) PROPOSED FISCAL YEAR 2023-2024 MAXIMUM ASSESSMENT2

Assessor Parcel
Number Acres EBUs
Maximum
Assessment
444-100-024 1.07 3.75 $2,322.31
444-100-025 1.00 3.50 $2,167.49
444-100-026 1.29 4.52 $2,799.15
444-100-027 .99 3.47 $2,148.91
444-100-028 .98 3.43 $2,124.14
444-100-029 2.38 8.32 $5,152.41
TOTAL 7.71 26.99 $16,714.41

1 The Actual Assessment for each Assessable Parcel, when submitted to the tax roll, will be rounded to even pennies, as required by the Riverside County Auditor -Controller to allow for the equal division of 2 installment payments on the property tax bill.
2 The initial Maximum Assessment may be adjusted annually by the greater of four percent (4%) per year, or the cumulative percentage increase in the CPI-U, if any, as it stands in March of each year over the base Index of 2023.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Formation of Hemet Landscape Maintenance District No. 112, PM 37196/CUP 16 -006, and the Levy and Collection of Assessments Within Such District for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Ordering the Preparation of an Engineer’s Report

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

A Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Formation of Hemet Landscape Maintenance District No. 112, PM 37196/CUP 16 -006, and the Levy and Collection of Assessments Within Such District for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Ordering the Preparation of an Engineer’s Report.

BACKGROUND:

Harris & Associates has previously prepared the assessment engineering report in connection with the annual levy of assessments for the proposed citywide landscape mainten ance districts. The assessments against the lots and parcels of land within the assessment district will pay for the operation, maintenance and servicing of landscaping and appurtenant structures. The formation of LMD No. 112 includes one commercial lot located nearest the northeast corner of Sanderson Ave and Menlo Ave. The establishment of a landscape maintenance district is a prerequisite for development of these parcels under the terms of PM 37196/CUP 16-006.

ANALYSIS:

The formation of Landscape Maintenance District No. 112 for CUP 16-006 will provide the City a funding mechanism for the ongoing operation and maintenance of the landscaping along the right -of-way for

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the commercial project located on Florida Avenue. The funding provides the ability f or the City to perform maintenance of these facilities that helps to beautify the City.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilitie s.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The consultant fee for the formation of the district in connection with the annual levy of assessments for the formation of the landscape maintenance district is $5,350 to be paid from developer deposits.

ALTERNATIVE(S):

Do not approve this resolution and provide alternative direction to staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

LMDNo.112_Zanderson_FY 22-23_Initiating

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HEMET,

CALIFORNIA INITIATING

PROCEEDINGS FOR THE

FORMATION OF HEMET LANDSCAPE
MAINTENANCE DISTRICT NO. 112,
PM 37196/CUP 16-006, AND THE

LEVY AND COLLECTION OF

ASSESSMENTS WITHIN SUCH
DISTRICT FOR FISCAL YEAR 2023-
2024 PURSUANT TO THE

LANDSCAPING AND LIGHTING ACT
OF 1972, PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND AS

PROVIDED BY ARTICLE XIII D OF
THE CALIFORNIA CONSTITUTION;

AND ORDERING THE PREPARATION
OF AN ENGINEER’S REPORT
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council of the City of Hemet,
California has, by previous resolutions, formed Districts known and designated as the Landscape Maintenance
Districts (hereafter referred to as the “Districts”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), that provides for levy and collection of assessments by the County of Riverside for the City of
Hemet to pay the maintenance and services of landscaping and all appurtenant facilities and operations related thereto; and,

21.I

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023

THE CITY COUNCIL OF THE CITY OF HEMET FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

Section 1. The City Council hereby proposes to
form a new landscape maintenance district to levy and
collect assessments against the lots and parcels of land within the Hemet Landscape Maintenance District No. 112, PM 37196/CUP 16-006, (hereinafter referred to as the
“District”) to pay for the costs and expenses of the
improvements described in Section 3 hereof for the fiscal year commencing July 1, 2023 and ending June 30, 2024,
pursuant to the Landscaping and lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code (the “Act”) and as provided by Article XIII D of the California Constitution.

Section 2. The general location and boundaries of
the proposed District are shown on maps on file in the office of the City Clerk, open to public inspection, and by reference are made part of this resolution. The District is designated as: “Hemet Landscape Maintenance District No. 112, PM
37196/CUP 16-006.”
Section 3. The improvements within the Districts
include but are not limited to: the operation, maintenance and servicing of ornamental structures, landscaping,
including trees, shrubs, grass and other ornamental
vegetation, and appurtenant facilities, including irrigation systems, drainage devices and drywells located in public places within the boundaries of the District. Maintenance refers to the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant
facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping 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; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing refers to the furnishing of electricity for the irrigation and operation of the ornamental structures,
landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the

21.I

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023
maintenance of any of the ornamental structures,
landscaping and appurtenant facilities.

Section 4. The City Council hereby designates
Harris & Associates, as the Engineer for the purposes of these proceedings and orders the Engineer to prepare and file with the City Clerk a written report in accordance with Article XIII D, Section 4 of the California Constitution and Article 4 (commencing with Section 22565) of Chapter 1 of the Act for that portion of the fiscal year 2023-2024
commencing July 1, 2023 and ending June 30, 2024. Such
Report shall refer to the District by its distinctive designation.

Section 5. Lots or parcels within the District that
are owned or used by any county, city, city and county, special district or any other local or regional governmental entity, the State of California or the United States shall be assessed unless the City demonstrates by clear and
convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

Section 6. That the City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of passage and adoption thereof in the
records of the proceedings of the City Council of said City, in the minutes of the meeting at which resolution is passed and adopted.

PASSED, APPROVED, AND ADOPTED this 13 th day of
December, 2022.

Malcolm Lilienthal, Mayor

21.I

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023
ATTEST:

John Maier, City Clerk

21.I

CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Landscape Maintenance District No 113, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution is the actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 13 th day of December, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

John Maier, City Clerk

21.I

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Declaring its Intention to Form the City of Hemet Streetlight Maintenance District No. 112, PM 37196/CUP 16 -006, to Levy and Collect Assessments Within Such District and Preliminarily Appro ving the Report of the Engineer for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Appointing a Time and Place for Hearing Protests

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Declaring its Intention to Form the City of Hemet Streetlight Maintenance District No. 112, PM 37196/CUP 16-006, to Levy and Collect Assessments Within Such District and Preliminarily Approving the Report of the Engineer for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Divisio n 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Appointing a Time and Place for Hearing Protests.

BACKGROUND:

By its previous actio n the City Council approved Resolution Bill No. 2022-XXX initiating proceedings and ordering the engineer’s report in connection with the annual levy of assessments for the formation of Streetlight Maintenance District No. 112, CUP 16-006 for Fiscal Year 2023-2024. The assessments against the lots and parcels of land within the assessment districts will pay for the operation, maintenance and servicing of streetlights and appurtenant structures located in public places within the district boundary.

ANALYSIS:

The assessment engineer’s report has been prepared and is on file with the City Clerk. A public hearing notice will be published in the Press Enterprise, Hemet News, regarding the proposed annual streetlight assessment rates for Fiscal Year 2023-2024.

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STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

Objective 4: Increase employee retention by training and creating a po sitive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The consultant fee for the formation of the district in connection with the annual levy of assessments for the formation of the streetlight maintenance district is $5,350.00, to be paid from developer deposits.

ALTERNATIVE(S):

Do not approve this resolution and provide alternative direction to staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

SMDNo.112_Zanderson_FY 22-23_ResoDeclaring
ER Zanderson SMD No 112 FINAL

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CITY COUNCIL RESOLUTION BILL NO. 2022-XXX
Hemet Streetlight Maintenance District No 112, PM 37196/CUP 16-006 For Fiscal Year 2022-2023
1 2
3 4CITY OF HEMET
5Hemet, California
6RESOLUTION NO. 2022-XXX
7 8A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
9HEMET, CALIFORNIA DECLARING ITS INTENTION TO FORM
10THE CITY OF HEMET STREETLIGHT MAINTENANCE DISTRICT
11NO. 112, PM 37196/CUP 16-006, TO LEVY AND COLLECT
12ASSESSMENTS WITHIN SUCH DISTRICT AND PRELIMINARILY
13APPROVING THE REPORT OF THE ENGINEER FOR FISCAL
14YEAR 2023-2024 PURSUANT TO THE LANDSCAPING AND
15LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE
16CALIFORNIA STREETS AND HIGHWAYS CODE AND AS
17PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA
18CONSTITUTION; AND APPOINTING A TIME AND PLACE FOR
19HEARING PROTESTS.
20 21 The City Council of the City of Hemet (hereafter referred to as the “City Council”) does 22 resolve as follows:
23 24WHEREAS, The City Council of the City of Hemet, California has, by previous 25 resolutions, formed Districts known and designated as the Streetlight Maintenance 26 Districts (hereafter referred to as the “Districts”) pursuant to the provisions of the 27Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and 28Highways Code of California, beginning with Section 22500 (hereafter referred to as the 29 “Act”), that provides for levy and collection of assessments by the County of Riverside 30 for the City of Hemet to pay the maintenance and services of landscaping and all 31 appurtenant facilities and operations related thereto; and, 32 33
34THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS 35AND RESOLVES AS FOLLOWS:
36 37 Section 1. By its previous Resolution Bill No. 2022-XXX , the City Council 38 initiated proceedings pursuant to the Landscaping and Lighting Act of 1972, Part 2 of 39 Division 15 of the Streets and Highways Code, commencing with Section 22500 (the 40 “Act”) and as provided by Article XIII D of the California Constitution, for the formation of 41 the City of Hemet Streetlight Maintenance District No. 112, PM 37196/CUP 16-006 (the 42 “District”), described on maps on file in the office of the City Clerk and incorporated 43 herein by reference, and the levy and collection of assessments against the assessable 44 lots and parcels of land within such District for the 2023-2024 fiscal year and ordered 45 the Engineer, Harris & Associates, to prepare and file a written report in accordance 46 with Article XIII D, Section 4 of the California Constitution and Article 4 of Chapter 1 of

21.J

CITY COUNCIL RESOLUTION BILL NO. 2022-XXX
Hemet Streetlight Maintenance District No 112, PM 37196/CUP 16-006 For Fiscal Year 2022-2023
1 the Act. The Engineer has prepared and filed a written report (the “Report”) with the 2 City Clerk, which pertains to the proposed District, and by previous resolution the City 3 Council approved the Engineer’s Report.
4 5 Section 2. The City Council hereby (1) finds that the public interest and 6 convenience requires and (2) declares its intention to order the formation of the District 7 and to levy and collect assessments against the assessable lots and parcels of land 8 within such District for that portion of the fiscal year commencing July 1, 2023 and 9 ending June 30, 2024 to pay the costs and expenses of the improvements described in 10 Section 3 below. If the assessments, proposed by this resolution, are approved by the 11 property owners pursuant to a mailed ballot election conducted in accordance with 12 Article XIII D of the California Constitution, the City may increase the assessments, 13 commencing with fiscal year 2024-2025. The amount of the assessments for the 14 District can be increased each year, per Chapter 4 of Part 1 of Division 2 of Title 5 of the 15 Government Code, Section 53739(b)(1) based upon the following formula:
16 17 Future CPI adjustments in the assessment rate will be limited by the greater of four 18 percent (4%) or the cumulative percentage increase in the Consumer Price Index for all 19 Urban Consumers (“CPI-U”) for the Riverside-San Bernardino-Ontario California 20 Standard Metropolitan Statistical Area (“Index”) published by the Bureau of Labor 21 Statistics of the United States Department of Labor. The annual CPI-U adjustment will 22 be based on the cumulative increase, if any, in the Index as it stands on March of each 23 year over the base Index of 2023. Adjustments beyond the greater of four percent (4%) 24 or the CPI-U rate will require approval of the property owners of record as required by 25 Proposition 218 “The Right to Vote on Taxes Act”.
26 27 Section 3. The improvements within the District include but are not limited to:
28 installation, construction or maintenance of any authorized improvements under the Act, 29 streetlight improvements and any facilities which are appurtenant to any of the 30 aforementioned or which are necessary or convenient for the maintenance or servicing 31 thereof.
32 33 Section 4. The general location and boundaries of the proposed District are 34 shown on maps on file in the office of the City Clerk, are incorporated herein by 35 reference, and open to public inspection. The designation of the proposed District is as 36 follows: City of Hemet Streetlight Maintenance District No. 112, PM 37196/CUP 16-006. 37 38 Section 5. Reference is hereby made to the Engineer’s Report, on file in the 39 office of the City Clerk and open to public inspection, for a full and detail description of 40 the improvements, the boundaries of the proposed District and the proposed 41 assessments upon assessable lots and parcels of land within the proposed District. 42 43 Section 6. Notice is hereby given that the 10 th day of January, 2023 at 7:00pm 44 in the Council Chambers of the City of Hemet, 450 E. Latham Avenue, Hemet, 45 California 92543, is the time and place fixed for a public hearing by the City Council on 46 the question of the levy and collection of assessments for fiscal year 2023-2024 against

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CITY COUNCIL RESOLUTION BILL NO. 2022-XXX
Hemet Streetlight Maintenance District No 112, PM 37196/CUP 16-006 For Fiscal Year 2022-2023
1 lots and parcels of land within the District. At the hearing, all interested persons shall be 2 afforded the opportunity to hear and be heard. Procedures of the City applicable to the 3 completion, return, and tabulation of the ballots required pursuant to Article XIII D, 4 Section 4 of the California Constitution are on file in the office of the City Clerk and open 5 to public inspection.
6 7 Section 7. The City Clerk is hereby authorized and directed to give notice of 8 the public hearing as set forth in Section 6 in accordance with law. 9 10 Section 8. Lots or parcels within the District that are owned or used by any 11 county, city, city and county, special district or any other local or regional governmental 12 agency, the State of California, or the United States shall be assessed unless the City 13 demonstrates by clear and convincing evidence that such lots or parcels receive no 14 special benefit from the proposed improvements.
15 16
17 18
19 PASSED, APPROVED, AND ADOPTED this 13 th day of December, 2022. 20 21
22 23
24Malcolm Lilienthal, Mayor
25 26
27 28ATTEST:
29 30
31 32John Maier, City Clerk
33

21.J

CITY COUNCIL RESOLUTION BILL NO. 2022-XXX
Hemet Streetlight Maintenance District No 112, PM 37196/CUP 16-006 For Fiscal Year 2022-2023
1 2State of California )
3County of Riverside )
4City of Hemet )
5 6
7 I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing 8 resolution is the actual resolution adopted by the City Council of the City of Hemet and 9 was passed at a regular meeting of the City Council on the 13 th day of December, 2022 10 by the following vote:
11 12
13 14AYES:
15NOES:
16ABSTAIN:
17ABSENT:
18 19
20 21
22John Maier, City Clerk
23 24
25 26
27 28
29 30
31

21.J

CITY OF HEMET
ENGINEER’S REPORT FOR

STREETLIGHT MAINTENANCE DISTRICT
NO. 112 (PM 37196/CUP 16-006)
November 2022

PREPARED BY

41593 Winchester Rd, Suite 200
Temecula, CA 92590
www.weareharris.com

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

TABLE OF CONTENTS

Engineer’s Certification ................................................................................................. i Executive Summary ....................................................................................................... 1 A. Introduction ............................................................................................................. 1 B. Assessment District ................................................................................................. 2 Part I – Plans and Specifications ................................................................................... 3 A. Description of the Assessment District .................................................................. 3 B. Description of Improvements and Services Authorized by the Landscaping and Lighting Act of 1972 ........................................................................................ 3 C. Improvements and Services for SMD No. 112 ....................................................... 4

Part II – Method of Apportionment .............................................................................. 6 A. Method of Apportionment .................................................................................... 6 B. Annual Assessment .............................................................................................. 10 C. Maximum Assessment Methodology .................................................................. 14

Part III – Cost Estimate ................................................................................................ 16 Part IV – Assessment Diagrams/Boundary Map ......................................................... 17 Part V – Assessment Rolls ........................................................................................... 19

21.J

Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

i
ENGINEER’S CERTIFICATION
AGENCY: THE CITY OF HEMET

PROJECT: FORMATION OF CITY OF HEMET
STREETLIGHT MAINTENANCE DISTRICT NO. 112

TO: THE CITY COUNCIL OF THE

CITY OF HEMET

STATE OF CALIFORNIA

ENGINEER’S REPORT
LANDSCAPING AND LIGHTING ACT OF 1972, DIVISION 15 OF THE

STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA

Pursuant to the provisions of Sections 22565 through 22574 of the Landscaping and Lighting Act of 1972, said act being Part 2 of Division 15 of the California Streets and Highways Cod e (“1972 Act”), in compliance with the substantive and procedural requirements of Articles XIII C and XIII D (Proposition 218) of the California Constitution, recent court precedent and under the direction of the City Council of the City of Hemet, California (“City Council”), submitted herewith is the Engineer’s Report (“Report”) for the City of Hemet (“City”).

This Report provides for the formation of the City of Hemet Streetlight Maintenance District No. 112 (“SMD No. 112” or “District”) as required under the terms of PM 37196/CUP 16-006 issued for the development of the following Assessor Parcel Numbers (APNs):
444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029

This Report also establishes the Maximum Assessment to be levied commencing with Fiscal Year 2023-2024 (i.e., commencing July 1, 2023 and ending June 30, 2024) and continuing in all subsequent Fiscal Years, for the area to be known and designated as:

SMD No. 112
I do hereby assess and apportion the total amount of the costs and expenses upon parcels of land within the designated area liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said services.

21.J

Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

ii

I, the appointed Engineer, acting on behalf of the City of Hemet, pursuant to the 1972 Act, do hereby submit the following:
• The costs and expenses of the District which have been assessed upon the parcels of land in the District benefited t hereby in direct proportion and relation to the estimated benefits to be received by each of said parcels pursuant to the provisions of law. • An Assessment Diagram/Boundary Map is filed herewith as required by law, showing the District as well as the bound aries and dimensions of the respective parcels or lots and subdivisions of land within said District, as the same exist as of the date of this Report.

Reference is made to the Assessor Parcel Map for a description of the lots or parcels. • An Assessment Roll showing the annual assessment for each parcel corresponding to the numbers assigned to each parcel by the Riverside County Assessor and are current as of the date of this Report.

In conclusion, it is my opinion that the assessments for Streetlight Maintenance District No. 112 have been spread in accordance with the benefits that each parcel receives from the items being financed.

DATED this 30th day of November 2022

___________________________________________
Alison M. Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
County of Riverside
State of California

21.J

Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

1 EXECUTIVE SUMMARY
A. Introduction
Pursuant to the provisions of Sections 22565 through 22574 of the Landscaping and Lighting Act of 1972, said act being Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) , in compliance with the substantive and procedural requirements of Articles XIII C and XIII D (Proposition 218) of the California Constitution and recent court precedent, the costs and expenses of Streetlight Maintenance District No. 112 (“SMD No. 112” or “District”) have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included in Part IV of this Report. On the 13th day of December, 2022 the City Council, City of Hemet, State of California, ordering the preparation of the Engineer’s Report (“Report”) providing for the formation of SMD No. 112 did, pursuant to the provisions of the 1972 Act, adopt Resolution No. 22-________ for a special assessment district known and designated as:

SMD No. 112
The formation of SMD No. 112 includes the parcel identified by the Assessor Parcel Numbers (APNs) valid as of the date of this Report:
444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029

Establishment of a streetlight maintenance district for the maintenance of improvements in perpetuity is a prerequisite for development of these parcels or any future subdivision of land under the terms of PM 37196/CUP 16-006.

As required by law, an Assessment Diagram/Boundary Map is f iled herewith, showing the District, as well as the respective parcels and subdivisions of land within said District as they exist on the date of this Report. Each of which subdivisions of land into parcels or lots, respectively, has been assigned a distin ctive number and is so indicated on the Assessment Diagram/Boundary Map and in the Assessment Roll contained herein. Harris submits this Report, consisting of five parts, for the formation of SMD No. 112 and the establishment of the Maximum Assessment to b e levied and collected commencing Fiscal Year 2023-2024 and continuing in subsequent fiscal years.

Part I

21.J

Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

2 Plans and Specifications: A description of SMD No. 112 boundaries and the proposed improvements within said District. The District shall consist of one parcel which comprise s the commercial development known as SMD No. 112. The proposed improvements described in this Report are based on the requirements of PM 37196/CUP 16-006 and the current development and improvement plans provided to Harris by the City of Hemet as of the date of this Report. (1) Unsigned Parcel Map 37196 by Albert Webb & Associates – Civil Engineers, dated March 2018 and (2) Conditional Use Permit 16- 006 (“Plans”) are on file in the office of the City Engineer and are incorporated into this Report by reference.

Part II
Method of Apportionment: A narrative of the property benefits from the improvements and the method of calculating each property’s proportional special benefit and annual assessment. The proposed initial Maximum Assessment established for SMD No. 112 is based on current property development Plans and estimated annual costs and expenses associated with all improvements to be accepted and maintained by SMD No. 112 at build-out.

Part III
Cost Estimate: An estimate of the cost of the streetlight improvements maintenance and services, including incidental costs and expenses in connection therewith, for Fiscal Year 2023-2024.

Part IV
Assessment Diagram/Boundary Map: An Assessment Diagram/Boundary Map showing the parcels of land included within the boundaries of SMD No. 112. For details concerning the lines and dimensions of the applicable Assessor’s Parcel Numbers, refer to the County Assessor’s Maps as of the date of this Report.

Part V
Assessment Roll: A listing of the Assessor’s Parcel Numbers, or the lot/unit numbers assigned for subdivided parcels, and the initial Maximum Assessment per parcel or lot/unit to be applied on the tax roll for Fiscal Year 2023-2024.

B. Assessment District
The improvements and services to be provided by SMD No. 112 generally include streetlight operation and maintenance. The formation of SMD No. 112 will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements and services will be funded in perpetuity. SMD No. 112’s structure, proposed improvements, method of apportionment and assessments described in this Report are based on the Plans provided to Harris as of the date of this Report, including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the proposed improvements.

21.J

Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

3 PART I – PLANS AND SPECIFICATIONS
A. Description of the Assessment District
SMD No. 112 is located within the City of Hemet, County of Riverside, State of California generally north of Menlo Avenue, south of Fruitvale Ave, east of Sanderson Avenue and west of La Habra Ave.

At full development, SMD No. 112 is projected to include six assessable commercial parcels and zero non-assessable parcels. SMD No. 112 consists of all lots/units, parcels and subdivisions of land located in the developmen t area currently defined by the following Assessor Parcel Number s as of the date of this Report:
444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029

A general boundary map for the District is presented in Part IV of this Report.

B. Description of Improvements and Services Authorized by the Landscaping and Lighting Act of 1972
As applicable to the District, the 1972 Act (specifically, Section 22525 of the California Streets and Highways Code) defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities, including, but not limited to, street lights and traffic signals.
• The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The installation of park or recreational improvements, including, but not limited to, all of the following:
o Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
o Lights, playground equipment, play courts, and public restrooms.

21.J

Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

4 o
• The maintenance or servicing, or both, of any of the foregoing, and any of the improvements authorized in Streets and Highways Code Section 22525 (i). • The acquisition of land for park, recreational, or open-space purposes. • The acquisition of any existing improvement otherwise authorized pursuant to this section. • The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.

Section 22526 of the California Streets and Highways Code states that “incidental expenses” associated with the improvements include, but are not limited to the following:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
• The costs of printing, advertising, and the giving of published, posted, and mailed notices. • Compensation payable to the County for collection of assessments. • Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
• Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the California Streets and Highways Code.
• Costs associated with any elections held for the approval of a new or increased assessment.

Section 22531 of the 1972 Act defines “maintain” or “maintenance” to mean the following:
• Furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating [vegetation] for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. Improvements and Services for SMD No. 112
SMD No. 112 provides for the collection of annual assessments to fund the ongoing maintenance and servicing of public lighting facilities, specifically streetlights, to be constructed on Sanderson Ave and Menlo Ave within the public right-of-way of the following parcels:

21.J

Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

5 444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029

The assessments will also fund any appurtenant facilities and related incidental expenses including, but not limited to, the cost of personnel, electrical energy, materials, equipment, contracting services, and other items necessary for the satisfactory operation of these services which are the responsibility of SMD No. 112.

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

6 PART II – METHOD OF APPORTIONMENT

A. Method of Apportionment
The proposed improvements, the associated costs, and assessments have been carefully reviewed, identified, and allocated based on special benefit.

Streetlight operation and maintenance are the responsibility of SMD No. 112.

The 1972 Act permi ts the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include dedicated easements for streetlight use, and appurtenant facilities. Section 22573 of the 1972 Act gives the following instruct ions for apportioning assessments to the parcels within the district:
“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 formula used for calculating assessments for parcels within SMD No. 112, which reflects the composition of the parcels and the improvements and services which are the responsibility of SMD No. 112, fairly apportions the costs based on the estimated benefit to each parcel.

In addition, Article XIII D of the California Constitution (“Article”) requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the C ity must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit.

Equivalent Benefit Units
A methodology, which takes into consideration the impact of land use and parcel size, has been developed and applied to SMD No. 112. This methodology, called Equivale nt Benefit Units (EBUs), calculates the EBUs for each parcel where every land use is converted to EBUs based on the assessment formula appropriate for the City. Single Family Residential, which includes

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

7 Condominiums, is defined as the basic unit for calcul ation of assessments and assigned 1 EBU per parcel. Multi-Family Residential (Apartments and Mobile Home Parks) are converted to EBUs based on the number of dwelling units on each parcel. Commercial/Industrial, Vacant Property/Parks, and certain Public Property, such as Schools, are converted to EBUs based on the lot size of each parcel of land. Property Owners Association Property, Public Property and Exempt parcels are assigned zero EBUs. The EBU method is seen as the most appropriate and equitable for streetlight maintenance districts, as the benefit to each parcel from the improvements are apportioned as a function of land use type and parcel size.

Parcel Classification
Residential:

Residential: Residential means a parcel for which a building permit has been issued permitting construction of one or more Residential dwelling units. Residential parcels shall be further classified as Single Family Residential, Condominium, and Multi-Family Residential. • Single Family Residential (SFR): SFR means all parcels of residentia l property, other than Multi-Family Residential Property. The SFR parcel is the basic unit for calculation of the benefit assessments. Parcels designated as SFR land use will be assigned 1 EBU per dwelling unit, including vacant subdivided residential lots.
• Condominium: Condominium means all parcels of developed property within a residential building or buildings comprised of dwelling units with each unit having individual ownership and assigned an individual assessor parcel number. Condominiums will be treated the same as SFR units. Therefore, parcels designated as Condominium land use will be assigned 1 EBU per dwelling unit.
• Multi-Family Residential (Apartments) and Mobile Home Parks: Multi -Family Residential (Apartments) means all parcels of property that consist of a residential building or buildings comprised of attached dwelling units available for rental by the general public, not for sale to an end user, and under common management. Mobile Home Parks means all parcels of land with manufactured homes, all under common management.

The lower av erage population density and reduced average unit size of apartments and mobile homes compared to the typical population density and size of a SFR results in a lesser benefit per unit from landscaping improvements maintenance and services. The average apar tment unit impacts infrastructure approximately 80% as much as a single family residence, while the average mobile home unit impacts infrastructure approximately 50% as much.

Therefore, the EBUs assigned to a Multi -Family Residential or a Mobile Home Park parcel are calculated based on the number of dwelling units and the appropriate Equivalent Benefit Factor (as shown in Table 1). Specifically, the Equivalent Benefit Factor for multi-residential (0.8) is multiplied by the number of dwelling units on the parcel to determine the total EBUs for the multi -unit

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

8 residential parcel. Similarly, the total EBUs for a mobile home park parcel are calculated by multiplying the Equivalent Benefit Factor (0.5) by the number of mobile home units on the parcel.

Non-Residential: Non -Residential means a parcel for which a building permit has been issued permitting construction of one or more Non-Residential structures. Non-Residential parcels shall be further classified as Commercial/Industrial, Vacant Property/Parks, Property Owners Association Property, Public Property/Schools and Exempt.
• Commercial/Industrial: Commercial/Industrial means non -residential parcels that are not Exempt, Public Property, Property Owners Association Property, or Vacant, and are used for retail, professional, medical, restaurant, government, institutional, financial, lodging, or other commercial/industrial related uses. These parcels are assigned EBUs based on acreage. In converting Commercial/Industrial properties to EBUs, the factor used is the City of Hemet average single family residential density of 2.58 dwelling units per acre (as derived from the City of Hemet 2030 General Plan, Table 2. 1 - Development Capacity, dated January 24, 2012 (Hemet General Plan)). Therefore, the Commercial/Industrial parcels, including institutional uses, will be assigned 3.50 EBUs per acre.
• Vacant Property/Parks: Vacant Property means parcels with no improved structures. These parcels are assigned EBUs based on acreage and receive less special benefit than SFR parcels.

Therefore, Vacant Property will be assigned EBUs at th e rate of 25% of the SFR parcels density of 2.58 dwelling units per acre (as derived from the Hemet General Plan), or 0.65 EBUs per acre (25% of 2.58 EBUs), up to a maximum of 5 acres per parcel, regardless of parcel size. Parks will be assessed at the same rate as Vacant Property as they receive the same type of special benefits as vacant parcels. Vacant parcels with approved subdivision maps filed on them will be assessed at the rate appropriate to their future designated use. • Property Owners Association Property (POAP): Property Owners Association Property means all parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association. The ultimate benefactors of the se parcels are the property owners themselves. Therefore, the costs of providing streetlight improvements maintenance and services to these parcels will be spread to the taxable parcels in the District and exempt the POAP parcels from assessment.

These par cels are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed.
• Public Property/Schools: Public property means all parcels which are (i) used for rights -of- way or any other purpose and are owned by, dedicated to, or irrevocably offered for dedication to the federal government, the state, the county, City or any other public agency, provided however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1
of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

9 forth in the easement. Public property not leased to a private agency or utility easements, as described in section (ii) above, are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed. Schools will be assessed as Commercial/Industrial uses for those portions of the parcels with building improvements on them, and the playground and athletic fields will not be assessed as they are the same as Property Owners Association Property with no development potential.
• Exempt: Exempt means any parcel dedicated as public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of-way, public greenbelts, parkways and that portion of public property that is not developed or used for business purposes similar to private commercial, industrial and institutional activities.

Also defined as Exempt parcels are utility rights -of-way, common areas (such as in condominium complexes), landlocked parcels and small parcels vacated by the City as these parcels have little or no development potential and do not benefit from the improvements.

These parcels are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed.

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

10 Determination of Rate
A summary of Equivalent Benefit Unit (EBU) rates is shown in Table 1:

TABLE 1
Land Use Category
Basic
Unit
Equivalent
Benefit
Factor EBU Rates
Residential:

Single Family Residential 1 D.U. X 1.00 = 1 EBU/DU
Condominium 1 D.U. X 1.00 = 1 EBU/DU
Multi-Family Apartments 1 D.U. X 0.800 = 0.8 EBU/DU
Mobile Home Park
1 Space X 0.5 = 0.50 EBU/Space
Non-Residential:

Commercial/Industrial
Per
Acre X 3.50 = 3.50 EBU/Acre
Schools
Per
Acre X 3.50 =

3.50 EBU/Acre
Area of Building Improvements
Vacant Non-Residential/Parks
Per
Acre X 0.65 =

0.65 EBU/Acre
5 Acre Max
POAP, Public & Exempt N/A X 0.00 = 0.00 EBU/DU

B. Annual Assessment
The Method of Apportionment of the Assessment is based upon the relative special benefit derived from the improvements and conferred upon the assessable real property within SMD No. 112 over and above general benefit conferred upon the assessable real property within SMD No. 112 or to the public at large. The assessment for each assessable parcel within SMD No. 112 is calculated as follows:

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

11 Each parcel currently within the District will be placed into one of the designated categories by land use. Using the EBU factor for the applicable land use category in Table 1 above, multiply the EBU factor rate by the number of Basic Units for each parcel to determine the number of EBUs for that parcel.

Once the total costs and the total number of EBUs associa ted with all parcels within the District are determined, the total costs are divided by the total EBUs to determine an assessment rate for each EBU in the District.

Total District Costs ÷ Total Number of EBUs in District = District Assessment Rate per EBU

Each individual parcel’s assessment will then be determined by multiplying the District assessment rate by the parcel’s total EBUs.

District Assessment Rate per EBU x Parcel’s Total EBUs = Parcel’s Annual Assessment

Currently, there is one commercial parcel located in the District. Applying the EBU formula ( 3.50 EBUs x 7.71 acres) results in a total EBU count of 26.99 EBUs for SMD No. 112.

The maximum assessment rate is subject to a cost of living increase as explained in the Maximum Assessment Methodology section below.

Separation of Special Benefit and General Benefit
The identified improvements and services provide benefits to the parcels located within the District.

Some of these benefits are “special benefits,” benefits that are above and beyond those “general benefits” provided to the public at large or properties located outside the District. Under Assessment Law, only “special benefits” are assessable. As such, isolation and quantification of the “special benefits” associated with the i mprovements and services are paramount . In order to isolate the “Special Benefits,” it is necessary to quantify the amount of “General Benefits” associated with the improvements and services.

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

12 Local Lighting.

Special Benefit. The operation, maintenance and servicing of lighting along local streets in close proximity to certain lots or parcels provides a special benefit to such lots or parcels by providing illumination resulting in: 1) improved security of such lots or parcels, 2) improved ingress and egress from such lots or parcels by illuminating access after sunset, and 3) improved nighttime visibility for the local access of emergency vehicles. Local lighting typically consists of 40 watt lights.

Street lights on or associa ted with traffic signals located at arterial -to-local connectors are considered to be 100% special benefit to those developments taking direct access at these intersections.

General Benefit. There are no general benefits associated with local lighting.

Arterial Lighting.

Special Benefit. The operation, maintenance and servicing of arterial lighting provides a special benefit to each and every assessable lot or parcel within the development or vicinity which are adjacent to such lighting resulting in: 1) improved nighttime visibility for the access of emergency vehicles, and 2) improved safety and traffic circulation to and from parcels. Arterial lighting typically consists of 100 watt, or larger, lights; however, special benefit is assigned consistent with local lighting wattage.

General Benefit. The city recognizes that a portion of the maintenance, operation and servicing of those Street Lighting Improvements that are a part of the city’s arterial lighting improvements provide a general benefit to the pub lic at large, which equates to the higher level of lighting required on arterial roads.

The general benefits associated with Arterial Lighting are attributable to the higher level of lighting required for an arterial roadway. That higher level of lighting provides a measure of safety for the additional width of the street. Local and collector roadways require only 9,500 lumen lights (typically 40 watt lights) and arterial roadways require 22,000 lumen lights (typically 100 watt lights or more).

The amount of general benefit is the percentage difference between the average annual electrical costs to illuminate a light on an arterial street verses a local collector street. (Electrical costs are used in this comparison, as the person nel and replacement costs for the various lumens and wattages of lights are virtually the same.) The following table shows the calculation of the general benefit percentage for streetlights costs.

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

13 FY 2022-23 COST ESTIMATE COMPARISON OF ELECTRICAL

COSTS FOR THE STREET LIGHTS WITHIN THE CITY
Street Type
Lamp
Size
(Watts)
Lamp
Type
Annual
Cost per
Light
Low wattage lights
for local streets 40 LED $151.17
High wattage lights
for arterial streets 130 LED $197.91
Difference =
General Benefit $46.74
General Benefit
Percentage 23.62%

Therefore, 23.62% of the Street Lighting Improvements in the District are considered general benefit, and only 76.38% of these Street Lighting Improvements will be used to estimate the special benefit costs.

Based on the benefits described above, streetlight improvements are an integral part of the quality of life within the District. This quality of life is a special benefit to all parcels within the District except government-owned parcels or easements, utility easements, or flood channel parcels. Government - owned parcels or easements, utility easements, and flood channel parcels do not benefit from the improvements due to their type of use and lack of human habitation on such parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote frequent use by the traveling public. As a result of this lack of activity on such parcels, they do not receive any benefit from streetlight improvements and are not assessed.

Special Benefits of SMD No. 112 Authorized Improvements and Services The special benefits of street lighting are the provision of energy, convenience, safety, security of property, improvements to be installed and maintained are specifically:
• Enhanced deterrence of crime such as vandal ism and other criminal activities, reducing damage to improvements or property.

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

14 • Improved visibility to assist police in the protection of property. • Increased nighttime safety on roads and streets by reducing nighttime accidents and personal property loss.
• Improved traffic circulation.
• Improved visibility for egress from and ingress to the property.

Summary
In summary, no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property. The special benefit proportionate share of the costs and expenses for the provision of streetlighting, as well as costs and expenses for the maintenance of streetlights are apportioned on an EBU basis and assessed only for special and direct benefits. The general benefit will be funded by the City General Fund or other financial sources.

C. Maximum Assessment Methodology
The purpose of establishing a Maximum Assessment formula is to provide for reasonable increases and inflationary adjustments to annual assess ments without requiring costly noticing and mailing procedures, which would add to the District costs and assessments.

The Maximum Assessment formula shall be applied to all assessable parcels of land within the District.
• For SMD No. 112, the initial Maximum Assessment for Fiscal Year 2023-2024 shall be a total of $554.35 or $20.54 per EBU as detailed in Part III.

The initial Maximum Assessment is subject to an annual inflator starting in Fiscal Year 202 4-2025.

The initial Maximum Assessment may be adjusted by the greater of four percent (4%) per year or the cumulative percentage increase in the Consumer Price Index for all Urban Consumers for (“CPI -U”) for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area (“Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. The annual CPI- U adjustment will be based on the cumulative increase, if any, in the Index as it stands in March of each year over the base Index of 2023.

The Maximum Assessment is adjusted annually and is calculated independent of the SMD No. 112 annual budget and proposed annual assessment. The annual assessment (rate per assessable parcel) applied in any fiscal year is not considered to be an increased assessment if less than or equal to the Maximum Assessment amount for that fiscal year. In no case shall the annual assessment exceed the Maximum Assessment.

Although the Maximum Assessment will increase each year, the actual SMD No. 112 assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establ ish a reasonable limit on SMD No. 112 assessments. The Maximum Assessment calculated each year does

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

15 not require the annual assessment be raised to the adjusted maximum but can be less than maximum.

If the budget and assessments for the fiscal year require an increase to an amount greater than the adjusted Maximum Assessment, it is considered an increased assessment.

To impose an increased assessment, the City of Hemet must comply with the provisions of California Constitution Articles XIII C and XIII D, which require a public hearing and certain protest procedures including mailed notice of the public hearing and prop erty owner protest balloting. Through the balloting process, property owners must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for SMD No. 112. If the proposed assessment is not approved, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for SMD No. 112.

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

16 PART III – COST ESTIMATE

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Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

17 PART IV – ASSESSMENT DIAGRAM/BOUNDARY MAP
Part IV – Assessment Diagram/Boundary Map
Fiscal Year 2023-2024 SMD No. 112
The Assessment Diagram/Boundary Map for SMD No. 112 by this reference is incorporated and made a part of this Report. Only the parcels identified within the SMD No. 112 Assessment Diagram/Boundary Map are within said boundary.

If any parcel submitted for collection is identified by the County Auditor -Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number (or numbers) will be identified and resubmitted to the County Auditor -Controller. The assessment amount to be levied and collected for the resubmitted parcel and/or new parcel number(s) shall be based on the method of apportionment and the assessment rate as defined in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and the assessment rate rather than as a proportionate share of the original assessment.

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Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

18

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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006

19 PART V – ASSESSMENT ROLL
Parcel identification for each lot/unit or parcel within SMD No. 112 shall be the parcel as shown on the Riverside County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. SMD No. 112 includes the following APN(s) as of the date of this Report:
444-100-024
444-100-025
444-100-026
444-100-027
444-100-028
444-100-029

The initial Maximum Assessment for each parcel will be as follows.

STREETLIGHT MAINTENANCE DISTRICT NO. 112 (PM 37196/CUP 16-006) PROPOSED FISCAL YEAR 2023-2024 MAXIMUM ASSESSMENT2

Assessor Parcel
Number Acres EBUs
Maximum
Assessment
444-100-024 1.07 3.75 $76.92
444-100-025 1.00 3.50 $71.91
444-100-026 1.29 4.52 $92.81
444-100-027 .99 3.47 $71.07
444-100-028 .98 3.43 $70.51
444-100-029 2.38 8.32 $171.13
TOTAL 7.71 26.99 $554.35

1 The Assessment for each Assessable Parcel, when submitted to the tax roll, will be rounded to even pennies, as required by the Riverside County Auditor -Controller to allow for the equal division of 2 installment payments on the property tax bill.
2 The initial Maximum Assessment may be adjusted annually by the greater of four percent (4%) per year, or the cumulative percentage increase in the CPI-U, if any, as it stands in March of each year over the base Index of 2023.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Formation of Hemet Streetlight Maintenance District No. 112, PM 37196/PM 37196/CUP 16 -006, and the Levy and Collection of Assessments Within Such District for Fiscal Year 2023 -2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Ordering the Preparation of an Engineer’s Report

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Formation of Hemet Streetlight Maintenance District No. 112, PM 371 96/PM 37196/CUP 16-006, and the Levy and Collection of Assessments Within Such District for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Art icle XIII D of the California Constitution, and Ordering the Preparation of an Engineer’s Report.

BACKGROUND:

Harris & Associates has previously prepared the assessment engineering report in connection with the annual levy of assessments for the existing citywide streetlight maintenance districts. The assessments against the lots and parcels of land within the assessment district will pay for the operation, maintenance and servicing of streetlights and appurtenant structures. As part of an agreement with the City, the property owner of this 7.71 acre site located on the northeast corner of Sanderson Avenue and Menlo Avenue has agreed to the establishment of a Streetlight Maintenance District for the purpose of maintaining the streetlight located on Sande rson Avenue and Menlo Avenue immediately adjacent to the site.

ANALYSIS:

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The formation of Streetlight Maintenance District No. 112 for CUP 16-006 will provide the City a funding mechanism for the ongoing operation and maintenance of the streetlights along the right-of-way in front of the commercial project located on Sanderson.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilitie s.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The consultant fee for the formation of the district in connection with the annual levy of assessments for the formation of the streetlight maintenance district is $5,350.00 to be paid from developer deposits.

ALTERNATIVE(S):

Do not approve this resolution and provide alternative direction to staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

SMDNo.112_Zanderson_FY 22-23_ResoInitiating

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HEMET,

CALIFORNIA, INITIATING

PROCEEDINGS FOR THE

FORMATION OF HEMET

STREETLIGHT MAINTENANCE
DISTRICT NO. 112, PM 37196/PM
37196/CUP 16-006, AND THE LEVY

AND COLLECTION OF

ASSESSMENTS WITHIN SUCH
DISTRICT FOR FISCAL YEAR 2023-
2024 PURSUANT TO THE

LANDSCAPING AND LIGHTING ACT
OF 1972, PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND AS

PROVIDED BY ARTICLE XIII D OF
THE CALIFORNIA CONSTITUTION;

AND ORDERING THE PREPARATION
OF AN ENGINEER’S REPORT
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council of the City of Hemet,
California has, by previous resolutions, formed Districts known and designated as the Streetlight Maintenance
Districts (hereafter referred to as the “Districts”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), that provides for levy and collection of assessments by the County of Riverside for the City of
Hemet to pay the maintenance and services of street lighting and all appurtenant facilities and operations related thereto; and,

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023

THE CITY COUNCIL OF THE CITY OF HEMET FINDS,

DETERMINES, ORDERS, AND RESOLVES AS
FOLLOWS:

Section 1. The City Council hereby proposes to
form a new streetlight maintenance district to levy and collect assessments against the lots and parcels of land within the Hemet Streetlight Maintenance District No. 112, (hereinafter referred to as the “District”) to pay for the costs and expenses of the improvements described in Section 3 hereof for the fiscal year commencing July 1, 2023 and ending June 30, 2024, pursuant to the Landscaping and lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code (the “Act”) and as provided by Article XIII D of the California Constitution.

Section 2. The general location and boundaries of
the proposed District are shown on maps on file in the office of the City Clerk, open to public inspection, and by reference are made part of this resolution. The District is designated as: “Hemet Streetlight Maintenance District No. 112, PM 37196/CUP 16-006.”
Section 3. The improvements within the District
include but are not limited to: installation, construction or maintenance of any authorized improvements under the Act, streetlight improvements and any facilities which are
appurtenant to any of the aforementioned or which are
necessary or convenient for the maintenance or servicing thereof.

Section 4. The City Council hereby designates
Harris & Associates, as the Engineer for the purposes of these proceedings and orders the Engineer to prepare and file with the City Clerk a written report in accordance with Article XIII D, Section 4 of the California Constitution and Article 4 (commencing with Section 22565) of Chapter 1 of the Act for that portion of the fiscal year 2023-2024
commencing July 1, 2023 and ending June 30, 2024. Such
Report shall refer to the District by its distinctive designation.

Section 5. Lots or parcels within the District that
are owned or used by any county, city, city and county, special district or any other local or regional governmental entity, the State of California or the United States shall be

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023
assessed unless the City demonstrates by clear and
convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

Section 6. That the City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of passage and adoption thereof in the
records of the proceedings of the City Council of said City, in the minutes of the meeting at which resolution is passed and adopted.

PASSED, APPROVED, AND ADOPTED this 13 th day of
December, 2022.

Malcolm Lilienthal, Mayor
ATTEST:

John Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 112, PM 37196/CUP 16- 006
For Fiscal Year 2022-2023
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do
hereby certify that the foregoing resolution is the actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 13th day of December, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

James Maier, City Clerk

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Declaring its Intention to Form the City of Hemet Streetlight Maintenance District No. 113, CUP 19 -015, to Levy and Collect Assessments Within Such District and Preliminarily Approving the Report of the Engineer for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Appointing a Time and Place for Hearing Protests

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

A Resolution of the City Council of the City of Hemet, California, Declaring its Intention to Form the City of Hemet Streetlight Maintenance Dist rict No. 113, CUP 19 -015, to Levy and Collect Assessments Within Such District and Preliminarily Approving the Report of the Engineer for Fiscal Year 2023 -2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California St reets and Highways Code and as Provided by Article XIII D of the California Constitution, and Appointing a Time and Place for Hearing Protests.

BACKGROUND:

By its previous action, the City Council approved Resolution Bill No . 2022-XXXinitiating proceedings and ordering the engineer’s report in connection with the annual levy of assessments for the formation of Streetlight Maintenance District No. 113, CUP 19 -015 for the Fiscal Year 2023 -2024. The assessments against the lots and parcels of land within t he assessment districts will pay for the operation, maintenance, and servicing of streetlights and appurtenant structures located in public places within the district boundary.

ANALYSIS:

The assessment engineer’s report has been prepared and is on file with the City Clerk. A public hearing notice will be published in the Press Enterprise, Hemet News, regarding the proposed annual streetlight assessment rates for Fiscal Year 2023-2024.

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STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilitie s.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The consultant fee for the formation of the district in connection with the annual levy of assessments for the formation of the streetlight maintenance district is $5,566.14, to be paid from developer deposits.

ALTERNATIVE(S):

Do not approve this staff report and resolution and provide alternative direction to staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

SMDNo.113_HolidayInnExpress_FY 22-23_Declaring
ER HolidayInnExpress SMD No 113_FINAL

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023

1. CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HEMET,

CALIFORNIA DECLARING ITS

INTENTION TO FORM THE CITY OF

HEMET STREETLIGHT
MAINTENANCE DISTRICT NO. 113,
CUP 19-015, TO LEVY AND COLLECT

ASSESSMENTS WITHIN SUCH

DISTRICT AND PRELIMINARILY

APPROVING THE REPORT OF THE
ENGINEER FOR FISCAL YEAR 2023-
2024 PURSUANT TO THE

LANDSCAPING AND LIGHTING ACT
OF 1972, PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND AS

PROVIDED BY ARTICLE XIII D OF
THE CALIFORNIA CONSTITUTION;

AND APPOINTING A TIME AND

PLACE FOR HEARING PROTESTS
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council of the City of Hemet,
California has, by previous resolutions, formed Districts known and designated as the Streetlight Maintenance
Districts (hereafter referred to as the “Districts”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), that provides for levy and collection of assessments by the County of Riverside for the City of
Hemet to pay the maintenance and services of streetlights and all appurtenant facilities and operations related thereto; and,

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023

THE CITY COUNCIL OF THE CITY OF HEMET FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

Section 1. By its previous Resolution Bill No. 2022-
XXX , the City Council initiated proceedings pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code, commencing with
Section 22500 (the “Act”) and as provided by Article XIII D of the California Constitution, for the formation of the City of Hemet Streetlight Maintenance District No. 113, CUP 19-015 (the “District”), described on maps on file in the office of the City Clerk and incorporated herein by reference, and the levy and collection of assessments against the assessable lots and parcels of land within such District for the 2023-2024 fiscal year and ordered the Engineer, Harris & Associates, to prepare and file a written report in accordance with Article XIII D, Section 4 of the California Constitution and Article 4 of Chapter 1 of the Act. The Engineer has prepared and filed a written report (the “Report”) with the City Clerk, which pertains to the proposed District, and by previous resolution the City Council approved the Engineer’s Report.

Section 2. The City Council hereby (1) finds that
the public interest and convenience requires and (2)
declares its intention to order the formation of the District and to levy and collect assessments against the assessable lots and parcels of land within such District for that portion of the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay the costs and expenses of the
improvements described in Section 3 below. If the
assessments, proposed by this resolution, are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution, the City may increase the assessments,
commencing with fiscal year 2024-2025. The amount of the assessments for the District can be increased each year, per Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, Section 53739(b)(1) based upon the following
formula:

Future CPI adjustments in the assessment rate will be
limited by the greater of four percent (4%) or the cumulative percentage increase in the Consumer Price Index for all Urban Consumers (“CPI-U”) for the Riverside-San
Bernardino-Ontario California Standard Metropolitan
Statistical Area (“Index”) published by the Bureau of Labor

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
Statistics of the United States Department of Labor. The annual CPI-U adjustment will be based on the cumulative increase, if any, in the Index as it stands on March of each year over the base Index of 2023. Adjustments beyond the greater of four percent (4%) or the CPI-U rate will require approval of the property owners of record as required by Proposition 218 “The Right to Vote on Taxes Act”.

Section 3. The improvements within the District
include but are not limited to: installation, construction or maintenance of any authorized improvements under the Act, streetlight improvements and any facilities which are
appurtenant to any of the aforementioned or which are
necessary or convenient for the maintenance or servicing thereof.

Section 4. The general location and boundaries of
the proposed District are shown on maps on file in the office of the City Clerk, are incorporated herein by reference, and open to public inspection. The designation of the proposed District is as follows: City of Hemet Streetlight Maintenance District No. 113, CUP 19-015.

Section 5. Reference is hereby made to the
Engineer’s Report, on file in the office of the City Clerk and open to public inspection, for a full and detail description of the improvements, the boundaries of the proposed District and the proposed assessments upon assessable lots and
parcels of land within the proposed District.

Section 6. Notice is hereby given that the 10 th day
of January, 2023 at 7:00pm in the Council Chambers of the City of Hemet, 450 E. Latham Avenue, Hemet, California
92543, is the time and place fixed for a public hearing by the City Council on the question of the levy and collection of assessments for fiscal year 2023-2024 against lots and
parcels of land within the District. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Procedures of the City applicable to the completion, return, and tabulation of the ballots required pursuant to Article XIII D, Section 4 of the California Constitution are on file in the office of the City Clerk and open to public inspection.

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
Section 7. The City Clerk is hereby authorized and
directed to give notice of the public hearing as set forth in Section 6 in accordance with law.

Section 8. Lots or parcels within the District that
are owned or used by any county, city, city and county, special district or any other local or regional governmental agency, the State of California, or the United States shall be assessed unless the City demonstrates by clear and
convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

PASSED, APPROVED, AND ADOPTED this 13 th day of
December, 2022.

Malcolm Lilienthal, Mayor
ATTEST:

John Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do
hereby certify that the foregoing resolution is the actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 13th day of December, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

John Maier, City Clerk

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CITY OF HEMET
ENGINEER’S REPORT FOR

STREETLIGHT MAINTENANCE DISTRICT
NO. 113 (CUP 19-015)
November 2022

PREPARED BY

41593 Winchester Rd, Suite 200
Temecula, CA 92590
www.weareharris.com

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

TABLE OF CONTENTS

Engineer’s Certification ................................................................................................. i Executive Summary ....................................................................................................... 1 A. Introduction ............................................................................................................. 1 B. Assessment District ................................................................................................. 2 Part I – Plans and Specifications ................................................................................... 3 A. Description of the Assessment District .................................................................. 3 B. Description of Improvements and Services Authorized by the Landscaping and Lighting Act of 1972 ........................................................................................ 3 C. Improvements and Services for SMD No. 113 ....................................................... 4

Part II – Method of Apportionment .............................................................................. 5 A. Method of Apportionment .................................................................................... 5 B. Annual Assessment ................................................................................................ 9 C. Maximum Assessment Methodology .................................................................. 13

Part III – Cost Estimate ................................................................................................ 15 Part IV – Assessment Diagrams/Boundary Map ......................................................... 16 Part V – Assessment Rolls ........................................................................................... 18

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

i
ENGINEER’S CERTIFICATION
AGENCY: THE CITY OF HEMET

PROJECT: FORMATION OF CITY OF HEMET
STREETLIGHT MAINTENANCE DISTRICT NO. 113

TO: THE CITY COUNCIL OF THE

CITY OF HEMET

STATE OF CALIFORNIA

ENGINEER’S REPORT
LANDSCAPING AND LIGHTING ACT OF 1972, DIVISION 15 OF THE

STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA

Pursuant to the provisions of Sections 22565 through 22574 of the Landscaping and Lighting Act of 1972, said act being Part 2 of Division 15 of the California Streets and Highways Cod e (“1972 Act”), in compliance with the substantive and procedural requirements of Articles XIII C and XIII D (Proposition 218) of the California Constitution, recent court precedent and under the direction of the City Council of the City of Hemet, California (“City Council”), submitted herewith is the Engineer’s Report (“Report”) for the City of Hemet (“City”).

This Report provides for the formation of the City of Hemet Streetlight Maintenance District No. 113 (“SMD No. 113 ” or “District”) as required under the terms of CUP No. 19 -015 issued for the development of the following Assessor Parcel Number (APN):
448-250-006
This Report also establishes the Maximum Assessment to be levied commencing with Fiscal Year 2023-2024 (i.e., commencing July 1, 2023 and ending June 30, 2024) and continuing in all subsequent Fiscal Years, for the area to be known and designated as:

SMD No. 113
I do hereby assess and apportion the total amount of the costs and expenses upon parcels of land within the designated area liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said services.

I, the appointed Engineer, acting on behalf of the City of Hemet, pursuant to the 1972 Act, do hereby submit the following:

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

ii

• The costs and expenses of the District which have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels pursuant to the provisions of law. • An Assessment Diagram/Boundary Map is filed herewith as required by law, showing the District as well as the bou ndaries and dimensions of the respective parcels or lots and subdivisions of land within said District, as the same exist as of the date of this Report.

Reference is made to the Assessor Parcel Map for a description of the lots or parcels. • An Assessment Ro ll showing the annual assessment for each parcel corresponding to the numbers assigned to each parcel by the Riverside County Assessor and are current as of the date of this Report.

In conclusion, it is my opinion that the assessments for Streetlight Maintenance District No. 113 have been spread in accordance with the benefits that each parcel receives from the items being financed.

DATED this 30th day of November 2022

___________________________________________
Alison M. Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
County of Riverside
State of California

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

1 EXECUTIVE SUMMARY
A. Introduction
Pursuant to the provisions of Sections 22565 through 22574 of the Landscaping and Lighting Act of 1972, said act being Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”), in compliance with the substantive and procedural requirements of Articles XIII C and XIII D (Proposition 218) of the California Constitution and recent court precedent, the costs and expenses of Streetlight Maintenance District No. 113 (“SMD No. 113” or “District”) have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included in Part IV of this Report. On the 13th day of December, 2022 the City Council, City of Hemet, State of California, ordering the preparation of the Engineer’s Report (“Report”) providing for the formation of SMD No. 113 did, pursuant to the provisions of the 1972 Act, adopt Resolution No. 22-________ for a special assessment district known and designated as:

SMD No. 113
The formation of SMD No. 113 includes the parcel identified by the Assessor Parcel Number (APN) valid as of the date of this Report:
448-250-006
Establishment of a streetlight maintenance district for the maintenance of improvements in perpetuity is a prerequisite for development of th is parcel or any future subdivision of land under the terms of CUP No. 19-015.

As required by law, an Assessment Diagram/Boundary Map is filed herewith, showing the District, as well as the respective parcels and subdivisions of land within said District as they exist on the date of this Report. Each of which subdivisions of land into parcels or lots, respectively, has been assigned a distinctive number and is so indicated on the Assessment Diagram/Boundary Map and in the Assessment Roll contained herein. Harris submits this Report, consisting of five parts, for the formation of SMD No. 113 and the establishment of the Maximum Assessment to be levied and collected commencing Fiscal Year 2023-2024 and continuing in subsequent fiscal years.

Part I
Plans and Specifications: A description of SMD No. 113 boundaries and the proposed improvements within said District. The District shall consist of one parcel which comprise s the commercial development known as SMD No. 113. The proposed improvements described in this Report are based on the requirements of CUP 19-015 and the current development and improvement plans provided to Harris by the City of Hemet as of the date of thi s Report. (1) City of Hemet Community Facilities

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

2 and Assessment District Application – Holiday Inn Express, signed by Sheetal Patel on 06/07/2022 and (2) Site Plan for Holiday Inn Express dated 09/22/2021 by ACE Design LLC (“Plans”) are on file in the office of the City Engineer and are incorporated into this Report by reference.

Part II
Method of Apportionment: A narrative of the property benefits from the improvements and the method of calculating each property’s proportional special benefit and annual a ssessment. The proposed initial Maximum Assessment established for SMD No. 113 is based on current property development Plans and estimated annual costs and expenses associated with all improvements to be accepted and maintained by SMD No. 113 at build-out.

Part III
Cost Estimate: An estimate of the cost of the streetlight improvements maintenance and services, including incidental costs and expenses in connection therewith, for Fiscal Year 2023-2024.

Part IV
Assessment Diagram/Boundary Map: An Assessment Diagram/Boundary Map showing the parcels of land included within the boundaries of SMD No. 113 . For details concerning the lines and dimensions of the applicable Assessor’s Parcel Numbers, refer to the County Assessor’s Maps as of the date of this Report.

Part V
Assessment Roll: A listing of the Assessor’s Parcel Numbers, or the lot/unit numbers assigned for subdivided parcels, and the initial Maximum Assessment per parcel or lot/unit to be applied on the tax roll for Fiscal Year 2023-2024.

B. Assessment District
The improvements and services to be provided by SMD No. 113 generally include streetlight operation and maintenance. The formation of SMD No. 113 will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements and services will be funded in perpetuity. SMD No. 113’s structure, proposed improvements, method of apportionment and assessments described in this Report are based on the Plans provided to Harris as of the date of this Report, including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the proposed improvements.

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

3 PART I – PLANS AND SPECIFICATIONS
A. Description of the Assessment District
SMD No. 113 is located within the City of Hemet, County of Riverside, State of California generally north of Florida Avenue, south of A Street, east of Cawston Avenue and west of Golden Village Drive.

At full development, SMD No. 113 is projected to include one assessable commercial parcel and zero non-assessable parcels. SMD No. 113 consists of all lots/units, parcels and subdivisions of land located in the development area currently defined by the following Assessor Parcel Number as of the date of this Report:
448-250-006
A general boundary map for the District is presented in Part IV of this Report.

B. Description of Improvements and Services Authorized by the Landscaping and Lighting Act of 1972
As applicable to the District, the 1972 Act (specifically, Section 22525 of the California Streets and Highways Code) defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities, including, but not limited to, street lights and traffic signals.
• The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The installation of park or recreational improvements, including, but not limited to, all of the following:
o Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
o Lights, playground equipment, play courts, and public restrooms. • The maintenance or servicing, or both, of any of the foregoing, and any of the improvements authorized in Streets and Highways Code Section 22525 (i). • The acquisition of land for park, recreational, or open-space purposes. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

4 • The acquisition or construction of any community cente r, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.

Section 22526 of the California Streets and Highways Code states that “incidental expenses” associated with the improvements include, but are not limited to the following:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
• The costs of printing, advertising, and the giving of published, posted, and mailed notices. • Compensation payable to the County for collection of assessments. • Compensation of a ny engineer or attorney employed to render services in proceedings pursuant to this part.
• Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the California Streets and Highways Code.
• Costs associated with any elections held for the approval of a new or increased assessment.

Section 22531 of the 1972 Act defines “maintain” or “maintenance” to mean the following:
• Furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, a nd beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating [vegetation] for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. Improvements and Services for SMD No. 113
SMD No. 113 provides for the collection of annual assessments to fund the ongoing maintenance and servicing of public lighting facilities, specifically streetlights, to be constructed on Florida Ave within the public right -of-way of parcel 448-250-006. The assessments will also fund any appurtenant facilities and related incidental expenses including, but not limited to, the cost of personnel, electrical energy, materials, equipment, contracting services, and other items necessary for the satisfactory operation of these services which are the responsibility of SMD No. 113.

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

5 PART II – METHOD OF APPORTIONMENT

A. Method of Apportionment
The proposed improvements, the associated costs, and assessments have been carefully reviewed, identified, and allocated based on special benefit.

Streetlight operation and maintenance are the responsibility of SMD No. 113.

The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include dedicated easements for streetlight use, and appurtenant facilities. Section 22573 of the 1972 Act gives the following instructions for apportioning assessments to the parcels within the district:
“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 formula used for calculating assessments for parcels within SMD No. 113, which reflects the composition of the parcels and the improvements and services which are the responsibility of SMD No. 113, fairly apportions the costs based on the estimated benefit to each parcel.

In addition, Article XIII D of the California Constitution (“Article”) requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the C ity must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large , including real property within the district. The general enhancement of property value does not constitute a special benefit.

Equivalent Benefit Units
A methodology, which takes into consideration the impact of land use and parcel size, has been developed and applied to SMD No. 113. This methodology, called Equivalent Benefit Units (EBUs), calculates the EBUs for each parcel where every land use is conve rted to EBUs based on the assessment formula appropriate for the City. Single Family Residential, which includes

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

6 Condominiums, is defined as the basic unit for calculation of assessments and assigned 1 EBU per parcel. Multi-Family Residential (Apartments and Mobile Home Parks) are converted to EBUs based on the number of dwelling units on each parcel. Commercial/Industrial, Vacant Property/Parks, and certain Public Property, such as Schools, are converted to EBUs based on the lot size of each parcel of land. Property Owners Association Property, Public Property and Exempt parcels are assigned zero EBUs. The EBU method is seen as the most appropriate and equitable for streetlight maintenance districts, as the benefit to each parcel from the improvements are a pportioned as a function of land use type and parcel size.

Parcel Classification
Residential:

Residential: Residential means a parcel for which a building permit has been issued permitting construction of one or more Residential dwelling units. Residential parcels shall be further classified as Single Family Residential, Condominium, and Multi-Family Residential. • Single Family Residential (SFR): SFR means all parcels of residential property, other than Multi-Family Residential Property. The SFR parcel is the basic unit for calculation of the benefit assessments. Parcels designated as SFR land use will be assigned 1 EBU per dwelling unit, including vacant subdivided residential lots.
• Condominium: Condominium means all parcels of developed property within a residential building or buildings comprised of dwelling units with each unit having individual ownership and assigned an individual assessor parcel number. Condominiums will be treated the same as SFR units. Therefore, parcels designated as Condominium land use will be assigned 1 EBU per dwelling unit.
• Multi-Family Residential (Apartments) and Mobile Home Parks: Multi -Family Residential (Apartments) means all parcels of property that consist of a residential building or buildings comprised of attached dwelling units available for rental by the general public, not for sale to an end user, and under common management. Mobile Home Parks means all parcels of land with manufactured homes, all under common management.

The lower av erage population density and reduced average unit size of apartments and mobile homes compared to the typical population density and size of a SFR results in a lesser benefit per unit from landscaping improvements maintenance and services. The average apar tment unit impacts infrastructure approximately 80% as much as a single family residence, while the average mobile home unit impacts infrastructure approximately 50% as much.

Therefore, the EBUs assigned to a Multi -Family Residential or a Mobile Home Park parcel are calculated based on the number of dwelling units and the appropriate Equivalent Benefit Factor (as shown in Table 1). Specifically, the Equivalent Benefit Factor for multi-residential (0.8) is multiplied by the number of dwelling units on the parcel to determine the total EBUs for the multi -unit

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

7 residential parcel. Similarly, the total EBUs for a mobile home park parcel are calculated by multiplying the Equivalent Benefit Factor (0.5) by the number of mobile home units on the parcel.

Non-Residential:
• Non-Residential: Non-Residential means a parcel for which a building permit has been issued permitting construction of one or more Non-Residential structures. Non-Residential parcels shall be further classified as Commercial/Industrial, Vacant Property/Parks, Property Owners Association Property, Public Property/Schools and Exempt. • Commercial/Industrial: Commercial/Industrial means non -residential parcels that are not Exempt, Public Property, Property Owners Association Property, or Vacant, and are used for retail, professional, medical, restaurant, government, institutional, financial, lodging, or other commercial/industrial related uses. These parcels are assigned EBUs based on acreage. In converting Commercial/Industrial properties to EBUs, the factor used is the City of Hemet average single family residential density of 3.50 dwelling units per acre (as derived from the City of Hemet 2030 General Plan, Table 2. 1 - Development Capacity, dated January 24, 2012 (Hemet General Plan)). Therefore, the Commercial/Industrial parcels, including institutional uses, will be assigned 3.50 EBUs per acre.
• Vacant Property/Parks: Vacant Property means parcels with no improved structures. These parcels are assigned EBUs based on acreage and receive less special benefit than SFR parcels.

Therefore, Vacant Property will be assigned EBUs at th e rate of 25% of the SFR parcels density of 3.50 dwelling units per acre (as derived from the Hemet General Plan), or 0. 88 EBUs per acre (25% of 3.50 EBUs), up to a maximum of 5 acres per parcel, regardless of parcel size. Parks will be assessed at the same rate as Vacant Property as they receive the same type of special benefits as vacant parcels. Vacant parcels with approved subdivision maps filed on them will be assessed at the rate appropriate to their future designated use. • Property Owners Association Property (POAP): Property Owners Association Property means all parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association. The ultimate benefactors of the se parcels are the property owners themselves. Therefore, the costs of providing streetlight improvements maintenance and services to these parcels will be spread to the taxable parcels in the District and exempt the POAP parcels from assessment.

These par cels are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed.
• Public Property/Schools: Public property means all parcels which are (i) used for rights -of- way or any other purpose and are owned by, dedicated to, or irrevocably offered for dedication to the federal government, the state, the county, City or any other public agency, provided however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

8 • of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. Public property not leased to a private agency or utility easements, as described in section (ii) above, are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed. Schools will be assessed as Commercial/Industrial uses for those portions of the parcels with building improvements on them, and the playground and athletic fields will not be assessed as they are the same as Property Owners Association Property with no development potential.
• Exempt: Exempt means any parcel dedicated as public stree ts, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of-way, public greenbelts, parkways and that portion of public property that is not developed or used for business purposes similar to private commercial, industrial and institutional activities.

Also defined as Exempt parcels are utility rights -of-way, common areas (such as in condominium complexes), landlocked parcels and small parcels vacated by the City as these parcels have little or no development potential and do not benefit from the improvements.

These parcels are defined as having a zero EBU factor and, therefore, zero EBUs to be assessed.

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

9 Determination of Rate
A summary of Equivalent Benefit Unit (EBU) rates is shown in Table 1:

TABLE 1
Land Use Category
Basic
Unit
Equivalent
Benefit
Factor EBU Rates
Residential:

Single Family Residential 1 D.U. X 1.00 = 1 EBU/DU
Condominium 1 D.U. X 1.00 = 1 EBU/DU
Multi-Family Apartments 1 D.U. X 0.80 = 0.80 EBU/DU
Mobile Home Park
1 Space X 0.50 = 0.50 EBU/Space
Non-Residential:

Commercial/Industrial
Per
Acre X 3.50 = 3.50 EBU/Acre
Schools
Per
Acre X 3.50 =

3.50 EBU/Acre
Area of Building Improvements
Vacant Non-Residential/Parks
Per
Acre X 0.65 =

0.65 EBU/Acre
5 Acre Max
POAP, Public & Exempt N/A X 0.00 = 0.00 EBU/DU

B. Annual Assessment
The Method of Apportionment of the Assessment is based upon the relative special benefit derived from the improvements and conferred upon the assessable real property within SMD No. 113 over and above general benefit conferred upon the assessable real property within SMD No. 113 or to the public at large. The assessment for each assessable parcel within SMD No. 113 is calculated as follows:

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

10 Each parcel currently within the District will be placed into one of the designated categories by land use. Using the EBU factor for the applicable land use category in Table 1 above, multiply the EBU factor rate by the number of Basic Units for each parcel to determine the number of EBUs for that parcel.

Once the total costs and the total number of EBUs associated with all parcels within the District are determined, the total costs are divided by the total EBUs to determine an assessment rate for each EBU in the District.

Total District Costs ÷ Total Number of EBUs in District = District Assessment Rate per EBU

Each individual parcel’s assessment will then be determined by multiplying the District assessment rate by the parcel’s total EBUs.

District Assessment Rate per EBU x Parcel’s Total EBUs = Parcel’s Annual Assessment

Currently, there is one commercial parcel locat ed in the District. Applying the EBU formula ( 3.50 EBUs x 1.59 acres) results in a total EBU count of 5.57 EBUs for SMD No. 113.

The maximum assessment rate is subject to a cost of living increase as explained in the Maximum Assessment Methodology section below.

Separation of General Benefit and Special Benefit
The identified improvements and services provide benefits to the parcels located within the District.

Some of these benefits are “special benefits,” benefits that are above and be yond those “general benefits” provided to the public at large or properties located outside the District. Under Assessment Law, only “special benefits” are assessable. As such, isolation and quantification of the “special benefits” associated with the imp rovements and services are paramount . In order to isolate the “Special Benefits,” it is necessary to quantify the amount of “General Benefits” associated with the improvements and services.

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

11 Local Lighting.

Special Benefit. The operation, maintenance and servicing of lighting along local streets in close proximity to certain lots or parcels provides a special benefit to such lots or parcels by providing illumination resulting in: 1) improved security of such lots or parcels, 2) improved ingress and egress from such lots or parcels by illuminating access after sunset, and 3) improved nighttime visibility for the local access of emergency vehicles. Local lighting typically consists of 40 watt lights.

Street lights on or associa ted with traffic signals located at arterial -to-local connectors are considered to be 100% special benefit to those developments taking direct access at these intersections.

General Benefit. There are no general benefits associated with local lighting.

Arterial Lighting.

Special Benefit. The operation, maintenance and servicing of arterial lighting provides a special benefit to each and every assessable lot or parcel within the development or vicinity which are adjacent to such lighting resulting in: 1) improved nighttime visibility for the access of emergency vehicles, and 2) improved safety and traffic circulation to and from parcels. Arterial lighting typically consists of 100 watt, or larger, lights; however, special benefit is assigned consistent with local lighting wattage.

General Benefit. The city recognizes that a portion of the maintenance, operation and servicing of those Street Lighting Improvements that are a part of the city’s arterial lighting improvements provide a general benefit to the pub lic at large, which equates to the higher level of lighting required on arterial roads.

The general benefits associated with Arterial Lighting are attributable to the higher level of lighting required for an arterial roadway. That higher level of lighting provides a measure of safety for the additional width of the street. Local and collector roadways require only 9,500 lumen lights (typically 40 watt lights) and arterial roadways require 22,000 lumen lights (typically 100 watt lights or more).

The amount of general benefit is the percentage difference between the average annual electrical costs to illuminate a light on an arterial street verses a local collector street. (Electrical costs are used in this comparison, as the personnel and replacement costs for the various lumens and wattages of lights are virtually the same.) The following table shows the calculation of the general benefit percentage for streetlights costs.

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

12 FY 2022-23 COST ESTIMATE COMPARISON OF ELECTRICAL

COSTS FOR THE STREET LIGHTS WITHIN THE CITY
Street Type
Lamp
Size
(Watts)
Lamp
Type
Annual
Cost per
Light
Low wattage lights
for local streets 40 LED $151.17
High wattage lights
for arterial streets 130 LED $197.91
Difference =
General Benefit $46.74
General Benefit
Percentage 23.62%

Therefore, 23.62% of the Street Lighting Improvements in the District are considered general benefit, and only 76.38% of these Street Lighting Improvements will be used to estimate the special benefit costs.

Based on the benefits described above, streetlight improvements are an integral part of the quality of life within the District. This quality of life is a special benefit to all parcels within the District except government-owned parcels or easements, utility easements, or flood channel parcels. Government - owned parcels or easements, utility easements, and flood channel parcels do not benefit from the improvements due to their type of use and lack of human habitation on such parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote frequent use by the traveling public. As a result of this lack of activity on such parcels, they do not receive any benefit from streetlight improvements and are not assessed.

Special Benefits of SMD No. 113 Authorized Improvements and Services The special benefits of street lighting are the provision of energy, convenience, safety, security of property, improvements to be installed and maintained are specifically:
• Enhanced deterrence of crime such as vandalism and other criminal activities, reducing damage to improvements or property.
• Improved visibility to assist police in the protection of property. • Increased nighttime safety on roads and streets by reducing nighttime accidents and personal property loss.
• Improved traffic circulation.

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

13 • Improved visibility for egress from and ingress to the property.

Summary
In summary, no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property. The special benefit proportionate share of the costs and expenses for the provision of streetlighting, as well as costs and expenses for the maintenance of streetlights are apportioned on an EBU basis and assessed only for special and direct benefits. The general benefit will be funded by the City General Fund or other financial sources.

C. Maximum Assessment Methodology
The purpose of establishing a Maximum Assessment formula is to provide for reasonable increases and inflationary adjustments to annual assessments without requiring costly noticing and mailing procedures, which would add to the District costs and assessments.

The Maximum Assessment formula shall be applied to all assessable parcels of land within the District.
• For SMD No. 113, the initial Maximum Assessment for Fiscal Year 2023-2024 shall be a total of $487.90 or $87.66 per EBU as detailed in Part III.

The initial Maximum Assessment is subject to an annual inflator starting in Fiscal Year 202 4-2025.

The initial Maximum Assessment may be adjusted by the greater of four percent (4%) per year or the cumulative percentage increase in the Consumer Price Index for all Urban Consumers for (“CPI -U”) for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area (“Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. The annual CPI- U adjustment will be based on the cumulative increase, if any, in the Index as it stands in March of each year over the base Index of 2023.

The Maximum Assessment is adjusted annually and is calculated independent of the SMD No. 113 annual budget and proposed annual assessment. The annual assessment (rate per assessable parcel) applied in any fiscal year is not considered to be an increased assessment if less than or equal to the Maximum Assessment amount for that fiscal year. In no case shall the annual assessment exceed the Maximum Assessment.

Although the Maximum Assessment will increase each year, the actual SMD No. 113 assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establ ish a reasonable limit on SMD No. 113 assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessments for the fiscal year require

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

14 an increase to an amount greater than the adjusted Maximum Assessment, it is considered an increased assessment.

To impose an increased assessment, the City of Hemet must comply with the provisions of California Constitution Articles XIII C and XIII D, which require a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Through the balloting process, property owners must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for SMD No. 113. If the proposed assessment is not approved, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for SMD No. 113.

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

15 PART III – COST ESTIMATE

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

16 PART IV – ASSESSMENT DIAGRAM/BOUNDARY MAP
Part IV – Assessment Diagram/Boundary Map
Fiscal Year 2023-2024 SMD No. 113
The Assessment Diagram/Boundary Map for SMD No. 113 by this reference is incorporated and made a part of this Report. Only the parcels identified within the SMD No. 113 Assessment Diagram/Boundary Map are within said boundary.

If any parcel submitted for collection is identified by the County Auditor -Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number (or numbers) will be identified and resubmitted to the County Auditor -Controller. The assessment amount to be levied and collected for the resubmitted parcel and/or new parcel number(s) shall be based on the method of apportionment and the assessment rate as defined in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and the assessment rate rather than as a proportionate share of the original assessment.

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

17

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Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015

18 PART V – ASSESSMENT ROLL
Parcel identification for each lot/unit or parcel within SMD No. 113 shall be the parcel as shown on the Riverside County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. SMD No. 113 includes the following APN(s) as of the date of this Report:
448-250-006
The initial Maximum Assessment for each parcel will be as follows.

STREETLIGHT MAINTENANCE DISTRICT NO. 113 (CUP 19-015)
PROPOSED FISCAL YEAR 2023-2024 MAXIMUM ASSESSMENT2

Assessor Parcel
Number Acres EBUs
Maximum
Assessment1
448-250-006 1.59 5.57 $487.90
Total 1.59 5.57 $487.90

1 The Assessment for each Assessable Parcel, when submitted to the tax roll, will be rounded to even pennies, as required by the Riverside County Auditor -Controller to allow for the equal division of 2 installment payments on the property tax bill.
2 The initial Maximum Assessment may be adjusted annually by the greater of four percent (4%) per year, or the cumulative percentage increase in the CPI-U, if any, as it stands in March of each year over the base Index of 2023.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Formation of Hemet Streetlight Maintenance District No. 113, CUP 19 -015, and the Levy and Collection of Assessments Within Such District for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Ordering the Preparation of an Engineer’s Report

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Formation of Hemet Streetlight Maintenance District No. 113, CUP 19-015, and the Levy and Collection of Assessments Within Such District for Fiscal Year 2023 -2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIII D of the California Constitution, and Ordering the Preparation of an Engineer’s Report.

BACKGROUND:

Harris & Associates has previously prepared the assessment engineering report in connection with the annual levy of assessments for the existing citywide streetlight maintenance districts. The assessments against the lots and parcels of land within the assessment district will pay for the operation, maintenance and servicing of streetlights and appurtenant structures. As part of an agreement with the City, the property owner of this 1.59 acre site located on Florida Avenue between Cawston Avenue and Golden Village Avenue has agreed to the establishment of a Streetlight Maintenance District for the purpose of maintaining the streetlight located on Florida Avenue immediately adjacent to the site.

ANALYSIS:

The formation of Streetlight Maintenance District No. 113 for CUP 19-015 will provide the City a funding mechanism for the ongoing operation and maintenance of the streetlights along the right-of-way for the commercial project located on Florida Avenue. The funding provides the ability for the City to pay for the electricity and perform maintenance of these facilities.

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STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilitie s.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The consultant fee for the formation of the district in connection with the annual levy of assessments for the formation of the streetlight maintenance district is $5,566.14 to be paid from developer deposits.

ALTERNATIVE(S):

Do not approve this staff report and resolution and provide alternative direction to staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

SMDNo.113_HolidayInnExpress_FY 22-23_Initiating

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023

CITY OF HEMET
Hemet, California
RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HEMET,

CALIFORNIA INITIATING

PROCEEDINGS FOR THE

FORMATION OF HEMET

STREETLIGHT MAINTENANCE
DISTRICT NO. 113, CUP 19-015, AND

THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN SUCH
DISTRICT FOR FISCAL YEAR 2023-
2024 PURSUANT TO THE

LANDSCAPING AND LIGHTING ACT
OF 1972, PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND AS

PROVIDED BY ARTICLE XIII D OF
THE CALIFORNIA CONSTITUTION;

AND ORDERING THE PREPARATION
OF AN ENGINEER’S REPORT
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council of the City of Hemet,
California has, by previous resolutions, formed Districts known and designated as the Streetlight Maintenance
Districts (hereafter referred to as the “Districts”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), that provides for levy and collection of assessments by the County of Riverside for the City of
Hemet to pay the maintenance and services of street lighting and all appurtenant facilities and operations related thereto; and,

THE CITY COUNCIL OF THE CITY OF HEMET FINDS,
DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
Section 1. The City Council hereby proposes to
form a new streetlight maintenance district to levy and collect assessments against the lots and parcels of land within the Hemet Streetlight Maintenance District No. 113, (hereinafter referred to as the “District”) to pay for the costs and expenses of the improvements described in Section 3 hereof for the fiscal year commencing July 1, 2023 and ending June 30, 2024, pursuant to the Landscaping and lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code (the “Act”) and as provided by Article XIII D of the California Constitution.

Section 2. The general location and boundaries of
the proposed District are shown on maps on file in the office of the City Clerk, open to public inspection, and by reference are made part of this resolution. The District is designated as: “Hemet Streetlight Maintenance District No. 113, CUP 19-015.”
Section 3. The improvements within the District
include but are not limited to: installation, construction or maintenance of any authorized improvements under the Act, streetlight improvements and any facilities which are
appurtenant to any of the aforementioned or which are
necessary or convenient for the maintenance or servicing thereof.

Section 4. The City Council hereby designates
Harris & Associates, as the Engineer for the purposes of these proceedings and orders the Engineer to prepare and file with the City Clerk a written report in accordance with Article XIII D, Section 4 of the California Constitution and Article 4 (commencing with Section 22565) of Chapter 1 of the Act for that portion of the fiscal year 2023-2024
commencing July 1, 2023 and ending June 30, 2024. Such
Report shall refer to the District by its distinctive designation.

Section 5. Lots or parcels within the District that
are owned or used by any county, city, city and county, special district or any other local or regional governmental entity, the State of California or the United States shall be assessed unless the City demonstrates by clear and
convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
Section 6. That the City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of passage and adoption thereof in the
records of the proceedings of the City Council of said City, in the minutes of the meeting at which resolution is passed and adopted.

PASSED, APPROVED, AND ADOPTED this 13 th day of
December, 2022.

Malcolm Lilienthal, Mayor
ATTEST:

John Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Hemet Streetlight Maintenance District No 113, CUP 19-015 For Fiscal Year 2022-2023
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution is the actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 13 th day of December, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

James Maier, City Clerk

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36968, located on the east side of Copenhagen Street, south of Sydney Street and north of Anchorage Street

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving a replacement subdivision improvement agreement and improving security for p arcel map No. 36968, located on the east side of Copenhagen Street, south of Sydney Street, and north of Anchorage Street.

BACKGROUND:

At a regularly scheduled City Council meeting held on April 23, 2019, the City Council approved Parcel Map No. 36968, along with the Subdivision Improvement Agreement (“Agreement”), and accepted the Performance Bond and Material and Labor Bond (“Bonds”). The Agreement was executed by Empresa, LLC, a Limited Liability Company (“Developer”), who also secured the Bonds neces sary to ensure the public improvements associated with Parcel Map No. 36968 would be completed.

The Developer has since sold Parcel Map No.36968 to L & H Development, LLC. As the new owner, the public improvements are now to be completed by L & H Development, LLC and the City requires a subdivision improvement agreement and associated bonds from this new entity responsible for the improvements.

ANALYSIS:

Parcel Map No. 36968 provides for the development of a 40 -unit apartment complex and includes all associated road and utility improvements. The next step in the process is the consideration of the replacement agreement for the subdivision work and acceptin g the new bonds to guarantee the completion of the work.

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The City Attorney has reviewed and approved the Subdivision Improvement Agreement and the Improvement Bond forms. Staff recommends that the City Council accept the replacement subdivision agreements and public improvement bonds.

DISCUSSION:

Approval of the replacement subdivision improvement agreements and associated bonds with the current owner of this parcel map, L & H Development, LLC, will ensure that the agreements and security for im public the making for entity correct the responsible and current are provements with improvements.

PREVIOUS COUNCIL ACTION:

At the City Council meeting of April 23, 2019, the City Council approved Parcel Map No. 36968; a subdivision improvement agreement, and accepted offers of dedication and improvement bonds from the developer.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

FISCAL IMPACT:

There are no impacts to the General Fund with this City Council action.

ALTERNATIVE(S):

1. Do not approve the Resolution to replace the Subdivision Improvement Agreements and Improvement Security.

2. Provide alternate directions to staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1 - Copenhagen SIA Replacement Resolution
Attachment 2 - PM 36968
Attachment 3 - Empresa, LLC_SIA and Improvement Security No.36968 SIA L&H Development 2022

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City of Hemet Resolution No. 2022-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HEMET, CALIFORNIA, APPROVING A

REPLACEMENT SUBDIVISION IMPROVEMENT

AGREEMENT AND IMPROVEMENT SECURITY
FOR PARCEL MAP NO. 36968, LOCATED ON THE

EAST SIDE OF COPENHAGEN STREET, SOUTH

OF SYDNEY STREET AND NORTH OF
ANCHORAGE STREET.

The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, Parcel Map No. 36968, submitted for approval
by Empresa, LLC, a limited liability company (“Developer”), was approved by the City of Hemet on April 23, 2019; and
WHEREAS, L & H Development, LLC (“Builder”) has
acquired the land known as Parcel Map No. 36968 from Developer (a copy of which is attached as Exhibit “B”); and
WHEREAS, to meet and continue the requirements
established as a prerequisite to final approval of Parcel Map No. 36968, Builder agreed to enter into a Subdivision Improvement Agreement superseding and replacing Subdivision Improvement Agreement known as Riverside County Recorder’s Document No.2019-0155907, together with good and sufficient security, in

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City of Hemet Resolution No. 2022-xxx
conformance with the City Attorney’s approved format, for approval and execution by the City; and
WHEREAS, the Subdivision Improvement Agreement and
good and sufficient security have been accepted by the City; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY

OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:

SECTION 1.FINDINGS - The recitals set forth above are
hereby adopted as findings in support of this Resolution.

SECTION 2.

A. Subdivision Improvement Agreement
attached hereto as Exhibit “A” is
approved and the City Manager is
authorized to execute it and the City
Clerk is authorized to attest thereto.

B. Said improvement security is
accepted as good and sufficient,
subject to approval as to form and
content thereof by the City Attorney,
C. Pursuant to Government Code
section 66458, Parcel Map No.
36968 was previously approved, and
City accepted the real property
described therein.