MAYOR AND CITY COUNCIL:
Joe Males
Mayor (District 4)
Malcolm Lilienthal
Mayor Pro Tem (District 3)
Jaculin Peterson
Council Member (District 2)
Karlee Meyer
Council Member (District 1)
Linda Krupa
Council Member (District 5)
Eddie Pust
Interim City Manager
Steven Graham
City Attorney
John P. Maier
City Clerk
CITY COUNCIL AGENDA
CITY OF HEMET, CALIFORNIA
Regular Meeting of the City Council, Acting as the Successor Agency to the Redevelopment Agency and the Hemet Housing Authority
Tuesday, January 10, 2023
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
REGULAR MEETING AT 7:00 P.M.
In accordance with the Governor’s Declarations of Emergency for the State of California (Executive Orders N-25-20 and N-29-20) and the Governor’s Stay at Home Order (Executive Order N-33-20), the City of Hemet is providing alternative measures for the public to attend/view City Council Meetings.
Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.
Live stream: This meeting will be live streamed on the City's website at hemetca.gov/agenda.
Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.
Teleconference: Residents may also submit public comments by teleconference during Communications from the Public by using the following Zoom link:
https://us02web.zoom.us/j/83259588826
Webinar ID: 832 5958 8826
Passcode: 745765
Telephone: Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 253 215 8782
We appreciate your understanding during this unprecedented time of social distancing under the Safer at Home orders. These procedures may be modified in the future as social and public gathering protocols change. Thank you.
Notice Regarding Americans with Disability Act
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting or if you need agenda documents provide in an alternate format, please contact the City Clerk’s Office at (951) 765-2307 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA Title II)
Page
CLOSED SESSION – 5:00 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545
• At this time, members of the public may only comment on an item appearing on the closed session agenda. Please adhere to the following when addressing the Council:
o Comments will be limited to 3 minutes or less.
o Comments should be directed to the Council as a whole and not directed to individual Council Members.
o Please follow the adopted rules of decorum: Resolution No. 4545.
4. DISCUSSION ITEMS
4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Eddie Pust, Interim City Manager Employee Organization: HMMA, HFFA, HPMA, and HPOA
4.B CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9.
In Re Western Community Energy. Bankruptcy Court for the Central District of California Case No. 6:21-bk-12821
4.C CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (1)
4.D PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: City Manager
5. ADJOURNMENT OF CLOSED SESSION
6. WORK STUDY ITEM - 6:00 P.M.
6.A Commercial/Residential Container Development - Work study to discuss the Container Development concept for retail & service industry and residential uses in the City of Hemet
Staff Report #22-540 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Review and discuss the Commercial Container Development concept for the retail and service industry as well as residential use and provide direction to staff.
15 - 58
7. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545
• At this time, members of the public may only comment on an item appearing on the work study item. Please adhere to the following when addressing the Council:
o Comments will be limited to 3 minutes or less.
o Comments should be directed to the Council as a whole and not directed to individual Council Members.
o Please follow the adopted rules of decorum: Resolution No. 4545.
REGULAR MEETING - 7:00 P.M.
8. CALL TO ORDER
9. ROLL CALL
10. INVOCATION
11. PLEDGE OF ALLEGIANCE
12. CITY ATTORNEY CLOSED SESSION REPORT
12.A City Attorney’s Report regarding Closed Session
Recommendation: Information Only
13. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet • Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker. • There is a 3-minute-per-person time limit for all general public comments on non-public hearing items. • All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
• Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
• You may also fill out a form and submit your comments online at www.hemetca.gov and it will be read aloud.
Submittal must be done before 2:00 p.m. the day of the meeting.
• Please state your name and item you are commenting on before speaking.
13.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items
13.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter
14. PRESENTATIONS
14.A National Law Enforcement Day Proclamation
Proclamation - National Law Enforcement Appreciation Day 59 15. PUBLIC HEARINGS
• The City Council’s Procedures for Public Hearing will be as follows:
o Staff will provide a report and clarification of items presented. o The public hearing will be opened for comments for those IN FAVOR of or IN OPPOSITION to the item: followed by rebuttal to any comments made. o The Public Hearing will be closed, and the City Manager may respond to any questions raised by the public (the public will not have an opportunity to respond.). o Discussion will be brought back to the City Council for direction or action.
15.A Public Hearing to Consider Formation of the City of Hemet Landscape Maintenance District No. 112 (PM 37196/CUP 16-006) ("LMD 112") and City of Hemet Streetlight Maintenance District No. 112 (PM 37196/CUP 16-006)(“SMD 112”), also known as Zanderson Plaza, generally located between Sanderson Ave, Menlo Ave, Fruitvale Ave, and La Habra Ave Staff Report #22-526 - Pdf
Recommendation: It is respectfully recommended that the City Council:
1. Open the Public Hearing and take testimony, if any; and,
2. Have the City Clerk count and tabulate the ballots, and announce the results of the vote.
3. Should the tally of the ballots received indicate a majority affirmative for the proposed assessments, Council may proceed with the adoption of the following Resolutions: a Resolution of the City of Hemet Approving the Engineer’s Report for the formation of Hemet Landscape Maintenance District No. 112 (PM
37196/CUP 16-006) and Levy and Collection of Assessments within such District for Fiscal Year 2023-2024 and Confirming Diagram and Assessments 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 XII of the California Constitution; and, a Resolution of the City of Hemet Approving the Engineer’s Report for the formation of Hemet Streetlight Maintenance District No. 112 (PM 37196/CUP 16-006) and Levy and Collection of Assessments within such District for Fiscal Year 2023-2024 and Confirming Diagram and
Assessments pursuant to the Landscaping and Lighting Act of 61 - 128
1972 part 2 of Division 15 of the California Streets and Highways Code and as provided by Article XII of the California Constitution.
15.B Public Hearing to Consider Formation of the City of Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) (“LMD 113”) and City of Hemet Streetlight Maintenance District No. 113 (CUP No. 19-015) (“SMD 113”), also known as Holiday Inn Express, generally located north of Florida Ave and east of Cawston Ave
Staff Report #22-527 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
1. Open the Public Hearing and take testimony, if any; and,
2. Have the City Clerk count and tabulate the ballots and announce the results of the vote.
3. Should the tally of the ballots received indicate a majority affirmative for the proposed assessments, Council may proceed with the adoption of the following Resolutions: a Resolution of the City of Hemet Approving the Engineer’s Report for the formation of Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) and Levy and Collection of Assessments within such District for Fiscal Year 2023-2024 and Confirming Diagram and Assessments 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 XII of the California Constitution; and, a Resolution of the City of Hemet Approving the Engineer’s Report for the formation of Hemet Streetlight Maintenance District No. 113 (CUP No. 19-015) and Levy and Collection of Assessments within such District for Fiscal Year 2023-2024 and Confirming Diagram and Assessments 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 XII of the California Constitution. 129 - 193
16. RECEIVE AND FILE
16.A The City of Hemet Warrant Registers Dated December 1, 2022, in the amount of $1,528,203.15 and December 15, 2022, in the amount of $1,105,671.10. The Payroll Periods of November 14, 2022 – November 27, 2022, in the amount of $829,983.65 and November 28, 2022 - December 11, 2022, in the amount of $1,148,431.64
Staff Report #22-524 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Receive and file the City of Hemet Warrant Registers.
195 - 336
16.B Investment Report for November 2022
Staff Report #22-536 - Pdf
337 - 452
Recommendation:
It is respectfully recommended that the City Council:
Receive and file the Investment Report for November 2022.
17. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.
17.A Approval of the City Council Meeting Minutes of the Regular City Council Meeting Minutes of December 13, 2022, and the Special Closed Session Meeting Minutes of December 22, 2022
Staff Report #23-004 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Approve the City Council Meeting Minutes of the Regular City Council Meeting Minutes of December 13, 2022, and the Special Closed Session Meeting Minutes of December 22, 2022.
453 - 475
17.B Second Reading and Adoption of Ordinance 2005, an Ordinance of the City Council of the City of Hemet, California, Amending Section 74-79 of the Hemet Municipal Code Related to Transient Occupancy Tax Appeals Staff Report #22-538 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Waive Further Reading and Adopt Ordinance 2005, an Ordinance of the City Council of the City of Hemet, California, Amending Section 74-79 of the Hemet Municipal Code Related to Transient Occupancy Tax Appeals. 477 - 482
17.C Second Reading and Adoption of Ordinance 2006, An Ordinance of the City Council of the City of Hemet, California, Amending Section 2-333(k) Related to Public Projects
Staff Report #22-537 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Waive further reading and adopt Ordinance 2006, an Ordinance of the City Council of the City of Hemet, California, Amending Section 2-333(k) Related to Public Projects.
483 - 486
17.D A Resolution of the City Council of the City of Hemet, California, Establishing Criteria for Financial and In-Kind Assistance to Outside Entities and Authorizing the City Manager to Execute Such Agreements in the form of Sponsorships, Grants, Fee Waivers, and In-Kind Contributions
Staff Report #23-005 - Pdf
487 - 494
Recommendation:
It is respectfully recommended that the City Council:
Review, discuss, remove from the future agenda items list, and consider the adoption of a Resolution of the City Council of the City of Hemet, California, Establishing Criteria for Financial and In-Kind Assistance to Outside Entities and Authorizing the City Manager to Execute Such Agreements in the form of Sponsorships, Grants, Fee Waivers, and InKind Contributions.
17.E A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with eCIVIS for Year Two and Year Three of a Grant Management Software in the Amount of $107,600.00, Authorizing the City Manager to Execute the Agreement and Related Documents, and Authorizing the Finance Director to Record a Supplemental Appropriation in the American Rescue Plan, Fund 270
Staff Report #22-513 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an agreement with eCivis for Year Two and Year Three of a Grant Management software in the amount of $107,600.00, authorizing the City Manager to execute the agreement and related documents, and authorizing the Finance Director to record a supplemental appropriation in the American Rescue Plan, Fund 270.
495 - 507
17.F A Resolution of the City Council of the City of Hemet, California, Authorizing the Purchase of Annual Eden ERP Financial Software Support and Maintenance in the Amount of $69,794.66 to Tyler Technologies, Inc. and Authorize the City Manager to Execute All Documents Regarding this Purchase
Staff Report #22-534 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Purchase of Annual Eden ERP Financial Software Support and Maintenance in the Amount of $69,794.66 to Tyler Technologies, Inc. and Authorize the City Manager to Execute all Documents Regarding this Purchase.
509 - 516
17.G A Resolution of the City Council of the City of Hemet, California, Designating Certain City Officials as Authorized to Execute Applications and Documents for and on Behalf of the City of Hemet for the Purpose of Obtaining Federal Financial Assistance Under Public Law 93-288 as Amended by the Robert P. Stafford Act of 1988, or State Financial Assistance Under the Natural Disaster Assistance Act
517 - 524
Staff Report #22-523 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Designating Certain City Officials as Authorized to Execute Applications and Documents for and on Behalf of the City of Hemet for the Purpose of Obtaining Federal Financial Assistance Under Public Law 93-288 as Amended by the Robert P. Stafford Act of 1988, or State Financial Assistance Under the Natural Disaster Assistance Act
17.H A Resolution of the City Council of the City of Hemet, California, Amending Article XXIV of the Hemet Personnel Rules Regarding Travel and Expense Reimbursement Policy for Employees
Staff Report #22-476 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, amending Article XXIV of the Hemet Personnel Rules regarding Travel and Expense Reimbursement Policy for employees.
525 - 538
17.I A Resolution of the City Council of the City of Hemet, California, Approving the Clean California Maintenance Agreement between the City of Hemet and the Department of Transportation and Authorize the Finance Director to Increase Revenue Projections by $175,000 and Authorize the City Manager to Execute All Documents Related to the Agreement
Staff Report #22-517 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Clean California Maintenance Agreement between the City of Hemet and the Department of Transportation and Authorize the Finance Director to Increase Revenue Projections by $175,000 and Authorize the City Manager to Execute All Documents Related to the Agreement.
539 - 556
17.J A Resolution of the City Council of the City of Hemet, California, Awarding Simpson Sandblasting & Special Coatings, Inc., for the Tank 4 Recoat Project, (CIP 5752) in the Amount Of $422,065.00, Waive any Minor Bid Irregularities, Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures not to Exceed 10% of the Contract Amount or $42,206.50, Authorize the Finance Director to Appropriate an Additional $159,271.50 of Unencumbered Public Water Utility Funds to the Project Account to Fund 557 - 730
the Total Project Costs, and Authorize the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer Staff Report #22-533 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, awarding Simpson Sandblasting & Special Coatings, Inc., for the Tank 4 Recoat Project, (CIP 5752) in the amount of $422,065.00, waive any minor bid irregularities, authorize the City Manager to execute all contract documents and approve additional construction expenditures not to exceed 10% of the contract amount or $42,206.50, authorize the Finance Director to establish a supplemental appropriation in the amount of $159,271.50 of unencumbered public water utility funds to the project account to fund the total project costs, and authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.
17.K 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
Staff Report #22-531 - Pdf
Recommendation:
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 improvement security for parcel map No. 36968, located on the east side of Copenhagen Street, south of Sydney Street, and north of Anchorage Street.
731 - 818
17.L A Resolution of the City Council of the City of Hemet, California, Awarding STC Traffic, Inc., a Professional Services Agreement in an Amount Not to Exceed $89,960 to Conduct a Citywide Engineering and Traffic Survey and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize Additional Expenditures up to 10% of the Agreement Amount if Necessary
Staff Report #22-525 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding STC Traffic, Inc., a Professional Services Agreement in an Amount Not to Exceed $89,960 to Conduct a Citywide Engineering and Traffic Survey and Authorizing the City Manager to Execute All 819 - 2054
Documents Related to the Agreement and Authorize Additional Expenditures up to 10% of the Agreement Amount if Necessary.
17.M A Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Three (3) Top Ranked Firms in Each Specified Category for On-Call, As Needed Professional Engineering Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney
Staff Report #22-535 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Three (3) Top Ranked Firms in Each Specified Category for On-Call, As Needed Professional Engineering Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney.
2055 -
3416
17.N A Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of Playground Equipment and Park Shelter at Mary Henley Park in the Amount of $278,163.07 Utilizing the OMNIA Contract #1036738 and Authorizing the Interim City Manager to Execute All Documents Related to the Agreement Including a 10% Contingency of $27,816.31 if Necessary
Staff Report #22-516 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of Playground Equipment and Park Shelter at Mary Henley Park in the Amount of $278,163.07 Utilizing the OMNIA Contract #1036738 and Authorizing the Interim City Manager to Execute All Documents Related to the Agreement Including a 10% Contingency of $27,816.31 if Necessary. 3417 -
3446
17.O Approve the Successor Agency to the Former Hemet Redevelopment Agency Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 23-24
Staff Report #22-541 - Pdf
Recommendation:
It is respectfully recommended that the Successor Agency to the Former Hemet Redevelopment Agency (“Successor Agency”):
Approve the Recognized Obligation Payment Schedule (“ROPS”) and Administrative Budget for July 1, 2023 through June 30, 2024 (“23-24”). 3447 -
3463
17.P A Resolution of the City Council of the City of Hemet, California, Approving the Annual and Five Year AB 1600 Reports for Fiscal Years 2016-17 Through 2021-22 and Making the Findings Required by Government Code Section 66001(D)
Staff Report #22-521 - Pdf
Recommendation: It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Annual and Five Year AB 1600 Reports for Fiscal Years 2016-17 Through 2021-22 and Making the Findings Required by Government Code Section 66001(D).
3465 -
3677
18. DISCUSSION - ACTION ITEMS
18.A City Council Outside Boards, Committees, and Commissions Appointments
Staff Report #22-532 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Provide direction and possibly appointment the City of Hemet City Council Members to existing outside boards, committees, and commissions. 3679 -
3684
18.B Housing Authority Reorganization - Nominations for the Office of Chairperson and Vice Chairperson to Serve Until December 12, 2023 Staff Report #22-539 - Pdf
Recommendation:
It is respectfully recommended that the City Council of the City of Hemet, acting as the successor agency to the Hemet Housing Authority:
Call for nominations and appoint a Chairperson and Vice-Chairperson of the Hemet Housing Authority to serve until December 12, 2023. 3685 -
3686
18.C 2023-2024 Community Development Block Grant - Ad Hoc Committee Appointment
Staff Report #22-466 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Form the CDBG Ad Hoc Committee with the appointment of two Council Members for the 2023-2024 CDBG application selection and funding recommendations.
3687 -
3689
18.D A Resolution of the City Council of the City of Hemet, California, Amending the Fiscal Year 2022-23 Budget, Approving Appropriations and Amending the Budgeted Positions List
3691 -
3712
Staff Report #22-522 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Amending the Fiscal Year 2022-23 Budget, Approving Appropriations and Amending the Budgeted Positions List.
19. CITY COUNCIL AND STAFF REPORTS
COUNCIL MEMBER KRUPA
1. Hemet Housing Authority
2. Investment Oversight Committee
3. Hemet Public Library Board of Trustees
4. Riverside County Airport Land Use Commission *
5. League of California Cities
6. Riverside County Transportation Commission *
7. Riverside Transit Agency
8. Western Riverside County Conservation Authority *
9. Hemet San Jacinto Water Master Board *
10.Planning Commission
COUNCIL MEMBER PETERSON
COUNCIL MEMBER MEYER
1. Investment Oversight Committee
2. League of California Cities
3. CAJPIA Board
MAYOR PRO TEM LILIENTHAL
1. Hemet Housing Authority
2. Skate Park Committee
3. Community Action Commission of Riverside County
4. League of California Cities
5. Riverside County Transportation Commission *
6. Riverside Transit Agency *
7. Western Riverside Council of Governments *
MAYOR MALES
1. Skate Park Committee
2. League of California Cities
3. Western Riverside Council of Governments *
4. Western Community Energy
5. Planning Commission
AD-HOC COMMITTEE REPORTS
1. Council Protocols Ad-Hoc Committee (Brown/Krupa)
2. Vision and Mission Ad-Hoc Committee (Lilienthal/Meyer)
3. Clean up/Graffiti Ad-Hoc Committee (Lilienthal/Males)
4. Homeless Outreach Ad-Hoc Committee (Lilienthal/Meyer)
5. Business Outreach Ad-Hoc Committee (Males/Lilienthal)
6. Cal Trans Liaison Ad-Hoc Committee (Brown/Krupa)
7. CDBG Ad-Hoc Committee (Lilienthal/Males)
8. Banner Program Ad-Hoc Committee (Krupa/Males)
INTERIM CITY MANAGER PUST
20. FUTURE AGENDA ITEMS
If Members of Council have items for consideration at a future City Council meeting, please state the agenda item to provide direction to the City Manager.
1. Broadcasting of City Council Meetings
2. Animal Control Regulations for Businesses
3. Solar Feasibility
4. Review of Resolution No. 4703
5. Review of Section 82-172 of the City of Hemet Municipal Code
6. Traffic Study for Intersections of Myers Street/Devonshire Avenue & Warren Road/Devonshire Avenue
7. Southern California Edison Services Discussion
8. In-Kind Services Discussion
9. Special Events Discussion
10.Municipal Code 2-44 Study - Requirements of Residency
11.American Rescue Plan Act Funding Assessment for Security Services
21. ADJOURNMENT
AFFIDAVIT OF POSTING
I, John Paul Maier, MMC, City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Council Chamber located at 450 E. Latham Ave., Hemet, CA, and the City Website.
Date & Time: January 5, 2023, at 6:35 p.m.
Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 7:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave. typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 10 2023
Department: Community Development
Submitted by: Eddie Pust, Interim City Manager
H. P. Kang, Community Development Director;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
Commercial/Residential Container Development - Work study to discuss the Container Development concept for retail & service industry and residential uses in the City of Hemet RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Review and discuss the Commercial Container Development concept for the retail and service industry as well as residential use and provide direction to staff.
BACKGROUND:
On October 18, 2022, the Planning Commission reviewed and discussed the Commercial Container Development concept. The Commission requested that, along with the commercial concept, the residential concept should also be considered in developing a container development concept.
The area of discussion is city wide in the commercial zones in the City of Hemet including downtown region where it is difficult to assemble large land area to service the commercial needs of the community.
ANALYSIS:
The City of Hemet has the opportunity to bring excitement and new innovative method of providing commercial retail and service centers in the city. The innovation would provide opportunities for smaller mom and pop shops that traditionally has limited funds to initiate the business. The opportunity comes from the smaller space that is ready to be used for popup restaurant, retail shops, food service, personal service (e.g., barber shop, nail & hair salon), specialty shops such as beer garden, wine tasting, and local fresh fruits and vegetable markets that share the indoor/outdoor dining area and restroom facilities.
6.A
The space can be used for multiple purposes and functions such as an outdoor concert venue, community gathering place, family outing place, teenage hangout, senior meeting location, etc.
Some cities who have embraced the commercial container concepts include Northglenn, Colorado; South Salt Lake City, Utah; Seattle, Washington; Portland, Oregon; Dallas-Forth Worth, Texas; Las Vegas, Nevada; Phoenix, Arizona; and others.
6.A
6.A
Additionally, the commercial container development can shorten the construction time, since the container can be pre-modified and brought on site for final assembly. The containers are already designed to be stacked and has predesign rigidness for structural stability.
The Planning Commission also added that the container concept should also include the residential component. This would create a mix-use concept. Washington DC (3310 7th St NE) has it's first multiple family container residential development. Nashville (2150 Byrum Ave) has developed a 83 unit multiple family residential development. Fort Worth (West Terrell Ave) is in the process of developing 34 unit apartments in the downtown.
6.A
Also, there are many examples of single family residential development with a simple design to elaborate complex designs. Such designs can be incorporated to a cold climate as Colorado or hot climate as Joshua Tree, CA.
6.A
6.A
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.
The Commercial Container Development will enhance the areas that have been remained vacant in the past with opportunity to develop into a commercial hubs. Additionally, the Residential Container Development will address new innovative methods in providing housing in a speedy method.
GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
6.A
Objective 2: Provide resources for new businesses to enhance the customer service experience.
The Commercial Container Development will afford the opportunity for smaller businesses to establish with small capital and bring forward the business ideas to reality. Additionally, the Residential Container Development will bring opportunity to blend the commercial development and residential development for custom services to the community.
FISCAL IMPACT:
No Fiscal Impact is anticipated
ATTACHMENT(S):
Commercial Residential Container Development CC 011023
6.A
Hemet City Council
Commercial/Residential Container Development Work Study Community Development Department
January 10, 2023
6.A
Strategic Plan Integration
Quality of Life
The Commercial Container Development will enhance the areas that have been remained vacant in the past with opportunity to develop intoa commercial hubs. Additionally, the Residential Container Development will address new innovative methods in providing housing ina speedy method.
6.A
Strategic Plan Integration
Economic Development
The Commercial Container Development will afford the opportunity for smaller businesses to establish with small capital and bring forward the business ideas to reality. Additionally, the Residential Container Development will bring opportunity to blend the commercial development and residential development for custom services to the community.
6.A
Container Data
• Containers Facts (US Customs &
Boarder Protection 5/23/22) • 11 million arrive by sea • 11 million arrive by land boarders • 2.7 million by rail • Approximately 25 million containers into USA
• Approximately 12.1 million
containers are shipped out of US.
(Market Watch Dec. 2021)
Source: Port of LA Calendar Year 2021
6.A
Container Data
• Cost increase from 2020 to 2021 • (Source: CNN) • $2k to $17k for the cost of containers • Rising raw material cost • Floor material cost increase • Labor increase Page 13 of 44
6.A
Container Data
• TEU = Twenty Equipment Unit • (20 ft container) • Approximately 20% to 30% are exported out of US
• What happens to the remaining 70%
to 80% of containers?
6.A
Commercial Container Development
• Tampa Bay, FL • Commercial Retail Page 15 of 44
6.A
Commercial Container Development
• Restaurants and bars Page 16 of 44
6.A
Commercial Container Development
• Commercial service retail • Nail Salons • Hair Salons • Spa Salons Page 17 of 44
6.A
Commercial Container Development
• Commercial retail container with small
spaces
6.A
Commercial Container Development
• Commercial retail containers with
multi-level design and open courtyard
concepts
6.A
Commercial Container Development
• Commercial retail containers
with multiple entry points
• Vertical feature for key access
areas
6.A
Commercial Container Development
• Container Park, LV Page 21 of 44
6.A
Commercial Container Development
• Container Park, LV • Entry statement • Public art Page 22 of 44
6.A
Commercial Container Development
• Interior view Page 23 of 44
6.A
Commercial Container Development
• Open space Page 24 of 44
6.A
Commercial Container Development
• Second Story view Page 25 of 44
6.A
Commercial Container Development
• Second Story dining
courtyard
• Creating special
personal spaces
6.A
Commercial Container Development
• First floor view Page 27 of 44
6.A
Commercial Container Development
• Open space • Public movie venue • Public concert Page 28 of 44
6.A
Commercial Container Development
• View from the
stage
• Large organic
space
6.A
Commercial Container Development
• Parking around the park Page 30 of 44
6.A
Commercial Container Development
• The Yard at Mission Rock, SF Page 31 of 44
6.A
Commercial Container Development
• Multi-level steps as well as seating
• Multiple options Page 32 of 44
6.A
Commercial Container Development
• Smaller incubator spaces Page 33 of 44
6.A
Commercial Container Development
• Indoor/outdoor spaces • Landscape to soften space Page 34 of 44
6.A
Commercial Container Development
• BoxPark, Wembley London • External facing store-fronts • Multi-container use for one store
6.A
Commercial Container Development
• El Paso, Tx • New concept in commercial Page 36 of 44
6.A
Residential Container Development
• Australia • Built with 31 container boxes Page 37 of 44
6.A
Residential Container Development
• Colorado • With 2nd DU Page 38 of 44
6.A
Residential Container Development
• Michigan • With a pitched roof Page 39 of 44
6.A
Residential Container Development
• Joshua Tree, CA • Multi-pitched design Page 40 of 44
6.A
Residential Container Development
• Washington DC • New concept in Multi
-Family Res
6.A
Residential Container Development
• Nashville, TN • 83 unit Multi-Family Res Page 42 of 44
6.A
Residential Container Development
• Fort Worth, TX • 34 unit CoHo Apartment Page 43 of 44
6.A
Discussion & Follow Up
6.A
14.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 10 2023
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:
Public Hearing to Consider Formation of the City of Hemet Landscape Maintenance District No. 112 (PM 37196/CUP 16-006) ("LMD 112") and City of Hemet Streetlight Maintenance District No. 112 (PM 37196/CUP 16-006)(“SMD 112”), also known as Zanderson Plaza, generally located between Sanderson Ave, Menlo Ave, Fruitvale Ave, and La Habra Ave RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Open the Public Hearing and take testimony, if any; and,
2. Have the City Clerk count and tabulate the ballots, and announce the results of the vote.
3. Should the tally of the ballots received indicate a majority affirmative for the proposed assessments, Council may proceed with the adoption of the following Resolutions: a Resolution of the City of Hemet Approving the Engineer’s Report for the formation of Hemet Landscape Maintenance District No. 112 (PM 37196/CUP 16-006) and Levy and Collection of Assessments within such District for Fiscal Year 2023-2024 and Confirming Diagram and Assessments 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 XII of the California Constitution; and, a Resolution of the City of Hemet Approving the Engineer’s Report for the formation of Hemet Streetlight Maintenance District No. 112 (PM 37196/CUP 16-006) and Levy and Collection of Assessments within such District for Fiscal Year 2023-2024 and Confirming Diagram and Assessments 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 XII of the California Constitution.
BACKGROUND:
The City Council, on December 13, 2022 approved Resolution Nos. 2022-211 and 2022-213 initiating proceedings and approved Resolution No. 2022-210 and 2022-212 declaring its intention to levy annual assessments by forming Landscape Maintenance District No. 112 (PM 37196/CUP 16-006) and Streetlight Maintenance District No. 112 (PM 37196/CUP 16-006), and to levy and collect assessments against lots and parcels within such districts.
15.A
The Landscape assessments against the lots and parcels of land within the assessment district 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 district boundaries.
Streetlight 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.
On December 13th the City Council preliminarily approved the LMD 112 Engineer’s Report and the SMD 112 Engineer’s Report. Subsequent to the December 13th City Council meeting, minor clerical adjustments were made which have no impact on the assessment, as reflected in the Final Engineer’s Report herein.
ANALYSIS:
The total proposed landscape maintenance district assessment for FY 2023-2024 is $16,714.41.
The total proposed streetlight maintenance district assessment for FY 2023-2024 is $554.35.
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.
DISCUSSION:
The Final Assessment Engineer’s Reports have been prepared and are on file with the City Clerk pursuant to the Landscaping and Lighting Act of 1972.
The District consists of six parcels that comprise the commercial development known as Zanderson Plaza.
PREVIOUS COUNCIL ACTION:
• On December 13, 2022, the City Council adopted Resolution Nos. 2022-211 and 2022-213 initiating proceedings and approved Resolution Nos. 2022-210 and 2022-212 declaring its intention to levy annual assessments.
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: The implementation of this LMD and SMD will enhance the visual appearance of the community to make it attractive and reduce blight.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
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Objective 3: Through the implementation of this LMD and SMD, maintenance of public infrastructure is ensured, which can increase the community's pride within the City.
FISCAL IMPACT:
There is no impact to the General Fund with this action. The individual property owners are responsible for the annual payments of assessments. The City will work with the County concerning the filing of the annual assessments to the County Auditor-Controller.
The property owners have filed a petition representing their willingness to move forward and have submitted a deposit to pay for City costs incurred in connection with the formation of the District. After the district is formed the individual property owners shall be responsible for the annual payments of assessments. The City will file the annual assessment to be collected with the County Auditor-Controller for placement on the property tax bills. The City’s cost to administer Landscape Maintenance District No. 112 (PM 37196/CUP 16-006) and Streetlight Maintenance District No. 112 (PM 37196/CUP 16- 006) annually will be reimbursed through the assessments charged to property owners. The revenue from the annual assessments will be deposited into a fund for Landscape Maintenance District No. 112 (PM 37196/CUP 16-006) and Streetlight Maintenance District No. 112 (PM 37196/CUP 16-006) and will be used to pay said administrative expenses and for the maintenance services listed above. Both the revenue and expenses will be part of the City’s FY 2023-2024 Adopted Budget.
ALTERNATIVE(S):
Should the tally indicate a majority against the proposed assessments, the formation is denied without further action by the Council.
The City Council can also choose not to adopt the Resolutions or other Resolutions associated with this Public Hearing for the City of Hemet Landscape Maintenance District No. 112 (PM 37196/CUP 16- 006) and Streetlight Maintenance District No. 112 (PM 37196/CUP 16-006). Listed facilities will not be maintained by the City of Hemet and to provide alternate directions to staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1 - PH_Reso-LMD 112_Zanderson_Draft
Attachment 2 - PH_Reso-SMD 112_Zanderson_Draft
Attachment 3 - ER Zanderson LMD No 112_FINAL_Rev
Attachment 4 - ER Zanderson SMD No 112 FINAL_Rev
Attachment 5 - Zanderson Plaza PH Presentation
Attachment 6 - CFD Affidavit
15.A
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No 112 (PM 37196/CUP 16-006) For Fiscal Year 2023-2024
1 2
3 4 CITY OF HEMET
5 Hemet, California
6 RESOLUTION NO. 2023-XXX
7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
9 HEMET, CALIFORNA, APPROVING THE FINAL ENGINEER’S
10 REPORT FOR THE FORMATION OF HEMET LANDSCAPE
11 MAINTENANCE DISTRICT NO. 112 (PM 37196/CUP 16-006)
12 AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN
13 SUCH DISTRICT FOR FISCAL YEAR 2023-2024 AND
14 CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
15 THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF
16 DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
17 CODE AND AS PROVIDED BY ARTICLE XIII D OF THE
18 CALIFORNIA CONSTITUTION.
19 20
21 THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS 22 AND RESOLVES AS FOLLOWS:
23 24 Section 1. The City Council by its Resolution No. 2022-210 initiated 25 proceedings, and by its Resolution No. 2022-211 declared its intention to levy annual 26 assessments for the formation of the City of Hemet Landscape Maintenance District No. 27 112 (PM 37196/CUP 16-006) (the “District”), and to levy and collect assessments 28 against lots and parcels of land within such District pursuant to the provisions of the 29 Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and 30 Highways Code, commencing with Section 22500 (the “Act”), to pay for the costs and 31 expenses of operating, maintaining, and servicing ornamental structures, landscaping, 32 and appurtenant facilities located within public places within the boundaries of the 33 District.
34 35 Section 2. The Engineer selected by the City Council has prepared and 36 filed with the City Clerk, and the City Clerk has presented to the City Council, a report in 37 connection with the annual levy of assessments against lots and parcels of land within 38 the District, and the City Council did by previous Resolution approve such report. 39 Subsequent to the December 13th City Council meeting, minor clerical adjustments 40 were included in the Final Engineer’s Report (the “Final Engineer’s Report”) which have 41 no impact on the assessment.
42 43 Section 3. The City Council desires to levy and collect assessments 44 against lots and parcels of land within the District for the fiscal year commencing July 1, 45 2023 and ending June 30, 2024, to pay for the costs and expenses of operating,
15.A
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No 112 (PM 37196/CUP 16-006) For Fiscal Year 2023-2024
1 maintaining and servicing ornamental structures, landscaping, and appurtenant facilities 2 located within public places within the boundaries of the District. 3 4 Section 4. A mailed ballot election in connection with the levy of assessments 5 within the District was required in accordance with Article XIII D of the California 6 Constitution.
7 8 Section 5. Following notice duly given, the City Council has held a full and fair 9 public hearing regarding the Final Engineer’s Report prepared in connection with the 10 District and the levy and collection of assessments, and considered all oral and written 11 statements, protests and communications made or filed by interested persons. 12 13 Section 6. The City Council hereby finds that a majority protest does not exist 14 as defined in Section 4(e) of Article XIII D of the California Constitution with respect to 15 the District. All oral and written protests and objections to the annual levy of 16 assessments for this District and the proposed collection of assessments are hereby 17 overruled by the City Council.
18 19 Section 7. Based upon its review of the Final Engineer’s Report, a copy of 20 which has been presented to the City Council hereby finds and determines with respect 21 to the District included in the Final Engineer’s Report that:
22 23 (i) the land within the District will be specially benefited by the operation, 24 maintenance, and servicing of ornamental structures, landscaping, 25 including trees, shrubs, grass and other ornamental vegetation, and 26 appurtenant facilities, including irrigation systems and drainage devices, 27 located in public places within the boundaries of the District; and 28 29 (ii) the District include all lands so specially benefited; and 30 31 (iii) the net amount to be assessed upon the lots and parcels within the District 32 in accordance with the assessment for the fiscal year commencing July 1, 33 2023 and ending June 30, 2024 is apportioned by a formula and method 34 which fairly distributes the net amount among all assessable lots or 35 parcels in proportion to the estimated special benefits to be received by 36 each lot or parcel from the improvements; and
37 38 (iv) only special benefits are assessed and no assessment is imposed on any 39 parcel which exceeds the reasonable cost of the proportional special 40 benefit conferred on that parcel.
41 42 Section 8. The City Council hereby orders the proposed improvements to be 43 made as set forth in the Final Engineer’s Report, which improvements are briefly 44 described as follows: The operation maintenance, and servicing of ornamental 45 structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, 46 and appurtenant facilities including irrigation systems and drainage devices located in
15.A
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No 112 (PM 37196/CUP 16-006) For Fiscal Year 2023-2024
1 public places within the boundaries of the District. Maintenance refers to the furnishing 2 of services and materials for the ordinary and usual maintenance, operation and 3 servicing of the ornamental structures, landscaping and appurtenant facilities, including 4 repair, removal or replacement of all or part of any of the ornamental structures, 5 landscaping or appurtenant facilities; providing for the life, growth, health and beauty of 6 the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and 7 treating for disease or injury; the removal of trimmings, rubbish, debris and other solid 8 waste; and the cleaning, sandblasting and painting of walls and other improvements to 9 remove or cover graffiti. Servicing refers to the furnishing of electricity for the irrigation 10 and operation of the ornamental structures, landscaping, and appurtenant facilities, and 11 water for the irrigation and control of the landscaping and the maintenance of any of the 12 ornamental structures, landscaping and appurtenant facilities. 13 14 Section 9. The City Council hereby confirms the diagrams and assessments 15 set forth in the Final Engineer’s Report. The maintenance, operation, and servicing of 16 the ornamental structures, landscaping, and appurtenant facilities shall be performed 17 pursuant to law. Commencing with fiscal year 2023-2024, the County Auditor of 18 Riverside County shall enter on the County Assessment Roll opposite each lot or parcel 19 of land the amount of the assessment, and such assessments shall be collected at the 20 same time and in the same manner as the County taxes are collected. After collection 21 by the County, the net amount of the assessment after deduction of any compensation 22 due the County for collection shall be paid to the City Treasurer. For fiscal year 2023- 23 2024, the City’s representative is hereby authorized and directed to collect such 24 assessments.
25 26 Section 10. The assessments are in compliance with the provisions of the Act 27 and Article XIII D of the California Constitution, and the City Council has complied with 28 all laws pertaining to the levy of annual assessments pursuant to the Act and Article XIII 29 D of the California Constitution.
30 31 Section 11. The assessments are levied for the purpose of paying the costs 32 and expenses of the improvements described in Section 5 above, for fiscal year 2023- 33 2024.
34 35 Section 12. The City Treasurer shall deposit all money representing 36 assessments collected for the District to the credit of a special fund known as 37 “Improvement Fund, City of Hemet Landscape Maintenance District” and such money 38 shall be expended only for the maintenance, operation, and servicing of the landscape 39 structures, landscaping and appurtenant facilities as described in Section 8 above. 40 41 Section 13. The adoption of this Resolution constitutes the levy of assessments 42 for the fiscal year commencing July 1, 2023 and ending June 30, 2024. 43 44 Section 14. A certified copy of the diagrams and assessments shall be filed in 45 the office of the City Clerk and shall be open for public inspection. 46
15.A
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No 112 (PM 37196/CUP 16-006) For Fiscal Year 2023-2024
1 2
3 4
5 6 PASSED, APPROVED, AND ADOPTED this 10th day of January, 2023. 7 8
9 10
11 Joe Males, Mayor
12 13
14 15 ATTEST: APPROVED AS TO FORM:
16 17
18 19 John Paul Maier, City Clerk Stephen Graham, City Attorney 20 21
15.A
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No 112 (PM 37196/CUP 16-006) For Fiscal Year 2023-2024
1 2 State of California )
3 County of Riverside )
4 City of Hemet )
5 6 I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the 7 foregoing resolution is the actual resolution adopted by the City Council of the City 8 of Hemet and was passed at a regular meeting of the City Council on the 10th day of 9 January 2023 by the following vote:
10 11
12 13 AYES:
14 NOES:
15 ABSTAIN:
16 ABSENT:
17 18
19 20
21 John Paul Maier, City Clerk
22 23
24 25
26 27
28 29
30
15.A
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Streetlight Maintenance District No 112 (PM 37196/CUP 16-006) For Fiscal Year 2023-2024
1 2
3 4 CITY OF HEMET
5 Hemet, California
6 RESOLUTION NO. 23-XXX
7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
9 HEMET, CALIFORNA, APPROVING THE FINAL ENGINEER’S
10 REPORT FOR THE FORMATION OF HEMET STREETLIGHT
11 MAINTENANCE DISTRICT NO. 112 (PM 37196/CUP 16-006)
12 AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN
13 SUCH DISTRICT FOR FISCAL YEAR 2023-2024 AND
14 CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
15 THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF
16 DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
17 CODE AND AS PROVIDED BY ARTICLE XIII D OF THE
18 CALIFORNIA CONSTITUTION.
19 20
21 THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS 22 AND RESOLVES AS FOLLOWS:
23 24 Section 1. The City Council by its Resolution No. 2022-212 initiated 25 proceedings, and by its Resolution No. 2022-213 declared its intention to levy annual 26 assessments for the formation of the City of Hemet Streetlight Maintenance District No. 27 112 (PM 37196/CUP 16-006) (the “District”), and to levy and collect assessments 28 against lots and parcels of land within such District pursuant to the provisions of the 29 Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and 30 Highways Code, commencing with Section 22500 (the “Act”), to pay for the costs and 31 expenses of operating, maintaining, and servicing streetlight structures and appurtenant 32 facilities located within public places within the boundaries of the District. 33 34 Section 2. The Engineer selected by the City Council has prepared and 35 filed with the City Clerk, and the City Clerk has presented to the City Council, a report in 36 connection with the annual levy of assessments against lots and parcels of land within 37 the District, and the City Council did by previous Resolution approve such report. 38 Subsequent to the December 13th City Council meeting, minor clerical adjustments were 39 included in the Final Engineer’s Report (the “Final Engineer’s Report”) which have no 40 impact on the assessment.
41 42 Section 3. The City Council desires to levy and collect assessments 43 against lots and parcels of land within the District for the fiscal year commencing July 1, 44 2023 and ending June 30, 2024, to pay for the costs and expenses of operating, 45 maintaining and servicing streetlight structures and appurtenant facilities located within 46 public places within the boundaries of the District.
15.A
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Streetlight Maintenance District No 112 (PM 37196/CUP 16-006) For Fiscal Year 2023-2024
1 2 Section 4. A mailed ballot election in connection with the levy of assessments 3 within the District was required in accordance with Article XIII D of the California 4 Constitution.
5 6 Section 5. Following notice duly given, the City Council has held a full and fair 7 public hearing regarding the Final Engineer’s Report prepared in connection with the 8 District and the levy and collection of assessments, and considered all oral and written 9 statements, protests and communications made or filed by interested persons. 10 11 Section 6. The City Council hereby finds that a majority protest does not exist 12 as defined in Section 4(e) of Article XIII D of the California Constitution with respect to 13 the District. All oral and written protests and objections to the annual levy of 14 assessments for this District and the proposed collection of assessments are hereby 15 overruled by the City Council.
16 17 Section 7. Based upon its review of the Final Engineer’s Report, a copy of 18 which has been presented to the City Council hereby finds and determines with respect 19 to the District included in the Final Engineer’s Report that:
20 21 (i) the land within the District will be special benefited by the operation, 22 maintenance, and servicing of streetlight structures and appurtenant 23 facilities located in public places within the boundaries of the District; and 24 25 (ii) the District include all lands so specially benefited; and 26 27 (iii) the net amount to be assessed upon the lots and parcels within the District 28 in accordance with the assessment for the fiscal year commencing July 1, 29 2023 and ending June 30, 2024 is apportioned by a formula and method 30 which fairly distributes the net amount among all assessable lots or 31 parcels in proportion to the estimated special benefits to be received by 32 each lot or parcel from the improvements; and
33 34 (iv) only special benefits are assessed and no assessment is imposed on any 35 parcel which exceeds the reasonable cost of the proportional special 36 benefit conferred on that parcel.
37 38 Section 8. The City Council hereby orders the proposed improvements to be 39 made as set forth in the Final Engineer’s Report, which improvements are briefly 40 described as follows: Installation, construction, or maintenance of any authorized 41 improvements under the Act, including, but not limited to streetlight improvements and 42 any facilities which are appurtenant to any of the aforementioned or which are 43 necessary or convenient for the maintenance or servicing thereof. 44 45 Section 9. The City Council hereby confirms the diagrams and assessments 46 set forth in the Final Engineer’s Report. The maintenance, operation, and servicing of
15.A
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Streetlight Maintenance District No 112 (PM 37196/CUP 16-006) For Fiscal Year 2023-2024
1 the streetlight structures and appurtenant facilities shall be performed pursuant to law. 2 Commencing with fiscal year 2023-2024, the County Auditor of Riverside County shall 3 enter on the County Assessment Roll opposite each lot or parcel of land the amount of 4 the assessment, and such assessments shall be collected at the same time and in the 5 same manner as the County taxes are collected. After collection by the County, the net 6 amount of the assessment after deduction of any compensation due the County for 7 collection shall be paid to the City Treasurer. For fiscal year 2023-2024, the City’s 8 representative is hereby authorized and directed to collect such assessments. 9 10 Section 10. The assessments are in compliance with the provisions of the Act 11 and Article XIII D of the California Constitution, and the City Council has complied with 12 all laws pertaining to the levy of annual assessments pursuant to the Act and Article XIII 13 D of the California Constitution.
14 15 Section 11. The assessments are levied for the purpose of paying the costs 16 and expenses of the improvements described in Section 5 above, for fiscal year 2023- 17 2024.
18 19 Section 12. The City Treasurer shall deposit all money representing 20 assessments collected for the District to the credit of a special fund known as 21 “Improvement Fund, City of Hemet Streetlight Maintenance District” and such money 22 shall be expended only for the maintenance, operation, and servicing of the streetlight 23 structures and appurtenant facilities as described in Section 8 above. 24 25 Section 13. The adoption of this Resolution constitutes the levy of assessments 26 for the fiscal year commencing July 1, 2023 and ending June 30, 2024. 27 28 Section 14. A certified copy of the diagrams and assessments shall be filed in 29 the office of the City Clerk and shall be open for public inspection. 30 31 PASSED, APPROVED, AND ADOPTED this 10th day of January, 2023. 32 33
34 35
36 Joe Males, Mayor
37 38
39 40 ATTEST: APPROVED AS TO FORM:
41 42
43 44 John Paul Maier, City Clerk Stephen Graham, City Attorney 45
15.A
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Streetlight Maintenance District No 112 (PM 37196/CUP 16-006) For Fiscal Year 2023-2024
1 2 State of California )
3 County of Riverside )
4 City of Hemet )
5 6 I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the 7 foregoing resolution is the actual resolution adopted by the City Council of the City 8 of Hemet and was passed at a regular meeting of the City Council on the 10th day of 9 January 2023 by the following vote:
10 11
12 13 AYES:
14 NOES:
15 ABSTAIN:
16 ABSENT:
17 18
19 20
21 John Paul Maier, City Clerk
22 23
24 25
26 27
28 29
30
15.A
CITY OF HEMET
FINAL ENGINEER’S REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT
NO. 112 (PM 37196/CUP 16-006)
DECEMBER 2022
PREPARED BY
41593 Winchester Rd, Suite 200
Temecula, CA 92590
www.weareharris.com
15.A
Final 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
15.A
Final 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 Code (“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 Final Engineer’s Report (“Final Report”) for the City of Hemet (“City”).
This Final 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
15.A
Final Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006
ii
I do hereby assess and apportion the total amount of the costs and expenses upon parcels of land within the designated area liable therefore 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:
• 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 Final 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 Final 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
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Final 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 Final 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- 212 for a special assessment district known and designated as:
LMD No. 112
Subsequent to the December 13th City Council meeting, minor clerical adjustments were made which have no impact on the assessment, as reflected in the Final Engineer’s Report herein The formation of LMD No. 112 includes the parcels identified by the Assessor Parcel Numbers (APNs) valid as of the date of this Final 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 this parcel or any future subdivision 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 Final 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
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Final Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006
2 the Assessment Roll contained herein. Harris submits this Final Report, consisting of five parts, for the formation of LMD No. 112 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. 112 boundaries and the proposed improvements within said District. The District shall consist of six parcels which comprise the commercial development known as LMD No. 112. The proposed improvements described in this Final 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 Final 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 Final 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 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 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 Final 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.
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Final Engineer’s Report
Landscape Maintenance District No. 112
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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 Final Report are based on the Plans provided to Harris as of the date of this Final Report, including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the proposed improvements.
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Final 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 parcels 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 Numbers as of the date of this Final 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 Final 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 and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
o Lights, playground equipment, play courts, and public restrooms.
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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 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. 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 rightof-way of the following parcels:
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Final 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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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 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. 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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Final 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 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
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9 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 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 irrevocably 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 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-ofway 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 section (ii) above, are defined as having a zero
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Final Engineer’s Report
Landscape Maintenance District No. 112
PM 37196/CUP 16-006
10 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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Landscape Maintenance District No. 112
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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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Final 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 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 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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Landscape Maintenance District No. 112
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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 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. 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 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 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. Governmentowned 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 landscaping improvements and are not assessed.
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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 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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15 Summary
The landscape improvements which will be installed as part of the approved development within LMD No. 112 provide direct and special benefits 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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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 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 CPIU 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 require that assessments be collected at 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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17 PART III – COST ESTIMATE
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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 Final 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 Final 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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19
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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 Final 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 Final 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 ASSESSMENT
Assessor Parcel
Number Acres EBUs
Maximum
Assessment1,2,3
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 0.99 3.47 $2,148.91
444-100-028 0.98 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. 3 Max Assessment includes effect for rounding.
15.A
CITY OF HEMET
FINAL ENGINEER’S REPORT FOR
STREETLIGHT MAINTENANCE DISTRICT
NO. 112 (PM 37196/CUP 16-006)
December 2022
PREPARED BY
41593 Winchester Rd, Suite 200
Temecula, CA 92590
www.weareharris.com
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Final 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 ................................................................................... 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 SMD No. 112....................................................... 5 Part II – Method of Apportionment.............................................................................. 7 A. Method of Apportionment.................................................................................... 7 B. Annual Assessment.............................................................................................. 11 C. Maximum Assessment Methodology .................................................................. 16 Part III – Cost Estimate................................................................................................ 17 Part IV – Assessment Diagrams/Boundary Map......................................................... 18 Part V – Assessment Rolls........................................................................................... 20
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Final 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 Code (“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 Final Engineer’s Report (“Final Report”) for the City of Hemet (“City”).
This Final 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 Final 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.
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Final 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 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 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
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Final 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 Final 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 providing for the formation of SMD No. 112 did, pursuant to the provisions of the 1972 Act, adopt Resolution No. 2022-212 for a special assessment district known and designated as:
SMD No. 112
Subsequent to the December 13th City Council meeting, minor clerical adjustments were made which have no impact on the assessment, as reflected in the Final Engineer’s Report herein.
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 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. 112 and the establishment of the Maximum Assessment to be levied and collected commencing Fiscal Year 2023-2024 and continuing in subsequent fiscal years.
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Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
2 Part I
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 comprises 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
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Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
3 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.
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Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
4 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 development area currently defined by the following Assessor Parcel Numbers 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.
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Final Engineer’s Report
Streetlight 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 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:
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Final Engineer’s Report
Streetlight 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 SMD No. 112.
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Final Engineer’s Report
Streetlight 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.
Streetlight operation and maintenance are the responsibility of SMD 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 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. 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 City 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 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
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Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
8 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 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 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
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Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
9 (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.
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 2.1 - 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 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 irrevocably 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 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 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-ofway 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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Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
10 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 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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Final Engineer’s Report
Streetlight 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 0.800 = 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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Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
12 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 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 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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Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
13 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 associated 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 approximately 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 public 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 .2362require 22,000 lumen lights (typically 100 watt lights or more). Major highways have similar illumination requirements to arterial roadways and thus similar general benefit.
The amount of general benefit is the percentage difference between the average annual electrical costs to illuminate a light on an arterial roadway 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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Streetlight Maintenance District No. 112
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14 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. Governmentowned 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 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.
• Improved visibility for egress from and ingress to the property.
Annual
Cost per
Light
Low wattage lights for
collector 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%
FY 2022-23 COST ESTIMATE COMPARISON OF ELECTRICAL
COSTS FOR THE STREET LIGHTS WITHIN THE CITY
Street Type Lamp Size
(Watts)
Lamp
Type
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16 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. 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 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 CPIU 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 establish a reasonable limit on SMD No. 112 assessments. The Maximum Assessment calculated each year does 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
15.A
Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
16 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. 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.
15.A
Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
17 PART III – COST ESTIMATE
15.A
Final Engineer’s Report
Streetlight 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 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.
15.A
Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
19
15.A
Final Engineer’s Report
Streetlight Maintenance District No. 112
PM 37196/CUP 16-006
20 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 ASSESSMENT
Assessor Parcel
Number Acres EBUs
Maximum
Assessment1,2
444-100-024 1.07 3.75 $77.02
444-100-025 1.00 3.50 $71.89
444-100-026 1.29 4.52 $92.84
444-100-027 .99 3.47 $71.27
444-100-028 .98 3.43 $70.45
444-100-029 2.38 8.32 $170.88
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.
15.A
Hemet City Council
Public Hearing for Landscape and Streetlight Assessment Districts (LMD 112 & SMD 112) Zanderson Plaza
Public Works Department
January 10, 2023
15.A
Zanderson Plaza
– LMD/SMD No. 112
• Generally located on the corner
of North Sanderson Ave and
West Meno Ave containing 6 lots.
• Commercial development for
retail and restaurant use.
• Improvements to be maintained
are along Sanderson Ave
(including median) on Sanderson
Ave and Menlo Ave.
15.A
Zanderson Plaza
– LMD No. 112
Landscape Assessments will pay for: ❖ Operation, maintenance, and servicing of ornamental structures, landscaping, and appurtenant facilities.
❖ Total proposed LMD No.112 assessment for FY 2023-2024 is $16,714.41
❖ Initial maximum assessment is subject to an annual increase of the greater of the CPI or 4%.
15.A
Zanderson Plaza
– SMD No. 112
Streetlight Assessments will pay for: ❖ Operation, maintenance, and servicing of streetlights and appurtenant structures.
❖ Total proposed SMD No.112 assessment for FY 2023-2024 is $554.35
❖ Initial maximum assessment is subject to an annual increase of the greater of the CPI or 4%.
15.A
Zanderson Plaza
– LMD/SMD No. 112 Public Hearing
Staff Recommendations: • Hear any public testimony • Have the City Clerk announce the results of the vote • Should the results indicate a majority in support for the proposed assessments: ➢Adopt resolutions approving the Engineers Reports for the formations of the Landscape and Streetlight Maintenance Districts No. 112 and Levy and Collection of Assessments within such Districts for Fiscal Year 2023-2024.
15.A
Strategic Plan Integration
Quality of Life
The implementation of these assessment districts will ensure proper maintenance is funded into perpetuity which will enhance the visual appearance of the community to make it attractive and reduce blight and increase pride in the City.
15.A
Discussion & Follow Up
15.A
THEPRESS-ENTERPRISE
KEEP YOUR EYES ON THE ’PRISE
pe.cam The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Hemet
445 E. Florida Ave
Hemet, California 92543
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011578557
FILE NO. 0011578557
PROOF OF PUBLICATION
I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the aboveentitled matter. I am an authorized representative of THE PRESSENTERPRISE, a newspaper of general circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, ofwhich the annexed is a printed copy, has been published in said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
12/29/2022
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: December 29, 2022.
At: Riverside, California
4//IL
Signature
CITY OF HEMET
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that (1 public hearing Will be held before the City Council of the City of Hemet at its regular meeting on Tuesday January 10, 2023, at 7:00 P.N\., in the Council Chambers ?l??E.]LathamAve. Hemet. California. to consider adoption of the o ow ng:
Zanclerson Plaza LMD 112:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET.
CALIFORNA; APPROVING THE FINAL ENGINEER’S REPORT FOR
THE FORMATION OF HEMET LANDSCAPE MAINTENANCE DISTRICT
NO. 112 (PM 3?196/CUP 16-006) AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT FOR FISCAL YEAR 2023-2024
AND CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACTOF 1972; PART2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION Zanclerson Plaza SMD 112:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET.
CALIFORNA; APPROVING THE F|NALENG|NEER’S REPORT FOR THE
FORMATION OF HEMET STREETLIGHT MAINTENANCE DISTRICT
NO. 112 (PM 3?196/CUP 16-006) AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT FOR FISCAL YEAR 2023-2024
AND CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1932. PART2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION Holiday Inn LMD113:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET.
CALIFORNA. APPROVING THE FINAL ENG|NEER'S REPORT
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
AND CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1932. PART2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.
Holidu Inn SMD 113:
A RE OLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET.
CALIFORNA. APPROVING THE FINAL ENGINEER’S REPORT 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
AND CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1932. PART2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.
These persons who wish to testify either for or against the adoption of said Resolutions will have the opportunity to do so at this time.
Resolutions and Engineer's Reports are available for inspection at the office of the City C Ierkl 445 E. Florida Avenue, Hemet, California.
The Press-Enter rise
Published: 12/29 22
CFD Notice (5209912) - Page 1 of 1
15.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 10 2023
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:
Public Hearing to Consider Formation of the City of Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) (“LMD 113”) and City of Hemet Streetlight Maintenance District No. 113 (CUP No. 19-015) (“SMD 113”), also known as Holiday Inn Express, generally located north of Florida Ave and east of Cawston Ave
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Open the Public Hearing and take testimony, if any; and,
2. Have the City Clerk count and tabulate the ballots and announce the results of the vote.
3. Should the tally of the ballots received indicate a majority affirmative for the proposed assessments, Council may proceed with the adoption of the following Resolutions: a Resolution of the City of Hemet Approving the Engineer’s Report for the formation of Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) and Levy and Collection of Assessments within such District for Fiscal Year 2023-2024 and Confirming Diagram and Assessments 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 XII of the California Constitution; and, a Resolution of the City of Hemet Approving the Engineer’s Report for the formation of Hemet Streetlight Maintenance District No. 113 (CUP No. 19-015) and Levy and Collection of Assessments within such District for Fiscal Year 2023-2024 and Confirming Diagram and Assessments 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 XII of the California Constitution.
BACKGROUND:
The City Council, on December 13, 2022, approved Resolution Nos. 2022-209 and 2022-215 initiating proceedings and approved Resolution No. 2022-208 and 2022-214 declaring its intention to levy annual assessments by forming Landscape Maintenance District No. 113 (CUP No. 19-015) and Streetlight Maintenance District No. 113 (CUP No. 19-015), and to levy and collect assessments against lots and parcels within such districts.
15.B
The Landscape assessments against the lots and parcels of land within the assessment district 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 district boundaries.
Streetlight 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.
On December 13th the City Council preliminarily approved the LMD 113 Engineer’s Report and the SMD 113 Engineer’s Report. Subsequent to the December 13th City Council meeting, minor clerical adjustments were made which have no impact on the assessment, as reflected in the Final Engineer’s Report herein.
ANALYSIS:
The total proposed landscape maintenance district assessment for FY 2023-2024 is $4,232.82.
The total proposed streetlight maintenance district assessment for FY 2023-2024 is $487.90.
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.
DISCUSSION:
The Final Assessment Engineer’s Reports have been prepared and are on file with the City Clerk pursuant to the Landscaping and Lighting Act of 1972.
The District consists of one parcel which comprises the commercial development known as Holiday Inn Express.
PREVIOUS COUNCIL ACTION:
• On December 13, 2022, the City Council adopted Resolution Nos. 2022-209 and 2022-215 initiating proceedings and approved Resolution Nos. 2022-208 and 2022-214 declaring its intention to levy annual assessments.
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: The implementation of this LMD and SMD will enhance the visual appearance of the community to make it attractive and reduce blight
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
15.B
Objective 3: Through the implementation of this LMD and SMD, maintenance of public infrastructure is ensured, which can increase the community's pride within the City FISCAL IMPACT:
There is no impact to the General Fund with this action. The individual property owners are responsible for the annual payments of assessments. The City will work with the County concerning the filing of the annual assessments to the County Auditor-Controller.
The property owners have filed a petition representing their willingness to move forward and have submitted a deposit to pay for City costs incurred in connection with the formation of the District. After the district is formed, the individual property owners shall be responsible for the annual payments of assessments. The City will file the annual assessment to be collected with the County Auditor-Controller for placement on the property tax bills. The City’s cost to administer Landscape Maintenance District No. 113 (CUP No. 19-015) and Streetlight Maintenance District No. 113 (CUP No. 19-015) annually will be reimbursed through the assessments charged to property owners. The revenue from the annual assessments will be deposited into a fund for Landscape Maintenance District No. 113 (CUP No. 19- 015) and Streetlight Maintenance District No. 113 (CUP No. 19-015) and will be used to pay said administrative expenses and for the maintenance services listed above. Both the revenue and expenses will be part of the City’s FY 2023-2024 Adopted Budget.
ALTERNATIVE(S):
Should the tally indicate a majority against the proposed assessments, the formation is denied without further action by the Council.
The City Council can also choose not to adopt the Resolutions or other resolutions associated with this Public Hearing for the City of Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) and Streetlight Maintenance District No. 113 (CUP No. 19-015). Listed facilities will not be maintained by the City of Hemet and provide alternate directions to staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1 - PH_Reso-LMD 113_HolidayInn_Draft
Attachment 2 - PH_Reso-SMD 113_HolidayInn_Draft
Attachment 3 - ER Holiday Inn Express CUP19-015 LMD No 113_FINAL_Rev Attachment 4 - ER HolidayInnExpress SMD No 113_FINAL_Rev Attachment 5 - Holiday Inn PH Presentation
Attachment 6 - CFD Affidavit
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) For Fiscal Year 2023-2024
CITY OF HEMET
Hemet, California
RESOLUTION NO. 23-XXX
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HEMET,
CALIFORNIA, APPROVING THE
FINAL ENGINEER’S REPORT 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 AND CONFIRMING DIAGRAM
AND ASSESSMENTS 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
THE CITY COUNCIL OF THE CITY OF HEMET FINDS,
DETERMINES, ORDERS, AND RESOLVES AS
FOLLOWS:
Section 1. On December 13th, the City
Council, by its Resolution No. 2022-209 initiated
proceedings, and by its Resolution No. 2022-208 declared its intention to levy annual assessments for the formation of the City of Hemet Landscape Maintenance District No. 113 (CUP 19-015) (the “District”), and to levy and collect
assessments against lots and parcels of land within such District pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section
22500 (the “Act”), to pay for the costs and expenses of operating, maintaining, and servicing ornamental structures, landscaping, and appurtenant facilities located within public places within the boundaries of the District.
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) For Fiscal Year 2023-2024
Section 2. The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report in connection with the annual levy of assessments against lots and parcels of land within the District, and the City Council did by previous Resolution preliminarily approve such report (the “Engineer’s Report”). Subsequent to the December 13th City Council
meeting, minor clerical adjustments were made which have no impact on the assessment, as reflected in the Final
Engineer’s Report.
Section 3. The City Council desires to levy and collect assessments against lots and parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay for the costs and expenses of operating, maintaining and servicing ornamental structures, landscaping, and appurtenant facilities located within public places within the boundaries of the District.
Section 4. A mailed ballot election in connection
with the levy of assessments within the District was required in accordance with Article XIII D of the California
Constitution.
Section 5. Following notice duly given, the City
Council has held a full and fair public hearing regarding the Final Engineer’s Report prepared in connection with the District and the levy and collection of assessments, and considered all oral and written statements, protests, and communications made or filed by interested persons.
Section 6. The City Council hereby finds that a
majority protest does not exist as defined in Section 4(e) of Article XIII D of the California Constitution with respect to the District. All oral and written protests and objections to the annual levy of assessments for this District and the proposed collection of assessments are hereby overruled by the City Council.
Section 7. Based upon its review of the Final
Engineer’s Report, a copy of which has been presented to the City Council hereby finds and determines with respect to the District included in the Final Engineer’s Report that:
(i) the land within the District will be special
benefited by the operation, maintenance, and
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) For Fiscal Year 2023-2024
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 boundaries of the
District; and
(ii) the District include all lands so specially
benefited; and
(iii) the net amount to be assessed upon the lots
and parcels within the District in accordance
with the assessment for the fiscal year
commencing July 1, 2023 and ending June 30,
2024 is apportioned by a formula and method
which fairly distributes the net amount among
all assessable lots or parcels in proportion to
the estimated special benefits to be received
by each lot or parcel from the improvements;
and
(iv) only special benefits are assessed and no
assessment is imposed on any parcel which
exceeds the reasonable cost of the
proportional special benefit conferred on that
parcel.
Section 8. The City Council hereby orders the
proposed improvements to be made as set forth in the Final Engineer’s Report, which improvements are briefly described as follows: 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 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,
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) For Fiscal Year 2023-2024
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.
Section 9. The City Council hereby confirms the
diagrams and assessments set forth in the Final Engineer’s Report. The maintenance, operation, and servicing of the ornamental structures, landscaping, and appurtenant
facilities shall be performed pursuant to law. Commencing with fiscal year 2023-2024, the County Auditor of Riverside County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessment after deduction of any compensation due the County for
collection shall be paid to the City Treasurer. For fiscal year 2023-2024, the City’s representative is hereby authorized and directed to collect such assessments.
Section 10. The assessments are in compliance
with the provisions of the Act and Article XIII D of the California Constitution, and the City Council has complied with all laws pertaining to the levy of annual assessments pursuant to the Act and Article XIII D of the California Constitution.
Section 11. The assessments are levied for the
purpose of paying the costs and expenses of the
improvements described in Section 5 above, for fiscal year 2023-2024.
Section 12. The City Treasurer shall deposit all
money representing assessments collected for the District to the credit of a special fund known as “Improvement Fund, City of Hemet Landscape Maintenance District” and such
money shall be expended only for the maintenance,
operation, and servicing of the landscape structures,
landscaping and appurtenant facilities as described in
Section 8 above.
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) For Fiscal Year 2023-2024
Section 13. The adoption of this Resolution
constitutes the levy of assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024.
Section 14. A certified copy of the diagrams and
assessments shall be filed in the office of the City Clerk and shall be open for public inspection.
PASSED, APPROVED, AND ADOPTED this 10th day of
January, 2023.
Joe Males, Mayor
ATTEST: APPROVED AS TO FORM:
John Paul Maier, City Clerk Stephen Graham, City
Attorney
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Landscape Maintenance District No. 113 (CUP No. 19-015) For Fiscal Year 2023-2024
State of California )
County of Riverside )
City of Hemet )
I, John Paul 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 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
John Paul Maier, City Clerk
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Streetlight Maintenance District No 113 (CUP 19-015) For Fiscal Year 2023-2024
1 2
3 4 CITY OF HEMET
5 Hemet, California
6 RESOLUTION NO. 2023-XXX
7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
9 HEMET, CALIFORNA, APPROVING THE FINAL ENGINEER’S
10 REPORT FOR THE FORMATION OF HEMET STREETLIGHT
11 MAINTENANCE DISTRICT NO. 113 (CUP 19-015) AND THE
12 LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH
13 DISTRICT FOR FISCAL YEAR 2023-2024 AND CONFIRMING
14 DIAGRAM AND ASSESSMENTS PURSUANT TO THE
15 LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF
16 DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
17 CODE AND AS PROVIDED BY ARTICLE XIII D OF THE
18 CALIFORNIA CONSTITUTION.
19 20
21 THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS 22 AND RESOLVES AS FOLLOWS:
23 24 Section 1. The City Council by its Resolution No. 2022-215 initiated 25 proceedings, and by its Resolution No. 2022-214 declared its intention to levy annual 26 assessments for the formation of the City of Hemet Streetlight Maintenance District No. 27 113 (CUP 19-015) (the “District”), and to levy and collect assessments against lots and 28 parcels of land within such District pursuant to the provisions of the Landscaping and 29 Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, 30 commencing with Section 22500 (the “Act”), to pay for the costs and expenses of 31 operating, maintaining, and servicing streetlight structures and appurtenant facilities 32 located within public places within the boundaries of the District. 33 34 Section 2. The Engineer selected by the City Council has prepared and 35 filed with the City Clerk, and the City Clerk has presented to the City Council, a report in 36 connection with the annual levy of assessments against lots and parcels of land within 37 the District, and the City Council did by previous Resolution approve such report. 38 Subsequent to the December 13th City Council meeting, minor clerical adjustments 39 were included in the Final Engineer’s Report (the “Final Engineer’s Report”) which have 40 no impact on the assessment.
41 42 Section 3. The City Council desires to levy and collect assessments 43 against lots and parcels of land within the District for the fiscal year commencing July 1, 44 2023 and ending June 30, 2024, to pay for the costs and expenses of operating, 45 maintaining and servicing streetlight structures and appurtenant facilities located within 46 public places within the boundaries of the District.
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Streetlight Maintenance District No 113 (CUP 19-015) For Fiscal Year 2023-2024
1 2 Section 4. A mailed ballot election in connection with the levy of assessments 3 within the District was required in accordance with Article XIII D of the California 4 Constitution.
5 6 Section 5. Following notice duly given, the City Council has held a full and fair 7 public hearing regarding the Final Engineer’s Report prepared in connection with the 8 District and the levy and collection of assessments, and considered all oral and written 9 statements, protests and communications made or filed by interested persons. 10 11 Section 6. The City Council hereby finds that a majority protest does not exist 12 as defined in Section 4(e) of Article XIII D of the California Constitution with respect to 13 the District. All oral and written protests and objections to the annual levy of 14 assessments for this District and the proposed collection of assessments are hereby 15 overruled by the City Council.
16 17 Section 7. Based upon its review of the Final Engineer’s Report, a copy of 18 which has been presented to the City Council hereby finds and determines with respect 19 to the District included in the Final Engineer’s Report that:
20 21 (i) the land within the District will be special benefited by the operation, 22 maintenance, and servicing of streetlight structures and appurtenant 23 facilities located in public places within the boundaries of the District; and 24 25 (ii) the District include all lands so specially benefited; and 26 27 (iii) the net amount to be assessed upon the lots and parcels within the District 28 in accordance with the assessment for the fiscal year commencing July 1, 29 2023 and ending June 30, 2024 is apportioned by a formula and method 30 which fairly distributes the net amount among all assessable lots or 31 parcels in proportion to the estimated special benefits to be received by 32 each lot or parcel from the improvements; and
33 34 (iv) only special benefits are assessed and no assessment is imposed on any 35 parcel which exceeds the reasonable cost of the proportional special 36 benefit conferred on that parcel.
37 38 Section 8. The City Council hereby orders the proposed improvements to be 39 made as set forth in the Final Engineer’s Report, which improvements are briefly 40 described as follows: Installation, construction, or maintenance of any authorized 41 improvements under the Act, including, but not limited to streetlight improvements and 42 any facilities which are appurtenant to any of the aforementioned or which are 43 necessary or convenient for the maintenance or servicing thereof. 44 45 Section 9. The City Council hereby confirms the diagrams and assessments 46 set forth in the Final Engineer’s Report. The maintenance, operation, and servicing of
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Streetlight Maintenance District No 113 (CUP 19-015) For Fiscal Year 2023-2024
1 the streetlight structures and appurtenant facilities shall be performed pursuant to law. 2 Commencing with fiscal year 2023-2024, the County Auditor of Riverside County shall 3 enter on the County Assessment Roll opposite each lot or parcel of land the amount of 4 the assessment, and such assessments shall be collected at the same time and in the 5 same manner as the County taxes are collected. After collection by the County, the net 6 amount of the assessment after deduction of any compensation due the County for 7 collection shall be paid to the City Treasurer. For fiscal year 2023-2024, the City’s 8 representative is hereby authorized and directed to collect such assessments. 9 10 Section 10. The assessments are in compliance with the provisions of the Act 11 and Article XIII D of the California Constitution, and the City Council has complied with 12 all laws pertaining to the levy of annual assessments pursuant to the Act and Article XIII 13 D of the California Constitution.
14 15 Section 11. The assessments are levied for the purpose of paying the costs 16 and expenses of the improvements described in Section 3 above, for fiscal year 2023- 17 2024.
18 19 Section 12. The City Treasurer shall deposit all money representing 20 assessments collected for the District to the credit of a special fund known as 21 “Improvement Fund, City of Hemet Streetlight Maintenance District” and such money 22 shall be expended only for the maintenance, operation, and servicing of the streetlight 23 structures and appurtenant facilities as described in Section 8 above. 24 25 Section 13. The adoption of this Resolution constitutes the levy of assessments 26 for the fiscal year commencing July 1, 2023 and ending June 30, 2024. 27 28 Section 14. A certified copy of the diagrams and assessments shall be filed in 29 the office of the City Clerk and shall be open for public inspection. 30 31 PASSED, APPROVED, AND ADOPTED this 10th day of January, 2023. 32 33
34 35
36 Joe Males, Mayor
37 38
39 40 ATTEST: APPROVED AS TO FORM:
41 42
43 44 John Paul Maier, City Clerk Stephen Graham, City Attorney 45 46
15.B
CITY COUNCIL RESOLUTION NO. 2023-XXX
Hemet Streetlight Maintenance District No 113 (CUP 19-015) For Fiscal Year 2023-2024
1 2 State of California )
3 County of Riverside )
4 City of Hemet )
5 6 I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the 7 foregoing resolution is the actual resolution adopted by the City Council of the City 8 of Hemet and was passed at a regular meeting of the City Council on the 10th day of 9 January 2023 by the following vote:
10 11
12 13 AYES:
14 NOES:
15 ABSTAIN:
16 ABSENT:
17 18
19 20
21 John Paul Maier, City Clerk
22 23
24 25
26 27
28 29
30
15.B
CITY OF HEMET
FINAL ENGINEER’S FINAL REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT
NO. 113 (CUP 19-015)
DECEMBER 2022
PREPARED BY
41593 Winchester Rd, Suite 200
Temecula, CA 92590
www.weareharris.com
15.B
Final 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
15.B
Final 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 FINAL 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 Code (“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 Final Report (“Final Report”) for the City of Hemet (“City”).
This Final 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 Final 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 therefore 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:
15.B
Final 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 this Final 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 Final 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
15.B
Final 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 Final Report. On the 13th day of December, 2022 the City Council, City of Hemet, State of California, ordering the preparation of the Engineer’s Final Report providing for the formation of LMD No. 113 did, pursuant to the provisions of the 1972 Act, adopt Resolution No. 2022-208 for a special assessment district known and designated as:
LMD No. 113
Subsequent to the December 13th City Council meeting, minor clerical adjustments were made which have no impact on the assessment, as reflected in the Final Engineer’s Final Report herein.
The formation of LMD No. 113 includes the parcel identified by the Assessor Parcel Number (APN) valid as of the date of this Final Report:
448-250-006
Establishment of a landscape maintenance district for the maintenance of improvements in perpetuity is a prerequisite for development of this 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 Final 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 Final 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 comprises the commercial
15.B
Final Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015
2 development known as LMD No. 113. The proposed improvements described in this Final 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 this Final 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 Final 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. 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 Diagram/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 Final 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 Final Report are based on the Plans provided to Harris as of the date of this Final Report, including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the proposed improvements.
15.B
Final 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 Final Report:
448-250-006
A general boundary map for the District is presented in Part IV of this Final 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 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.
15.B
Final 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 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 Final 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.
15.B
Final 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 City 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 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 based
15.B
Final 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 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 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
15.B
Final Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015
7 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 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 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 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-ofway 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
15.B
Final Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015
8 • 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.
15.B
Final 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:
15.B
Final 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 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 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 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 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.
15.B
Final 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 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 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. 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 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 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. Governmentowned 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 landscaping improvements and are not assessed.
15.B
Final 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 well-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.
15.B
Final 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 benefits 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.
• 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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Final 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 CPIU 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 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 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.
15.B
Final Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015
15 PART III – COST ESTIMATE
15.B
Final 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 Final 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 Final 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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Final Engineer’s Report
Landscape Maintenance District No. 113
CUP 19-015
17
15.B
Final 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 Final 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 Final Report:
448-250-006
The initial Maximum Assessment for each parcel will be as follows.
LANDSCAPE MAINTENANCE DISTRICT NO. 113 (CUP 19-015)
PROPOSED FISCAL YEAR 2023-2024 MAXIMUM ASSESSMENT
Lot/Parcel
Number Acres EBUs Maximum Assessment1,2
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.
15.B
CITY OF HEMET
FINAL ENGINEER’S REPORT FOR
STREETLIGHT MAINTENANCE DISTRICT
NO. 113 (CUP 19-015)
December 2022
PREPARED BY
41593 Winchester Rd, Suite 200
Temecula, CA 92590
www.weareharris.com
15.B
Final 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
15.B
Final 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 Code (“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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Final 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 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 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
15.B
Final 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. 2022-214 for a special assessment district known and designated as:
SMD No. 113
Subsequent to the December 13th City Council meeting, minor clerical adjustments were made which have no impact on the assessment, as reflected in the Final Engineer’s Report herein.
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 this 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 comprises the commercial
15.B
Final Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015
2 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 this Report. (1) City of Hemet Community Facilities 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 assessment. 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.
15.B
Final 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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Final Engineer’s Report
Streetlight 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 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. 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.
15.B
Final 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 City 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 converted to EBUs based on the assessment formula appropriate for the City. Single Family Residential, which includes
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Final 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 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 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
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Final Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015
7 (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.
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 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 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 these 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 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-ofway 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
15.B
Final 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 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.
15.B
Final 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:
15.B
Final 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 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 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 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.
15.B
Final 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 associated 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 public 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.
15.B
Final 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%
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. Governmentowned 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.
• Improved visibility for egress from and ingress to the property.
15.B
Final Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015
13 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 $118.95 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 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 CPIU 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 calculated each year does 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.
15.B
Final Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015
14 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.
15.B
Final Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015
15 PART III – COST ESTIMATE
15.B
Final 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.
15.B
Final Engineer’s Report
Streetlight Maintenance District No. 113
CUP 19-015
17
15.B
Final 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 ASSESSMENT
Assessor Parcel
Number Acres EBUs
Maximum
Assessment1,2
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.
15.B
Hemet City Council
Public Hearing for Landscape and Streetlight Assessment Districts (LMD 113 & SMD 113) Holiday Inn
Public Works Department
January 10, 2023
15.B
Holiday Inn
– LMD/SMD No. 113
• Generally located north of Florida
Ave, south of A Street, east of
Cawston and west of Golden
Village Drive.
• Commercial development for a
hotel.
• Improvements to be maintained
are along Florida Ave.
15.B
Holiday Inn
– LMD No. 113
Landscape Assessments will pay for: ❖ Operation, maintenance, and servicing of ornamental structures, landscaping, and appurtenant facilities.
❖ Total proposed LMD No.113 assessment for FY 2023-2024 is $4,232.82
❖ Initial maximum assessment is subject to an annual increase of the greater of the CPI or 4%.
15.B
Holiday Inn
– SMD No. 113
Streetlight Assessments will pay for: ❖ Operation, maintenance, and servicing of streetlights and appurtenant structures.
❖ Total proposed SMD No.113 assessment for FY 2023-2024 is $487.90
❖ Initial maximum assessment is subject to an annual increase of the greater of the CPI or 4%.
15.B
Holiday Inn
– LMD/SMD No. 113 Public Hearing
Staff Recommendations: • Hear any public testimony • Have the City Clerk announce the results of the vote • Should the results indicate a majority in support for the proposed assessments: ➢Adopt resolutions approving the Engineers Reports for the formations of the Landscape and Streetlight Maintenance Districts No. 113. and Levy and Collection of Assessments within such Districts for Fiscal Year 2023-2024.
15.B
Strategic Plan Integration
Quality of Life
The implementation of these assessment districts will ensure proper maintenance is funded into perpetuity which will enhance the visual appearance of the community to make it attractive and reduce blight and increase pride in the City.
15.B
Discussion & Follow Up
15.B
THEPRESS-ENTERPRISE
KEEP YOUR EYES ON THE ’PRISE
pe.cam The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Hemet
445 E. Florida Ave
Hemet, California 92543
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011578557
FILE NO. 0011578557
PROOF OF PUBLICATION
I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the aboveentitled matter. I am an authorized representative of THE PRESSENTERPRISE, a newspaper of general circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, ofwhich the annexed is a printed copy, has been published in said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
12/29/2022
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: December 29, 2022.
At: Riverside, California
4//IL
Signature
CITY OF HEMET
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that (1 public hearing Will be held before the City Council of the City of Hemet at its regular meeting on Tuesday January 10, 2023, at 7:00 P.N\., in the Council Chambers ?l??E.]LathamAve. Hemet. California. to consider adoption of the o ow ng:
Zanclerson Plaza LMD 112:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET.
CALIFORNA; APPROVING THE FINAL ENGINEER’S REPORT FOR
THE FORMATION OF HEMET LANDSCAPE MAINTENANCE DISTRICT
NO. 112 (PM 3?196/CUP 16-006) AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT FOR FISCAL YEAR 2023-2024
AND CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACTOF 1972; PART2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION Zanclerson Plaza SMD 112:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET.
CALIFORNA; APPROVING THE F|NALENG|NEER’S REPORT FOR THE
FORMATION OF HEMET STREETLIGHT MAINTENANCE DISTRICT
NO. 112 (PM 3?196/CUP 16-006) AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT FOR FISCAL YEAR 2023-2024
AND CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1932. PART2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION Holiday Inn LMD113:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET.
CALIFORNA. APPROVING THE FINAL ENG|NEER'S REPORT
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
AND CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1932. PART2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.
Holidu Inn SMD 113:
A RE OLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET.
CALIFORNA. APPROVING THE FINAL ENGINEER’S REPORT 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
AND CONFIRMING DIAGRAM AND ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1932. PART2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.
These persons who wish to testify either for or against the adoption of said Resolutions will have the opportunity to do so at this time.
Resolutions and Engineer's Reports are available for inspection at the office of the City C Ierkl 445 E. Florida Avenue, Hemet, California.
The Press-Enter rise
Published: 12/29 22
CFD Notice (5209912) - Page 1 of 1
15.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 10 2023
Department: Finance
Submitted by: Eddie Pust, Interim City Manager
Paul Espinoza, Interim Finance Director;
☒ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
The City of Hemet Warrant Registers Dated December 1, 2022, in the amount of $1,528,203.15 and December 15, 2022, in the amount of $1,105,671.10. The Payroll Periods of November 14, 2022 – November 27, 2022, in the amount of $829,983.65 and November 28, 2022 - December 11, 2022, in the amount of $1,148,431.64
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Receive and file the City of Hemet Warrant Registers.
BACKGROUND:
The City of Hemet Warrant Registers Dated December 1, 2022, in the amount of $1,528,203.15, and December 15, 2022, in the amount of $1,105,671.10.
The Payroll Periods of November 14, 2022 – November 27, 2022, in the amount of $829,983.65, and November 28, 2022 – December 11, 2022, in the amount of $1,148,431.64.
ANALYSIS:
In this month’s warrant registers the following payment was in excess of $500,000.00.
Check # Vendor Amount Description
203508 Calmex Engineering Inc. $681,286.49 CIP 5726 21/22 Citywide Payment STRATEGIC PLAN INTEGRATION:
16.A
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 2: Increase transparency for the public.
ATTACHMENT(S):
120122 voucher listing
121522 voucher listing
16.A
12/01/2022
Voucher List
City of Hemet
1 12:19:15PM
vchlist Page:
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 203478 12/1/2022 80733 A CUT ABOVE AUTO GLASS 11272 BLANKET PURCHASE ORDER 2023-000064 VEHICLE WINDSHIELD REPAIR/REPLACEMENT
684-4550-2350 540.00
Total : 540.00
203479 12/1/2022 10345 ADAMSON POLICE PRODUCTS INV387719 PACT 40 MM LAUNCHER 2022-000380 260-1425~
110-3010-5410 925.69
NEW Riverside Co Sales Tax
110-3010-5410 81.01
INV387721 40 MM LAUNCHERS (4)
2022-000407 260-1425~
110-3003-2700 3,702.76
NEW Riverside Co Sales Tax
110-3003-2700 323.99
Total : 5,033.45
203480 12/1/2022 95186 ADVANCE REFRIGERATION & ICE 52755 REFRIGERATOR REPAIR
REFRIGERATOR REPAIR
685-4560-2450 2,213.28
Total : 2,213.28
203481 12/1/2022 87633 AETNA DEC 2022 RETIREES OVER 65 AND DEPENDENTS RETIREES OVER 65 AND DEPENDENTS
689-2150-2400 26,024.84
RETIREES OVER 65 AND DEPENDENTS
750-2152 1,082.84
Total : 27,107.68
203482 12/1/2022 97857 AETNA DEC 2022 AETNA COMBINED PPO, HMO, SILVERSCRIPT
AETNA COMBINED PPO, HMO, SILVERSCRIPT
750-2152 991.32
AETNA COMBINED PPO, HMO, SILVERSCRIPT
689-2150-2400 36,804.45
Page:
1
16.A
12/01/2022
Voucher List
City of Hemet
2 12:19:15PM
vchlist Page:
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 203482 12/1/2022 97857 97857 AETNA (Continued) Total
: 37,795.77
203483 12/1/2022 92494 AETNA HEALTH OF CALIFORNIA DEC 2022 AETNA COMBINED 1011 AETNA COMBINED 1011
750-2153 3,011.14
AETNA COMBINED 1011
689-2150-2400 182,532.54
Total : 185,543.68
203484 12/1/2022 72800 AGRISCAPE, INC 140415 PLANTER MIX/WOOD CHIP MULCH FOR PARKS 2023-000187 PLANTER MIX/WOOD CHIP MULCH FOR PARKS
571-9000-2450 130.50
Total : 130.50
203485 12/1/2022 54790 AIRGAS USA, LLC 9992649269 BLANKET PURCHASE ORDER 2023-000066 WELDING AND OXYGEN SUPPLIES
221-4200-2450 295.09
Total : 295.09
203486 12/1/2022 10710 AL'S KUBOTA TRACTOR INC 239004 MISC TRACTOR PARTS & SUPPLIES 2023-000188 MISC TRACTOR PARTS & SUPPLIES
110-3241-2850 184.51
239018 MISC TRACTOR PARTS & SUPPLIES
2023-000188 MISC TRACTOR PARTS & SUPPLIES
110-4250-2450 82.86
240302 MISC TRACTOR PARTS & SUPPLIES
2023-000188 MISC TRACTOR PARTS & SUPPLIES
225-8250-2450 108.64
2023-000188 MISC TRACTOR PARTS & SUPPLIES
110-4250-2450 108.64
240319 MISC TRACTOR PARTS & SUPPLIES
2023-000188 MISC TRACTOR PARTS & SUPPLIES
110-3241-2850 555.70
Total : 1,040.35
203487 12/1/2022 88078 ALTA LANGUAGE SERVICE INC IS619845 LISTENING AND SPEAKING TEST
LISTENING AND SPEAKING TEST
Page:
2
16.A
12/01/2022
Voucher List
City of Hemet
3 12:19:15PM
vchlist Page:
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 203487 12/1/2022 88078 ALTA LANGUAGE SERVICE INC (Continued) 100-1801-2710 204.00
Total : 204.00
203488 12/1/2022 86413 ALVAREZ, GONZALO TRAVEL ADVANCE, IAPE PROP & EVIDENCE MGMT
ADVANCE, IAPE PROP & EVIDENCE MGMT
110-3000-2560 125.00
Total : 125.00
203489 12/1/2022 79612 AMAZON.COM 3082 MISC CITY DEPARTMENT SUPPLIES~ 2023-000033 MISC CITY DEPARTMENT SUPPLIES
110-3003-2700 266.98
2023-000033 MISC CITY DEPARTMENT SUPPLIES
110-3000-2250 408.34
2023-000033 MISC CITY DEPARTMENT SUPPLIES
115-3000-2250 88.97
5780 MISC CITY DEPARTMENT SUPPLIES~
2023-000033 MISC CITY DEPARTMENT SUPPLIES
680-1935-2200 118.66
2023-000033 MISC CITY DEPARTMENT SUPPLIES
680-1935-2450 335.56
2023-000033 MISC CITY DEPARTMENT SUPPLIES
680-1935-2800 145.65
2023-000033 MISC CITY DEPARTMENT SUPPLIES
680-1934-2450 980.15
6242 MISC CITY DEPARTMENT SUPPLIES~
2023-000033 MISC CITY DEPARTMENT SUPPLIES
110-3241-2450 98.92
2023-000033 MISC CITY DEPARTMENT SUPPLIES
110-3225-2250 121.62
2023-000033 MISC CITY DEPARTMENT SUPPLIES
110-3200-2250 1,108.87
9714 MISC CITY DEPARTMENT SUPPLIES~
2023-000033 MISC CITY DEPARTMENT SUPPLIES
363-6101-2224 37.01
2023-000033 MISC CITY DEPARTMENT SUPPLIES
Page:
3
16.A
12/01/2022
Voucher List
City of Hemet
4 12:19:15PM
vchlist Page:
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 203489 12/1/2022 79612 AMAZON.COM (Continued)
160-6100-2250 64.56
2023-000033 MISC CITY DEPARTMENT SUPPLIES
120-3350-2250 42.13
2023-000033 MISC CITY DEPARTMENT SUPPLIES
363-6101-2226 44.22
2023-000033 MISC CITY DEPARTMENT SUPPLIES
363-6102-2222 212.13
2023-000033 LITERATURE
363-6102-2222 -5.53
Total : 4,068.24
203490 12/1/2022 98007 AMERICAN VETERAN CONSTRUCTION 01890 AMERICAN VETERAN ABATEMENT 2023-000366 CODE ABATEMENT OF GRAFFITI, HOME BOARD
120-3350-2710 2,490.00
2023-000366 CORRECTING ENTRY TO CHARGE PREVIOUSLY
120-3350-2710 -1,495.00
Total : 995.00
203491 12/1/2022 11526 ANADY'S TROPHIES & ENGR INC 118259 ENGRAVING, PLAQUES, NAME PLAQUES, NAME B 2023-000034 ENGRAVING, PLAQUES, NAME PLAQUES, NAME
100-1201-2710 206.63
118705 ENGRAVING, PLAQUES, NAME PLAQUES, NAME B
2023-000034 ENGRAVING, PLAQUES, NAME PLAQUES, NAME
115-3000-2710 28.28
Total : 234.91
203492 12/1/2022 98291 ANGUIANO, JOSE REQ 112922 REIMB EXPENSE, WORK BOOTS
REIMB EXPENSE, WORK BOOTS
571-9000-2700 175.00
Total : 175.00
203493 12/1/2022 91418 APCO INTERNATIONAL 921535 2023 APCO MEMBERSHIP DUES 2023 APCO MEMBERSHIP DUES
110-3000-2550 451.00
Total : 451.00
Page:
4
16.A
12/01/2022
Voucher List
City of Hemet
5 12:19:15PM
vchlist Page:
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 203494 12/1/2022 73291 ARROW PRINTING, INC 23313 FOR PRINTING SERVICES 2023-000161 FOR PRINTING SERVICES
685-4560-2250 20.00
2023-000161 FOR PRINTING SERVICES
571-9000-2250 71.35
Total : 91.35
203495 12/1/2022
81117 ARROWHEAD FORENSICS 153811 HEMET PD SUPPLIES
2023-000246 FORENSIC PRODUCTS
110-3002-2700 203.94
Total : 203.94
203496 12/1/2022 85561 ARROYO BACKGROUND INVESTIGATIO 2878 PD BACKGROUND INVESTIGATIONS 2023-000342 EMPLOYMENT BACKGROUND INVESTIGATIONS~
115-3000-2710 1,350.00
Total : 1,350.00
203497 12/1/2022 87684 B A V C O 187213 BACKFLOW DEVICES, PARTS & ACCESSORIES 2023-000071 BACKFLOW DEVICES, PARTS & ACCESSORIES
685-4560-2450 85.81
Total : 85.81
203498 12/1/2022 13561 B J SPORTING GOODS, INC 89900 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON R 2023-000035 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON
571-9000-2700 173.99
89956 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON R
2023-000035 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON
270-7012-2450 173.99
89957 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON R
2023-000035 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON
270-7012-2450 173.99
89958 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON R
2023-000035 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON
270-7012-2450 173.99
89959 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON R
2023-000035 EMPLOYEE BOOTS & MISC ITEMS FOR WEAPON
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