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ATTEST: APPROVED:
______________________________ ____________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, _______________________, ____________________, City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original Resolution No. 22-32, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this ______ day of _________, 2022.
(seal)
__________________________________
CITY OF LANCASTER
FY 2021-22
TDA 8 WORKSHEET
DAC/ GL# Project Code Project Title Start Completion TDA8 Other Funding
Sources Total Budget
206 * 15BW008 * 15BW008 10TH ST W BIKEWAY& ROAD DIET 08/16/18 06/30/22 10,735.78 589,892.02 600,627.80 206 * 15ST058 * 15ST058 LANCASTER HEALTH DISTRICT 07/01/20 06/30/22 1,210,970.47 24,081,848.37 25,292,818.84 206 * 15ST070 * 15ST070 TRAFFIC OVERHEAD SIGN REPLACE 07/01/20 06/30/22 180,835.44 215,371.00 396,206.44 206 * 15SW016 * 15SW016 PEDESTRIAN GAP CLOSURE IMPS 07/01/20 05/16/22 1,156,893.30 10,513,458.47 11,670,351.77 206 * 16TC003 * 16TC003 HIGH VIS XWALK STANDARDIZATION 03/01/22 03/31/23 77,700.00 - 77,700.00 206 * 12ST043 * 12ST043 2020 FALL PVMT MGMT PROG 03/01/21 06/30/22 100,000.00 10,476,413.89 10,576,413.89 206 * 16ST034 * 16ST034 COMMERCL DRVWAY ACCESS MODS 03/01/22 03/31/23 3,930.00 35,370.00 39,300.00 206 * 12TC005 * 12TC005 EDGELINE REFRESH PROJECT 03/01/22 03/31/23 30,000.00 - 30,000.00 TOTAL CAPITAL PROJECT BUDGET 2,771,064.99 45,912,353.75 48,683,418.74 DATE Cayenta Budget as of 05/03/22
STAFF REPORT
City of Lancaster
CC 11
6/28/2022
JC
Date: June 28, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Government Waste Tire Cleanup Grant Program for Fiscal Year 2022-2023 through Fiscal Year 2026-2027
Recommendation:
Adopt Resolution No. 22-33, authorizing the submittal of application to the California Department of Resources Recycling and Recovery (CalRecycle) under the Local Government Waste Tire Cleanup Grant Program for which the City of Lancaster is eligible; and if selected, approving the execution of standard agreements and any amendments thereto, any related documents necessary to participate, and continued participation of previously awarded grants.
Fiscal Impact:
None for this particular action. If the City is successful in the grant processes, additional funding will be available to the City for approved waste tire cleanup activities.
Background:
The Development Services Department staff routinely submits applications to CalRecycle in order to receive grant funds for the Local Government Waste Tire Cleanup. An approved resolution is required to adopt and implement these grant programs. As efforts are successful in acquiring the award of these funds to support the Team Illegal Dumping Elimination crew (T.I.D.E.) to address complaints of illegal waste tire dumping. The T.I.D.E. crew will participate in cleanup activities throughout the City of Lancaster.
The primary objective of the grant programs is to encourage activities that promote reducing the number of waste tires going to landfills for disposal and eliminating the stockpiling of waste tires.
Activities include tire pile cleanup and enforcement, market development, and demonstration projects. These activities will contribute to reduction of illegal dumping throughout the City of Lancaster.
9 6
7 Significant components of the programs include inspections of illegal dumping sites, community awareness, and waste tire cleanups. The T.I.D.E. crew will be active in the cleanup of illegally dumped or discarded waste tires. Staff will focus on educating the public on illegal dumping, recycling and other waste tire related activities as well as providing information to businesses on the laws and regulations surrounding waste tire activity.
Participation in the grant program will help increase services to our citizens and the community as a whole, and enhance efforts to remove waste tires that are a health and safety hazard and a source of blight within the City.
Attachment:
TCU Resolution No. 22-33
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RESOLUTION NO. 22-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER CALIFORNIA, AUTHORIZING THE SUBMITTAL
OF APPLICATION TO THE CALIFORNIA DEPARTMENT OF
RESOURCES RECYCLING AND RECOVERY (CALRECYCLE)
UNDER THE LOCAL GOVERNMENT WASTE TIRE CLEANUP
GRANT PROGRAM FOR WHICH THE CITY OF LANCASTER IS
ELIGIBLE; AND IF SELECTED, APPROVING THE EXECUTION
OF STANDARD AGREEMENTS AND ANY AMENDMENTS
THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO
PARTICIPATE.
WHEREAS, Public Resources Code Sections 40000 et seq. authorize the California Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs in furtherance of the State of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish necessary procedures governing the application, awarding and management of the Grants; and WHEREAS, procedures established by the State and CalRecycle require each Applicant's governing body to certify by resolution its approval of the submittal of a Grant Application[s] to CalRecycle; and
WHEREAS, if awarded, the City of Lancaster will enter into a Grant Agreement with CalRecycle for implementation of said Grant(s);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, AS FOLLOWS:
Section 1. The City of Lancaster authorizes the submittal of Local Government Waste Tire Cleanup Grant Application to CalRecycle for all available Grants for which City of Lancaster is eligible. These authorizations are effective for five (5) years from the date of adoption of this resolution.
Section 2. The reasonably expected maximum principal amount for all eligible Local Government Waste Tire Cleanup Grants is not to exceed the maximum annual monetary amount set forth within the grant application.
Section 3. If the application for funding is approved, the City of Lancaster hereby agrees to use the Local Government Waste Tire Cleanup Grant funds for eligible activities in the manner presented in the application as approved and in accordance with regulations cited above.
The City Manager, or his/her designee is hereby authorized to execute a standard agreement, any amendments thereto, and any and all other documents or instruments necessary or required by CalRecycle for participation in the Local Government Waste Tire Cleanup Grant program 2 5
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(collectively, the required documents).
Section 4. This resolution is consistent with the budgetary and financial circumstances of the City, as of the date hereof. No moneys from sources other than the Grant issue are, or are reasonable expected to be reserved, allocated on a long-term basis, or otherwise set aside by the City (or any related party) pursuant to their budget or financial policies with respect to the costs of the Local Government Waste Tire Cleanup Grant. To the best of our knowledge, this City is not aware of the previous adoption of official intents by the City that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
Section 5. This resolution is adopted as official action of the City in order to comply with Public Resources Code sections 40000 and any other regulations of CalRecycle relating to the qualification for reimbursement of City expenditures incurred prior to the date of issue of the Local Government Waste Tire Cleanup Grant, is part of the City's official proceedings, and will be available for inspection by the general public at the main administrative office of the City.
Section 6. All the recitals in this Resolution are true and correct and this City so finds, determines and represents.
PASSED, APPROVED and ADOPTED this 28th day of June, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
______________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
Resolution No.
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STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 22-33, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
___________________________________
STAFF REPORT
City of Lancaster
Date: June 28, 2022
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Subject: Adopt Resolution No. 22-34 Granting Authority to the City Manager to Enter into Certain Contracts on behalf of Lancaster Choice Energy and Rescinding and Replacing Resolution No. 15-44
Recommendation:
That the City Council Adopt Resolution No. 22-34 Granting Authority to the City Manager to Enter into Certain Contracts on behalf of Lancaster Choice Energy and Rescinding and Replacing Resolution No. 15-44.
Fiscal Impact:
None.
Background:
On May 27, 2014, City Council adopted Ordinance No. 997 Establishing the Lancaster Community Choice Aggregation (CCA) Program, Lancaster Choice Energy (LCE). LCE began serving customers in May 2015.
Because time is of the essence in certain energy contracting situations and LCE agreements often require swift execution, it is appropriate for LCE executive management to have the discretion to execute certain LCE power supply contracts. City Council adopted Resolution No. 15-44 which granted certain procurement authority to the City Manager. Staff now recommends that the City Council modify that granted authority to include certain procurements that are mandated by the California Public Utilities Commission but are unlikely to raise policy concerns requiring City Council approval prior to execution. These contracts, if not executed, would likely result in non- compliance, and would subject the LCE program to financial penalties or other consequences. To ensure transparency, the City Manager, or his or her designee, shall report all such agreements to the City Council on a monthly basis.
Attachments:
Resolution No. 22-34
CC 12
06/28/22
JC
RESOLUTION NO. 22-34
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER
GRANTING AUTHORITY TO THE CITY MANAGER TO ENTER INTO
CERTAIN CONTRACTS ON BEHALF OF LANCASTER CHOICE ENERGY
WHEREAS, the City of Lancaster (the “City”) is a charter city and municipal corporation duly organized and validly existing under and by virtue of the Constitution and laws of the State of California; and
WHEREAS, Lancaster Choice Energy (“LCE”), the City’s community choice aggregation, has been formed by the City for the purposes of serving the retail electric service customers residing and doing business in the City of Lancaster; and WHEREAS, the City Council of the City of Lancaster (the “City Council”) is the local authority with jurisdiction over LCE and acts as the governing body of LCE (the “LCE Board”); and
WHEREAS, the City Council, acting as the LCE Board, finds and declares that for shorter- term transactions involving energy, resource adequacy capacity and/or renewable energy certificates, and for longer-term transactions that are entered into for the purpose of fulfilling state- mandated compliance obligations, it is appropriate for LCE management to have discretion in contracting, consistent with its responsibilities and expertise in efficiently operating the LCE program; and
WHEREAS, the City Council, acting as the LCE Board, finds and declares that time is often of the essence in such transactions, and that such transactions are unlikely to raise policy considerations that require LCE Board input; and
WHEREAS, the City Council, acting as the LCE Board, finds and declares that for longer- term commitments, such as those that are not entered into for the purpose of fulfilling state- mandated compliance obligations, it is appropriate for the LCE Board to exercise a greater degree of oversight; and
WHEREAS, the City Council, acting as the LCE Board, wishes to grant the City Manager of the City of Lancaster authority to execute certain shorter-term LCE contracts that are consistent with LCE’s forecasted energy consumption.
WHEREAS, the City Council, acting as the LCE Board, finds and declares that LCE management may from time to time procure in excess of its requirements for energy, resource adequacy capacity, and/or renewable energy certificates, and to sell any such excess products.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER ACTING
AS THE GOVERNING BODY OF LANCASTER CHOICE ENERGY, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Resolution No. 22-34
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Section 2. Resolution No. 15-44 is hereby rescinded in its entirety and replaced with the following:
A. Direct Procurements. The City Manager of the City of Lancaster, or his or her designee, (collectively, the “City Manager”) is hereby authorized to enter into contracts for the purpose of directly procuring energy products, including from time to time the procurement of excess energy products, and/or the sale of such excess energy products subject to the Procurement Limitations set forth in Paragraph C, below.
B. Indirect Procurements. The City Council further authorizes the Authority to negotiate, from time to time, the Authority’s entry into purchase contracts on behalf of the City for the purchase of energy and renewable energy, and related products, and for which contracts the City shall be solely responsible for payment through the Security Agreements (each, an “Energy Contract”), which Energy Contract shall be substantially similar to the form attached to the Services Agreement as Exhibit “A”; provided that the term of any such Energy Contract shall not exceed the Procurement Limitations set forth in Paragraph C, below. The Authority shall provide the proposed Energy Contract to the City Manager, or his/her authorized designee, who is hereby authorized and directed to review the proposed Energy Contract and, in the exercise of his/her reasonable discretion, provide the Authority with his/her written approval thereof. The Authority shall have, and the City Manager may not withhold, the authority to grant a seller under the Energy Contract a first priority security interest in the collateral (i.e. the lock box account) secured by the Security Agreements.
C. Procurement Limitations. The City Manager and Authority’s authorization to enter into contracts for the purpose of procuring energy products, including from time to time the procurement of excess energy products, and/or the sale of such excess energy products, shall be subject to the following limitations:
a.Short-Term Agreements: The Authority and/or City Manager may enter into Power Purchase Agreements (“PPAs”) (energy, resource adequacy capacity and/or renewable energy certificates) with terms of twelve (12) months or fewer. The City Manager shall report all such agreements to the LCE board on a monthly basis. b.Medium-Term Agreements: The Authority and/or City Manager acting in conjunction with the City Attorney, may enter into PPAs (energy, resource adequacy capacity, and/or renewable energy certificates) with terms of greater than twelve (12) months but not more than five (5) years. Notwithstanding the foregoing, the Authority and/or City Manager acting in conjunction with the City Attorney, may enter into PPAs (energy, resource adequacy capacity, and/or renewable energy certificates) for the fulfillment of state-mandated compliance obligations with terms of greater than twelve (12) months but not more than twenty (20) years. The City Manager shall report all such agreements to the LCE Board on a monthly basis.
Resolution No. 22-34
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c.Long-Term Agreements: Approval by the LCE Board is required before the Authority or City Manager may enter into PPAs, such as those that are not entered into for the purpose of fulfilling state-mandated compliance obligations, with terms of greater than twenty (20) years.”
Section 3. This resolution shall take effect immediately upon its adoption and applies to agreements executed beginning June 2022.
PASSED, APPROVED, and ADOPTED this 28th day of June, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, ______________________, _________________________ City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original Resolution No. 22-34 for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF, on this _________ day of ________________, 2022.
(seal)
Resolution No. 22-34
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__________________________________
STAFF REPORT
City of Lancaster
CC 13
6/28/2022
JC
Date: June 28, 2022
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – Parks, Arts, Recreation & Community Services Subject: Lancaster National Soccer Center Emergency Well Pump Replacement Recommendation:
1. Per the Public Contract Code 22035 & 22050 Emergency Contracting Procedures, accept update on Lancaster National Soccer Center Emergency Well Pump Replacement.
Fiscal Impact:
No new fiscal impact. On May 24, 2022 Council authorized $166,597.20 (including 20% contingency) to be awarded for the emergency repair.
Background:
The Lancaster National Soccer Center was opened to the public in 1995. LNSC is home to 35 soccer fields and 29 practice fields. These fields are used daily for local recreational league soccer practice, and on weekends for recreational and regional soccer tournaments. It is currently one of the largest recreational soccer facilities in Los Angeles County.
LNSC is irrigated by an onsite well, which is powered by a 150 Horse Power Pump. This pump stopped working on April 26, 2022. Immediately, Legend Pump & Well Service, Inc., was called out for emergency service and inspection. Inspection work was performed (which costs are included in this authorization), and it was determined the well pump needs to be replaced. A quote for replacement parts and installation was provided by Legends Pump & Well Service, Inc. The quote exceeds the amount specified in Section 22032(b) of the California Public Contract Code, which would require the contract to be bid by Informal Bidding Procedure. This procedure would extend award 4-6 weeks.
The repair of the well pump is of the essence to preserve the turf. The well pumps approximately 1,000 gallons of water per minute, whereas the back up well only pumps approximately 400-500 gallons per minute. As we enter into the warmer months, time is of essence, as a delay of 4-6 weeks for bidding, could result in the loss of over half a million dollars of athletic turf due to lack 9 6
9 of adequate water. Additionally, there are several regional soccer tournaments scheduled this summer, in addition to local league use. If the turf needs to be removed and replaced, the fields will be unusable for 2-3 months, resulting in lost revenue for tournaments, leagues, and City tourism dollars.
On May 24, 2022 City Council took the following actions:
1. Adopted Resolution No. 22-20 finding that an emergency exists and authorized the emergency repair of the well pump at the LNSC.
2. Authorized the use of Emergency Contracting Procedures per Public Contract Code 22035 & 22050.
3. Authorized award of contract for Emergency Well Pump Replacement, to Legend Pump & Well Service, Inc., of San Bernardino, CA in the amount of $138,831 plus a 20% contingency, to remove and replace the well pump currently providing water to irrigate the Lancaster National Soccer Center
4. Authorized the City Manager, or his designee, to sign all documents associated with these repairs.
Upon council action, staff issued a Notice to Proceed to Legend Pump & Well Service on May 25, 2022. The purchase requisition was submitted on May 26, 2022. Equipment and materials were received and the well rehab work commenced on June 20th.
Attachment:
STAFF REPORT
City of Lancaster
CC 14
6/28/2022
JC
Date: June 28, 2022
To: Mayor Parris and City Council Members
From: Andrea Alexander, City Clerk
Subject: Adoption of Ordinance No. 1090
Recommendation:
Adopt Ordinance No. 1090, amending section 17.20.730, 17.20.740 and 17.20.750 of the zoning ordinances (Title 17 of the Lancaster Municipal Code), to provide flexibility and opportunities for additional housing types.
Fiscal Impact:
None.
Background:
The City of Lancaster, along with all jurisdictions in California, is mandated to update its Housing Element for State certification every eight years. The City’s existing 2014-2021 Housing Element remains active until the 2021-2029 Housing Element update is adopted. In accordance with State law, the update to the Housing Element triggers updates to other Elements of the General Plan requiring the Safety Element to be updated and an Environmental Justice Element to be implemented. The Planning Commission considered the adoption of the General Plan Amendment 21-02, Zone Text Amendment 21-01, the 2021-2029 Housing Element Update, Safety Element Update, implementation of the Environmental Justice Element and adopting a negative declaration at a duly noticed public hearing on February 28, 2022, where the Commission voted unanimously to recommend the City Council adoption.
Summary of Goals, Policies and Programs
The amended Housing Element will implement goals, policies, and programs with the intent of providing a variety of housing (single and multi-family housing) to meet the existing and future needs of residents of the City, facilitate the development of affordable housing through the incorporation of housing assistance programs and resources, and improve and preserve the existing supply of low-income housing. The Housing Element update would also remove governmental constraints regarding the maintenance, improvement, and development of housing 9 7
0 for all income levels and housing for persons with disabilities. The Housing Element would also incorporate programs to further facilitate higher densities by including a Density Overlay which would allow for flexibility within the High Density Residential (HDR) and commercial zones for 50 units per acre with approval of a Zone Change. Additional programs focus on the encouragement of housing in mixed use zones, and amend the Zoning Ordinance to be in line with current state mandates.
At the City Council’s regular meeting held on June 14, 2022, the City Council approved the introduction of Ordinance No. 1090, an ordinance amending section 17.20.730, 17.20.740 and
17.20.750 of the zoning ordinances (Title 17 of the Lancaster Municipal Code), to provide flexibility and opportunities for additional housing types. The introduction was approved by a 4- 0-0-1 vote with Council Members: Dorris, Malhi, Mann, and Vice Mayor Crist all approving with Mayor Parris absent. Staff is asking that the City Council now adopt Ordinance No. 1090 consistent with its actions held on June 14, 2022.
Attachment:
Ordinance No. 1090
ORDINANCE NO. 1090
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, AMENDING SECTION
17.20.730, 17.20.740 AND 17.20.750 OF THE ZONING
ORDINANCE (TITLE 17 OF LANCASTER MUNICIPAL
CODE), TO PROVIDE FLEXIBILITY AND OPPORTUNITIES
FOR ADDITIONAL HOUSING TYPES
WHEREAS, the City Council of the City of Lancaster has determined that it is necessary to amend Section 17.20 of the Zoning Ordinance (Title 17 of Lancaster Municipal Code), to provide flexibility and opportunities for additional housing types, as set forth in Exhibit “B” hereto (the “Amendment”); and
WHEREAS, on February 28, 2022, the City’s Planning Commission held a public hearing on the Amendment, notice of which was published and provided as required by law, and adopted Resolution No. 21-15 (the “Planning Commission Recommendation”) recommending the City Council approve the Amendment; and
WHEREAS, on March 22, 2022, the City Council held a public hearing on the Amendment pursuant to Section 65856 of the Government Code, notice of which was published and provided as required by law; and
WHEREAS, the City Council now desires to adopt the Amendment in its entirety to read as set forth therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Lancaster hereby finds and determines that the above recitals are true and correct.
Section 2. The City Council has received, reviewed and hereby adopts the Planning Commission Recommendation. Consistent therewith, the City Council makes the following findings:
(a) The commission may recommend approval where the information presented at public hearing shows that such amendment is necessary to implement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.
Section 3. All environmental findings, and the Negative Declaration as contained in Exhibit “A” of the City Council Resolution No. , are hereby approved, adopted and incorporated in this Ordinance.
Section 5. Any ordinance previously adopted by the City Council shall be and is hereby repealed if and to the extent inconsistent with this Ordinance, provided, however, that each such ordinance shall otherwise remain in full force and effect.
Ordinance No. 1090
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Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after adoption.
I, , City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the __________ day of ________________, 2022, and placed upon its second reading and adoption at a regular meeting of the City Council on the ____ day of ________________, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
Ordinance No. 1090
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CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. 1090, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
___________________________________
Ordinance No. 1090
- 4 -
2 4
8 5
ZONE TEXT AMENDMENT 21-01
HOUSING DENSITY OVERLAY
Chapter 17.20 – Public, Open Space and Special Purpose Zones NEW Article IX - Housing Density Overlay (HD-O) Zone
17.20.730 - Purpose and intent.
The purpose and intent of the Housing Density Overlay Zone (HD-O) is to provide flexibility and opportunities for additional housing types by providing means to achieve a higher maximum allowed density than would otherwise be allowed by the underlying zoning.
17.20.740 - Applicability of standards.
The Housing Density Overlay Zone standards apply only to locations designated on the zoning map with a Housing Density Overlay Zone. A Housing Density Overlay Zone may only be applied to properties within the HDR, C, and CPD zones, upon application by a project proponent or the City, consistent with the provisions of Chapter 17.24.
17.20.750- Development regulations.
Properties designated with the Housing Density Overlay zone shall conform to all standards established within the underlying zone where the overlay is applied, with the following exception:
1. Maximum Density. Residential density shall not exceed 50 dwelling units per acre.
STAFF REPORT
City of Lancaster
CC 15
6/28/2022
JC
Date: June 28, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Chenin Dow, Senior Manager – Real Estate & Economic Development Sydney Yeseta, Assistant Manager – Economic Development Subject: Purchase and Sale Agreements
Recommendation:
1. Authorize the City Manager, with the concurrence of the City Attorney, to negotiate, finalize and execute a purchase and sale agreement with each property owner to acquire the properties identified in this staff report.
2. Authorize the City Manager, with the concurrence of the City Attorney, to negotiate the purchase price of each parcel consistent with the appraised values set forth in this staff report and the City Manager’s authority set forth in the Municipal Code.
3. Authorize the City Manager, with the concurrence of the City Attorney, to execute a purchase and sale agreement, grant deed and such other documents as may be necessary to transfer said properties to the Antelope Valley Transit Authority in exchange for full reimbursement of the City’s costs.
4. Make findings that the transfer of these properties to the Antelope Valley Transit Authority by the City is exempt from the Surplus Land Act pursuant to Government Code 54221(f)(1)(D) because the City is transferring the property to another public agency for that public agency’s use.
Fiscal Impact:
Appropriate up to $3,600,000.00 to Account No. 109-4790-912. City costs will be fully reimbursed once the properties are transferred to the Antelope Valley Transit Authority.
Background:
9 7
5 The Antelope Valley Transit Authority (AVTA) has championed green energy initiatives for years and in 2016 made the decision to convert the agency’s fleet to all electric. In March of this year, AVTA celebrated being the first public transit agency in the nation to have a fully electric fleet.
The innovation and dedication to green energy doesn’t stop with AVTA’s fleet. Now, the agency is embarking on a new journey to develop a solar facility to power its main facility and vehicle fleet. The project is currently under review by various federal agencies.
The proposed project requires the purchase of seven vacant parcels adjacent to AVTA’s facility.
They are listed below:
APN Owner Size Appraised Value
3128-013-001 Provident Trust Group, LLC 5 AC $375,000.00 3128-013-002 Norma Faith Rockman & Lynn
Horowitz
2.5 AC $187,500.00
3128-013-004 Fadr Investments, LLC 10 AC $750,000.00
3128-013-012 Provident Trust Group, LLC 2.5 AC $187,500.00 3128-013-013 Reid K. Alexander 10 AC $750,000.00
3128-013-014 Mgmt Ltd. 3 AC $225,000.00
3128-010-026 Karen D. Caillier 10 AC $750,000.00
In an effort to keep the project moving forward, the properties need to be in the control of a local public agency. AVTA cannot purchase the properties until the federal review and approval process has been completed. Once the proper approvals are in place, the City will transfer the properties to AVTA for development at a price that will fully reimburse the City’s costs.
SY
Attachment:
Form Purchase and Sale Agreement
1 PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of [Date], by and between the CITY OF LANCASTER, a California charter city and municipal corporation (the “City” or “Buyer”), and [SELLER’S NAME], [an individual or insert other entity type] (“Seller”), for acquisition by the City of certain real property described below.
R E C I T A L S
A. Seller is the fee owner of that certain unimproved real property legally described in Exhibit A, which is situated in Los Angeles County and designated Assessor’s Parcel Number [APN].
Seller has offered to sell to City such real property for the price and subject to the terms set forth below.
B. City has considered the offer by Seller and agrees to buy from Seller the real property, as more specifically described below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:
1. Purchase and Sale. Seller agrees to sell to City, and City agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, that certain real property commonly described as [Street Address of Property], Lancaster, California (Assessor’s Parcel Number [APN]) (the “Property”). The Property is legally described in the Legal Description attached hereto as Exhibit A and incorporated herein.
2. Purchase Price. The total purchase price for the Property shall be the sum of [Purchase Price] Dollars ($[Purchase Price]) (the “Purchase Price”). The Purchase Price shall be payable by City in immediately available funds, cash, cashier’s check, or through wire transfer of funds into Escrow (as defined below) prior and as a condition precedent to the close of Escrow.
3. Escrow.
3.1 Opening of Escrow. For purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that [Escrow Holder Name] (“Escrow Holder”) receives a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before two (2) business days after the Effective Date.
Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow.
Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer.
2 3.2 Closing. For purposes of this Agreement, the “Closing” shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on [Closing Date] (“Closing Date”).
If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice to the other at any time after the Closing Date; provided, however, that if either Party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting Party against the defaulting Party.
4. City’s Right of Entry. From and after the Opening of Escrow through the earlier to occur of the termination of this Agreement or the Closing, or as otherwise agreed in writing by Seller, Buyer and Buyer’s employees, agents, consultants and contractors shall have the right to enter upon the Property during normal business hours, provided reasonable prior notice has been given to Seller.
5. Buyer’s Conditions Precedent and Termination Right.
5.1 Conditions Precedent. The Closing and Buyer’s obligation to consummate the purchase of the Property under this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for Buyer’s benefit only.
(a) Title Review. Within two (2) calendar days after the Opening of Escrow, Seller shall cause [Title Company Name] (“Title Company”) to deliver to Buyer a preliminary title report (the “Report”) describing the title to the Property, together with copies of the plotted easements and the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be borne by Seller.
Seller acknowledges that the Buyer’s Title Policy (as defined below) shall include an endorsement against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as necessary to induce the Title Company to provide such endorsement. Within five (5) calendar days of Buyer receiving the Report, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Property and (iv) any survey Buyer desires to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent). (b) Buyer’s Title Policy. On or before the Closing, Title Company shall, upon payment of Title Company’s premium, have agreed to issue to Buyer, a standard ALTA owner’s policy of title insurance insuring only as to matters of record title (“Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a Standard Buyer’s Title Policy (such as an owner’s extended coverage ALTA policy); provided, however, that Buyer’s ability to obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage. 3 (c) Physical and Legal Inspections and Studies. On or before the Closing, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion, the results of any physical and legal inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations as Buyer may elect to make or obtain. (d) Natural Hazard Report. Seller shall cause the Escrow Holder to provide to Buyer prior to the Closing the Natural Hazard Report described in Section 7.1(c) of this Agreement; provided that Seller shall bear the cost to prepare such Natural Hazard Report. (e) Delivery of Documents. Seller’s delivery of all documents described in Section 7, below. (f) Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be materially true and correct as of the date made and as of the Closing. (g) Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this Agreement. (h) No Default. As of the Closing, Seller shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement.
5.2 Termination Right. Should any of Buyer’s Contingencies not be met by the respective times set forth for the satisfaction for such contingency (and without regard to whether all such contingencies have been removed or satisfied), Buyer may, by written notice to Seller, terminate this Agreement; such termination rights shall be in addition to those termination rights of Buyer as set forth in this Agreement. If this Agreement is so terminated, and provided such termination is not the result of Seller’s breach of or default under this Agreement, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer.
5.3 Seller’s Cure Right. Buyer shall notify Seller in writing of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional approval of the Title Documents) within two (2) business days after Seller’s receipt of Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Exception. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such two (2) business day period, Buyer shall have three (3) business days after the expiration of such two (2) business day period to give Seller written notice that Buyer elects to proceed with the purchase of the Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s).
4 6. Seller’s Conditions Precedent and Termination Right.
6.1 Conditions Precedent. The Closing and Seller’s obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which are for Seller’s benefit only. (a) Completion of Title Review. Seller shall have received written confirmation from Buyer that Buyer has completed its review of title and that the condition of title satisfactory. (b) Confirmation Concerning Site. Seller shall have received written confirmation from Buyer on or before the Closing that Buyer has reviewed the condition of the Property, including without limitation concerning Hazardous Materials, zoning and suitability, and approves the condition of the Property.
(c) Confirmation Regarding Buyer’s Title Policy. Seller shall have received written confirmation from Buyer on or before the Closing that Buyer has approved a pro forma title policy. (d) Liens. Seller shall have obtained the consent of any lien holder to the release of such liens prior to or concurrent with the Closing.
(e) Delivery of Documents. Buyer’s delivery of all documents described in Section 8.
6.2 Termination Right. Should any of Seller’s Contingencies not be met by the respective times set forth for the satisfaction for such contingency (and without regard to whether all such contingencies have been removed or satisfied) and Seller has so informed Buyer, Seller may, by written notice to Buyer, terminate this Agreement; such termination rights shall be in addition to any other termination rights of Seller as set forth in this Agreement. If this Agreement is so terminated, and provided such termination is not the result of Buyer’s breach of or default under this Agreement, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Seller.
7. Seller’s Deliveries to Escrow Holder.
7.1 Seller’s Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items, duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”):
(a) Deed. The original executed and acknowledged grant deed, the form of which is attached hereto as Exhibit B (“Deed”).
(b) FIRPTA/Tax Exemption Forms. A Transferor’s Certification of Non Foreign Status in the form required by Escrow Holder, together with any necessary tax withholding forms, and a duly executed California Form 593-C, as applicable (the “California Exemption Certificate”). (c) Hazard Disclosure Report. Unless earlier delivered to Buyer, Seller shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) before the Closing. (d) Possession of Property. Possession of the Property free of any tenancies or occupancy. 5 (e) Authority. Such evidence of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company which are consistent with the terms of this Agreement.
(f) Further Documents or Items. Any other documents or items reasonably requested by Buyer and/or required to close the transaction contemplated by this Agreement as determined by the Title Company which is/are consistent with the terms of this Agreement.
7.2 Failure to Deliver. Should any of Seller’s Delivered Items not be timely delivered to Escrow, this Agreement shall automatically terminate without further action or notice. In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller.
8. Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”):
8.1 Purchase Price. The Purchase Price, together with additional funds as are necessary to pay Buyer’s closing costs set forth in Section 9.2.
8.2 Change of Ownership Report. One (1) original Preliminary Change of Ownership Report.
8.3 Final Escrow Instructions. Buyer’s final written escrow instructions to close escrow in accordance with the terms of this Agreement.
8.4 Authority. Such proof of Buyer’s authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company.
8.5 Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company.
9. Costs and Expenses.
9.1 Seller’s Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) one half of the premium for Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) one half of the Escrow Holder’s fee; (v) one half of the appraisal charges incurred by Seller as to the Property; (vi) documentary recording fees, if any; (vii) documentary transfer tax, if any; and (viii) costs, if any, allocable to Seller under this Agreement and costs for such services as Seller may additionally request that Escrow perform on its behalf (collectively, “Seller’s Costs and Debited Amounts”).
9.2 Buyer’s Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) one half of the Escrow Holder’s fee; (ii) Buyer’s share of prorations, (iii) one half of the premium for Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) the premium for title insurance other than or in excess of Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any survey required in connection with the 6 delivery of an ALTA owner’s extended coverage policy of title insurance; (v) one half of escrow charges; (vi) one half of the appraisal charges incurred by Seller as to the Property; (vii) one half of recording and other costs of closing; and (viii) costs, if any, for such services as Buyer may additionally request that Escrow perform on its behalf (collectively, “Buyer’s Costs and Debited Amounts”).
9.3 Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. Buyer represents to Seller that Buyer has not engaged the services of any consultants, finders or real estate brokers in connection with the purchase of the Property from the Seller. Seller represents to Buyer that Seller has not engaged the services of any consultants, finders or real estate brokers in connection with the sale of the Property to the Buyer.
10. Prorations; Withholding. All revenues (if any) and expenses relating to the Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than two (2) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “Proration and Expense Schedule”). If any prorations made under this Section shall require final adjustment after the Closing, then the Parties shall make the appropriate adjustments promptly when accurate information becomes available and either Party hereto shall be entitled to an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in cash to the Party entitled thereto.
In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20th day of the month following the month title to the Property is transferred to Buyer (as evidenced by the recording of the Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board.
11. Closing Procedure. When the Title Company is unconditionally prepared (subject to the payment of the premium therefor) to issue the Buyer’s Title Policy and all required documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow in the manner and order provided below.
11.1 Recording. Escrow Holder shall cause the Deed to be recorded pursuant to applicable law in the county in which the Property is located and obtain conformed copies thereof for distribution to Buyer and Seller.
11.2 Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and general expenses, prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits or credits (which 7 have been confirmed in writing by Seller to Escrow Holder and which may include any liens as to which such liens and the amount to satisfy such liens) shall be distributed by check payable to Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event, in accordance with such instructions). Seller authorizes Escrow Holder to request demands for payment and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but not for obligations of Buyer).
11.3 Documents to Seller. Escrow Holder shall deliver to Seller a conformed copy of the Deed and other recorded documents, if any, as duly recorded among the official land records of the County of Los Angeles, and a copy of each other document (or copies thereof) deposited into Escrow by Buyer pursuant hereto.
11.4 Documents to Buyer. Escrow Holder shall deliver to Buyer the original FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed copy of the Deed and other recorded documents, if any, as duly recorded among the official land records of the County of Los Angeles, and a copy of each other document (or copies thereof) deposited into Escrow by Seller pursuant hereto.
11.5 Title Company. Escrow Holder shall cause the Title Company to issue the Buyer’s Title Policy to Buyer.
11.6 Closing Statement. Escrow Holder shall forward to both Buyer and Seller a separate accounting of all funds received and disbursed for each party.
11.7 Informational Reports. Escrow Holder shall file any information reports required by Internal Revenue Code Section 6045(e), as amended.
11.8 Possession. Possession of the Property shall be delivered to Buyer at the Closing.
12. Seller’s Environmental Indemnity. From and after the Effective Date, Seller agrees to and shall indemnify, protect, defend, reimburse and hold Buyer and its elected or appointed officials, agents, employees and attorneys, harmless from and against any and all claims, actions, proceedings, lawsuits, orders, costs, liabilities, judgments, damages, fines, encumbrances, liens, penalties, punitive damages, losses and expenses (including without limitation all costs and expenses reasonably incurred to investigate and defend claims, whether or not such claim is ultimately defeated, and costs and expenses reasonably incurred for consultants, court fees, administrative fees, expert witness fees, and attorneys’ fees) of whatever kind or nature, contingent or otherwise, matured or not matured, foreseeable or unforeseeable, any of which are suffered or incurred by said indemnified parties, or assessed, levied or asserted by any person or entity (whether governmental or private) against said indemnified parties and relating to Environmental Claims, Environmental Cleanup Liability and Environmental Compliance Costs arising from the Release or threatened Release of Hazardous Materials in or onto the soil or groundwater in, on, under or from the Property, or any portion thereof, as a result of the use, generation, discharge, storage, handling or disposal of Hazardous Materials by Seller or any other person or entity prior to the Effective Date. The indemnification obligations set forth in this Section 12 shall run with the land and shall survive the Closing, expiration or earlier termination of this Agreement.
For purposes of this Agreement, the following terms shall have the following 8 meanings:
“Environmental Claims” shall mean any clams by third parties for personal injury (including sickness, disease or death), or for injury to property or natural resources or the environment, including, without limitation, lost profits, consequential damages, diminution of property value or loss of use of property, or for any violation or alleged violation of, or noncompliance with, the requirements of any Environmental Law.
“Environmental Cleanup Liability” shall mean any cost or expense incurred to investigate, monitor, remove, remediate, treat, clean up, abate or otherwise respond to any Release or threatened Release of Hazardous Materials, including, without limitation, the cost of obtaining site closure from applicable governmental agencies and the cost of restoring the affected property upon completion of responsive action.
“Environmental Compliance Costs” shall mean any cost or expense necessary to enable the affected property to comply with all applicable Environmental Laws. “Environmental Law” shall mean any applicable federal, California, regional or local law, statute, ordinance, rule, regulation or order for the protection of human health or the environment, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601, et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.); the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the Clean Air Act (42 U.S.C. § 7401 et seq.); the Safe Drinking Water Act (42 U.S.C. § 300f et seq.); the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. § 11001 et seq.); the Occupational Safety and Health Act (29 U.S.C. § 651 et seq.); the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health and Safety Code § 25300 et seq.); the Hazardous Waste Control Law (Health and Safety Code § 25100 et seq.); the Hazardous Waste Disposal Land Use law (Health and Safety Code § 25220 et seq.); the Porter- Cologne Water Quality Control Act (Water Code § 13000 et seq.); Hazardous Materials Release Response Plans and Inventory (Health and Safety Code § 25500 et seq.); Underground Storage of Hazardous Substances (Health and Safety § 25280 et seq.) ; The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) (Health and Safety Code § 25249.5-25249.13); the Asbestos Notification Law (Health and Safety Code § 25915 et seq.); the California Occupational Safety and Health Act (Labor Code § 6300 et seq.); Chapters 10 and 11, Division 4.5, Title 22, California Code of Regulations; and any law or regulation implementing, amending or succeeding any of the foregoing, and any similar laws or regulations at any time in effect having any of the purposes designated above. 9 “Hazardous Materials” shall mean any pollutant, contaminant, hazardous or toxic substance, material or waste which is or becomes identified, listed or regulated as such under any Environmental Law by the United States government, the State of California or any regional or local governmental authority having jurisdiction over Seller or the Property (or portion thereof). “Release” shall mean the release, as defined in Health and Safety Code §§ 25320 and 25321, of a Hazardous Material or Hazardous Materials.
13. Representations and Warranties.
13.1 Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property, Seller makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing:
(a) Seller has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated. (b) All requisite action (corporate, trust, partnership or otherwise) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby.
(c) The individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof.
(d) Seller believes that neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or other agreement or instrument to which Seller is a party or that affect the Property, including, but not limited to, any of the Title Documents.
(e) There is no pending litigation nor, to the best of Seller’s knowledge, threatened litigation, which does or will adversely affect the right of Seller to convey the Property. There are no claims which have been received by Seller that have not been disclosed to Buyer. (f) Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Property, or any part hereof, or any interest therein, which will survive the Closing.
(g) There are no leases or rental agreements in effect as to the Property. 10 (h) Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Property.
(i) There are no mechanics,’ materialmen or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this Agreement.
(j) There are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Property that will be binding upon Buyer or the Property after the Closing. There are no oral contracts or other oral agreements for services, supplies or materials, affecting the use, operation, maintenance or management of the Property.
(k) There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no person other than Buyer shall have any right of possession to the Property or any part thereof as of the Closing. (l) No person, excepting Seller, has possession or any rights to possession of the Property or portion thereof.
13.2 Subsequent Changes to Seller’s Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has learned, discovered or become aware of such Seller Representation Matter shall promptly give written notice thereof to the other party and Seller’s representations and warranties shall be automatically limited to account for the Seller Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter.
13.3 Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive Closing:
(a) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. (b) All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (c) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof.
11 (d) Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer’s properties are bound.
13.4 Subsequent Changes to Buyer’s Representations and Warranties. If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer Representation Matter”), then the party who has learned, discovered or become aware of such Buyer Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer Representation Matter and Buyer shall have no obligation to Seller for such Buyer Representation Matter.
14. Fair Market Value. Each of Buyer and Seller believe that the Purchase Price represents the fair market value of the Property.
15. General Provisions.
15.1 Administration. This Agreement shall be administered and executed on behalf of Buyer/City by the City Manager, or his/her designated representative, following approval of this Agreement by the City Council. City shall maintain authority of this Agreement through the City Manager (or his/her authorized representative). The City Manager shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of Buyer/City so long as such actions do not substantially add to the costs to Buyer/City as specified herein as agreed to by the City Council.
15.2 Condemnation. If any material portion of the Property shall be taken or appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Property and receive all of the award or payment made in connection with such taking.
15.3 Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving party as provided in this paragraph, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. For the purposes hereof, the addresses of the parties (until notice of a change thereof given in writing to the other party) shall be as follows:
If to Seller: ______________________
______________________
12 ______________________
______________________
If to Buyer: City of Lancaster
Attn: City Manager
44933 Fern Avenue
Lancaster, California 93534
Copy to:
Stradling Yocca Carlson & Rauth
Attn: Allison E. Burns
600 Newport Center Drive, Suite 1600
Newport Beach, California 92660
15.4 Brokers. Seller has engaged no private parties as consultants, finders or real estate brokers in connection with the sale of the Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Seller agrees to and does hereby indemnify and hold the Buyer free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Seller in connection with this Agreement. Buyer represents to Seller that Buyer has engaged no consultants, finders or real estate brokers in connection with the sale of the Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Buyer agrees to and does hereby indemnify and hold the Seller free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Buyer in connection with this Agreement.
15.5 Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision.
A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement.
15.6 Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing.
13 15.7 Remedies. Without limitation as to the availability of other remedies, this Agreement may be enforced by an action for specific enforcement.
15.8 Time. Time is of the essence of every provision herein contained. In the computation of any period of time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period.
15.9 Counterparts; Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. A facsimile signature shall be deemed an original signature.
15.10 Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
15.11 Third Party Rights. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto.
15.12 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.
15.13 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
15.14 Applicable Law. This Agreement shall be governed by and construed in accordance with the local law of the State of California.
15.15 Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes.
15.16 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matter hereof. The parties hereto expressly agree and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
15.17 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto.
15.18 Survival. The provisions of Section 12 shall be deemed to constitute provisions that survive Closing.
14 15.19 Assignment. Neither party may assign its rights under this Agreement without the prior consent of the other party.
[Signatures begin on next page.]
15 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above.
SELLER:
[SELLER’S NAME],
[an individual or insert other entity type]
By: ____________________________
Name:
Its:
[Name]
[Title, if applicable]
BUYER:
CITY OF LANCASTER,
a California charter city and municipal corporation
By: ____________________________
Jason Caudle
City Manager
16 Acceptance by Escrow Holder:
[Escrow Holder Name] hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of Lancaster, a municipal corporation and charter city (“Buyer”), and [Seller Name], [an individual or other entity type] (“Seller”) and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder.
Dated: [Date]
[ESCROW HOLDER NAME]
By:
Name:
Its:
A-1
EXHIBIT A
LEGAL DESCRIPTION
[INSERT LEGAL DESCRIPTION]
B-2
4886-4714-5989, v. 2
EXHIBIT B
GRANT DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
Attn: City Manager
This document is exempt from payment of a recording
fee pursuant to Government Code Section 27383.
Exempt from payment of Documentary Transfer Tax
pursuant to Revenue and Taxation Code Section 11922
GRANT DEED
FOR VALUE RECEIVED, [SELLER’S NAME], [an individual or insert other entity type], hereby grants to the CITY OF LANCASTER, a California charter city and municipal corporation, subject to all rights, reservations, restrictions, and encumbrances of record as of the date hereof, all that certain real property located in the City of Lancaster, County of Los Angeles, State of California, more particularly described in Attachment No. 1 attached hereto and incorporated herein.
IN WITNESS WHEREOF, grantors have executed this Grant Deed as of [Insert Closing Date].
GRANTOR:
[SELLER’S NAME],
[an individual or insert other entity type]
By: ____________________________
Name:
Its:
[Name]
[Title, if applicable]
B-3
4886-4714-5989, v. 2
ATTACHMENT NO. 1
LEGAL DESCRIPTION
[INSERT LEGAL DESCRIPTION]
B-4
4886-4714-5989, v. 2
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by written deed or grant deed dated [Insert Closing Date], from [SELLER’S NAME], [an individual or insert other entity type], to the CITY OF LANCASTER, a California charter city and municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Lancaster pursuant to authority conferred by Resolution No. _____ of the City of Lancaster adopted on _________________, 20__ and the grantee consents to recordation thereof by its duly authorized officer.
Dated this ___ day of ______________________, 2022.
CITY OF LANCASTER,
a California charter city and municipal corporation
By: ____________________________
Jason Caudle
City Manager
B-5
4886-4714-5989, v. 2
STAFF REPORT
City of Lancaster
PH 1
6/28/2022
JC
Date: June 28, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Nicole Jones, Analyst – Public Works
Subject: Lancaster Landscape Maintenance District No. 1 Levy of Annual Assessment for Fiscal Year 2022-2023
Recommendation:
Adopt Resolution No. 22-35, confirming the diagram and assessments, and ordering the levying of an assessment in the Lancaster Lighting Maintenance District No. 1 for Fiscal Year 2022-2023.
Fiscal Impact:
Each parcel annexed prior to Fiscal Year 2005-2006 will be assessed $80.00 per benefit unit, which is the same as the previous year’s assessment. Each parcel annexed beginning Fiscal Year 2005- 2006 will be assessed $128.41 per benefit unit. Each parcel in the Fox Field Industrial Corridor will be assessed $0.423 per benefit unit. The proposed assessment include the CPI adjustment of
7.40%. An estimated total of $1,970,549.00 will be assessed against the benefiting properties, which will be used for maintenance expenses.
Background:
Lancaster Landscape Maintenance District No. 1 and Fox Field Industrial Corridor Landscape Maintenance District were formed, including subsequent annexations thereto, for the purpose of providing maintenance services to landscaping and appurtenant improvements for various developments within the City, and assessing those properties which benefit from this service. Each year the City Council must, by law, order the preparation of an Engineer's Report describing the existing and proposed maintenance services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.
The landscaping improvements in the areas within the District will be maintained with funds generated by the Landscape Maintenance District. Each lot or parcel within the District that was annexed prior to Fiscal Year 2005-06 will be assessed at $80.00 per unit for Fiscal Year 2022- 2023. The unit assessment for Fiscal Year 2022-2023 is the same as Fiscal Year 2004-2005, except for those parcels that were annexed beginning Fiscal Year 2005-2006, which will be assessed at a 9 4
4 rate reflective of an annual index increase consistent with the February consumer price index for Los Angeles-Riverside-Orange Counties.
Last year’s rate was $119.57 per benefit unit. For Fiscal Year 2022-2023, the rate of assessment will be $128.41 per benefit unit, including the established CPI adjustment of 7.40% ($119.57 + ($119.57 x 0.0740 = $8.84) ($119.57 + $8.84 = $128.41). Last year’s rate for the Fox Field Industrial Corridor Landscape Maintenance District was $0.394 per benefit unit. For Fiscal Year 2022-23, the rate of assessment will be $0.423 per benefit unit, including the established CPI adjustment of 7.40% ($0.394 + ($0.394 x 0.0740) = $0.423).
Attachments:
Resolution No. 22-35
District Fund Accounting for Lancaster Landscape Maintenance District No. 1 RESOLUTION NO. 22-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, CONFIRMING THE DIAGRAM
AND ASSESSMENT, AND ORDERING THE LEVYING OF AN
ASSESSMENT IN LANCASTER LANDSCAPE MAINTENANCE
DISTRICT NO. 1 FOR FISCAL YEAR 2022-2023
WHEREAS, the City Council on June 14, 2022, adopted a Resolution of Intention to order the levying of an assessment in Lancaster Landscape Maintenance District No. 1 and Fox Field Industrial Corridor Landscape Maintenance District (hereinafter referred to as the "District") for the purpose of providing funds for the provision of landscape maintenance services located therein, pursuant to the provisions of the Landscaping and Lighting Act of 1972, of the Streets and Highways Code of the State of California; and
WHEREAS, the assessment engineer has prepared and filed an Engineer's Report with the City Clerk as required by law; and
WHEREAS, the City Council did proceed to cause notice to be published in the manner required by law, of the time and place for a Public Hearing on the levying of the proposed assessment; and
WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of an assessment.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, STATE OF CALIFORNIA, THAT:
Section 1. The City Council of the City of Lancaster hereby finds that the public interest and convenience requires the continued maintenance of the landscaping improvements in Lancaster Landscape Maintenance District No.1.
Section 2. The District diagrams and assessments as set forth in said Report, or as modified, are hereby approved, confirmed, and adopted by the City Council.
Section 3. The adoption of this Resolution constitutes the levy of $80.00 per lot or parcel for the fiscal year commencing July 1, 2022, and ending June 30, 2023, for properties annexed prior to Fiscal Year 2005-2006, and an assessment of $128.41 per lot or parcel for properties annexed beginning Fiscal Year 2005-2006. Each parcel in the Fox Field Industrial Corridor Landscape Maintenance District will be assessed $0.423 per benefit unit.
Section 4. The amounts to be assessed for the expenses of the maintenance and service as described in said Report and Resolution of Intention shall be collected at the same time and in the same manner as County taxes are collected, and shall be disbursed and expended for maintenance, operation and service of the District, all as described in the Engineer’s Report and in Section 4 of the Resolution of Intention.
Resolution No. 22-35
2 5
0 2
Section 5. The City Clerk is hereby ordered and directed to file a certified copy of this Resolution, upon its adoption, with the County Auditor.
PASSED, APPROVED, and ADOPTED this 28th day of June, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, ________________________, ___________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 22-35, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, 2022.
(seal)
CITY OF LANCASTER
FINAL ENGINEER’S REPORT
FISCAL YEAR 2022-23
LANCASTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FOX FIELD
INDUSTRIAL CORRIDOR LANDSCAPE MAINTENANCE DISTRICT
June 2022
Prepared by
Harris & Associates
22 Executive Park, Suite 200
Irvine, CA 92614
www.weareharris.com
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
ENGINEER’S REPORT FOR
FISCAL YEAR 2022-23
LANDSCAPE MAINTENANCE DISTRICT NO. 1
AND FOX FIELD INDUSTRIAL CORRIDOR LANDSCAPE MAINTENANCE DISTRICT
CITY OF LANCASTER
STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE ANNUAL REPORT, TOGETHER WITH THE ASSESSMENT ROLL THERETO ATTACHED,
WAS CONFIRMED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, STATE OF CALIFORNIA AND FILED WITH ME ON THE _____ DAY OF _________, 2022.
_________________________________
ANDREA ALEXANDER
CITY CLERK
CITY OF LANCASTER
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
TABLE OF CONTENTS
Table of Contents
Introduction 1
Impacts of Proposition 218 3
Statement of Assessment Engineer 4
Part I – Plans and Specifications 6
Part II – Cost Estimate 7
Part III – Method of Apportionment 11
Part IV – Assessment Diagrams 13
Part V – Assessment Roll 16
Appendix A – Assessment List of New Parcels for 2022-23
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
1 INTRODUCTION
Purpose
Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIII D (the “California Constitution”) the City Council of the City of Lancaster (the “City”), adopted a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments within Landscape Maintenance District No. 1 and Fox Field Industrial Corridor Landscape Maintenance District (the “District”) for Fiscal Year 2022-
23. Said Resolution called for the preparation and filing of an annual report (“Report”) pursuant to Chapter 1, Article 4 of the 1972 Act, beginning with section 22565, presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained and an estimate of the costs to maintain said improvements within the District.
The word “parcel”, for purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Los Angeles County Assessor’s Office. The Los Angeles County Auditor/Controller uses APN and specific fund numbers to identify properti es to be assessed on the tax roll for special benefit assessments.
This Report consists of five sections and identifies the following items:
• Plans and Specifications. The location of the District and the specific improvements to be maintained.
• Estimate of Costs. The District costs and proposed assessments to be levied for 2022-23. • Method of Apportionment. How the District costs are allocated and apportioned to the assessable parcels based upon the benefit received.
• District Diagram. A Diagram showing the District boundaries. • Assessment Roll. A listing of properties to be assessed by APN and corresponding assessment amounts.
Overview
The City Council of the City of Lancaster approved the formation of Lancaster Landscape Maintenance District No. 1 in June 1983, for the purpose of providing funds for the provision of landscape maintenance services for landscape improvements within the Im provement Areas of the District , in accordance with State Law. Since its formation in June 1983, territory has been annexed into the District each year, increasing the improvement areas and the size of the district.
Each lot or parcel within the District that was annexed prior to Fiscal Year 2005-06 will be assessed a unit assessment of $80.00 for Fiscal Year 202 2-23. Properties annexed beginning Fiscal Year 2005 -06 will be assessed at $128.41 per unit, which includes the established February CPI adjustment of 7.40%, and will be subject to future annual CPI adjustments.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
2 In February 2007, in accordance with State law, the City Council of the City of Lancaster approved the formation of Fox Field Industrial Corridor Landscape Maintenance District, for the pu rpose of providing funds for the provision of landscape maintenance services for landscape improvements within the Fox Field area of the District.
Each lot or parcel within the Fox Field Industrial Corridor Landscape Maintenance District that has been annexed as indicated on the diagram, will be assessed a unit assessment of $0. 423 per Benefit Unit for Fiscal Year 2022-23, which includes the established CPI adjustment of 7.40%, and will be subject to future annual CPI adjustments.
In February 2007, in accordance with State law, the City Council of the City of Lancaster approved the annexation of the Lancaster Business Park into Landscape Maintenance District No. 1, for the purpose of providing funds for the provision of landscape maintenance services for landscape improvements within the Lancaster Business Park.
Each lot or parcel within the Business Park that has been annexed as indicated on the diagram, will be assessed a unit assessment of $0. 261 per square foot of landscaped easement for Fiscal Year 2022-23, which includes the established CPI adjustment of 7.40%, and will be subject to future annual CPI adjustments.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
3 IMPACTS OF PROPOSITION 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts.
Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the d istrict using the new procedures.
Some of these exceptions include:
1) Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2) Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment, unless the increase in assessment was anticipated in the assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets”, however, following the passage of Propo sition 218 based on conversations with other public agency officials, attorneys, assessment engineers and Senate Bill 919, it has been determined that “streets” include all public improvements located within the street right-of-way. This would include median and parkway landscaping, safety lighting and street lighting.
It was also determined that if assessments were imposed as a condition of development and property owners agreed to the imposition of assessments and subsequently signed a development agreeme nt confirming so, this would suffice for the requirement of signing a petition to annex into the District.
The more difficult question arose in those situations where the levy of assessments was imposed as a condition of approval for land development or subdivision where the property owner did not enter into a development agreement. In those cases, if the landscape or park facilities and the resulting assessment were a condition of the land development or subdivision approval and the property owner acquiesces to the levy of assessment, it is reasoned that this was a functional equivalent of giving express consent or signing a petition requesting the imposition of the assessment. Even the Howard Jarvis Taxpayers' Association seems to tacitly support this conclusion in its "Statement of Drafters' Intent". When discussing the exemption for existing assessments imposed pursuant to a petition, the taxpayers' association said:
"This provision exempts most land secured financing arrangements used by developers." Clearly acceptance of a condition of approval of a development or subdivision which requires that imposition of asses sments is a common form of land secured financing used by developers to fund landscape maintenance.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
4 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: THE CITY OF LANCASTER
PROJECT: LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND
FOX FIELD INDUSTRIAL CORRIDOR LANDSCAPE MAINTENANCE DISTRICT TO: CITY COUNCIL
CITY OF LANCASTER, STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2022–23
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the Lancaster City Council for Landscape Maintenance District No. 1 and Fox Field Industrial Corridor Landscape Maintenance District of the City of Lancaster to provide landscape maintenance services upon each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2022–23.
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) (“Act”), Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of Lancaster’s Resolution being adopted by the City Council, this Report has been ordered for:
LANDSCAPE MAINTENANCE DISTRICT NO. 1
AND FOX FIELD INDUSTRIAL CORRIDOR LANDSCAPE MAINTENANCE DISTRICT (Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report which consists of the following five (5) parts and Appendices:
PART I
Plans and Specifications: Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk and are incorporated herein by reference.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
5 PART II
Estimate of Costs: An estimate of the costs of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk and incorporated herein by reference.
PART III
Method of Apportionment: The method of apportionment indicates the proposed levy of the net amount of the costs and expenses of the improvements to be levied upon the parcels of land within the District, in proportion to the estimated benefits to be received by such parcels.
PART IV
Assessment Diagram : The diagram of the district boundaries showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for the fiscal year to which this Report applies. Part IV of this Report provides the Landscape Maintenance District No. 1 and Fox Field Industrial Corridor Landscape Maintenance District Diagrams.
PART V
Assessment Roll: An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the District. The proposed Assessment Roll using Fiscal Year 202 1-22 assessment rates are included in this Report as Part V, and includes a separate ass essment listing for the Fox Field Industrial Corridor District.
Harris and Associates is perform ing the administrative function of preparing this Report and submitting the assessment amounts to Los Angeles County for the 2022-23 tax year, based on previous City Council approvals.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
6 PART I – PLANS AND SPECIFICATIONS
Description of the District and Boundaries
The District was formed for the purpose of ensuring the ongoing maintenance, operation and servicing of certain landscape improvements within the boundaries of the District. Said improvements are detailed below under “Improvements and Services Provided”.
The parcels in the District are located throughout the City of Lancaster.
Improvements and Services Provided
The improvements for the District be generally described as follows:
The maintenance, and servicing of landscaping, graffiti abatement, water and electrical power and appurtenant facilities.
Plans and Specifications for the improvements for the District are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The Plans and Specifications are on file in the office of the City Clerk and the City Engineer where they are available for public inspection.
The Lancaster Business Park includes 68 properties and encompasses 410,856 square feet of landscaping along the public streets, medians and easements within the business park.
The maintenance, and servicing within the Lancaster Business Park includes but is not limited to mowing, trimming tumbleweed and trash removal, aeration, weed control, pest control, tree staking and tying, dethatching, hedge pruning and cleanup of drainage facilities.
Reference is made to the plans and specifications for the improvements on file with the City and are incorporated herein by reference.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
7 PART II – COST ESTIMATE
Landscape Maintenance District No. 1 Cost Estimate
There were 18,613 parcels being assessed prior to the effective date of Proposition 218, which was July 1, 1997. These assessments, imposed pursuant to petitions signed by the owners of the properties , are exempted from the requirements of Proposition 218. Those 1 8,613 parcels will be assessed a unit assessment of $80.00 for Fiscal Year 2022-23. The unit assessment rate of $80.00 has not been increased, as there is no provision for an annual escalator for those parcels existing at the time Proposition 218 was adopted.
There are 2,9 37 additional parcels that have been annexed into the District since the effective date of Proposition 2 18. All of these parcels receive a Special Benefit from the improvements and services provided and will be assessed in accordance with the requirements of Proposition 218.
The District costs for maintenance and incidentals for Fiscal Year 202 2-23 include legal advertising, tree and plant material, horticultural service, landscape maintenance, grounds maintenance, soil and weed control, graffiti abatement, electricity, water, transfer/city administration costs which includes salaries, benefits, equipment, and overhead. The total estimated operating cost to the District for Fiscal Year 2022- 23 is $2,279,553 and is proposed to be paid from the monies in the Landscape Maintenance District Fund.
The operating costs for the Fox Field Industrial Corridor are included in the overall District budget shown on the following page. Budgeted expenses are estimated through June 30, 2023.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
8 District Fund Accounting
DISTRICT FUND ACCOUNTING EXPENSES REVENUES BALANCE
Fund Balance as of July 1, 2021 $1,288,200
FY 2021-22 Estimated Revenues
Assessments from Annexed Properties $1,700,000
Interest, Developers Fees for New Annexations $50,000
Property Damage $7,000 Total Revenue FY 2021-22 $1,757,000
Projected Exepenses through June 30, 2022 $2,281,195
Capital Encumbrances FY 2021-22 $0
Transfers Out $270,392
Total Expenditures FY 2021-22 $2,551,587
Projected Fund Balance as of July 1, 2022 $493,613
FY 2022-23 Projected Revenues
Assessments from Properties $1,700,000
Interest, Developers Fees for New Annexations $50,000
Property Damage $15,700 Transfers In $20,240
Total Revenue FY 2022-23 $1,785,940
Budgeted Expenses FY 2022-23
Operating Expenses $2,012,239
Capital Encumbrances $0
Capital Adjustment $0
Transfers Out $267,314
Total Expenditures FY 2022-23 $2,279,553
Projected Fund Balance as of July 1, 2023 $0
Lancaster Landcape Maintenance District No. 1
Total Parcels to be Assessed @ $80.00 per Benefit Unit 18,613 Total Parcels to be Assessed @ $128.41 per Benefit Unit 2,862 Fox Field Industrial Corridor
Total Parcels to be Assessed @ $0.423 per Benefit Unit 7 Front Row Center
Total Parcels to be Assessed @ $2,479.59 per Acre 2 Lancaster Business Park
Total Parcels to be Assessed @ $0.261 per Square Foot 68 Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
9 Fox Field Industrial Corridor Landscape Maintenance District Cost Estimate The total cost shall be assessed proportionally to each individual parcel based upon the benefit received.
As a condition of development within the Fox Field Industrial Corridor, the d evelopers are required to provide street trees and parkway landscaping along Avenue G in accordance with the requirements of the Fox Field Industrial Corridor Specific Plan. The District provides for the maintenance and servicing of the landscape improvements and all incidentals thereto. All parcels receive direct and special benefit from the landscape improvements and services, and therefore the cost are apportioned to the lots created by development.
In accordance with the Fox Field Industrial Corridor Specific Plan, Avenue G was designed with a 10 -foot wide landscaping easement on both sides with shrubs and canopy trees, as well as a 14-foot wide median, (7' of median included in cost calculation).
Determining the Cost per Benefit Unit
Benefit Units (BUs) for each parcel have been determined as a function of gross acreage and a Benefit Factor, related as shown in the following equation:
BUs = Gross Acres x Benefit Factor
Table 1 on the following page summarizes the total area, assigned benefit factor, and total benefit units calculated for each of the proposed land uses in the Fox Field Industrial Corridor Landscape Maintenance District.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
10 TABLE 1: Summary of Benefit Units by Land Use
Land Use Land Use Code Gross Acres Benefit Factor Benefit Units Business Park BPK 598.60 556 per acre 332,821
Commercial COM 76.90 1,931 per acre 148,494
Fairgrounds/Business Park FRG/BPK 198.80 556 per acre 110,533 Light Industrial IND 206.40 304 per acre 62,746
Manufacturing/Distribution MFG 85.30 166 per acre 14,160 Office OFF 12.60 480 per acre 6,048
Office/Commercial OFF/COM 29.90 480 per acre 14,352
Research & Development R&D 126.00 353 per acre 44,478
Golf Course GLF 183.70 220 per acre 40,414
Open Space OSP 164.00 0 per acre 0
Roads RDS 244.60 0 per acre 0
TOTAL 1,926.80 774,046
The Unit Assessment Rate (annual assessment per BU) is $0.423 per Benefit Unit for Fiscal Year 2022-23.
Unit Assessment Rate = Total Costs / Total Benefit Units
The annual assessment for a given parcel is equal to the parcel’s total BUs multiplied by the Unit Assessment Rate, as shown in the following equation:
Total Assessment = Total BUs x Unit Assessment Rate
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
11 PART III – METHOD OF APPORTIONMENT
General
The 1972 Act allows for the establishment of assessment districts by public agencies for the purpose of providing certain public improvements as detailed in Section I of this Report. The 1972 Act also requires that the cost of these improvements and services be assessed based on benefit received rather than by assessed value of the properties being assessed. In accordance with the 1972 Act, Section 22573:
“
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.
— Streets and Highways Code Section 22573
The method of apportionment described in this Report, and confirmed by the City Council at the time the District was formed, utilizes commonly accepted engineering practices which have been established pursuant to the 1972 Act and the California Constitution for the allocation of special benefit assessments.
The calculation of assessments is based upon the parcel type and the services and improvements provided to equitably apportion the costs based on the special benefit received by each lot or parcel. The special benefit received by each lot or parcel is over and above any general benefit conferred upon said lots or parcels or to the public at large.
Special Benefit
The improvements and associated costs have been allocated to the assessable properties within the District based upon the special benefit received by those properties. The improvements for which the properties are assessed have been identified as necessary, were installed and are being maintained as part of the development plans specifically for each tract. As such, the improvements and continuing maintenance and servicing of those improvements are strictly the obligation of those properties.
General Benefit
Although the improvements may be visible to passersby or to the public at large, the improvements were installed as a requirement of the development and are for the benefit of properties within the District and development. It has been determined therefore, any access or use by properties or individuals outside the District is incidental and the costs of operating, maintaining , and servicing said improvements therefore provides no measurable benefit to those outside properties or individuals.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
12 Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable lot or parcel receives distinct and special benefits from the improvements and services provided, including the visual desirability provided by well-maintained landscaping. In accordance with Article XIII D, Section 4 of the California Constitution:
“
Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large.
— Article XIII D, Section 4 of the California Constitution Basis of Special Benefit Proportioning
The City of Lancaster requires a ten-foot wide landscape area for all residential development adjacent to all primary and secondary arterials. This requirement produces quarter square mile sections of residential development, with a ten foot wide landscape strip around the perimeter. The perimeter landscaping improves the appearance of the residential development and provides a benefit to all parcels within the area. The landscaping also helps control erosion, provides shade, and reduces he at buildup in the development. These benefits are considered a Special Benefit to all of the parcels within the quarter square mile section.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
13 PART IV – ASSESSMENT DIAGRAM
An Assessment Diagram for the District is shown below. The lines and dimensions shown on maps of the Los Angeles County Assessor, for the current year, are incorporated by reference herein and made a part of this Report.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
14 FOX FIELD BOUNDARY MAP
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
15 LANCASTER BUSINESS PARK BOUNDARY MAP
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
16 PART V – ASSESSMENT ROLL
Parcel Identification for each lot or parcel within the District shall be based on available parcel maps and other property data from the Los Angeles County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.
A complete listing of parcels assessed within the District for Fiscal Year 2022-23, is too voluminous to include in the Report but is incorporated herein by reference and is on file with the City Clerk’s Office. 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 numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights -of-way; common areas; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions.
These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment.
The Fiscal Year 2022-23 Assessment Rolls for the Fox Field Industrial Corridor, the Lancaster Business Park and the parcels known as “Front Row Center” are shown on the following pages.
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
17 FOX FIELD ASSESSMENT ROLL
FISCAL YEAR 2022-23
Parcels 3105-001-915 and 3105-001-916 are City-owned parcels. The City pays for the maintenance costs shared by these two parcels but the amounts are not placed onto the tax roll. He County will not generate a tax bill for government owned parcels.
Project No. APN Lot No.
Square
Feet Acres
Assessment
Rate
Benefit
Units
2022-23
Assessment
PM 060916-01 3105-001-046 3 46,174 1. 06 $0.423 589.36 $249.08 3105-001-047 4 23,958 0.55 $0.423 305.80 $129.24
3105-001-048 5 21,344 0.49 $0.423 272.44 $115.14
3105-001-050 7 26,572 0.61 $0.423 339.16 $143.34
3105-001-051 8 23,522 0.54 $0.423 300.24 $126.88
3105-001-915 & 916 1 47,480 1.09 $0.423 606.04 $256.12
2 49,658 1.14 $0.423 633.84 $267.88
3 29,185 0.67 $0.423 372.52 $157.44
4 20,473 0.47 $0.423 261.32 $110.44
5 36,155 0.83 $0.423 461.48 $195.04
6 43,560 1.00 $0.423 556.00 $234.98
7 50,965 1.17 $0.423 650.52 $274.92
8 52,708 1.21 $0.423 672.76 $284.32
9 45,302 1.04 $0.423 578.24 $244.38
10 38,333 0.88 $0.423 489.28 $206.78
555,390 $2,995.98
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
18 LANCASTER BUSINESS PARK ASSESSMENT ROLL
FISCAL YEAR 2022-23
APN
Assessment
Rate Acreage
2022-23
Assessment
3126009116 $0.261 12,588.53 $3,282.04
3126009124 $0.261 44,309.96 $11,552.36
3126009132 $0.261 6,932.95 $1,807.54
3126009136 $0.261 3,916.44 $1,021.08
3126009137 $0.261 5,213.76 $1,359.32
3126009138 $0.261 4,938.70 $1,287.60
3126009139 $0.261 3,734.30 $973.60
3126009140 $0.261 2,172.00 $566.28
3126009141 $0.261 2,274.00 $592.88
3126009145 $0.261 15,681.80 $4,088.52
3126009146 $0.261 4,356.00 $1,135.68
3126009147 $0.261 21,403.00 $5,580.12
3126009154 $0.261 1,201.95 $313.36
3126009155 $0.261
1,201.95 $313.36
3126009156 $0.261 1,201.95 $313.36
3126009157 $0.261 1,201.95 $313.36
3126009158 $0.261 1,201.95 $313.36
3126009159 $0.261 1,201.95 $313.36
3126009160 $0.261 1,201.95 $313.36
3126009161 $0.261 1,201.95 $313.36
3126009162 $0.261 1,201.95 $313.36
3126009163 $0.261 1,201.95 $313.36
3126009164 $0.261 1,201.95 $313.36
3126009165 $0.261 1,201.95 $313.36
3126009166 $0.261 1,201.95 $313.36
3126009167 $0.261 1,201.95 $313.36
3126009168 $0.261 1,201.95 $313.36
3126009169 $0.261 1,201.95 $313.36
3126009170 $0.261 1,201.95 $313.36
3126009171 $0.261 1,201.95 $313.36
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
19 LANCASTER BUSINESS PARK ASSESSMENT ROLL
FISCAL YEAR 2022-23
APN
Assessment
Rate
Acreage/
Sq. Ft.
2022-23
Assessment
3126009172 $0.261 1,201.95 $313.36
3126009173 $0.261 1,201.95 $313.36
3126009174 $0.261 1,201.95 $313.36
3126009175 $0.261 6,622.67 $1,726.64
3126027055 $0.261 5,271.35 $1,374.34
3126027084 $0.261 4,354.18 $1,135.20
3126027085 $0.261 2,280.00 $594.44
3126027086 $0.261 1,560.00 $406.72
3126027093 $0.261 1,560.00 $406.72
3126027094 $0.261 2,280.00 $594.44
3126027095 $0.261 4,491.24 $1,170.94
3126027105 $0.261 5,639.40 $1,470.28
3126027109 $0.261 3,300.00 $860.36
3126027113 $0.261 1,560.00 $406.72
3126027114 $0.261 1,395.39 $363.80
3126027115 $0.261 16,461.72 $4,291.86
3126027118 $0.261 1,590.00 $414.54
3126027119 $0.261 12,025.01 $3,135.12
3126027120 $0.261 3,895.55 $1,015.64
3126027123 $0.261 5,077.35 $1,323.76
3126027124 $0.261 2,039.89 $531.84
3126027127 $0.261 15,448.80 $4,027.76
3126027129 $0.261 2,879.78 $750.80
3126027131 $0.261 4,686.52 $1,221.86
3126027132 $0.261 2,187.96 $570.44
3126027135 $0.261 3,624.25 $944.90
3126027136 $0.261 9,410.79 $2,453.56
3126027138 $0.261 25,812.19 $6,729.68
3126027140 $0.261 5,476.80 $1,427.90
3126027142 $0.261 3,392.40 $884.46
3126027143 $0.261 4,760.08 $1,241.04
3126027144 $0.261 11,734.09 $3,059.28
3126027145 $0.261 25,820.80 $6,731.92
3126027150 $0.261 2,369.99 $617.90
3126027151 $0.261 19,059.85 $4,969.22
3126027153 $0.261 19,012.77 $4,956.96
3126027154 $0.261 5,867.58 $1,529.78
3126027155 $0.261 15,145.24 $3,948.62
$107,117.02
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
20 FRONT ROW CENTER ASSESSMENT ROLL
FISCAL YEAR 2022-23
APN Acres Parcel Type/Use
Assessment
Rate
2022-23
Assessment
3153-015-041 2.16 Hampton Inn & Suites Hotel $2,682.30 $5,793.76 3153-015-042 3.051 Homewood Suites Hotel $2,682.30 $8,183.70 $13,977.46
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
21 APPENDIX A – ASSESSMENT ROLL FOR NEW PARCELS
Appendix A is a list of the new parcels to be assessed for landscaping services within the District as of the date this report was prepared. The property owner of these parcels agreed to be annexed into the District and the City Council will conduct a public hearing to memorialize and approve the annexations. The proceedings for annexation will be held and conducted in compliance with Proposition 218. Each property owner has signed an assessment ballot and waiver, agreeing to the annexation , assessment and annual CPI increase associated with the District.
Annexation
No.'s APN(s) Project Location D eveloper/Owner Calculated EDU's
Estimated
1st Year
Assessment
L
MD
433 Separate List Attached
TR 66842 (GRA 19-
04244) Ave. J-8 & 40th St. West Blanc Blue, LLC 84.000 $9, 623.88 435 3111-002-052
ECR 19-05781 (TPM
82327) 42nd St. West & Ave. N Dennis & Kathleen Pursely 3.00 $343. 71 199, 434 Separate List Attached TR 62578 Between 40th W. & 42nd W., north of A Civil Design and Drafting, Inc. 60.000 $7,105.80 436 3126-014-012
SPR 20-03 (GRA 20-
05186) Challenger Way, south of Ave. L McGowan Trust 1.080 $127. 90 442 3111-002-073 PMT 21-01519 3731 P addock Way GSA Construction 1.000 $119.56 444 3112-003-013 SPR 20-02 South side of Ave. K-12, about 27th Stre Emerald 2020 LP 1.000 $119.57 438 Separate List Attached SPR 20-04 2 0th St., E. side, S. of Ave. I WH4R Lancaster 162 LLC 2.000 $239.14 273 Separate List Attached TR 44439 Mohave Rose Dr., Jenny Ln. & Kristina C ITEC Financial, Inc 23.000 $2,750.11 310 3153-020-039 TR 60430 N . of Ave. K & E. of 37th St. W. Ravello Holdings, Inc. 82.000 $9,804.74 422, 439 Separate List Attached TR 60885 6 0th W & 290 ft south of Ave. J-8 Richmond American Homes 36.000 $2,808.00 350 Separate List Attached TR 61118 N . of Ave J & W. of 62nd W. KB Home Greater Los Angeles 68.000 $8,130.76 443 Separate List Attached TR 61248 Ave. J (south side), between 32nd & 35t KB Home Greater Los Angeles 157.000 $18,772.49 441 Separate List Attached TR 61535 S E corner of Ave., J & 45th St. W. D R Horton Ven. Inc. 228.000 $27,261.96 343, 416,
440 3109-011-045 T R 61733 NE corner of 27th W. & Ave. L-4 ICON Properties, Inc. 18.000 $2,152.26 388 Separate List Attached TR 61989 S W corner of Ave L and 67th W. Vista Equity, LP 52.000 $6,217.64 Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
22 Annexation No.'s: 433 Annexation No.'s: 438
Project: GRA 19-04244 (TR 66842) Project: SPR 20-04
APN(s): 3153-021-032 APN(s): 3121-034-006
3153-021-033 3121- 036-069
3153-021-034
3153-021-035 Annexation No.'s: 273
3153-021-036 Project: TR 44439
3153-021-038 APN(s): 3204-019-138
3153-046-065 3204-019-139
3204-026-043
Annexation No.'s: 434 3204-026-044
Project: TR 62578 3204-026-045
APN(s): 3153-103-030 3204-026-046
3153-103-031 3204-026-047
3153-103-032 3204-026-048
3153-103-033 3204-026-049
3153-103-034 3204-026-050
3153-103-035 3204-026-051
3153-103-036 3204-026-052
3153-103-037 3204-026-053
3153-103-038 3204-026-054
3153-103-039 3204-026-055
3153-103-040 3204-026-056
3153-103-041 3204-026-057
3153-103-042 3204-026-058
3153-103-043 3204-026-059
3153-103-044 3204-026-060
3153-103-045 3204-026-061
3153-103-046 3204-026-062
3153-103-047 3204-026-063
3153-103-048
3153-103-049
Annexation No.'s: 439
3153-103-050 Project: TR 60885
3153-103-051 APN(s): 3203-018-059
3153-103-052 3203-018-060
3153-103-053
LANDSCAPE MAINTENANCE DISTRICT
Engineer’s Report
Landscape Maintenance District No. 1
and Fox Field Industrial Corridor Landscape Maintenance District City of Lancaster
Fiscal Year 2022-23
23 TR 62578 Cont. 3153-103-054 Annexation No.'s: 350
3153-103-055 Project: TR 61118
3153-103-056 APN(s): 3203-008-045
3153-103-057 3203-008-046
3153-103-058 3203-008-047
3153-103-059
3153-103-060 Annexation No.'s: 443
3153-103-061 Project: TR 61248
3153-103-062 APN(s): 3150-013-032
3153-103-063 3150-013-039
3153-103-064
3153-103-065
3153-103-066 Annexation No.'s: 441
3153-103-067 Project: TR 61535
3153-103-068 APN(s): 3153-024-003
3153-103-069 3153-024-035
3153-103-070 3153-024-036
3153-103-071 3153-024-040
3153-103-072 3153-024-046
3153-103-073 3153-024-050
3153-103-074 3153-024-051
3153-103-075
3153-103-076 Annexation No.'s: 388
3153-103-077 Project: TR 61989
3153-103-078 APN(s): 3204-004-026
3153-103-079 3204-004-045
3153-103-080
3153-103-081
3153-103-082
3153-103-083
3153-103-084
3153-103-085
3153-103-086
3153-103-087
3153-103-088
3153-103-089
STAFF REPORT
City of Lancaster
PH 2
6/28/2022
JC
Date: June 28, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Nicole Jones, Analyst – Public Works
Subject: Lancaster Lighting Maintenance District Levy of Annual Assessment for Fiscal Year 2022-2023
Recommendation:
Adopt Resolution No. 22-36, confirming the diagram and assessments, and ordering the levy of an assessment in the Lancaster Lighting Maintenance District for Fiscal Year 2022-2023.
Fiscal Impact:
Each benefit unit will be assessed $117.15, which includes a 7.40% CPI adjustment ($45.00 in zones that voted "no" during the 2003 election). An estimated total of $6,038,675.00 will be assessed against the benefiting properties, which will be used for maintenance expenses.
Background:
On March 11, 2003, the City Council directed that an election be held asking the property owners within the Lancaster Lighting Maintenance District (LLMD) to approve an increase in the annual street lighting assessment to $70.00 per lighting unit, including a Consumer Price Index (CPI) based inflator.
Lancaster Lighting Maintenance District was formed, including subsequent annexations thereto, for the purpose of financing maintenance operations and installation of public lighting facilities, including, but not limited to street lights and public parking lot lights (public lighting facilities) (as defined in § 22525 of the California Code) within the City of Lancaster, and assessing those properties, which benefit from this service their proportionate share of the cost. Each year, the City Council must, by law, order the preparation of an Engineer’s Report describing the existing and proposed maintenance services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.
Last year’s rate was $109.08. For Fiscal Year 2022-2023, the rate of assessment will be $117.15 per lighting unit, including the established CPI adjustment of 7.40% ($109.08 + ($109.08 x 0.0740 9 4
5 = $8.07192) ($109.08 + $8.07 = $117.15), except for those parcels within the zones that voted "no", as shown on in the Engineer’s Report, which will remain at $45.00 per lighting unit.
The street lighting improvements in the areas within the District will be maintained with funds generated by the Lighting Maintenance District. Each lot or parcel within the District that has been annexed as indicated on the diagram will be assessed a unit assessment of $117.15 for Fiscal Year 2022-23. Parcels within the zones that voted "no" will remain at a unit assessment of $45.00.
The City purchased approximately 18,000 streetlights from Southern California Edison in 2017.
Bonds were issued to pay the cost of acquisition of the streetlights within the Lancaster Lighting Maintenance District, and will be secured by assessments levied in each subsequent fiscal year until the bonds are retired.
NJ/jr
Attachments:
Resolution No. 22-36
District Fund Accounting for Lancaster Lighting Maintenance District
RESOLUTION NO. 22-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, CONFIRMING THE DIAGRAM
AND ASSESSMENT AND ORDERING THE LEVYING OF AN
ASSESSMENT IN LANCASTER LIGHTING MAINTENANCE
DISTRICT FOR FISCAL YEAR 2022-2023
WHEREAS, the City Council on June 14, 2022, adopted a Resolution of Intention to order the levying of an assessment in Lancaster Lighting Maintenance District (hereinafter referred to as the "District") for the purpose of providing funds for the provision of lighting maintenance services located therein, pursuant to the provisions of the Landscape and Lighting Act of 1972, of the Streets and Highways Code of the State of California; and WHEREAS, the assessment engineer has prepared and filed an Engineer's Report with the City Clerk as required by law; and
WHEREAS, the City Council did proceed to cause notice to be published in the manner required by law, of the time and place for a Public Hearing on the levying of the proposed assessment; and
WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of an assessment.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, STATE OF CALIFORNIA, THAT:
Section 1. The City Council of the City of Lancaster hereby finds that the public interest and convenience requires the continued maintenance of the lighting improvements in the Lancaster Lighting Maintenance District.
Section 2. The District diagrams and assessments as set forth in said Report, or as modified, are hereby approved, confirmed, and adopted by the City Council.
Section 3. The adoption of this Resolution constitutes the levy of an assessment of $117.15 per lighting unit, except for those parcels within the zones that voted “no”, which will remain at $45.00 per lighting unit for the fiscal year commencing July 1, 2022, and ending June 30, 2023.
Section 4. The amounts to be assessed for the expenses of the maintenance and service as described in said Report and Resolution of Intention shall be collected at the same time and in the same manner as County taxes are collected, and shall be disbursed and expended for maintenance, operation and service of the District, all as described in the Engineer’s Report and in Section 4 of the Resolution of Intention.
Section 5. The City Clerk is hereby ordered and directed to file a certified copy of this Resolution, upon its adoption, with the County Auditor.
Resolution No. 22-36
2 5
0 3
PASSED, APPROVED, and ADOPTED this 28th of June, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, ________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 22-36, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, 2022.
(seal)
_____________________________
ANDREA ALEXANDER
City Clerk
City of Lancaster
CITY OF LANCASTER
FINAL ENGINEER’S REPORT
FISCAL YEAR 2022-23
LANCASTER
LIGHTING MAINTENANCE DISTRICT
June 2022
Prepared by
Harris & Associates
22 Executive Park, Suite 200
Irvine, CA 92614
www.weareharris.com
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
ENGINEER’S REPORT FOR
FISCAL YEAR 2022-23
LANCASTER LIGHTING MAINTENANCE DISTRICT
CITY OF LANCASTER
STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE ENGINEER’S REPORT, TOGETHER WITH THE ASSESSMENT ROLL THERETO
ATTACHED, WAS CONFIRMED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, STATE OF CALIFORNIA AND FILED WITH ME ON THE _____ DAY OF _________, 2022.
_________________________________
ANDREA ALEXANDER
CITY CLERK
CITY OF LANCASTER
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
TABLE OF CONTENTS
Table of Contents
Introduction 1
Impacts of Proposition 218 3
Statement of Assessment Engineer 4
Part I – Plans and Specifications 6
Part II – Cost Estimate 8
Part III – Method of Apportionment 10
Part IV – Assessment Diagram 21
Part V – Assessment Roll 22
Part VI – Assessment List for Zones that Voted “No” 23
Appendix A – Assessment List of New Parcels for 2022-23
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
1 INTRODUCTION
Purpose
Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIII D (the “California Constitution”) the City Council of the City of Lancaster (the “City”), adopted a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments within the Lancaster Lighting Maintenance District (the “District”) for Fiscal Year 2022-23. Said Resolution called for the preparation and filing of an annual report (“Report”) pursuant to Chapter 1, Article 4 of the 1972 Act, beginning with section 22565, presenting plans and speci fications describing the general nature, location and extent of the improvements to be maintained and an estimate of the costs to maintain said improvements within the District.
The word “parcel”, for purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Los Angeles County Assessor’s Office. The Los Angeles County Auditor/Controller uses APN and specific fund numbers to identify properties to be assessed on the tax roll for special benefit assessments.
This Report consists of five sections and identifies the following items:
• Plans and Specifications. The location of the District and the specific improvements to be maintained.
• Estimate of Costs. The District costs and proposed assessments to be levied for 2022-23. • Method of Apportionment. How the District costs are allocated and apportioned to the assessable parcels based upon the benefit received.
• District Diagram. A Diagram showing the District boundaries. • Assessment Roll. A listing of properties to be assessed by APN and corresponding assessment amounts.
• Assessment List for Zones that Voted “No”. A listing of parcels in the Zones that voted “No” in 2003 and will be assessed $45 per lighting unit this fiscal year.
Overview
The City Council of the City of Lancaster approved the transfer and formation of Lancaster Lighting Maintenance District in June 1992, for the purpose of providing funds for the provision of lighting maintenance services for public lighting facilities within the District, in accordance with State Law.
Territory has been annexed into the District, increasing the amount improvements to be maintained and the size of the District. In 1996, other public lighting facilities and highway safety lights that are in the City, but were not in the District , were included in the District for maintenance and servicing. Traffic Signals were included in the District for maintenance and servicing beginning Fiscal Year 2005 -06.
Beginning in Fiscal Year 2021-22, traffic signals were removed from the District as a service item.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
2 Since Fiscal Year 2005-06, developers have been required to place funds on deposit with the City to cover the cost of the lighting improvements from the date of acceptance to the next fiscal year. Any excess funds were used to reduce the costs for the following year. The benefiting properties are included in the assessment during the fiscal year following acceptance of the lighting improvements. The District collects annual assessments from property owners within the District to fund the annual maintenance and energy costs of the public lighting facilities.
The City Council approved a resolution initiating the proceedings for the levy of increased assessments within the Lancaster Lighting Maintenance District on April 8, 2003. In addition, the City Council adopted a resolution declaring the City's intention to levy the increased assessments, setting the dates for the public meeting and public hearing, and authorizing the staff to mail out assessment ballots and notices.
Returned Assessment Ballots were tallied according to the zone of benefit. For purposes of voting, t he District was divided into 104 zones.
As of July 8, 2003, all zones with the exception of Zones 27, 30, 49B, 51B, 51D, 65B, 70A, 89 B, and 103, received voter approval for the additional assessments and the inclusion of a Consumer Price Index (CPI) adjustment factor. Following the results of the original votes, and with the streetlights being turned off, property owners within three z ones that voted "no", namely zones 27, 30, and zone 89B, submitted petitions to the City to initiate another voting process. For the revote, the City further subdivided these zones as follows: zone 27 split into zones 27A and 27B, zone 30 split into zone s 30A and 30B, and zone 89B split into zones 89B-1 and 89B-2. The City Council adopted resolutions initiating proceedings for the levy of additional assessments and notices of public hearings and assessment ballots were mailed to the affected property owners within these zones. The three election processes were successful and the City Council approved the levy of additional assessments at the October 28, 2003, November 11, 2003, and January 27, 2004, Council meetings. Each of the parcels within the Zones that voted “Yes” have been annexed into the District and have agreed to the assessment being imposed. If a parcel which is already annexed into the District develops or changes its land-use, the assessments will be adjusted to reflect the new development status or land-use category, without the need for an assessment ballot process for that parcel.
The assessment for Fiscal Year 2022-23 is $117.14 per lighting unit except for 445 parcels within the zones that voted "no" which will remain at $45.00 per lighting unit. The total number of assessable parcels in the Lighting District for Fiscal Year 2022-23 is 41,786, with a total of 52,468.491 lighting units (50,789.184 at $117.14 pe r unit and 1,679.307 at $45.00 per unit) . There are approximately 18,500 City owned streetlights, 1,800 Edison owned streetlights, and 853 highway safety lights in the District.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
3 IMPACTS OF PROPOSITION 218
On November 5, 1996 California voters appro ved Proposition 218 entitled "Right to Vote on Taxes Act" which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts.
Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1) Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2) Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment unless the increase in assessment was anticipated in the assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets”, however, following the passage of Proposition 218 based on conversations with other public agency officials, attorneys, assessment engineers and Senate Bill 919, we determined that “streets” include all public improvements located within the street right-of- way. This would include median and parkway landscaping, safety lighting and street lighting.
It was also determined that if assessments were imposed as a condition of development and property owners agreed to the imposition of assessments and subsequently signed a development agreement confirming so, then this would suffice for the requirement of signing a petition.
The more difficult question arose in those situations where the levy of assessments was imposed as a condition of approval for land development or subdivision where the property owner did not enter into a development agreement. In those cases, if the street light facilities and the resulting assessment were a condition of the land development or subdivisions approval and the property owner acquiesces to the levy of assessment, it is reasoned that this was a functional equivalent of giving express consent or signing a petition requesting the imposition of the assessment. Even the Howard Jarvis Taxpayers' Association seems to tacitly support this conclusion in its "Statement of Drafters' Intent". When discussing the exemption for existing assessments imposed pursuant to a petition, the taxpayers' association said:
"This provision exempts most land secured financing arrangements used by developers." Acceptance of a condition of approval of a development or subdivision which requir es the imposition of assessments is a common form of land secured financing used by developers to fund street lighting maintenance.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
4 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: LANCASTER LIGHTING MAINTENANCE DISTRICT
OF THE CITY OF LANCASTER
PROJECT: LANCASTER LIGHTING MAINTENANCE DISTRICT
TO: CITY COUNCIL
CITY OF LANCASTER, STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2022-23
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council for the Lancaster Lighting Maintenance District of the City of Lancaster to provide l ighting maintenance services upon each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2022-23.
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) (“Act”), Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of Lancaster’s Resolution being adopted by the City Council of the City of Lancaster, this Report has been ordered for:
LANCASTER LIGHTING MAINTENANCE DISTRICT
(Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report which consists of the following six (6) parts and Appendices:
PART I
Plans and Specifications : Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk and are incorporated herein by reference.
PART II
Estimate of Costs: An estimate of the costs of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk and incorporated herein by reference.
PART III
Method of Apportionment: The method of apportionment indicates the proposed levy of the net amount of the costs and expenses of the improvements to be levied upon the parcels of land within the District, in proportion to the estimated benefits to be received by such parcels.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
5 PART IV
Assessment Diagram : The d iagram of the d istrict boundaries showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for the fiscal year to which this Report applies.
PART V
Assessment Roll: An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the District. The proposed Assessment Roll using Fiscal Year 2022-23 assessment rates is included in this Report as Part V.
PART VI
Assessment List for Zones that Voted “No”: An assessment list of the parcels in the zones that voted “No” to be assessed at $45 per lighting unit this fiscal year is included in the Report as Part VI.
Harris and Associates is perform ing the administrative function of preparing this Report and submitting the assessment amounts to Los Angeles County for the 2022-23 tax year, based on previous City Council approvals.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
6 PART I – PLANS AND SPECIFICATIONS
Description of the District and Boundaries
The District was formed for the purpose of ensuring the ongoing maintenance, operation and servicing of certain lighting improvements within the boundaries of the District. The District was also formed with the intent of annexing all new development within the City. Said improvements are detailed below under “Improvements and Services Provided”.
Each area annexed into the District as a condition of development. The District located throughout the City of Lancaster.
Improvements and Services Provided
The improvements for the District and Zones may be generally described as follows:
The operation, maintenance, and servicing of street lighting, public parking lot lighting and highway safety lighting improvements (public lighting facilities), and appurtenant facilities.
Plans and Specifications for the improvements for the District are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The Plans and Specifications are on file in the o ffice of the City Clerk and the City Engineer where they are available for public inspection.
Assessments for the District are being levied to provide funding for the following:
1. The maintenance, operation, and servicing of local streetlights in close proximity, within approximately 90 feet, to certain lots and parcels which provide a direct and special benefit to such lots or parcels.
2. The maintenance, operation and servicing of arterial streetlights, and other public lighting facilities which provide a special benefit to all the assessable parcels within the District and Zones whether or not such parcels are in close proximity to such lighting.
3. The payment of debt service on bonds or other obligations, including installment payments, to be issued or incurred during the fiscal year. Obligations are being incurred to pay the costs of acquisition of the streetlights within the District and Zones and will be secured by assessments levied in each fiscal year until the obligation is paid. The City Council has determined that the estimated cost of the acquisition of the streetlights and retrofit there of ($15,716,995.00) is greater than can be conveniently raised from a single annual assessment and that the estimated cost, plus incidental expenses, shall be collected in installments over a twenty (20) year period, commencing Fiscal Year 2016-17 and continuing through Fiscal Year 2036-37. The maximum annual assessment installment is estimated to be an amount not to exceed $1,000,000 which is to be included within the annual budget of the District.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
7 The improvements to be maintained and other public lighting facilities operated and serviced are the local and arterial streetlight system of the City of Lancaster that confers special benefit to the parcels within the District and Zones. The specific location of both local and arterial streetlight improvements within the City can be found on the Streetlight Inventory Maps maintained by the City and on file in the office of the City Engineer where they are available for inspection. The City also maintains a lamp location list that is a tabulated listing of every street in the District and Zones by alphabetical order. Included in the items listed for each lamp are the exact location by street address number and lamp size. Lamps are not placed in specific zones unless they clearly only benefit certain parcels (i.e., alley lights, main streetlights, and petitioned installation areas).
Article XIII D of the California Constitution defines "maintenance and operat ion expenses" as the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care and supervision necessary to properly operate and maintain a permanent public improvement." The District funding includes, but is not limited to, the removal, repair, replacement or relocation of light standards, poles, bulbs, fixtures, and all appurtenances, electrical energy, supplies, engineering, and incidental costs relating to the maintenance and operation of the public lighting facilities benefiting the District parcels.
The local streetlight improvements to be maintained, operated, and serviced within the District and Zones include Edison -owned and City owned streetlights within the right -of-way of the local public streets located within the boundaries of the District and Zones. These lights are all within close proximity to the parcels within the District and Zones identified as receiving local lighting benefit in the Method of Assessment, and as such, provide special benefit to these parcels.
Specifications for streetlights within the District and Zones are indicated within a previously executed contract by and between the City of Lancaster and Southern California Edison Company, a copy of which is available in the Development Service Department.
The arterial streetlight improvements to be maintained, operated, and serviced with the use of District funds include a reasonable allocation of Edison-owned streetlight maintenance, operation, and servicing on the major arterial streets within the City that provide special benefit to the parcels within the City.
Reference is made to the plans and specifications for the improvements on file with the City and are incorporated herein by reference.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
8 PART II – COST ESTIMATE
Cost Estimate
The District costs for maintenance and incidentals for Fiscal Year 2022-23 include, but are not limited to:
maintenance, operations, utility costs, operating reserves and incidentals.
The estimated District costs of $4,726,706 are proposed to be paid from the monies in the Lighting District Fund for Fiscal Year 2022-23 and other City funding sources.
The Act provides that the amount of any surplus, deficit, or contribution be included in the estimated costs for the District. The net amount to be assessed on the lots or parcels within the District is the total cost of maintenance and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
Placement of New Street Lights on LS-3 Rate Schedule
On F ebruary 27, 2007, the City Council approved the placement of new streetlights on the LS -3 rate schedule (City owned and metered for energy use) and directed Staff to proceed with implementing the change effective July 1, 2007. By retaining ownership and self-maintaining the future streetlights, the City could save up to 20% in maintenance cost for new streetlights that are on the LS-3 rate schedule. Expenses incurred would be paid from the assessments paid annually by the property owners into the Lancaste r Lighting Maintenance District.
Southern California Edison (SCE) has three rate schedules approved by the California Public Utilities Commission to charge for the energy and maintenance of street lights namely LS-1 schedule (unmetered, SCE owned and maint ained lights), LS -2 schedule (unmetered, customer owned, SCE maintained lights) and LS-3 schedule (metered, customer owned and maintained lights). There are approximately 1,800 streetlights in the Lancaster Lighting Maintenance District on the LS-1 schedule, approximately 18,000 on the LS-2 schedule, and approximately 1,350 on the LS-3 schedule.
District Fund Accounting
The District Cost Estimate for Fiscal Year 2022-23 is shown on the following page. Projected Expenditures are estimated through June 30, 2023.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
9 DISTRICT FUND ACCOUNTING EXPENSES REVENUES BALANCE
Fund Balance as of July 1, 2021 $3,358,735
FY 2021-22 Revenues
Assessments from Annexed Properties $4,450,000
Interest, Developers' Fees for New Annexations $70,000
Property Damage $700 Transfers In $0
Rebates for Energy Savings Measures $0
Total Revenue FY 2021-22 $4,520,700
FY 2021-22 Projected Expenditures
Operating Expenses $4,705,170
Capital Improvements $170,975
Street Light Acquisitions $0
Street Light LED Retrofits $0
Transfers Out-Retiree Health Benefits $136,693
Fund Shortfall covered TDA Art 8 $0
Total Expenditures FY 2021-22 $5,012,838
Projected Fund Balance as of July 1, 2022 $2,866,597
FY 2022-23 Projected Revenues
Assessments from Annexed Properties $4,450,000
Interest, Developers' Fees for New Annexations $70,000
Property Damage $0 Transfers In $0
Rebates for Energy Savings Measures $0
Total Revenue FY 2022-23 $4,520,000
FY 2022-23 Projected Expenditures
Operating Expenses $4,589,056
Street Light LED Retrofits $0
Capital Improvements $0
Transfers Out-Retiree Health Benefits $137,650
Fund Shortfall covered TDA Art 8 $0
Total Expenditures FY 2022-23 $4,726,706
2022-23 Operating Reserve $2,659,891
Projected Fund Balance as of July 1, 2023 $0
Projected Unreserved Fund Balance as of July 1, 2022 $0 Total Lighting Units to be Assessed @ $117.14 per Unit 50,789.18 Total Lighting Units to be Assessed @ $45.00 per Unit 1,679.31 Total Parcels to be Assessed 41,786
2022-23 Estimated Assessment Revenue $6,024,530.16
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
10 PART III – METHOD OF APPORTIONMENT
General
The 1972 Act allows for the establishment of assessment districts by public agencies for the purpose of providing certain public improvements as detailed in Section I of this Report. The 1972 Act also requires that the cost of these improvements and services be assessed based on benefit received rather than by assessed value of the properties being assessed. In accordance with the 1972 Act, Section 22573:
“
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.
— Streets and Highways Code Section 22573
The method of apportionment described in this Report, and confirmed by the City Council at the time the District was form ed, utilizes commonly accepted engineering practices which have been established pursuant to the 1972 Act and the California Constitution for the allocation of special benefit assessments.
The calculation of assessments is based upon the parcel type and the services and improvements provided to equitably apportion the costs based on the special benefit received by each lot or parcel. The special benefit received by each lot or parcel is over and above any general benefit conferred upon said lots or parcels or to the public at large.
Special Benefit
The improvements and associated costs have been allocated to the assessable properties within the District based upon the special benefit received by those properties. The improvements for which the properties are assessed have been identified as necessary, were installed and are being maintained as part of the development plans specifically for each tract. As such, the improvements and continuing maintenance and servicing of those improvements are strictly the obligation of the properties within the District.
General Benefit
Although the improvements may be visible to passersby or to the public at large, the improvements were installed as a requirement of the development of the tract and are for the sole benefit of properties within the District. It has been determined therefore, any access or use by properties or individuals outside the District is completely incidental and the costs of operating, maintaining and servicing said improvements therefore provides no measurable benefit to those outside properties or individuals.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
11 Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable lot or parcel receives distinct and special benefits from the improvements and services provided, including the visual desirability provided by well-maintained landscaping. In accordance with Article XIII D, Section 4 of the California Constitution:
“
Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large.
— Article XIII D, Section 4 of the California Constitution Basis of Special Benefit Apportioning
The Landscaping and Lighting Act of 1972 indicates that lighting assessments may be apportioned by any formula or method which fairly distributes costs among all lots or parcels within the district in proportion to the estimated benefits received. The City has determined that all developed parcels within the Lancaster Lighting Maintenance District, whether publicly or privately owned, receive only a special benefit from public lighting as a crime deterrent and for pedestrian safety. The special benefits of public lighting are the safety, security or protection of property, property improvements, inhabitants, and goods.
The intensity or degree of illumination provided can have a bearing on the special benefit.
People Related Benefits (People Use)
• Reduction in accidents and attendant human misery and decrease in personal and property loss. • Deterrence of nighttime crime.
• Promotion of business during nighttime hours.
• Safe use of roads and highways to access property.
Security or Property Protection (Security Benefit)
• Reduction in vandalism and other criminal acts, and damage to improvements. • Reduction in burglaries.
Intensity
Intensity or degree of illumination provided on streets in our lighting district varies with the type of street and the use of t he property adjacent thereto. The following table from the Illuminating Engineering Society Handbook was used as a guide for the installation of the majority of the D istrict lighting system.
The cost of providing the highest recommended degree of illumination (used in commercial areas) is about four times the cost of providing the intensity recommended for the lowest category, including residential properties.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
12 Recommendation for Average Horizontal Footcandles
Roadways (Other than Expressways or Freeways)
Roadway Classification Area Classification
Outlying
Downtown Intermediate and Rural
Major 2.0 1.2 0.9
Collector 1.2 0.9 0.6
Local or Minor 0.9 0.6 0.2
Based on land use information provided by the County Assessor, it has been determined in the existing lighting districts over ninety-three (93) percent of the parcels are in a residential category.
Approximately eighty (83) percent are single- family homes or condominiums and the remainder are duplexes, triplexes, or apartment dwelling. In view of this and the benefits derived by the family unit, both at and in the proximity of their property, a value of one (1) has been assigned to the basic f amily unit, i.e., the single-family home or condominium. The existing lighting district includes some properties that may not actually have public lights on their block but which do receive a neighborhood benefit from the lights in the area. These proper ties were also included in the proposed lighting district. Based on engineering judgment of the factors involved, a strong indication that lighting benefits are largely people related, a value of 1/2 was given to "People Use" while "Intensity" and "Security Benefit" were each rated at 1/4 to form the basic unit. Parcels in other land use categories were then rated by comparison with the basic unit.
In the remainder of the residential category, which is comprised of multiple rental type properties, the value for Intensity would remain at 1/4 but the other two items would increase in proportion to the number of family dwelling units on the parcel. For example, a duplex was assigned 1/4 for Intensity, 1 for People Use and 1/2 for Security Benefit for a total of 1-3/4 units. The owner of such property would therefore pay 1-3/4 times as much for lighting as the owner of a single-family residence. In consideration of the distance some units would be from the lighted roadway, Security Benefits in the residential category would not be increased beyond a value of 1. Thus a five (5) unit apartment would be assigned 1/4 for Intensity, 2-1/2 for People Use and 1 for Security Benefits or a total of 3 -3/4 units. As the number of apartments on a parcel increases, the service charge units assigned for all apartments is shown in the tables below:
Formula for calculating all apartment Lighting Assessment Units:
Assessment Units = No. of Apartments/2 + Intensity + Security (Divide number of apartments by 2 then add Intensity and Security benefits)
Intensity (Degree of illumination) always remains at ¼ Unit but Security Benefit increases as the number of apartments increases to a maximum of 1. The People Use formula (number of apartments divided by 2) remains the same for all number of apartments.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
13 Assessment Units Calculation for 2 to 4 Apartments
No. of Units People Use (Units/2) Intensity Degree Security Benefit Assessment Units 2 1 0.25 0.5 1.75
3 1.5 0.25 0.67 2.42
4 2 0.25 0.75 3
Assessment Units Calculation for 5 to 20 Apartments
Security Benefit remains constant at 1.
No. of Units People Use (Units/2) Intensity Degree Security Benefit Assessment Units 5 2.5 0.25 1 3.75
6 3 0.25 1 4.25
10 5 0.25 1 6.25
15 7.5 0.25 1 8.75
20 10 0.25 1 11.25
Assessment Units Calculation for 21 to 50 Apartments
Take the number of Assessment Units for 20 apartments (11.25) then add 1/3 for each apartment over 20 apartments
No. of Units Assessment Units for
20 Apartments
Number of
Apartments above
20 1/3 unit for each
Apartment above
20 Assessment Units
21 11.25 (1) .33 11.58
30 11.25 (10) 3.33 14.58
40 11.25 (20) 6.67 17.92
50 11.25 (30) 10 21.25
Assessment Units Calculation for 51 to 100 Apartments
Take the number of Assessment Units for 50 apartments (21.25) then add 1/4 for each apartment over 50 apartments
No. of Units Assessment Units
for 50 Apartments
Number of
Apartments above
50 1/4 unit for each
Apartment above
50 Assessment Units
51 21.25 (1) .25 21.50
60 21.25 (10) 2.5 23.75
80 21.25 (30) 7.5 28.75
100 21.25 (50) 12.5 33.75
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
14 Assessment Units Calculation Apartments Over 100
Take the number of Assessment Units for 100 apartments (33.75) then add 1/5 for each apartment over 100 apartments
No. of Units Assessment Units for
100 Apartments
Number of
Apartments above
100
1/5 unit for each
Apartment above
100
Assessment Units
101 33.75 (1) .20 33.95
125 33.75 (25) 5 38.75
150 33.75 (50) 10 43.75
200 33.75 (100) 20 53.75
Group A
1 Unit (Minimum charge for improved property)
1. Irrigation Farms
2. Dry Farms
3. Cemeteries
4. Dump Sites
5. Improved Vacant Sites (no building but other improvements)
6. Dam
Group B
Moderate Intensity Lighting ½ Unit
Nominal People Use 1 Unit
Moderate Security Benefit ½ Unit
Total: 2 Units
1. Animal Kennels
2. Nurseries and Greenhouses
3. Parking Lots (industrial)
4. Churches
5. Schools (Private)
6. Petroleum and Gas (Oil Refinery)
7. Utility
8. Police and Fire Station
9. Utilities Office (Power, Water, etc.)
10. Military Post
11. Public Schools (General)
12. Elementary School (Public)
13. School Administration or Service Center
14. Art Center and Museum
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
15 Group C
High Intensity Lighting 1 Unit
Nominal People Use 1 Unit
Moderate Security Benefit ½ Unit
Total: 2 ½ Units
1. Parking Lot (Commercial)
2. Parking Lot (Lease)
Group D
High Intensity Lighting 1 Unit
Nominal People Use 1 Unit
High Security Benefit 1 U nit
Total: 3 Units
1. Office Buildings
2. Professional Buildings
3. Banks, Savings & Loans
4. Service Shops
5. Lumber Yards
6. Golf Courses
7. Race Tracks/Stables
8. Camps
9. Homes for Aged
10. City Hall and Administration Center
11. Auxiliary and Regional Center
12. Welfare and Social Services
13. Postal Facility
14. Library
15. Court Building and Jail
16. High School (Public)
17. Public Swimming Pool
18. Horse Stable
19. Youth Facility
20. Office Space Lease
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
16 Group E
High Intensity Lighting 1 Unit
Moderate People Use 2 Units
High Security Benefit 1 U nit
Total: 4 Units
1. Stores
2. Store with Office or Residence
3. Service Stations
4. Clubs and Lodge Halls
5. Rapid Transit Bus, etc.
6. Souvenir Shop
7. Food Concession
8. Airport and T-Hangar
9. Airport and Tie-Down
10. Airport and Fixed-Based Operator
11. Public Park
12. Ball Field (Little League, etc.)
Group F
Nominal Intensity Lighting ¼ Unit
Moderate People Use 3 Units
High Security Benefit 1 U nit
Total: 4 ¼ Units
1. Rooming House (Same as 6-Unit Apartment)
Group G
High Intensity Lighting 1Unit
High People Use 3 Units
High Security Benefit 1 U nit
Total: 5 Units
1. Restaurant
2. Theatre
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
17 Group H
Moderate Intensity Lighting ½ Unit
Nominal People Use 1 Unit
High Security Benefit 1 U nit
Total: 2 ½ Units
Parcels in Group H with Bldg. SF > 30,000 are doubled, based on Average Business Size.
Total: 5 Units
1. Light Manufacturing
2. Food Processing Plant
3. Warehousing
Group I
High Intensity Lighting 1 Unit
Nominal People Use 1 Unit
High Security Benefit 1 U nit
Total: 3 Units
Parcels in Group I with Bldg. SF > 5,000 are doubled, based on Average Business Size.
Total: 6 Units
1. Auto
2. Recreation Equipment
3. Sales-Service
Group J
High Intensity Lighting 1 Unit
Moderate People Use 2 Units
High Security Benefit 1 U nit
Total: 4 Units
Parcels in Group J with Bldg. SF > 40,000 are doubled, based on Average Business Size.
Total: 8 Units
1. Markets
2. Bowling Alleys
3. Skating Rinks
4. Department Stores
5. Hotels and Motels
6. Mobile Home Parks
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
18 Group K
It was determined that properties within the 10 land use categories in this group (which represents less than 1/3 of one (1) percent of the total lots or parcels within the districts) varies widely from the norm and therefore these lots or parcels were considered on an individual basis. Each of the parcels or lots in these land use categories was identified on the official lighting district maps and each public light or portion thereof in the immediate proximity of the lots or parcels benefiting the lots or parcels was assigned a number of units as indicated below. The total number of units so determined for that category would be distributed among the lots or parcels in that category in proportion to the lot or parcel area as shown below. A minimum of 3 units would be assessed to each lot or parcel to be compatible with Group D which contains many of the smaller business categories. Several large lots or parcels in outlying areas are within the immediate proximity and therefore those lots or parcels would be assessed the minimum.
K-1
Moderate Intensity Lighting 1 ¼ Units
Moderate People Use 3 Units
Moderate Security Benefit 1 U nit
Total: 5 ¼ Units
1. Open Storage 0.014973 Units per 100 square feet
2. Mineral Processing 0.005615 Units per 100 square feet K-2
Moderate Intensity Lighting 1 ¼ Units
High People Use 4 Units
Moderate Security Benefit 1 U nit
Total: 6 ¼ Units
1. Colleges, Universities (Private) 0.001736 Units per 100 square feet
2. Wholesale & Manufacturing Outlets 0.059858 Units per 100 square feet
3. Athletic & Amusement Facilities 0.027431 Units per 100 square feet
4. Heavy Manufacturing 0.006382 Units per 100 square feet
5. Hospitals 0.012886 Units per 100 square feet
6. Colleges, Universities (Public) 0.001736 Units per 100 square feet
7. Sports Stadium 0.027431 Units per 100 square feet
8. Amusement Park 0.027431 Units per 100 square feet
9. Airport and General 0.006382 Units per 100 square feet Usage units for Public Housing Facilities will be calculated using the same methodology listed in the County Assessor's report dated May 22, 1979, for all privately -owned parcels including the residential category where a value of one usage unit is assigned to the single -family home or condominium and usage units increase in proportion to the number of family dwelling units on the parcel.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
19 K-3
High Intensity Lighting 1 ½ Units
High People Use 4 Units
Moderate Security Benefit 1 U nit
Total: 6 ½ Units
1. Motion Picture, Radio, T.V. 0.010938 Units per 100 square feet
2. Neighborhood Shopping Centers 0.014449 Units per 100 square feet
3. Regional Shopping Centers 0.021812 Units per 100 square feet
Determining the Cost per Lot or Parcel
Using the aforementioned procedures, the sum of the total number of units applicable to all of the lots or parcels in the City of Lancaster within the District would be determined (Total Units). The estimated cost of operating and maintaining all of the City administered public light ing within that area would be determined and any surpluses or credits due to the existing City administered lighting districts within that area would be subtracted from that cost to determine the net amount to be raised by assessment (Net Assessment). The cost to be assessed per unit (Unit Cost) would be equal to the quotient of the Net Assessment divided by the Total Units. The cost to be assessed to each lot or parcel in the District would be determined by multiplying the number of units assigned to that lot or parcel by the Unit Cost.
Since the benefits have been related to property use and property users, no charge would be assessed on unimproved lots within the district.
“Unimproved” means that street improvements, as defined in the City of Lancaster Municipal Code Article VII Chapter 2, Part A Section 7 -2.3(d), have not been installed for the project and that no building or structure exists on the lot or parcel.
Vacant parcels insid e a tract where the street improvements have been accepted and are being maintained by the City, will be assessed at the developed rate.
Assessment
All assessed lots or parcels of real property within the District are listed on an assessment roll, which is on file in the office of the City Clerk and the City Engineer, and is hereby made a part of this R eport by reference. The assessment roll states the net amount to be assessed upon assessable lands within the District for Fiscal Year 2022-23. These parcels are more particularly described on the County Assessor’s roll, which is on file in the office of the Los Angeles County Assessor and by reference is made a part of this report.
Commencing with Fiscal Year 2004-05, the District property owners approved an increase in assessments and the inclusion of a CPI adjustment are proposed to increase each year, based upon the latest composite percentage change in the Consumer Price Index, All Urban Consumers, for the Los Angeles -Orange- Riverside County Area ("CPI"), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
20 The Engineer shall compute the percentage difference between the CPI for February of each year and the CPI for the previous February, and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year.
Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. All parcels that are located within the Zones mentioned below (*) did not receive voter approval on the increased assessments and CPI , will not receive t he increased assessment or the CPI factor.
The increased assessments for the parcels within the District requiring a vote were heard before the City Council at a public hearing on June 24, 2003. These increased assessments reflect the additional annual total costs of the District improvements as of Fiscal Year 2003-04.
Beginning Fiscal Year 2003 -04 the following zones approved the levy of an additional assessment: 5 through 8, 12, 20, 22 through 26, 28, 29, 31A, 31B, 31C, 31D, 32, 48, 49C, 49D, 50A, 50B, 50C, 50D, 51A, 51C, 52B, 52C, 52D, 53A, 53B, 53C, 53D, 54A, 54B, 54C, 54D, 56, 64, 65D, 66A, 66B, 66C, 66D, 67A, 67B, 67C, 67D, 68A, 68B, 68C, 68D, 69, 70B, 70C, 70D, 71A, 71B, 71C, 71D, 72A, 72B, 72C, 73, 75, 86, 87A, 87B, 87C, 87D, 88A, 88B, 88C, 88D, 89A, 89C, 89D, 90A, 90B, 90C, 90D, 91 through 94, 101 through 102, 104, 105, 107A, 107C, 108B, 108C, 108D, and 109. These zones were assessed at the new rate of $70 per unit and each subsequent year, the maximum assessment rate has been increased by CPI. For Fiscal Year 2022- 23 these zones will be assessed at a rate of $117.15, which includes the February 2022 CPI factor of 7.40%.
Zones which are not approved for the levy of additional assessments are also not approved for the inclusion of the CPI. These Zones will remain at their current assessment rate of $45.00 per lighting unit, with no ability to increase these rates by a CPI.
* Zones 49b, 51b, 51d, 65b, 70a, and 103 did not receive voter approval.
All other parcels currently in the District will be assessed at the full rate of $117.15 per unit for Fiscal Year 2022-23. The County of Los Angeles requires an even assessment amount be submitted to the tax rolls.
The assessment rate of $117.15 is therefore reduced to $117.14 for any parcel with a single lighting unit.
Should actual maintenance costs come in less than the current assessment rate, the City has the option to credit assessments during the next fiscal year, resulting in a lower assessment for property owners.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
21 PART IV – ASSESSMENT DIAGRAM
An Assessment Diagram for the District is shown below. The lines and dimensions shown on maps of the Los Angeles County Assessor, for the current year, are incorporated by reference herein and made a part of this Report.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
22 PART V – ASSESSMENT ROLL
Parcel Identification for each lot or parcel within the District shall be based on available parcel maps and other property data from the Los Angeles County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.
A complete listing of parcels assessed within the District for Fiscal Year 2022-23, is too voluminous to include in the Report but is incorporated herein by reference and is on file with the City Clerk’s Office. 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 numbers will be identified and resubmitted t o the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights -of-way; common areas; sma ll parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions.
These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
23 PART VI – ASSESSMENT ROLL FOR ZONES THAT VOTED “NO”
A list of the parcels in the Zones that voted “No” in 2003 and will continue to be assessed at rate of $45 per lighting unit. The parcels are shown on the following pages.
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
24 APN Assessment APN Assessment APN Assessment
3109019001 $45.00 3138002021 $180.00 3138005012 $112.50 3109023025 $225.00 3138002022 $135.00 3138005013 $45.00 3109023040 $45.00 3138002026 $135.00 3138005014 $78.76
3109023046 $225.00 3138002027 $135.00 3138005015 $45.00 3109023055 $135.00 3138002030 $180.00 3138005016 $45.00 3109023056 $135.00 3138002031 $135.00 3138005017 $78.76 3109023058 $225.00 3138002032 $112.50 3138005018 $45.00 3109023063 $225.00 3138002033 $180.00 3138005019 $45.00 3109023064 $180.00 3138004003 $180.00 3138005022 $180.00 3109023070 $305.90 3138004004 $270.00 3138005023 $112.50 3109023075 $407.88 3138004005 $135.00 3138005024 $78.76 3109024039 $225.00 3138004006 $112.50 3138005025 $112.50 3109024041 $305.90 3138004009 $90.00 3138005026 $45.00
3109024053 $305.90 3138004010 $90.00 3138005027 $112.50 3109024054 $509.86 3138004011 $270.00 3138005028 $45.00 3109024060 $305.90 3138004012 $270.00 3138005029 $78.76 3109025029 $203.94 3138004013 $225.00 3138005030 $78.76 3109025031 $405.00 3138004016 $112.50 3138005031 $112.50 3109025032 $225.00 3138004017 $112.50 3138005032 $78.76 3109025034 $509.86 3138004018 $112.50 3138005033 $45.00 3109025048 $509.86 3138004019 $112.50 3138005034 $45.00 3121034030 $2,499.76 3138004020 $112.50 3138005035 $112.50 3121034032 $180.00 3138004021 $112.50 3138006034 $270.00 3121034037 $422.10 3138004022 $112.50 3138006035 $112.50 3121034043 $407.88 3138004023 $180.00 3138006036 $112.50 3123001062 $1,462.50 3138004024 $270.00 3138006053 $135.00 3123001068 $360.00 3138004025 $112.50 3138007023 $135.00 3123004042 $168.76 3138004026 $270.00 3138007024 $135.00 3123004045 $463.96 3138004027 $78.76 3138007025 $135.00 3123004046 $1,223.64 3138004028 $45.00 3138007026 $90.00 3123004047 $135.00 3138004032 $135.00 3138007051 $225.00 3138001010 $180.00 3138004033 $135.00 3138008003 $45.00 3138001015 $201.16 3138004034 $199.36 3138008004 $45.00 3138001016 $180.00 3138004040 $135.00 3138008011 $45.00 3138001018 $270.00 3138004041 $78.76 3138008012 $78.76
3138001019 $225.00 3138005001 $270.00 3138008013 $78.76 3138001020 $180.00 3138005002 $270.00 3138008018 $112.50 3138001021 $225.00 3138005003 $270.00 3138008021 $78.76 3138001022 $225.00 3138005006 $112.50 3138008022 $213.74 3138001023 $225.00 3138005007 $112.50 3138008023 $191.26 3138001024 $112.50 3138005008 $78.76 3138008024 $45.00
3138002005 $180.00 3138005009 $112.50 3138008025 $45.00 3138002013 $135.00 3138005010 $45.00 3138008028 $45.00
3138002014 $225.00 3138005011 $112.50 3138008031 $45.00 Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
25 APN Assessment APN Assessment APN Assessment
3138008032 $45.00 3138009045 $112.50 3138011053 $178.46 3138008033 $45.00 3138009046 $360.00 3138012026 $112.50 3138008034 $78.76 3138010040 $180.00 3138012043 $225.00 3138008035 $45.00 3138010041 $45.00 3138012047 $45.00
3138008036 $45.00 3138010048 $270.00 3138012048 $45.00
3138008037 $45.00 3138010060 $225.00 3138012054 $45.00
3138008038 $45.00 3138010061 $112.50 3138012070 $225.00 3138008039 $78.76 3138010063 $225.00 3138012071 $135.00 3138008040 $45.00 3138010064 $78.76 3138012076 $225.00
3138008041 $45.00 3138010065 $78.76 3138012077 $450.00
3138008042 $45.00 3138010066 $270.00 3138012079 $225.00 3138008043 $112.50 3138010067 $270.00 3138012080 $45.00 3138008044 $191.26 3138011001 $180.00 3138013001 $45.00 3138009001 $112.50 3138011002 $135.00 3138013002 $45.00 3138009002 $112.50 3138011006 $135.00 3138013003 $45.00 3138009003 $112.50 3138011007 $225.00 3138013004 $45.00 3138009004 $112.50 3138011011 $416.24 3138013005 $78.76 3138009005 $112.50 3138011013 $191.26 3138013006 $78.76 3138009009 $78.76 3138011016 $112.50 3138013007 $78.76
3138009010 $78.76 3138011017 $112.50 3138013009 $45.00
3138009011 $78.76 3138011018 $45.00 3138013010 $45.00
3138009012 $45.00 3138011019 $45.00 3138013011 $45.00
3138009014 $135.00 3138011020 $45.00 3138013012 $45.00
3138009017 $225.00 3138011022 $225.00 3138013013 $45.00 3138009018 $360.00 3138011023 $45.00 3138013014 $45.00
3138009019 $135.00 3138011025 $180.00 3138013015 $45.00 3138009021 $112.50 3138011026 $135.00 3138013016 $78.76 3138009022 $135.00 3138011032 $112.50 3138013017 $78.76 3138009023 $112.50 3138011034 $551.26 3138013018 $45.00 3138009024 $112.50 3138011035 $90.00 3138013019 $45.00
3138009025 $180.00 3138011036 $45.00 3138013020 $45.00
3138009026 $180.00 3138011037 $45.00 3138013021 $78.76
3138009027 $180.00 3138011038 $236.24 3138013022 $236.24 3138009028 $90.00 3138011039 $112.50 3138013023 $78.76
3138009031 $45.00 3138011040 $78.76 3138013024 $45.00
3138009032 $509.86 3138011041 $112.50 3138013025 $78.76 3138009033 $90.00 3138011042 $78.76 3138013026 $78.76
3138009035 $45.00 3138011043 $45.00 3138013027 $45.00
3138009036 $180.00 3138011044 $135.00 3138013031 $45.00 3138009037 $225.00 3138011045 $112.50 3138013033 $112.50 3138009040 $135.00 3138011046 $78.76 3138013034 $78.76
3138009041 $135.00 3138011047 $281.26 3138013036 $112.50 3138009042 $135.00 3138011048 $45.00 3138013037 $78.76
3138009043 $270.00 3138011049 $135.00 3138013038 $45.00 3138009044 $180.00 3138011050 $90.00 3138013039 $78.76
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
26 APN Assessment APN Assessment APN Assessment
3138013040 $45.00 3138016012 $112.50 3138022086 $191.26 3138013041 $45.00 3138016015 $78.76 3138025003 $45.00
3138013043 $78.76 3138016016 $78.76 3138025004 $45.00
3138013044 $45.00 3138016017 $45.00 3138025005 $45.00
3138013045 $78.76 3138016018 $112.50 3138025011 $45.00
3138013046 $78.76 3138016019 $78.76 3138025023 $225.00
3138014023 $135.00 3138016020 $45.00 3138025024 $135.00 3138014024 $90.00 3138016021 $45.00 3138025025 $180.00
3138014030 $90.00 3138016022 $45.00 3138025032 $180.00
3138014034 $90.00 3138016023 $112.50 3138025035 $225.00 3138014036 $90.00 3138016024 $45.00 3138025036 $149.40
3138014041 $112.50 3138016026 $146.26 3138025039 $180.00 3138015002 $45.00 3138016029 $146.26 3138026016 $225.00 3138015003 $45.00 3138016033 $90.00 3138026017 $112.50
3138015004 $78.76 3138016034 $90.00 3138026018 $270.00
3138015005 $78.76 3138016035 $146.26 3138026019 $270.00 3138015006 $78.76 3138018002 $146.26 3138026020 $270.00 3138015007 $45.00 3138018003 $146.26 3138026021 $270.00 3138015008 $78.76 3138018005 $146.26 3138026027 $270.00 3138015009 $45.00 3138018006 $146.26 3138026028 $270.00 3138015010 $45.00 3138018007 $45.00 3138026029 $270.00
3138015011 $45.00 3138018008 $78.76 3138026030 $270.00
3138015013 $45.00 3138018009 $45.00 3138026031 $270.00
3138015014 $78.76 3138018010 $45.00 3138026040 $270.00
3138015015 $112.50 3138018011 $45.00 3138026041 $405.00 3138015017 $146.26 3138018015 $225.00 3138026042 $270.00 3138015018 $112.50 3138018016 $225.00 3138027001 $78.76 3138015019 $112.50 3138018017 $225.00 3138027005 $78.76 3138015026 $78.76 3138018028 $112.50 3138027006 $45.00
3138015027 $45.00 3138018029 $45.00 3138027007 $45.00
3138015028 $78.76 3138018034 $270.00 3138027008 $45.00
3138015029 $78.76 3138018035 $225.00 3138027015 $112.50 3138015030 $78.76 3138018038 $225.00 3138027016 $112.50 3138015031 $78.76 3138018047 $78.76 3138027036 $45.00
3138015033 $45.00 3138018048 $135.00 3138027041 $90.00
3138015034 $45.00 3138018049 $90.00 3138027042 $90.00
3138016001 $146.26 3138019007 $180.00 3138027043 $112.50 3138016002 $45.00 3138019009 $135.00 3138027044 $225.00 3138016003 $45.00 3138019011 $360.00 3138028001 $180.00 3138016006 $45.00 3138019012 $225.00 3138028004 $112.50 3138016007 $45.00 3138019013 $405.00 3138028005 $270.00 3138016008 $45.00 3138019018 $270.00 3138028006 $112.50 3138016009 $45.00 3138020023 $135.00 3138029032 $225.00 3138016010 $112.50 3138020024 $135.00 3138031006 $225.00 3138016011 $112.50 3138021053 $90.00 3138031023 $225.00 Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
27 APN Assessment
3138031041 $135.00
3138031042 $135.00
3138031049 $225.00
3138032049 $270.00
3138032051 $90.00
3138032052 $90.00
3138032060 $135.00
3138032061 $225.00
3138032063 $225.00
3138032068 $225.00
3138032069 $112.50
3138032073 $225.00
3138032074 $270.00
3138032075 $270.00
3138033001 $180.00
3138033002 $78.76
3138033003 $270.00
3138033004 $270.00
3138033021 $135.00
3138033028 $270.00
3138033043 $90.00
3138033045 $90.00
3138033046 $225.00
3138033048 $225.00
3138033049 $225.00
3138034040 $33.76
3138034041 $33.76
3138034042 $33.76
3138034043 $33.76
3142010008 $180.00
3142010038 $180.00
3142010039 $180.00
3142010040 $180.00
3142010041 $33.76
3142010044 $225.00
3142019027 $45.00
3150013037 $180.00
3150013038 $180.00
3153015036 $4,241.26
3153015037 $4,241.26
3153015038 $180.00
3153015039 $180.00
3153015040 $360.00
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
28 APPENDIX A – ASSESSMENT ROLL FOR NEW PARCELS
Appendix A is a list of the new parcels to be charged as of the date this report was prepared. The property owner of these parcels agreed to be annexed into the District and the City Council will conduct a public hearing to memorialize and approve the annexations. The proceedings for annexation will be held and conducted in compliance with Proposition 218. Each property owner has signed an assessment ballot and waiver, agreeing to the annexation, assessment and annual CPI increase associated with the District.
Annexation
No.'s APN(s) Project Location Developer/Owner Calculated EDU's
Estimated
1st Year
Assessment
LLMD
976 Separate List Attached
TR 66842 (GRA 19-
04244) Ave. J-8 & 40th St. West Blanc Blue, LLC 84.000 $8,780.52 980 3138-014-040 DR 19-21 44545 Division Street Antelope Valley Engineering/ Ba 2.000 $36.08 979 3111-002-052
ECR 19-05781 (TPM
82327) 42nd St. West & Ave. N Dennis & Kathleen Pursely 3.00 $313.59 928 Separate List Attached TR 62578 Between 40th W. & 42nd W., north of A Civil Design and Drafting, Inc. 60.000 $6,482.40 982 3386-007-035 CUP 18-05 43511 70Th St. E COACHELLA GREEN LLC 5.000 $545.40 981 3121-034-042
DR 21-13 (PMT21-
01985) 2028 W Avenue I WAYY BRIAN CO TR ARFA GROU 4.000 $432.16 983 3112-049-058 PMT 21-04045 2225 Westfield Ct. MCWHORTER PATRICK M ET AL 1.000 $109.08 986 3111-021-013 PMT 21-06056 4107 Royal Circle TERNUS HOMES LLC 1.000 $109.08 22-05 3126-016-028 SPR 20-06 42254 8th ST. E. GEVORGYAN ZHAKLIN R D 5.000 $545.40 985 3109-025-051 SPR 21-05 10th St. W. & Ave. L-8 (north side) Duke Engineering 5.000 $432.16 225 Separate List Attached TR 44439 Mohave Rose Dr., Jenny Ln. & Kristina C ITEC FINANCIAL INC 23.000 $2,508.84 584 3153-020-039 TR 60430 N. of Ave. K & E. of 37th St. W. RAVELLO HOLDINGS INC 82.000 $8,944.56 934, 984 Separate List Attached TR 60885 60th W & 290 ft south of Ave. J-8 RICHMOND AMERICAN HOME O 36.000 $3,926.88 685 Separate List Attached TR 61118 N. of Ave J & W. of 62nd W. KB Home Greater Los Angeles 68.000 $7,417.44 987 Separate List Attached TR 61248 Ave. J (south side), between 32nd & 35t KB Home Greater Los Angeles 157.000 $17,125.56 729, 769,
770, 944 Separate List Attached TR 61535 SE corner of Ave., J & 45th St. W. D R HORTON VEN INC 228.000 $24,870.24 666, 926 3109-011-045 TR 61733 NE corner of 27th W. & Ave. L-4 ICON PROPERTIES INC 18.000 $1,963.44 789 Separate List Attached TR 61989 SW corner of Ave L and 67th W. VISTA EQUITY LP 52.000 $5,672.16
LANCASTER LIGHTING MAINTENANCE DISTRICT
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
29 APN LIST – LLMD ANNEXATIONS
Annexation No.'s: 976 Annexation No.'s: 225
Project: GRA 19-04244 (TR 66842) Project: TR 44439
APN(s): 3153-021-032 APN(s): 3204-019-138
3153-021-033 3204-019-139
3153-021-034 3204-026-043
3153-021-035 3204-026-044
3153-021-036 3204-026-045
3153-021-038 3204-026-046
3153-046-065 3204-026-047
3204-026-048
Annexation No.'s: 928 3204-026-049
Project: TR 62578 3204-026-050
APN(s): 3153-103-030 3204-026-051
3153-103-031 3204-026-052
3153-103-032 3204-026-053
3153-103-033 3204-026-054
3153-103-034 3204-026-055
3153-103-035 3204-026-056
3153-103-036 3204-026-057
3153-103-037 3204-026-058
3153-103-038 3204-026-059
3153-103-039 3204-026-060
3153-103-040 3204-026-061
3153-103-041 3204-026-062
3153-103-042 3204-026-063
3153-103-043
3153-103-044 Annexation No.'s: 984
3153-103-045 Project: TR 60885
3153-103-046 APN(s): 3203-018-059
3153-103-047 3203-018-060
3153-103-048
3153-103-049 Annexation No.'s: 685
3153-103-050 Project: TR 61118
3153-103-051 APN(s): 3203-008-045
3153-103-052 3203-008-046
3153-103-053 3203-008-047
3153-103-054
3153-103-055
3153-103-056
3153-103-057
3153-103-058
3153-103-059 Annexation No.'s: 987
Engineer’s Report
Lancaster Lighting Maintenance District
City of Lancaster
Fiscal Year 2022-23
30 3153-103-060 Project: TR 61248
3153-103-061 APN(s): 3150-013-032
3153-103-062 3150-013-039
3153-103-063
3153-103-064
3153-103-065 Annexation No.'s: 729, 769, 770, 944
3153-103-066 Project: TR 61535
3153-103-067 APN(s): 3153-024-003
3153-103-068 3153-024-035
3153-103-069 3153-024-036
3153-103-070 3153-024-040
3153-103-071 3153-024-046
3153-103-072 3153-024-050
3153-103-073 3153-024-051
3153-103-074
3153-103-075 Annexation No.'s: 789
3153-103-076 Project: TR 61989
3153-103-077 APN(s): 3204-004-026
3153-103-078 3204-004-045
3153-103-079
3153-103-080 Annexation No.'s: 22-07
3153-103-081 Project: SPR 20-05
3153-103-082 APN(s): 3109-024-049
3153-103-083 3109-024-052
3153-103-084
3153-103-085
3153-103-086
3153-103-087
3153-103-088
3153-103-089
STAFF REPORT
City of Lancaster
PH 3
6/28/2022
JC
Date: June 28, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Nicole Jones, Analyst – Public Works
Subject: Lancaster Drainage Benefit Assessment District Levy of Annual Assessment for Fiscal Year 2022-2023
Recommendation:
Adopt Resolution No. 22-37, confirming the diagram and assessments, and ordering the levy of an assessment in the Lancaster Drainage Benefit Assessment District for Fiscal Year 2022-2023.
Fiscal Impact:
Each parcel annexed prior to Fiscal Year 2005-2006 will be assessed $50.00. The proposed assessment is the same as the previous year’s assessment. Each benefit unit annexed beginning Fiscal Year 2005-2006 will be assessed at $80.27 (rounded). The proposed assessment includes the CPI adjustment. A total of $2,127,107.22 will be assessed against the benefiting properties, and will be used for maintenance expenses.
Background:
The City Council previously formed the Lancaster Drainage Benefit Assessment District, including establishment of separate zones, and submitted the proposition to the eligible voters in each respective zone. The majority of voters approved the formation of the District, the separate zones, and the levying of the assessment. The first year's assessment was paid by the developers of the property. Each year thereafter, the City Council, after public notice and hearing, may determine and impose an annual assessment. Due to the cost and complexity of accounting for separate zones of benefit within the District, separate zone designations were eliminated in 1992 per Resolution 92-134, by City Council action.
The drainage improvements in the District have been completed and accepted by the City Council, and will be maintained with funds generated by the Drainage Benefit Assessment District. Each lot or parcel within the District that was annexed prior to Fiscal Year 2005-2006, as indicated on the diagram, will be assessed a unit assessment of $50.00 per equivalent drainage unit (EDU) for Fiscal Year 2022-2023.
9 5
1 The unit assessment for Fiscal Year 2022-2023 is the same as Fiscal Year 2004-2005, except for those parcels that were annexed during Fiscal Year 2005-2006 or subsequent fiscal years, which will be assessed at a rate reflective of the February index increase consistent with the consumer price index for Los Angeles-Riverside-Orange Counties. Last year’s rate was $74.74. For Fiscal Year 2022-2023, the rate of assessment will be $80.27 (rounded) per assessment unit, including the established CPI adjustment of 7.40% ($74.74 + ($74.74 x 0.0740) = $80.27 (rounded).
The method of assessment is based on proportionate storm water runoff, thereby assessing developments with more impervious area a proportionately larger share of the total assessed costs. Refer to the attached Engineer's Report and Assessment for details.
NJ/jr
Attachments:
Resolution No. 22-37
Final Engineer’s Report and District Fund Accounting for Lancaster Drainage Maintenance District
RESOLUTION NO. 22-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, CONFIRMING THE DIAGRAM
AND ASSESSMENT, AND ORDERING THE LEVYING OF AN
ASSESSMENT IN LANCASTER DRAINAGE BENEFIT
ASSESSMENT DISTRICT FOR FISCAL YEAR 2022-2023
WHEREAS, the City Council on June 14, 2022, adopted a Resolution of Intention to order the levying of an assessment in Lancaster Drainage Benefit Assessment District (hereinafter referred to as the "District") for the purpose of providing funds for the provision of drainage maintenance services located therein, pursuant to the provisions of the Benefit Assessment Act of 1982, of the Government Code of the State of California; and WHEREAS, the assessment engineer has prepared and filed an Engineer's Report with the City Clerk as required by law; and
WHEREAS, the City Council did proceed to cause notice to be published in the manner required by law, of the time and place for a Public Hearing on the levying of the proposed assessment; and
WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of an assessment.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, STATE OF CALIFORNIA, THAT:
Section 1. The City Council of the City of Lancaster hereby finds that the public interest and convenience requires the continued maintenance of the drainage improvements in the Lancaster Drainage Benefit Assessment District.
Section 2. The District diagrams and assessments as set forth in said Report, or as modified, are hereby approved, confirmed, and adopted by the City Council.
Section 3. The adoption of this Resolution constitutes the levy of an assessment of $50.00 per equivalent dwelling unit (EDU) for the fiscal year commencing July 1, 2022, and ending June 30, 2023, for the properties annexed prior to Fiscal Year 2005-2006, and assessment of $80.27 (rounded) per EDU for properties annexed beginning fiscal year 2005-2006.
Section 4. The amounts to be assessed for the expenses of the maintenance and service as described in said Report and Resolution of Intention shall be collected at the same time and in the same manner as County taxes are collected, and shall be disbursed and expended for maintenance, operation and service of the District, all as described in the Engineer’s Report and in Section 4 of the Resolution of Intention.
Section 5. The City Clerk is hereby ordered and directed to file a certified copy of this Resolution, upon its adoption, with the County Auditor.
Resolution No. 22-37
2 5
1 3
PASSED, APPROVED, and ADOPTED this 28th day of June 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, ________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 22-37, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _____ day of ________, 2022.
(seal)
_____________________________
CITY OF
LANCASTER
FINAL ANNUAL LEVY REPORT
FISCAL YEAR 2022-23
LANCASTER DRAINAGE BENEFIT
ASSESSMENT DISTRICT
June 2022
Prepared by
Harris & Associates
22 Executive Park, Suite 200
Irvine, CA 92614
www.weareharris.com
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
ANNUAL LEVY REPORT FOR
FISCAL YEAR 2022-23
LANCASTER DRAINAGE BENEFIT ASSESSMENT DISTRICT
City of Lancaster
State of California
I HEREBY CERTIFY THAT THE ENCLOSED ENGINEER’S REPORT, TOGETHER WITH ASSESSMENT ROLL THERETO ATTACHED, WAS APPROVED AND CONFIRMED BY THE CITY COUNCIL OF THE CITY 2OF LANCASTER, CALIFORNIA, AND FILED WITH ME ON THE _____ DAY OF ____________, 2022.
_________________________________
ANDREA ALEXANDER, CITY CLERK
CITY OF LANCASTER
LOS ANGELES COUNTY, CALIFORNIA
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
TABLE OF CONTENTS
Table of Contents
Introduction 1
Impacts of Proposition 218 2
Statement of Assessment Engineer 3
Part I – Plans and Specifications 5
Part II – Cost Estimate 6
Part III – Method of Apportionment 8
Part IV – Assessment Diagram 12
Part V – Assessment Roll 14
Appendices:
Appendix A – Assessment Roll
Appendix B – Determination of Equivalent Drainage Units by Project
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
1 INTRODUCTION
Purpose
Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4, Part 1, Division 2 of the Government Code (the “19 82 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIII D (the “California Constitution”) , the City Council of the City of Lancaster (the “City”) adopted a Resolution Initiating Proceedings for the Levy and Collection of Annual Assessments within th e Lancaster Drainage Benefit Assessment District (the “District”) for Fiscal Year 2022-2023. Said Resolution called for the preparation and filing of an annual report (“Report”) pursuant 1982 Act, presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained , an estimate of the costs to maintain said improvements within the District, a Diagram of the boundaries of the District and the Assessment Roll.
The word “parcel”, for purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Los Angeles County Assessor’s Office. The Los Angeles County Auditor/Controller uses APN and specific fund numbers to identify p arcels to be assessed on the tax roll for special benefit assessments.
This Report consists of five sections and identifies the following items:
• Plans and Specifications. The location of the District and the specific improvements to be maintained.
• Cost Estimate. The District costs and proposed assessments to be levied for 2022-2023 • Method of Apportionment. How the District costs are allocated and apportioned to the assessable parcels based upon the benefit received.
• Assessment Diagram. A Diagram showing the District boundaries. • Assessment Roll. A listing of parcels to be assessed by APN and corresponding as sessment amounts.
Overview
The City Council previously formed the Lancaster Drainage Benefit Assessment District with the goal of protecting properties from flooding through the continued maintenance, operation, and servicing of the drainage improvements within the District. Subsequent to the original formation, each parcel currently assessed has been annexed into the District. Upon annexation, the first year's assessment is paid by the developer of the parcels that were annexed.
Ordinance No. 739 Compliance
In compliance with Ordinance No. 739, all parcels used exclusively for religious or charitable purposes have been exempted from the payment of Lancaster Drainage Benefit Assessment District assessments.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
2 IMPACTS OF PROPOSITION 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts.
Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1) Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2) Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment unless the increase in assessment was anticipated in the assessment formula (e.g., CPI increase).
Following the passage of Proposition 218 , based on conversations with other public agency officials, attorneys, assessment engineers and Senate Bill 919, the City determined that if assessments were imposed as a condition of development and property owners agreed to the imposition of assessments and subsequently signed a development agreement confirming so, then this would suffice for the requirement of signing a petition.
The more difficult question arose in those situations where the levy of assessments was imposed as a condition of approval for land development or subdivision where the property owner did not enter into a development agreement. In those cases, if the improvements and the resulting assessment were a condition of the land development or subdivisions approval and the property owner acquiesces to the levy of assessment, it is reasoned that this was a functional equivalent of giving express consent or signing a petition requesting the imposition of the assessment. Even the Howard Jarvis Taxpayers' Association seems to tacitly support this conclusion in its "Statement of Drafters' Intent". When discuss ing the exemption for existing assessments imposed pursuant to a petition, the taxpayers' association said:
"This provision exempts most land secured financing arrangements used by developers." Clearly acceptance of a condition of approval of a development or subdivision which requires that imposition of assessments is a common form of land secured financing used by developers.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
3 ANNUAL LEVY REPORT
AGENCY: CITY OF LANCASTER
PROJECT: LANCASTER DRAINAGE BENEFIT ASSESSMENT DISTRICT TO: CITY COUNCIL
CITY OF LANCASTER, STATE OF CALIFORNIA
ANNUAL LEVY REPORT FOR FISCAL YEAR 2022-23
The preparation of this Report is in conformance with the obligation of the City Council of the City of Lancaster for the District to provide maintenance, operation, and servicing of the drainage improvements within the District and assess each lot or parcel of land in the District the costs and expenses of the District in proportion to the estimated benefits to be received by each such lot or parcel of land for Fiscal Year 2022–23. Services will be provided through June 30, 2023.
Pursuant to the 1982 Act , Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of Lancaster ’s Resolution being adopted by the City Council of the City of Lancaster on the 14th day of June, 2022, this Report has been ordered for:
LANCASTER DRAINAGE BENEFIT ASSESSMENT DISTRICT
The report consists of the following five (5) parts and Appendices:
PART I
Plans and Specifications : Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk and are incorporated herein by reference.
PART II
Cost Estimate: An estimate of the costs of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file i n the Office of the City Clerk and incorporated herein by reference.
PART III
Method of Apportionment: The method of apportionment indicates the proposed levy of the net amount of the costs and expenses of the improvements to be levied upon the parcels of land within the District, in proportion to the estimated benefits to be received by such parcels as approved by the City Council at the time the District was established In conclusion in proportion to the estimated benefits to be received by each lot or parcel from the services provided.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
4 PART IV
Assessment Diagram: The diagram of the District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for the fiscal year to which this Report applies. Part IV of this Report provides the Lancaster Drainage Benefit Assessment District Diagram.
PART V
Assessment Roll: An assessment of the estim ated cost of the improvements on each benefited lot or parcel of land within the District. The proposed Assessment Roll using Fiscal Year 2022 -23 assessment rates are included in this Report as Part V.
Harris and Associates is performing the administrative function of preparing this Report and submitting the assessment amounts to Los Angeles County for the 2022-23 tax year, based on previous City Council approvals.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
5 PART I – PLANS AND SPECIFICATIONS
Description of the District and Boundaries
The District was formed for the purpose of ensuring the ongoing maintenance, operation and servicing of certain drainage improvements within the boundaries of the District. Said improvements are detailed below under “Improvements and Services Provided”.
The parcels in the District are located throughout the City of Lancaster.
Improvements and Services Provided
The improvements for the District be generally described as follows:
Drainage improvements including catch basins, pipes, retention/det ention basins, channels, parkway drains, spillways, streets and gutters, etc., currently in the Lancaster Drainage Benefit Assessment District boundaries will be cleaned, cleared, de-weeded, pumped, repaired, improved or replaced on an as needed basis by City staff or contracted labor and equipment as needed. Costs for tracking of assessments and new developments added to the District, administration and overhead expenses in support of the District, and an operating reserve are also included.
Plans and specifications for the improvements for the District are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The plans and specifications are on file in the office of the City Clerk and the City Engineer where they are available for public inspection.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
6 PART II – COST ESTIMATE
Cost Estimate
The District costs for maintenance and incidentals for Fiscal Year 2022-23 include: contract labor services, registration, travel/per diem, publication and dues, vehicle operations, legal advertising, professional services, maintenance services, grounds maintenance, soil stabilization and weed control, drainage channel maintenan ce, street related materials, tool and equipment rental, electricity, capital outlay (equipment and machinery), transfer/city administration costs which includes salaries, benefits, equipment and overhead. The estimated budget for Fiscal Year 2022-23 is provided on the following page.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
7 District Fund Accounting
DISTRICT FUND ACCOUNTING EXPENSES REVENUES BALANCE
Fund Balance as of July 1, 2021 $1,860,820
FY 2021-22 Projected Revenues
Assessments from Properties $1,620,000
Interest, Developers Fees for New Annexations $75,000
Total Revenue FY 2021-22 $1,695,000
FY 2021-22 Projected Expenditures
Operating Expenditures $2,616,457
Capital Encumbrances $0
Transfers Out $43,390
Total Expenditures FY 2021-22 $2,659,847
Projected Fund Balance as of July 1, 2022 $895,973
FY 2022-23 Estimated Revenues
Assessments from Properties $1,620,000
Interest, Developers Fees for New Annexations $30,000
Total Revenue FY 2022-23 $1,650,000
FY 2022-23 Budgeted Expenses
Operating Expenses $2,267,396
Capital Improvements $230,000
Transfers Out $211,180
Total Expenditures FY 2022-23 $2,708,576
Operating Reserve $226,740
Projected Unreserved Fund Balance as of July 1, 2023 ($389,343) 2022-23 Total EDU's to be Assessed @ $50.00 23,636.65
2022-23 Total EDU's to be Assessed @ $80.27 11,776.19
2022-23 Total EDU's to be Assessed 35,412.84
2022-23 Estimated Assessment Revenue $2,127,107.22
2022-23 Total Parcels to be Assessed 18,462
Previous Year Assessed Parcels
2021-22 Total EDU's Assessed @ $50.00 23,632.30
2021-22 Total EDU's Assessed @ $74.74 11,143.85
2021-22 Total EDU's Assessed 34,776.15
2021-22 Total Drainage Parcels Assessed 18,323
2021-22 Total Assessment Revenue $2,014,506.35
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
8 PART III – METHOD OF APPORTIONMENT
General
The method of apportionment described in this Report, and confirmed by the City Council at the time the District was formed, utilizes commonly accepted engineering practices which have been established pursuant to the 1982 Act and the California Constitution for the allocation of special benefit assessments.
The calculation of assessments is based upon the parcel type and the services and improvements provided to equitably apportion the costs based on the special benefit received by each parcel. The special benefit received by each parcel is over and above any general benefit conferred upon said parcels or to the public at large.
The Law requires that the annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service. Also, the revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.
District assessments are collected for the operation and maintenance of drainage improvements benefiting the parcels being assessed. Where improvements also serve parcels not being assessed, operation and maintenance costs are paid on a prorate basis. As stated above, any drainage improvements or services that are currently provided to parcels outside the District cannot be funded with assessment revenue. As a result, the City funds those improvements and services with sources other than the assessments.
The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel, which will be derived from the provision of the service.
Special Benefit
The improvements and associated costs have been allocated to the assessable lots or parcels within the District based upon the special benefit received by those parcels. The improvements for which the parcels are assessed have been identified as necessary, were installed and are being maintai ned as part of the development plans specifically for each parcel. As such, the improvements and continuing maintenance and servicing of those improvements are strictly the obligation of the parcels within the District.
General Benefit
Although the improv ements may provide some incidental drainage control for non-assessed parcels or parcels outside the District , the improvements were designed and installed as a requirement of the development of each annexed parcel and function for the sole benefit of the annexed parcels within the District. It has been determined therefore, the costs of operating, maintaining and servicing said improvements therefore provides no measurable benefit to those non-assessed parcels or parcels outside the District.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
9 Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable parcel receives distinct and special benefit from the improvements and services provided, including the operation and maintenance of the drainage facilities in the District . In accordance with Article XIII D, Section 4 of the California Constitution:
“
Special benefit means a particular and distinct benefit over and above general benefits conferred on real
property located in the District or the public at large.
Basis of Special Benefit Proportioning
The special benefit to parcels in the District is derived from the reduction of storm and nuisance waters in, through and around the parcels in the District. The drainage facilities installed by developers for a given project are specifically for the benefit of the parcels in the project. The se facilities collect storm and nuisance waters and control the discharge to the street or other drainage facilities.
Collecting and controlling the discharge helps reduce the otherwise hazardous driving conditions, and public nuisance associated with flooding. The cleaning, maintaining, servicing or improving of the facilities whether they are catch basins or other inlets or outlets, pipes, boxes, gutters, channels, pumps or retention/detention basins, provide an ongoing special benefit to the parcels in the area by allowing the facilities to be able to function as intended and to protect public and private parcels from flood damage.
All parcels which have developed in some form will create runoff from their parcels in some amount (run- off factor), such as when a parcel is graded or street improvements or other pavement is installed, and are therefore required to be annexed into the District.
The runoff that collects in the streets is directed to the catch basins, storm drains, channels and basins, carries with it debris, dirt, leaves, etc., which clog or fill the drainage facilities causing them to function at a reduced level, or not at all. When functioning at a reduced level, the driving hazards, public nuisance, and localized flooding damage mentioned above may occur.
Along with the cost of maintenance, the cost of improvements made in the District, such as installation of pumps, fences or walls, storm drains or replacement of facilities, are included in the assessment of the parcels in the District.
All parcels within the District benefit from the service s provided. The assessment imposed is proportionate to the benefit derived.
Within the District, the parcels vary in zoning and development from single family to multi -family, commercial and industrial developments. Each type of development has a different run-off factor.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
10 It is proposed to levy the assessment on the basis of proportionate storm water run-off from each parcel.
The basic assessment unit is the run-off from the average single family residential parcel.
The average single family residential parcel is assigned one drainage unit. All other parcel use types have a calculated equivalent drainage unit (EDU) which is a factor of the amount of run -off from that parcel type compared to the average residential parcel. The non-single family residential EDU is expressed as a factor per acre.
Run-Off Factor
The calculation to determine the EDU is made up of several components. The first component is the run- off factor of that par cel’s use type. The run -off factor is the percentage of rain falling on a parcel that is expected to run off the parcel rather than be absorbed in the ground. It is expressed as a decimal. Land used for landscaping or agriculture have low run -off factors because most of the water soaks in rather than leaving the parcel in run-off. Land which has been improved by adding roofs and paving has a higher run-off factor.
The run-off factor of an average single family residential parcel is considered to be 0.23 meaning that 23% of the rain that falls on the parcel is expected to leave the parcel in run -off. Other types of parcel use have a higher expected run-off, for example a commercial development has a .70 run-off factor. Assumed run-off factors for parcel use types within the District are listed in Table 1.
Run-Off Magnitude
The next component is the magnitude of the parcel’s run -off compared to the single family use. This is determined by dividing the run-off factor of the other parcel use by the run-off factor of the single family use. The run-off magnitude component will vary depending on the type of parcel use.
Per Acre Equivalent
The next component in the EDU calculation is the per acre equivalent. The average single family parcel has an area of 9,600 sq uare feet (0.22 acres). All other parcel use type EDUs are calculated using acres.
To calculate the per acre equivalent, divide one acre by the average single family parcel size in acres (1/0.22=4.55). In other words, one acre can contain 4.55 average sized single family residential parcels.
EDU Determination
Finally, to calculate the EDU for any parcel use other than single family residential, multiply the above determined Run-Off Magnitude by the Per Acre Equivalent. These calculations are shown in Table 1.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
11 TABLE 1
NOTE: The area used in the calculations is the gross area, less any area in the street right -of-way or drainage easement. There may be development that due to the layout fit into one zoning category better than another and such EDUs will be determined by the Capital Program Manager.
Vacant developed residential, commercial and industrial property , based on the zoning, is considered 1 EDU for assessment purposes. Vacant developed means there are no onsite improvements; however , there are public improvements (such as streets) which have been accepted by the City . Once on-site development occurs, the property will be assessed at the rate for developed commercial or industrial property based on 13.8 EDU per acre.
Annual Assessment
The assessment for each assessable parcel is calculated as the product of the parcel’s total EDUs and the current year assessment rate per EDU.
Annual Assessment = Assessment Rate per EDU x Parcel’s Total EDUs
Assessment Rate and Consumer Price Index Adjustment
Parcels annexed prior to Fiscal Year 2005 -06 are assessed $50 per EDU. Parcels which were annexed beginning in Fiscal Year 2005 -06 through April 1 st of this current fiscal year will be assessed $74.74 per EDU for Fiscal Year 2022-23.
The assessment rate for parcels annexed beginning in Fiscal Year 2005-06 through April 1st of the current Fiscal Year includes a cost of living adjustment factor for increasing assessments each fiscal year, to offset increases in costs due to inflation, by the cumulative percentage increase in the Consumer Price Index for all Urban Consumers for (“CPI -U”) for the Los Angeles -Long Beach -Anaheim California Standard Metropolitan Statistical Area (“Index”) published by the Bur eau of Labor Statistics of the United States Department of Labor. The annual CPI -U adjustment will be based on the cumulative increase, if any, in the Index as it stands in February of each year over the base Index year of 2005.
Parcel Type of Use Run-Off Factor Run-Off Magnatude Per Acre Equivilent EDU Determination Run-Off Mag. X Per Acre Equiv. EDU
Residential 0.23 N/A N/A N/A 1
Apartment Units (up to 4) 0.45 .45/.23 = 1.95 1/.22=4.55 1.95 X 4.55 = 8.9 8.9 per acre Greater than 4 apartment units
rooming houses/mobile home
parks, schools, and other campus
type development
0.53 .53/.23=2.30 1/.22=4.55 2.30 X 4.55 = 10.5 10.5 per acre Commercial/Industrial 0.7 .70/.23=3.04 1/.22=4.55 3.04 X 4.55 = 13.8 13.8 per acre Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
12 PART IV – ASSESSMENT DIAGRAM
The Assessment Diagram shows the exterior boundaries of the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Los Angeles County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The full-scale Assessment Diagram is filed under separate cover with the City Clerk. A reduced copy thereof is filed herewith and made a part hereof and located on the following page.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
13 Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
14 PART V – ASSESSMENT ROLL
The list of new parcels to be assessed in Fiscal Year 2022-2023 is located in Appendix A. The list of the remainder of the parcels in the District and their assessment amounts in Fiscal Year 2022-2023 is too voluminous to include with this Report but is incorporated herein by reference and is available for inspection in the office of the City Clerk.
Parcel Identification for each parcel within the District shall be based on available parcel maps and other property data from the Los Angeles County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.
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 numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights -of-way; common areas; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions.
These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment. Additionally, all parcels used exclusively for religious or charitable purposes have been exempted from the assessment of Drainage Maintenance Assessments.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
15 APPENDIX A – ASSESSMENT ROLL
The list of new parcels to be assessed in Fiscal Year 2022-2023 is located on the fo llowing pages. The property owner of these parcels agreed to be annexed into the District and the City Council will conduct a public hearing to memorialize and approve the annexations. The proceedings for annexation will be held and conducted in compliance with Proposition 218. Each property owner has signed an assessment ballot and waiver, agreeing to the annexation, assessment and annual CPI increase associated with the District.
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
16 TR NO/PROJECT NO. LOT APN AIN UNIT(s) ASSESSMENT
TR 39910 3102029054 thru
057
3102029054 thru
057 4.00 $321.04
TR 62578 3153103030 thru
089
3153103030 thru
089 60.00 $4,815.60
CUP No. 1725 /
(GRA2006746) 3
3135027007,
3135027025,
3135027027
3135027007,
3135027025,
3135027027
9.02 $724.04
SPR 2004 2 3121034006,
3121036069
3121034006,
3121036069 127.92 $10,268.14
TR 44439
3204019138,
3204019139,
3204026043 thru
3024026063
3204019138,
3204019139,
3204026043 thru
3024026063
23.00 $1,845.98
TR 60885 3203018059 thru
060
3203018059 thru
060 36.00 $2,889.36
TR 61118 3203008045 thru
047
3203008045 thru
047 68.00 $5,457.68
TR 61248 3150013032,
3150013039
3150013032,
3150013039 157.00 $12,600.82
TR 61535
3153024003,
3153024035,
3153024036,
3153024040,
3153024046,
3153024050,
3153024051
3153024003,
3153024035,
3153024036,
3153024040,
3153024046,
3153024050,
3153024051
228.00 $18,299.28
TR 619892 3204004026,
3204004045
3204004026,
3204004045 52.00 $4,173.52
SPR 20-05 2 3109024049,
3109024052
3109024049,
3109024052 63.89 $5,128.45
Certificate of Occupancy
3176033010 thru
3176033013,
3176033023 thru
3176033026,
3153103076 thru
3153103080
3176033010 thru
3176033013,
3176033023 thru
3176033026,
3153103076 thru
3153103080
13.00 $1,043.38
SPR 2112 / GRA 2107028 2 3123009038 thru
3123009039
3123009038 thru
3123009039 126.55 $10,158.17
Total 968.38 $77,725.45
2022-2023 DMD NEW PROJECT ASSESSMENT LIST
Annual Levy Report
Lancaster Drainage Benefit Assessment District
City of Lancaster
Fiscal Year 2022-23
17 APPENDIX B – DETERMINATION OF EQUIVALENT DRAINAGE
UNITS BY PROJECT
Determination of Equivalent Drainage Units (EDU’s) By Project is located on the following pages.
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs 1 Area only indicated for Non-SFR parcels
TR 43305 (89-16) 57 R-7000 1 57
TR 50500 (91-03) 56 R-10,000 1 56
TR 50101 (91-18) 66 R-7000 1 66
TR 49864-02(92-10) 163 R-7000 1 163
PM 20314 (89-4) 9 26 AC C 13.8 358.8
PM 24141 (95-06) 46.725 AC MHP 10.5 490.61
SPR 93-03 (94-17) 1 11.1 AC C 13.8 153.18
TR 37538 (89-3) 61 A-2-2 0.5 30.5
TR 44834 (87-5) 64 R-7000 1 64
TR 34000 (4) 37 R-7000 1 37
PM 15095 (85-1) 39 52.88 AC CPD 13.8 729.74
PM 17118 (87-3) 17 19.85 ACM-1 1/2 (developed 13.8 273.93 PM 17118 (87-3) 7 M-1 1/2 (undev) 1 7
TR 44132 (85-4) 4 22.63 AC MDR 10.5 237.62
TR 43383 (89-2) 2 17.16 AC HDR-2 10.5 180.2
TR 43627 (85-4) 2 15.78 AC HDR/MDR 10.5 165.7
TR 25750 (1ABC) 20 R-7000 1 20
TR 39083 (1ABC) 35 R-7000 1 35
TR 43081 (5) 24 R-7000 1 24
TR 42942 (5) 41 R-7000 1 41
TR 44540 (87-1) 61 R-7000 1 61
TR 43000 (86-1) 1 5.25 AC MDR 10.5 55.13
TR 43050 (3) 100 R-6000 1 100
TR 33824 (86-2) 92 R-7000 1 92
TR 47255 (89-7) 14 R-7000 1 14
TR 46156 (91-09) 7 R-6000 1 7
TR 32212 (3) 52 R-6000 1 52
TR 32217 (3) 73 R-6000 1 73
TR 42125 (3) 146 R-6000 1 146
TR 45874 (90-25) 51 R-6000 1 51
TR 46790 (89-11) 127 R-7000 1 127
TR 47133 (90-5) 75 R-7000 1 75
TR 31354 (89-1) 47 R-7000 1 47
TR 48978 (91-11) 5 29.96 AC MPD(developed) 13.8 413.45
TR 48978 (91-11) 18 MPD(undev) 1 18
TR 40308 (89-5) 115 R-7000 1 115
TR 44447 (DBA1) 5 R-7000 1 5
CUP 91-08 (92-03) 1 1.14 AC C 13.8 15.73
PMT 92-721 (92-04) 1 .56 AC C 13.8 7.73
No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT TR 35304 (DBA1) 23 R-7000 1 23
TR 31824 (DBA1) 9 R-7000 1 9
TR 40526 (DBA1) 30 R-7000 1 30
TR 40527 (DBA1) 6 R-7000 1 6
TR 43504 (DBA1) 47 R-7000 1 47
TR 47202 (DBA1) 47 R-7000 1 47
TR 44863 (DBA1) 37 R-7000 1 37
TR 44905 (89-9) 28 R-7000 1 28
PM 22651 (92-02) 8 9.84 AC CPD 13.8 135.79
TR 47394 (91-17) 8 SRR 0.5 4
TR 43327 (86-2) 58 R-6000 1 58
TR 45318 (96-01) 76 R-6000 1 76
TR 44820 (96-01) 108 R-7000 1 108
TR 26897 (93-11) 1 2.88 AC C 13.8 39.74
TR 27187 (87-2) 52 R-6000 1 52
TR 27349 (87-2) 52 R-6000 1 52
TR 47052 (87-2) 62 R-6000 1 62
TR 46088/PM 19553 (2) 65.75 AC CPD 13.8 907.35
TR 46973 (89-15) 42 R-7000 1 42
TR 50099 (91-10) 60 R-7000 1 60
TR 50100 (91-19) 49 R-7000 1 49
TR 46155 (90-1) 46 R-7000 1 46
CUP 91-17 (92-13) 1 0.23 AC RR-1 13.8 3.17
CUP 93-01 (93-18) 1 1.08 AC H-I 13.8 14.9
PM 23359 (93-07) 2 1.64 AC CPD 13.8 22.63
TR 47171 (90-7) 41 R-7000 1 41
TR 49864-03 (92-11) 134 R-7000 1 134
CUP 89-44 (94-02) 1 1.06 AC CPD 13.8 14.63
TR 46899 (89-12) 43 R-6000 1 43
TR 50498 (91-01) 50 SRR-VM 1 50
TR 50499 (91-02) 55 SRR-VM 1 55
CUP 93-04 (93-16) 1 1.3 AC CPD 13.8 17.94
TR 47881 (89-12) 43 R-6000 1 43
SPR 94-01 (2) 2 23.88 AC C 13.8 329.54
TR 50098 (90-26) 76 R-7000 1 76
TR 50117 (93-05) 1 2.26 AC MDR-1 10.5 23.73
PM 22774 (93-04) 1 RR-1 0.5 0.5
CUP 94-04 (94-18) 1 2.24 AC C 13.8 33.4
PMT 94-2111 (94-16) 1 0.24 AC C 13.8 3.31
SPR 94-04 (95-19) 1.04 AC C 13.8 14.35
TR 49864-01 (91-12) 43 R-7000 1 43
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT TR 44829 (96-02) 93 R-7000 1 93
TR 46090 (89-06) 110 R-6000 1 110
TR 46423 (89-06) 101 R-6000 1 101
TR 46424 (89-06) 103 R-6000 1 103
TR 50103 (91-16) 66 R-7000 1 66
TR 49917 (91-04) 14 SRR VM 1 14
TR 47846 (94-05) 16 R-7000 1 16
TR 47417 (90-9) 49 R-6000 1 49
TR 44812 (89-8) 99 R-7000 1 99
TR 48749 (91-20) 112 R-7000 1 112
TR 46127 (89-8) 86 R-7000 1 86
TR 45033 (92-01) 10 R-15,000 1 10
TR 44914 (94-08) 48 R-7000 1 48
TR 50102 (91-15) 48 R-7000 1 48
TR 45178 (96-12) 97 R-7000 1 97
TR 46969 (89-15) 70 SP 80-01 1 70
TR 46970 (89-15) 67 SP 80-01 1 67
TR 46971 (89-15) 66 SP 80-01 1 66
TR 46972 (89-15) 65 SP 80-01 1 65
TR 31351 (89-01) 50 R-10,000 1 50
TR 27099 (87-02) 58 R-6000 1 58
TR 48076 (90-06) 30 R-10,000 1 30
SPR 94-03 (95-18) 9.63 AC H-I 13.8 132.89
TR 46926 (90-12) 89 R-10,000 1 89
TR 46978 (94-11) 57 UR-SP 1 57
CUP 91-22 (95-03) 9.54 AC HI 13.8 131.65
CUP 95-03 (95-20) 2.21 AC C 13.8 30.5
TR 46612 (92-08) 56 R-7000 1 56
TR 46976 (94-10) 74 R-7000 1 74
TR 46595 (90-02) 60 R-10000 1 60
TR 46977 (89-15) 69 R-7000 1 69
SPR 96-07 (97-17) 1 6.97 C 13.8 96.19
CUP 94-01 (95-17) 1 1.46 C 13.8 20.15
CUP 94-02 (95-16) 2 2.84 C 13.8 39.19
PM 24515 (97-24) 3 1.48 C 13.8 20.42
PMT 94-2358 (95-07) 1 RR-1 1 1
SPR 95-04 (96-13) 1 0.31 C 13.8 4.28
SPR 97-01 (97-22) 1 0.43 C 13.8 5.93
SPR 97-02 (98-01) 1 2.2 C 13.8 30.36
PMT 94-139 (94-06) 1 RR-1 1 1
CUP 94-03 (96-07) 1 0.67 C 13.8 9.25
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PMT 94-1757 (94-09) 1 RR-1 1 1
CUP 95-12 (97-12) 1 2.63 C 13.8 36.29
SPR 96-02 (97-16) 1 1.44 C 13.8 19.87
CUP 96-04 (97-21) 1 9.59 MDR 10.5 100.7
CUP 97-04 (98-06) 2 10.36 C 13.8 142.97
PMT 95-3966 (96-04) 1 RR-1 1 1
CUP 92-11 (96-05) 1 1.08 C 13.8 14.9
PMT 96-752 (96-10) 1 RR-1 1 1
PMT 97-0029 (98-04) 1 1.11 C 13.8 15.32
SPR 97-05 (98-03) 1 37.18 C 13.8 513.08
SPR 96-01 (97-02) 1 0.76 C 13.8 10.49
HI VALLEY (85-03) 1 8.06 MDR 10.5 84.63
TR 51841 (95-09 1 2.03 HI 13..8 28.01
TR 51841 (95-09) 25 HI 1 25
PMT 96-2364 (97-01) 1 0.49 C 13.8 6.76
CUP 98-06 (99-06) 1 1.51 CPD 13.8 20.84
TR 50105 (92-06) 59 R-7000 1 59
TR 48534-01 (93-12) 63 R-7000 1 63
PM 24898 (97-23) 2 0.69 C 13.8 9.52
CUP 92-02 (94-15) 4 0.51 CPD 13.8 7.04
SPR 98-02 (98-07) 1 84.37 SP 13.8 1164.31
TR 52435 (97-19) 18 R-7000 1 18
TR 51562 (95-10) 17 HI 1 17
TR 51562 (95-10) 2 1.41 HI 13.8 19.46
TR 51836 (95-08) 43 HI 1 43
PMT 99-0407 (98-11) 1 R-7000 1 1
TR 45314 (99-07) 30 R-7000 1 30
TR 45315 (99-08) 45 R-7000 1 45
SPR 98-06 (98-19) 2 18.86 RC 13.8 260.27
CUP 96-06 1 4.23 R-7000 13.8 58.37
CUP 94-12 (00-04) 1 0.44 CPD 13.8 6.07
PMT 99-2125 (99-21) 1 RR2.5 1 1
SPR 99-02 (99-17) 1 0.89 HI 13.8 12.28
SPR 98-05 (99-15) 3 0.92 C 13.8 12.7
PMT 98-1312 (98-12) 1 R-7000 1 1
PMT 98-1437 (98-13) 1 RR1 1 1
PMT 98-1778 (98-15) 1 0.89 LI 13.8 12.28
SPR 98-03 (98-17) 1 1.79 LI 13.8 24.7
SPR 97-08 (98-21) 2 5 R-7000 10.5 52.5
CUP 97-08 (98-22) 1 2.24 CPD 13.8 30.91
PMT 98-2909 (99-01) 1 SRR 1 1
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PMT 99-0071 (99-02) 1 RR1 1 1
SPR 98-12 (99-03) 1 3 C 13.8 41.4
SPR 98-01 (99-05) 1 6.82 R-10000 10.5 71.61
PMT 00-1330 (00-34) 1 RR 2.5 1 1
PMT 00-1179 (00-18) 1 RR 2.5 1 1
PMT 98-2757 (99-04) 1 RR 1 1 1
PMT 98-2229 (99-14) 1 SRR 1 1
PMT 00-0059(00-07) 1 SRR 1 1
PMT 97-1966 (00-05) 1 SRR 1 1
PMT 99-0672 (99-12) 1 SRR 1 1
PMT 00-0111 (00-09) 1 1.44 C 13.8 19.87
PMT 97-3094 (98-20) 1 0.37 CPD 13.8 5.11
SPR 98-11 (00-15) 1 1.84 CPD 13.8 25.39
SPR 98-10 (99-27) 1 3.75 LI 13.8 51.75
CUP 98-02 (99-16) 2 3.56 LI 13.8 49.13
SPR 95-05 (99-18) 1 1.02 LI 13.8 14.08
PMT 98-2856 (99-11) 8 1.52 CBD 13.8 20.96
SPR 99-01 (00-01) 1 0.89 HI 13.8 12.28
PMT 00-0859 (00-17) 1 0.38 CPD 13.8 5.24
SPR 99-08 (00-02) 2 1.84 CPD 13.8 25.39
PMT 98-2164 (99-13) 4 19.57 CPD 10.5 205.49
SPR 98-08 (00-36) 1 0.82 C 13.8 11.32
TR 49864-04 (92-12) 105 R-7000 1 105
TR 31533 (89-01) 60 R-10,000 1 60
TR 46258 (92-14) 79 R-7000 1 79
PM 25487 (00-06) 2 RR1 0.5 1
SPR 98-09 (00-08) 1 3.43 MDR 10.5 36.02
CUP 88-45 (00-22) 1 1.58 SRR 10.5 16.59
SPR 99-05 (00-21) 4 0.69 L1 13.8 9.52
SPR 00-05 (00-19) 1 1.69 CPD 13.8 23.32
PMT 00-1750 (00-25) 1 RR1 1 1
PMT 00-1131 (00-26) 1 SRR 1 1
SPR 00-01 (00-30) 3 1.16 CPD 13.8 16.01
SPR 00-08 (00-37) 1 2.22 CPD 13.8 30.64
CUP 00-04 (00-39) 1 3.04 C 13.8 41.95
SPR 99-10 (01-01) 2 0.79 C 13.8 10.9
PMT 01-0048 (01-03) 1 R-7000 1 1
PMT 01-0755 (01-04) 1 RR2.5 1 1
PMT 01-0364 (01-17) 1 L1 13.8 13.8
PMT 01-0839 (01-24) 1 RR1 1 1
ADM PM 26099 (01-23) 2 3.48 13.8 48.02
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT SPR 01-29 (01-29) 8 10 SP 13.8 138
PMT 00-1987 (00-27) 1 RR-1 1 1
PM 26008 (00-44) 1 RR-1 1 1
PM 25497 (01-20) 1 RR-1 1 1
PMT 01-1359 (01-14) 1 RR-2.5 1 1
PMT 02-00258 (02-01) 1 RR-1 1 1
CUP 00-02 (01-11) 2 2.41 SP 13.8 33.26
PMT 01-0992 (01-09) 1 SRR 1 1
PMT 00-0138 (00-11) 1 SRR 1 1
Tract 45311 (00-13) 60 R-7000 1 60
DR 01-46 (91-11) 1 2.62 SP 90-01 13.8 36.16
SPR 00-02 (00-28) 2 2.12 CPD 13.8 29.25
CUP 01-05 (01-22) 3 1.07 R-7000 13.8 14.77
PMT 02-00283 (02-02) 1 0.23 C 13.8 3.17
SPR 98-07 (91-11) 1 1.04 SP 90-01 13.8 14.35
SPR 00-04 (00-31) 1 1.89 H1 13.8 26.08
SPR 94-05 (99-24) 2 6.79 H1 13.8 93.7
PMT 01-0429 (01-06) 1 4.37 LI 13.8 60.31
SPR 01-02 (01-12) 1 1.02 LI 13.8 14.04
SPR 01-09 (01-18) 1 1.09 LI 13.8 15.04
PT 01-00988 (01-26) 1 R-7000 1 1
CUP 01-05 (01-19) 2 1.57 HI 13.8 21.67
SPR 99-03 (00-16) 1 0.56 LI 13.8 7.73
PM 26341 (01-30) 1 0.47 LI 13.8 6.49
PMT 02-02247 (02-32) 1 R-7000 1 1
PM 26485 (01-32) 1 1.89 CPD 13.8 26.08
PM 25756 (01-08) 10 36.42 CPD 13.8 502.59
PMT 01-00944 (01-27) 1 R-7000 1 1
PMT 01-01329 (01-28) 1 R-7000 1 1
PMT 01-01567 (01-31) 1 R-7000 1 1
TR 46045 (00-40) 9 R-7000 1 9
PMT 00-1190 (00-20) 1 R-7000 1 1
CUP 01-02 (02-40) 3 18.03 CPD 13.8 248.81
CUP 88-15 (89-04) 1 5.38 CPD 13.8 74.24
DR 00-84 (91-11) 1 1.1 SP 90-01 13.8 15.18
DR 02-36 (91-11) 1 2.19 SP 90-01 13.8 30.22
DR 02-46 (91-11) 1 0.44 SP 90-01 13.8 6.07
DR 02-59 (02-41) 2 2.72 SP 80-02 13.8 37.54
DR 02-93 & 01-66 (91-11) 1 12.89 SP 90-01 13.8 177.88
DR 03-14 (03-18) 2 2.72 SP 80-02 13.8 37.54
DR 03-15 (91-11) 1 1.59 SP 90-01 13.8 21.94
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PM 26455 (03-16) 2 2.6 LI 13.8 35.88
PM 26726/DR 02-67 (03-10) 1 3.974 SP 90-01 13.8 54.84
PMT 01-01328 (89-03) 1 1 RR-1 1 1
PMT 01-01378 (89-03) 1 1 SRR 1 1
PMT 01-01601 (89-03) 1 1 RR-1 1 1
PMT 01-0556 (01-16) 1 1 RR-1 1 1
PMT 02-00082 (01-21) 1 1 RR-1 1 1
PMT 02-00411 (02-04) 1 1 RR-1 1 1
PMT 02-00487 (02-05) 1 1 RR-1 1 1
PMT 02-00521 (02-07) 1 1 RR-1 1 1
PMT 02-00631 (02-08) 1 1 R-7000 1 1
PMT 02-00956 (02-13) 1 1 RR-1 1 1
PMT 02-01235 (02-16) 1 1 SRR 1 1
PMT 02-01335 (02-17) 1 1 R-7000 1 1
PMT 02-01451 (02-24) 1 1 RR 2.5 1 1
PMT 02-01575 (02-25) 1 1 RR 2.5 1 1
PMT 02-01705 (02-26) 1 1 R-7000 1 1
PMT 02-01939 (02-31) 1 1 RR-1 1 1
PMT 02-02180 (02-30) 1 1 SRR 1 1
PMT 02-02323 (02-35) 1 1 SRR 1 1
PMT 02-02572 (02-37) 1 1 SRR 1 1
PMT 02-02853 (02-43) 1 1 RR-1 1 1
PMT 02-02863 (02-42) 1 1 RR-1 1 1
PMT 02-02901 (02-47) 1 1 RR-1 1 1
PMT 02-02973 (03-02) 1 1 RR-1 1 1
PMT 02-03247 (01-21) 1 1 RR-1 1 1
PMT 03-00092 (03-03) 1 1 RR 2.5 1 1
PMT 03-00134 (03-04) 1 1 RR 2.5 1 1
PMT 03-00226 (02-36) 1 1 RR-1 1 1
PMT 03-00397 (03-07) 1 1 RR-1 1 1
PMT 03-00574 (01-21) 1 1 RR-1 1 1
PMT 03-00668 (01-21) 1 1 RR-1 1 1
PMT 03-00708 (01-21) 1 1 RR-1 1 1
PMT 03-00730 (03-17) 1 1 R-15,000 1 1
PMT 03-00961 (03-21) 1 1 SRR 1 1
PMT 03-01062 (02-36) 1 1 RR-1 1 1
PMT 03-01095 (01-21) 1 1 RR-1 1 1
PMT 03-01146 (03-22) 1 1 RR-1 1 1
PMT 03-01147 (03-23) 1 1 RR-1 1 1
PMT 03-01331 (03-28) 1 1 RR-2.5 1 1
PMT 03-01430 (89-03) 1 1 SRR 1 1
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PMT 03-01447 (03-32) 1 1 SRR 1 1
PMT 03-01545 (01-21) 1 1 RR-1 1 1
PMT 03-01586 (02-36) 1 1 RR-1 1 1
PMT 03-01607 (01-21) 1 1 RR-1 1 1
PMT 03-01699 (89-03) 1 1 SRR 1 1
PMT 03-02096 (89-03) 1 1 RR-1 1 1
PMT 03-02475 (03-44) 1 1 SRR 1 1
PMT 03-02753 (03-48) 1 1 RR-1 1 1
PMT 03-02754 (03-47) 1 1 RR-1 1 1
PMT 03-03118 (03-58) 1 1 R-7000 1 1
PMT 03-04004 (03-68) 1 1 R-7000 1 1
SPR 00-03 (00-43) 1 4.59 C 13.8 63.34
SPR 00-09 (00-46) 1 2.15 LI 13.8 29.67
SPR 02-12 (02-38) 1 1.97 LI 13.8 27.19
SPR 98-04 (98-16) 1 0.88 HI 13.8 12.14
SPR 99-06 (00-33) 1 6.51 CPD 10.5 68.36
SPR 99-12 (00-38) 1 1.95 LI 13.8 26.91
TRACT 45313 (86-02) 108 R-7000 1 108
TRACT 45314 (86-02) 70 R-7000 1 70
TRACT 45315 (86-02) 79 R-7000 1 79
TRACT 46723 (02-19) 42 R-7000 1 42
TRACT 48795 (00-14) 78 R-7000 1 78
TRACT 52977 (00-23) 96 R-7000 1 96
TRACT 53134 (01-10) 16 R-10,000 1 16
PMT 99-02752 (91-11) 1.69 SP90-01 13.8 23.322
PMT 02-03180 (89-03) 1 SRR 1 1
PMT 03-01899 (89-03) 1 SRR 1 1
PMT 03-02208 (89-03) 1 SRR 1 1
PMT 03-02396 (89-03) 1 SRR 1 1
PMT 03-02469 (89-03) 1 SRR 1 1
PMT 03-02801 (89-03) 1 SRR 1 1
PMT 03-03936 (89-03) 1 SRR 1 1
PMT 03-03937 (89-03) 1 SRR 1 1
PMT 04-00124 (89-03) 1 SRR 1 1
PMT 04-00644 (89-03) 1 SRR 1 1
PMT 04-02036 (89-03) 1 SRR 1 1
PMT03-01032 (89-03) 1 SRR 1 1
CUP 02-08 (03-29) 5.67 CPD 13.8 78.246
CUP 03-05 (03-56) 1.642 CPD 13.8 22.6596
CUP88-56 (03-25) 0.46 CPD 13.8 6.348
DR 02-36 (91-11) 1.09 SP90-01 13.8 15.042
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PMT 01-00249 (01-25) 1 SRR 1 1
PMT 02-00761 (02-12) 1 RR-1 1 1
PMT 03-00490 (03-15) R-7000 1 1
PMT 03-00553 (03-14) 1 RR2.5 1 1
PMT 03-00952 (03-24) 1 SRR 1 1
PMT 03-01085 (03-20) 1 SRR 1 1
PMT 03-01096 (01-21) 2 RR-1 1 1
PMT 03-01390 (03-33) RR-1 1 1
PMT 03-01736 (03-35) R-7000 1 1
PMT 03-01985 (02-36) 1 RR-1 1 1
PMT 03-02465 (03-45) RR-1 1 1
PMT 03-02624 (02-36) 1 RR-1 1 1
PMT 03-02752 (01-21) 1 RR-1 1 1
PMT 03-02807 (02-36) 1 RR-1 1 1
PMT 03-03211 (00-44) 1 RR-1 1 1
PMT 03-03313 (02-29) 1 RR2.5 1 1
PMT 03-03626 (03-64) RR-1 1 1
PMT 03-04101 (03-69) 1 RR-1 1 1
PMT 03-04236 (03-70) RR-1 1 1
PMT 03-04242 (04-04) 1 RR-1 1 1
PMT 04-00068 (04-01) 1 RR-1 1 1
PMT 04-00071 (01-21) 1 RR-1 1 1
PMT 04-00072 (01-21) 1 RR-1 1 1
PMT 04-00131 (01-21) 1 RR-1 1 1
PMT 04-00182 (04-08) RR-1 1 1
PMT 04-00183 (04-09) RR-1 1 1
PMT 04-00394 (02-36) 1 RR-1 1 1
PMT 04-00394 (02-36) 1 RR-1 1 1
PMT 04-00416 (04-14) 1 R-7000 1 1
PMT 04-00471 (04-46) 1 R-7000 1 1
PMT 04-00472 (04-45) 1 R-7000 1 1
PMT 04-00612 (04-34) 1 RR-1 1 1
PMT 04-00643 (04-21) 1 RR-1 1 1
PMT 04-00939 (04-112) 1 R-7000 1 1
PMT 04-01259 (02-36) 1 RR-1 1 1
PMT 04-01551 (04-39) 1 RR2.5 1 1
PMT 04-01565 (04-38) 1 RR-1 1 1
PMT 04-02387 (04-50) 4 R-7000 1 4
PMT 04-02785 (02-36) 1 RR-1 1 1
PMT 04-04048 (02-36) 1 RR-1 1 1
PMT 04-04297 (04-93) 1 RR-1 1 1
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT SPR 02-09 (03-11) 3.06 LI 13.8 42.228
SPR 02-17 (03-36) 1.86 C 13.8 25.668
SPR 03-11 (95-08) 13.56 HI 13.8 187.128
SPR 03-12 (04-35) 1.12 CPD 13.8 15.456
TRACT 32494 (89-01) 100 R-7000 1 100
TRACT 45316 (99-09) 16 R-7000 1 16
TRACT 45317 (99-10) 10 R-7000 1 10
TRACT 49146 (03-01) 61 R-7000 1 61
TRACT 49864 (02-46) 21 R-7000 1 21
TRACT 49864-05 (92-15) 77 R-7000 1 77
TRACT 53621 (02-10) 96 R-7000 1 96
PMT 04-05719 (04-119) 1 RR-1 1 1
PMT 04-04866 (04-111) 1 RR-1 1 1
PMT 04-01944 (04-41) 1 RR-1 1 1
PMT 04-02787 (04-52) 1 SRR 1 1
PMT 04-04257 (91-19) 1 SRR 1 1
PMT 05-01307 (04-86) 3 SRR 1 3
PMT 05-00360 (05-05) 1 RR2.5 1 1
PMT 04-04266 (04-91) 1 RR2.5 1 1
PMT 05-02576 (05-59) 1 RR2.5 1 1
PMT 05-01630 (05-32) 1 RR2.5 1 1
SPR 02-12 (02-38) 1.95 LI 13.8 26.91
SPR 04-01 (04-59) 2.17 LI 13.8 29.946
SPR 04-25 (05-18) 1.09 LI 13.8 15.042
SPR 04-26 (05-52) 2.33 LI 13.8 32.154
PMT 03-01717 (03-83) 1 RR-1 1 1
PMT 03-03627 (01-21) 1 RR-1 1 1
PMT 04-00213 (01-21) 1 RR-1 1 1
PMT 03-02113 (01-21) 1 RR-1 1 1
PMT 04-02786 (01-21) 1 RR-1 1 1
PMT 03-02536 (02-36) 1 RR-1 1 1
PMT 05-00577 (02-36) 1 RR-1 1 1
PMT 04-00415 (02-36) 1 RR-1 1 1
PMT 04-02095 (02-36) 1 RR-1 1 1
PMT 03-02255 (02-36) 1 RR-1 1 1
PMT 03-02304 (02-36) 1 RR-1 1 1
PMT 04-05293 (02-36) 1 RR-1 1 1
PMT 04-00310 (02-36) 1 RR-1 1 1
PMT 03-04099 (02-36) 1 RR-1 1 1
DR 03-108 (04-36) 0.65 CPD 13.8 8.97
PMT 04-05950 (05-34) 1 SRR 1 1
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PMT 02-02897 (02-45) 1 SRR 1 1
PMT 04-03162 (04-63) 1 SRR 1 1
PMT 04-00284 (04-12) 1 SRR 1 1
PMT 05-00057 (05-01) 1 SRR 1 1
PMT 04-03618 (04-75) 1 SRR 1 1
PMT 03-01836 (89-03) 1 SRR 1 1
PMT 03-03830 (89-03) 1 SRR 1 1
PMT 04-01488 (89-03) 1 SRR 1 1
PMT 05-00037 (89-03) 1 SRR 1 1
PMT 04-01040 (89-03) 1 SRR 1 1
PMT 04-03611 (89-03) 1 SRR 1 1
PMT 05-02081 (89-03) 1 SRR 1 1
PMT 04-02697 (89-03) 1 SRR 1 1
PMT 04-00379 (89-03) 1 SRR 1 1
PMT 04-01180 (89-03) 1 SRR 1 1
PMT 04-00581 (89-03) 1 SRR 1 1
PMT 05-02462 (89-03) 1 SRR 1 1
PMT 04-02524 (89-03) 1 SPR 1 1
PMT 04-06279 (89-03) 1 SRR 1 1
PMT 04-03570 (89-03) 1 SRR 1 1
PMT 03-03003 (89-03) 1 SRR 1 1
PMT 04-00056 (04-02) 1 R-10000 1 1
PMT 04-00460 (04-15) 1 R-7000 1 1
SPR 04-13 (04-122) 3.4 C 13.8 46.92
PMT 03-03436 (03-63) 1 R-7000 1 1
PMT 05-01377 (05-29) 1 R-7000 1 1
CUP 03-02 (03-65) 2.99 CPD 13.8 41.262
SPR 04-06 (05-03) 1.15 HI 13.8 15.87
DR 04-62 (04-113) 0.48 HI 13.8 6.624
DR 04-136 (05-62) 1.35 SP80-02 13.8 18.63
DR 04-06 (04-82) 2 2.72 SP80-02 13.8 37.536
PMT 05-02116 (05-39) 1 R-7000 1 1
PMT 05-00998 (05-22) 1 R-15,000 1 1
CUP 03-11 (04-28) 12.1 CPD 13.8 166.98
SPR 04-23 (05-75) 1.76 LI 13.8 24.288
SPR 02-05 (02-22) 0.52 CPD 13.8 7.176
SPR 04-03 (04-84) 0.76 LI 13.8 10.488
CUP 01-09 (03-42) 6 2.1 CBD 13.8 28.98
SPR 04-02 (02-03) 0.76 LI 13.8 10.488
PMT 05-06021 (05-109) 1 R-7000 1 1
DR 04-07 (04-53) 0.39 CPD 13.8 5.382
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT DR 03-83 (01-08) 0.78 CPD 13.8 10.764
PMT 04-05949 (04-121) 1 RR-1 1 1
PMT 04-02232 (04-48) 1 RR-1 1 1
PMT 04-05494 (04-116) 1 RR-1 1 1
PMT 04-05900 (04-120) 1 RR-1 1 1
PMT 04-02905 (04-61) 1 RR-1 1 1
PMT 05-01764 (05-42) 3 R-7000 1 3
PMT 05-00828 (05-21) 1 R-7000 1 1
PMT 04-05992 (04-124) 1 R-7000 1 1
TR 47179 (98-10) 61 R-7000 1 61
TR 47179-01 (98-10) 16 R-7000 1 16
PMT 03-03135 (03-57) 1 RR-1 1 1
PMT 04-06266 (04-129) 1 RR-1 1 1
PMT 05-00366 (05-15) 1 RR-1 1 1
PMT 05-00614 (05-14) 1 RR-1 1 1
PMT 05-03415 (05-73) 1 RR-1 1 1
PMT 03-03046 (03-55) 1 RR-1 1 1
PMT 04-01065 (04-29) 1 RR-1 1 1
PMT 05-00921 (05-31) 1 RR-1 1 1
PMT 04-03135 (04-62) 1 RR-1 1 1
PMT 03-01726 (03-34) 1 RR-1 1 1
PMT 03-01100 (03-26) 1 R2.5 1 1
PMT 05-00304 (05-13) 1 R2.5 1 1
PMT 04-00265 (04-14) 1 R2.5 1 1
PMT 04-02331 (04-49) 1 R2.5 1 1
TR 44613 (89-13) 40 R-7000 1 40
TR 54224 (03-66) 42 R-7000 1 42
PMT 05-00713 (04-54) 1 19.73 LI 13.8 272.274
PM 060916 (04-54) 4 3.15 LI 13.8 43.47
PMT 05-05481 (05-99) 1 RR-1 1 1
PMT 02-00628 (91-17) 1 RR-1 1 1
SPR 96-01 (97-02) 1 1.4 LI 13.8 19.32
PMT 05-01609 (05-33) 1 RR-2.5 1 1
PMT 05-06991 (01-21) 1 RR-1 1 1
PMT 05-01861 (01-21) 1 RR-1 1 1
PMT 04-02158 (02-36) 1 RR-1 1 1
PMT 04-03014 (02-36) 1 RR-1 1 1
PMT 05-05838 (02-36) 1 RR-1 1 1
PMT 06-00604 (02-36) 1 RR-1 1 1
PMT 04-00779 (02-36) 1 RR-1 1 1
TR 53907 (04-05) 65 R-10,000 1 65
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PMT 04-03146 (02-23) 1 SRR 1 1
PMT 02-01508 (02-20) 1 SRR 1 1
PMT 04-06279 (89-03) 1 SRR 1 1
PMT 05-05058 (89-03) 1 SRR 1 1
TR 53445 (03-31) 129 SRR 1 129
PMT 04-06140 (05-02) 2 R-7000 1 2
TR 52797 (04-22) 43 R-7000 1 43
TR 60432 (04-06) 21 R-7000 1 21
TR 53866 (03-19) 65 R-7000 1 65
PMT 05-00515 (05-12) 1 R-15,000 1 1
TR 53027 (02-21) 106 R-7000 1 106
TR 54157 (04-11) 85 R-7000 1 85
CUP 02-06 (02-44) 2 2.58 C 13.8 35.604
SPR 04-20 (04-102) 1 0.65 C 13.8 8.97
PMT 05-06567 (05-118) 1 R-7000 1 1
PMT 05-01126 (05-24) 1 R-7000 1 1
PMT 05-05777 (05-104) 1 R-7000 1 1
PMT 05-06500 (05-115) 1 R-7000 1 1
SPR 02-07 (04-17) 1 1.02 OP 13.8 14.076
PMT 05-03062 (05-63) 1 R-7000 1 1
PMT 05-03063 (05-63) 1 R-7000 1 1
PMT 05-05595 (05-96) 1 R-7000 1 1
DR 04-97 (91-11) 1 4.62 SP 90-01 13.8 63.756
SPR 99-07 (99-26) 2 1.27 HI 13.8 17.526
SPR 04-17 (05-69) 1 0.88 HI 13.8 12.144
SPR 01-12 (02-20) 1 2.16 HI 13.8 29.808
PMT 05-06989 (91-11) 1 0.53 SP 90-01 13.8 7.314
PMT 05-00762 (91-11) 1 0.87 SP 90-01 13.8 12.006
DR 05-08 (91-11) 1 4.24 SP 90-01 13.8 58.512
SPR 03-04 (04-10) 1 0.97 HI 13.8 13.386
DR 03-97 (04-26) 1 0.43 SP 80-02 13.8 5.934
DR 04-47 (04-64) 9 1.84 SP 80-02 13.8 25.392
DR 04-43 (04-78) 2 2.72 SP 80-02 13.8 37.536
SPR 04-08 (05-43) 1 1.42 LI 13.8 19.596
SPR 03-10 (04-47) 1 0.72 LI 13.8 9.936
SPR 04-21 (05-64) 1 2.2 LI 13.8 30.36
PMT 06-00435 (04-128) 1 R-7000 1 1
SPR 01-08 (02-48) 1 1.33 CPD 13.8 18.354
SPR 02-16 (03-43) 1 0.57 CPD 13.8 7.866
SPR 05-26 (04-80) 3 2.42 LI 13.8 33.396
SPR 03-07 (03-60) 1 0.35 CPD 13.8 4.83
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PMT 05-00479 (05-19) 1 R-7000 1 1
PMT 05-05605 (04-28) 1 1.65 CPD 13.8 22.77
DR 05-115 (06-03) 3 MDR 1 3
PMT 04-01955 (04-40) 1 0.2 LI 13.8 2.76
PMT 06-00819 (06-26) 1 MDR 1 1
PMT 05-02428 (05-44) 1 R-7000 1 1
PMT 06-02003 (06-46) 2 R-7000 1 2
DR 04-09 (00-19) 1 0.85 CPD 13.8 11.73
DR 06-54 (00-19) 1 0.77 CPD 13.8 10.626
PMT 05-02990 (05-65) 1 R-7000 1 1
PMT 06-00210 (06-51) 1 R-7000 1 1
PMT 06-04034 (06-70) 1 R-7000 1 1
TR 46557 (04-72) 16 R-7000 1 16
DR 03-83 (01-08) 2 1.59 CPD 13.8 21.942
DR 04-25 (05-103) 1 0.28 CPD 13.8 3.864
PM 060409 (04-118) 4 R-7000 1 4
TR 52762 (03-39) 16 R-7000 1 16
TR 60857 (04-103) 82 R-7000 1 82
TR 54315 (04-125) 19 R-7000 1 19
PMT 05-05242 (05-95) 1 R-7000 1 1
PMT 06-00269 (06-12) 1 R-7000 1 1
PMT 04-02032 (04-43) 1 R-7000 1 1
PMT 05-02652 (05-54) 1 R-7000 1 1
PMT 04-02192 (04-55) 1 R-7000 1 1
PMT 05-02673 (05-53) 1 R-7000 1 1
TR 42833 (89-10) 57 R-7000 1 57
TR 46905 (03-05) 32 R-7000 1 32
TR 60782 (04-58) 19 R-7000 1 19
PMT 05-05407 (05-98) 1 RR-1 1 1
PMT 05-03409 (05-94) 1 RR-1 1 1
PMT 06-00872 (06-32) 1 RR-1 1 1
PMT 06-03371 (06-62) 1 RR-1 1 1
PMT 05-02757 (05-60) 1 RR-1 1 1
PMT 05-05567 (05-97) 1 RR-1 1 1
PMT 05-02838 (05-57) 2 RR-1 1 2
TR 53244 (04-03) 95 R-7000 1 95
TR 54365 (02-46) 44 R-7000 1 44
TR 60948 (05-35) 39 R-7000 1 39
PMT 05-03977 (05-79) 1 R-7000 1 1
PMT 04-06091 (04-126) 1 R-10,000 1 1
PMT 05-02105 (05-41) 1 R-10,000 1 1
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PMT 05-03350 (05-10) 1 R-10,000 1 1
PMT 05-05687 (05-105) 1 R-2.5 1 1
DR 03-99 (03-71) 1 0.57 13.8 7.866
TR 53102 (00-29) 48 R-7000 1 48
TR 53102-02 (00-29) 58 R-7000 1 58
TR 54370 (04-105) 77 R-7000 1 77
TR 60427 (04-96) 77 R-7000 1 77
TR 60428 (04-69) 4 R-7000 1 4
TR 60858 (05-82) 4 R-7000 1 4
TR 61542 (06-45) 9 R-7000 1 9
SPR 14-03 (15-02) 1 6.22 AC LI 13.8 85.836
SPR 16-01 (16-07) 1 12.472 AC HI 13.8 172.114
TR 41568 (03-03) 4 R-7000 1 4
TR 44167 (00-26) 4 R-7000 1 4
TR 45007 16 R-7000 1 16
TR 53102 13 R-7000 1 13
TR 60241 85 R-7000 1 85
TR 60779 18 R-7000 1 18
TR 60858 27 R-7000 1 27
TR 61542 5 R-7000 1 5
08-01457 1 R-10,000 1 1
PM 66627 2 R-10,000 1 2
PMT 15-01749 1 R-10,000 1 1
CUP 07-04 (16-02) 7 CPD 13.8 239.44
SPR 05-23 (15-03) 1 CPD 13.8 188.58
SPR 14-05 1 CPD 13.8 26.91
SPR 15-03 1 CPD 13.8 233.5
TR41112 (1A) 58 LRR17500* SFR 1 58
TR47583 (04-109) 35 LCA22 SFR 1 35
TR51747 (94-01) 79 LRR7000* SFR 1 79
TR45661 (03-13) 96 LRRA7500* SFR 1 96
TR47895/PMT 05-00998 (05-22)24 LRRA6500* SFR 1 23
TR44025/PMT 03-04004) (03-68)79 LRA22* SFR 1 79
TR45675 3 LRR17500* SFR 1 3
3126-021-026 1 0.94 LRHI 13.8 13.00
DR17-58 1 4.65 3300 13.8 62.51
ECR 19-05871 (PM82327) 1 2.56 010V 1 3.00
CUP18-22/PM 349-54-58 1 2.03 100V 13.8 28.07
TR 31356 1 11.34 010V 10.5 119.18
TR 36918 74.02 1.79 300V 13.8 24.70
TR 39910 1 100V 1 1.00
Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT 3126-021-026 1 0.94 LRHI 13.8 13.00
DR17-58 1 4.65 3300 13.8 62.51
ECR 19-05871 (PM82327) 1 2.56 010V 1 3.00
CUP18-22/PM 349-54-58 1 2.03 100V 13.8 28.07
TR 31356 1 11.34 010V 10.5 119.18
TR 36918 74.02 1.79 300V 13.8 24.70
TR 39910 1 100V 1 1.00
3126-021-026 1 0.94 LRHI 13.8 13.00
DR17-58 1 4.65 3300 13.8 62.51
ECR 19-05871 (PM82327) 1 2.56 010V 1 3.00
CUP18-22/PM 349-54-58 1 2.03 100V 13.8 28.07
TR 31356 1 11.34 010V 10.5 119.18
TR 36918 74.02 1.79 300V 13.8 24.70
TR 39910 1 100V 1 1.00
TR 44167 1 100V 1 1.00
TR 45007 1 100V 1 1.00
TR 53102 1 100V 1 1.00
TR 54025 26 100V 1 26.00
TR 60294 99 100V 1 99.00
TR 60858 33 100V 1 36.00
TR 61206 25 100V 1 25.00
TR 61489 60 580V 1 60.00
TR 61489-1 79 580V 1 79.00
TR 61542 1 100V 1 1.00
TR 61819 3 100V 1 3.00
TR 63201 6 100V 1 6.00
TR 63346 8 100V 1 8.00
TR 63346 29 100V 1 29.00
TR 66842 7 22.31 100V 1 84.00
DR 21-13/PMT 19-01985 1 1.0345 100V 13.8 14.28 SPR 19-06/GRA 20-04813 1 1.75 100V 13.8 24.15 PMT 20-05270 1 0.458 010V 13.8 1
SPR 20-03/GRA 20-05186 1 1.08 010V 13.8 14.90 CUP 18-26/GRA 19-03516 1 2.3034 500V 10.5 24.19 DR 20-45/GRA 20-04105 2.38 3100 13.8 32.84
DR 19-21/PMT 19-04724 1 0.559 6400 13.8 7.71 PMT 19-06376 1 0.196 010V 13.8 1
TR 66842/GRA 19-04244 84 010V 1 84
TR 62578 60 010V 1 60
PMT 19-04138 1 010V 13.8 1
PMT 20-06937 / 3133-002-020 1 0.64 0500 10.5 6.72 Project
(Annexation No.) Lots Area1 Zoning EDU Factor No. of EDUs No. of Units
DETERMINATION OF EQUIVALENT DRAINAGE UNITS (EDU's) BY PROJECT PMT 20-06937 / 3133-002-021 1 0.841 0500 10.5 8.83 PMT 20-06937 / 3133-002-022 1 1.053 1100 13.8 14.53 PMT 20-06937 / 3133-002-025 1 3.22 0500 10.5 33.81 PMT 20-06937 / 3133-002-026 1 1.148 2700 10.5 12.05 CUP No. 18-12 1 0.5016 3300 13.8 6.92
CUP No. 17-13 1 1.1726 310 13.8 16.18
TR 061118 33 580V 1 33.00
TR 61038 41 580V 1 41.00
ADDED ASSESSMENTS:
TR 39910 4 010V 1 4
TR 62578 60 010V 1 60
CUP No. 1725 / (GRA2006746)3 0.6535 AC 2600 / 2700 13.8 9.0183 SPR 2004 2 12.183 AC 010V 10.5 127.9215
TR 44439 23 V 1 23
TR 60885 36 580V 1 36
TR 61118 68 580V 1 68
TR 61248 157 580V 1 157
TR 61535 228 010V 1 228
TR 619892 52 010V 1 52
SPR 2005 2 4.63 AC 0101 / 010V 13.8 63.894
Certificate of Occupancy 13 010V 1 13
SPR 2112 / GRA 2107028 2 9.17 AC 2700 / 100V 13.8 126.546 1 Area only indicated for non SFR parcels
STAFF REPORT
City of Lancaster
PH 4
6/28/2022
JC
Date: June 28, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Nicole Jones, Analyst – Public Works
Subject: Levying Lancaster Sewer System Service Charges for Fiscal Year 2022-2023 Recommendation:
Adopt Resolution No. 22-38, levying Lancaster Sewer System Service Charges for maintenance and servicing of the Lancaster Sewer System for Fiscal Year 2022-2023.
Fiscal Impact:
The proposed sewer service charge is $78.00 per sewage unit. A single-family residence is considered one sewage unit, and would be assessed $78.00 for Fiscal Year 2022-2023. There are approximately 56,999 sewage units for which an estimated $4,445,883.00 will be collected on the tax rolls. This charge will remain the same as last fiscal year.
Background:
On December 12, 2006, City Council adopted Resolution No. 06-245, requesting withdrawal from the Consolidated Sewer Maintenance District. On April 24, 2007, City Council introduced Ordinance No. 876, adopting Chapter 13.09 of the Municipal Code, establishing a sewer service charge, and also adopted Resolution No. 07-89, fixing the time and place for a public hearing relative to the collection of a sewer service charge beginning in Fiscal Year 2007-2008. On May 8, 2007, Council adopted Ordinance No. 876. On June 26, 2007, after a public hearing, Council adopted Resolution No. 07-124 ordering and levying an operations charge and a replacement charge in the Lancaster Sewer System for Fiscal Year 2007-2008, and approved the maximum sewer service charge. The City began operations and maintenance of the sewer collection system on July 1, 2008, as directed by City Council.
Each year, staff prepares an Engineer's Report for the City Council to determine the actual amount of the sewer service charge needed to fund the maintenance of the Lancaster Sewer System. The Engineer’s Report determining and proposing the sewer service charge for Fiscal Year 2022-2023 has been prepared. Attached is the resolution to levy the sewer service charges for Fiscal Year 2022-2023.
9 5
0 Attachments:
Resolution No. 22-38
Engineer's Report
RESOLUTION NO. 22-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, LEVYING LANCASTER SEWER
SYSTEM SERVICE CHARGES FOR MAINTENANCE AND
SERVICING OF THE LANCASTER SEWER SYSTEM FOR
FISCAL YEAR 2022-2023
WHEREAS, the City Council on May 8, 2007, adopted Ordinance No. 876, an Ordinance of the City of Lancaster Municipal Code Adopting Chapter 13.09 Establishing a Sewer Service Charge for the purpose of providing funds for the provision of sewer maintenance services; and
WHEREAS, the City Council on April 24, 2007, approved Resolution No. 07-89 fixing the time and place for a public hearing on establishing a sewer service charge for the Maintenance of the Lancaster Sewer System, and authorizing the collection of the Sewer Service Charges on the Property Tax Rolls of the County of Los Angeles; and WHEREAS, the City Council on June 26, 2007, after hearing all protests to the sewer service charges, approved Resolution No. 07-124 confirmed and adopted maximum charges for the Lancaster Sewer System for the maintenance of the Lancaster Sewer System, and authorized the collection of the Sewer Service Charges on the Property Tax Rolls of the County of Los Angeles; and
WHEREAS, the assessment engineer, Harris & Associates, has prepared an Engineer's Report, and filed said Report for Fiscal Year 2022-2023 with the City Clerk as required by law; and
WHEREAS, the City Clerk did proceed to cause notice in the manner required by law of the time and place for a public hearing of the proposed charges and method of collection of the charges; and
WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of the Sewer Service Charges.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, STATE OF CALIFORNIA, THAT:
Section 1. The City Council of the City of Lancaster hereby finds that the public interest and convenience requires the continued maintenance of the Lancaster Sewer System improvements within the Lancaster City boundaries.
Section 2. The charges as set forth in said Report, or as modified, are hereby approved, confirmed, and adopted by the City Council. Staff will submit an Engineer's Report each year determining the actual amount of the charges to be levied and shall submit such Report to the Resolution No. 22-38
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Council for approval. After which, the charges will be levied and collected in the same manner as described in Section 4 below.
Section 3. The adoption of this Resolution constitutes the levy of an Operations Sewer Service Charge of $78.00 for benefiting properties for the fiscal year commencing July 1, 2022, and ending June 30, 2023.
Section 4. The amount of Sewer Service Charges to be assessed for the expenses of the maintenance, operation, and services as described in said Report and Ordinance No. 876, shall be collected at the same time and in the same manner as County taxes are collected, or alternatively provided for in Ordinance No. 913, and shall be disbursed and expended for maintenance, operation and service of the District, all as described in the Engineer's Report and in Ordinance No. 876.
Section 5. The City Clerk is hereby ordered and directed to file a certified copy of this Resolution, upon its adoption, with the County Auditor.
PASSED, APPROVED, and ADOPTED this 28th day of June, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
Resolution No. 22-38
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, _________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this ____ day of ______, 2022.
(seal)
CITY OF
LANCASTER
ENGINEER’S REPORT
FISCAL YEAR 2022-23
LANCASTER SEWER SERVICE CHARGE
June 2022
Prepared by
Harris & Associates
22 Executive Park, Suite 200
Irvine, CA 92614
www.weareharris.com
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
ENGINEER’S REPORT FOR
FISCAL YEAR 2022-23
LANCASTER SEWER SERVICE CHARGE
City of Lancaster
State of California
I HEREBY CERTIFY THAT THE ENCLOSED ANNUAL REPORT, TOGETHER WITH SEWER SERVICE CHARGE ROLL
THERETO ATTACHED, WAS APPROVED AND CONFIRMED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, AND FILED WITH ME ON THE _____ DAY OF ____________, 2022.
_________________________________
ANDREA ALEXANDER, CITY CLERK
CITY OF LANCASTER
LOS ANGELES COUNTY, CALIFORNIA
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
TABLE OF CONTENTS
Table of Contents
Introduction 1
Impacts of Proposition 218 4
Statement of Engineer 5
Part I – Plans and Specifications 7
Part II – Cost Estimate 8
Part III – Method of Apportionment 10
Part IV – District Diagram 12
Appendices:
Appendix A – Ordinance No. 876 and Ordinance No. 913
Appendix B – District Diagram
Appendix C – Sewer Charge Roll
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
1 INTRODUCTION
Purpose
Pursuant to the provisions Article 4, Chapter 6, Part 3, Division 5 of the Health and Safety Code (the “Sanitation and Sewerage Systems Code ”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIII D (the “California Constitution”) the City Council of the City of Lancaster (the “City”), has ordered the preparation and filing of an annual Engineer’s Report (“Report”) for the determination of the Fiscal Year 2022-23 Sewer Service Charge (“ Sewer Charge”) and the Levy and Collection of the Charges for the Lancaster Sanitary Sewer Collection System (the “District”).
The word “parcel”, for purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Los Angeles County Assessor’s Office. The Los Ange les County Auditor/Controller uses APN and specific fund numbers to identify properties to be assessed on the tax roll for sewer charges.
This Report consists of four sections and identifies the following items:
• Plans and Specifications. The location of the District and the specific improvements to be maintained.
• Cost Estimate. The District costs and proposed charges to be levied for 2022-23. • Method of Apportionment. How the District costs are allocated and apportioned to the chargeable parcels based upon the benefit received.
• District Diagram. Diagram of the District showing the external boundaries of the District This report is being prepared to determine the Sewer Service Charge for Fiscal Year 2022-23 for properties within the boundaries of City of Lanca ster (City) that are receiving sewer service in accordance with Ordinance No. 876 and Ordinance No. 913. Ordinance No. 876 and Resolution No. 07 -124 require Staff to submit an Engineer’s Report each year determining the actual amount of sewer service charges to be levied, and to submit such report to City Council for approval. By State Law, the local jurisdiction may, after notice and public hearing, adopt a resolution determining and proposing for adopting an annual charge to be levied and collected on each benefiting parcel within the City.
Overview
On April 2, 1979, the City, by Resolution No. 79 -18, authorized inclusion of certain territories then and thereafter to the Consolidated Sewer Maintenance District of Los Angeles County ( “CSMD”) for the maintaining of local sewers pursuant to State Law. In May 2006, the State of California mandated all owners and operators of sewer systems to comply with new Waste Discharge Requirements ( “WDR’s”).
The WDR’s required duplication of effort by owne rs and operators of a system, if they are not the same entity. Because the City of Lancaster owns the local sewer system and CSMD maintains the local sewer system for the City, a “Sewer Feasibility Study” (“Study”) was prepared to recommend an appropriate course of action to properly serve the citizens of the City.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
2 On December 12, 2006, the Study was presented to the City Council with a recommendation to withdraw from the CSMD. The City Council agreed with the recommendation and adopted Resolution No. 06-245, requesting withdrawal from the CSMD and authoriz ing staff to immediately commence withdrawal proceedings from the CSMD and prepare for providing direct operation and maintenance of the City sewer system, effective July 1, 2008.
The City established a Sewer Service Charge ( “SSC”) by Ordinance No. 876. Adoption of Resolution No. 07-89 fixed the time and place for a public hearing. In accordance with Proposition 218, notices were mailed to the affected property owners. The public hearing was held o n June 26, 2007; since there was no majority protest, the City Council, by adoption of Resolution No. 07 -124, levied an operations charge and a replacement charge for Fiscal Year 2007-08. The SSC is based on multiplying the number of sewage units with the rate established by City Council. A single family residence is the basic unit and is considered 1 sewage unit.
On January 13, 2009, City Council approved Ordinance No. 913 to comply with the intent of Article XIII D of the California Constitution, which provides that governmental entities benefiting from any service shall pay their proportional share of the cost of such service.
The City established the Utility Services Division ( “USD”) of the Development Services Department in January 2008. On July 1, 2008, the USD assumed operation, maintenance, and servicing of the Lancaster Sanitary Sewer Collection System (“LSSCS”), consisting of approximately 429 miles of various-sized sewer lines and 8,965 manholes. Each year , additional sewer improvements may be constructed either by private development , through the City’s Capital Improvement Program or additional properties may connect to the existing sewer lines.
Sewer Service Charges are collected from the benefiting properties on tax rolls or as alternatively provided for in Ordinance No. 913. SSC’s are used for the operation, maintenance, and servicing once the sewer improvements are either constructed by the developer or the project is accepted by City Council for maintenance.
An alternate manner of collec ting sewer service charges shall be by direct billing. An invoice shall be prepared for each premise (or if multiple premises are under a single ownership, a single invoice detailing the multiple premises) and mailed to the owner. The City shall prepare and mail invoices by September 15th of the then current year. Upon mailing of the invoice by the City, the provisions of Chapter 13.09.080, sections H through J, of the Lancaster Municipal Code shall apply, including but not limited to: due dates, delinquency of payment, and penalties and liens.
In general, the City is required by law to:
a) Set sewer service charges that meet the on-going operating expenditures of the sewer enterprise; b) Provide for the timely replacement and rehabilitation of existing infrastructure; and c) If applicable, meet all debt covenants.
The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the charge was levied. Service, as defined, includes the cost of maintaining any facility used to provide sewer service. The amount of the charge imposed on any parcel of property shall be related to the benefit to the parcel, which will be derived from the provision of the service.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
3 Stillmeadow Lane Assessments: Homeowners along a private street in incorporated Lancaster known as Stillmeadow Lane petitioned the City of Lancaster to construct a sewer system to enable those citizens to convert their sanitary waste system from private septic to public sewer. The City financed the project and the owners repay the costs over several years through special assessments. The sewer improvements were annexed into the Lancaster Sewer District and the property owners are assessed for annual sewer services and a separate charge for repayment of the City funded sewer improvements.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
4 IMPACTS OF PROPOSITION 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts.
Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1) Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2) Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment unless the increase in assessment was anticipated in the assessment formula (e.g., CPI increase).
It was also determined that if assessments were imposed as a condition of development and property owners agreed to the imposition of assessments and s ubsequently signed a development agreement confirming so, then this would suffice for the requirement of signing a petition.
The more difficult question arose in those situations where the levy of assessments was imposed as a condition of approval for land development or subdivision where the property owner did not enter into a development agreement. In those cases, if the sewer facilities, landscape, park, or street light facilities and the resulting assessment were a condition of the land development or subdivisions approval and the property owner acquiesces to the levy of assessment, it is reasoned that this was a functional equivalent of giving express consent or signing a petition requesting the imposition of the assessment. Even the Howard Jarvis Taxpayers' Association seems to tacitly support this conclusion in its "Statement of Drafters' Intent". When discussin g the exemption for existing assessments imposed pursuant to a petition, the taxpayers' association said:
"This provision exempts most land secured financing arrangements used by developers." Clearly acceptance of a condition of approval of a development o r subdivision which requires that imposition of assessments is a common form of land secured financing used by developers to fund sewer facilities, street lighting or landscape maintenance.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
5 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: CITY OF LANCASTER
PROJECT: LANCASTER SEWER SERVICE CHARGE
TO: CITY COUNCIL
CITY OF LANCASTER, STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2022–23
The preparation of this Report is in conformance with the obligation of the City Council of the City of Lancaster for the District to provide sanitary sewer collection services and charge each lot or parcel of land in the District the costs and expenses of the District in proportion to the estimated benefit s to be received by each such lot or parcel of land for Fiscal Year 2022–23. Services will be provided through June 30, 2023.
Pursuant to the Sanitation and Sewerage Systems Code, Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of Lancaster’s Resolution being adopted by the City Council of the City of Lancaster on the 28th day of June, 2022 this Report has been ordered for the:
LANCASTER SEWER SERVICE CHARGE
I, Alison Bouley , authorized representative of the District, the duly appointed Engineer submit the following Report which consists of the following four (4) parts and Appendices:
PART I
Plans and Specifications: Plans and specifications for the improvements proposed to be maintained are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk and are incorporated herein by reference.
PART II
Cost Estimate: An estimate of the costs of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk and incorporated herein by reference.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
6 PART III
Method of Apportionment: The method of apportionment based upon parcel classification of land within the District in proportion to the estimated special benefits to be received. The costs and expenses of the District have been charged to the parcels of land within the boundaries of District pursuant to the initial methodology established by Ordinance No. 8 76 and as amended by Ordinance No. 913 and Resolution No. 07-124. For particulars as to the identification of parcels, reference is made to the District Diagram.
PART IV
District Diagram: Diagram of the District showing the external boundaries of the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Los Angeles County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
Harris and Associates is performing the administrative function of preparing this Report and submitting the assessment amounts to Los Angeles County for the 2022-23 tax year, based on previous City Council approvals.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
7 PART I – PLANS AND SPECIFICATIONS
Plans and Specifications
The facilities, which have been constructed within the boundaries of the City of Lancaster, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows:
Various diameter sanitary sewer mainlines, sanitary sewer manholes, a sewer lift station, and the associated force main, except those improvements owned, maintained, and operated by the Sanitation Districts of Los Angeles County (“SDLAC”), or any privately owned and maintained sewer systems.
The City’s sewer collection system consists of approximately 429 miles of gravity sewer lines, one pump station with associated force main and approximately 8,965 manholes. Most of the collection system has been built in the last 20 years as the City has seen substantial growth in population during that time.
According to the City’s Sanitary Sewer Management Plan, approximately 23% of the City sewer system was constructed between 1940 and 1959, making that portion over 50 years old. The average age of the system is about 30 years.
The sewer system is currently operated and maintained by the City’s Utility Services Division. In addition to responding to citizens’ complaints, the Utility Services Division performs sewer inspection, minor renewal and replacement, responds to sanitary sewer overflows, and removes clogs from sewer lines.
Wastewater is collected and conveyed to trunk sewers and to the Lancaster Water Reclamation Plant which are owned and operated by SDLAC.
The improvements will be cleaned, cleared of fats, oils, grease, insects and roots, and repaired, improved, or replaced on a systematic preventative maintenance schedule and on an as -needed basis by City staff or contracted labor.
Plans and Specifications for the improvements for the District are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The Plans and Specifications are on file in the office of the City Clerk and the City Engineer where they are available for public inspection.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
8 PART II – COST ESTIMATE
Cost Estimate FY 2022-23
The LSSCS costs for operation, maintenance, and servicing for Fiscal Year 2022-23 include: contract labor services, registration, travel and/or per diem, publication and dues, vehicle operations, legal advertising, professional services, maintenance services, tool and equipment rental, electricity, water, capital outlay (equipment and machinery), professional services, operating reserves, a replacement allowance, and the transfer of City administration costs which includes salaries, benefits, equipment, and overhead.
The total estimated cost for operation, maintenance, capital projects encumbrance, operating reserve, and contribution for future replacement capital projects for the LSSCS for Fiscal Year 2022-23 is $5,331,062. The capital projects encumbrance and the contribution for future replacement capital projects portion is estimated at $0. The capital projects encumbrance and the contribution for future capital projects is used to establish and increase a fund balance, as needed, to pay for the replacement of the sewer system when it reaches the end of its life cycle and for c apital project design. The Sewer Maintenance Fund Accounting table below provides an estimate of the sewer fund balance and estimated revenue. It also defines the operating and replacement amounts of the total sewer service charge.
Estimates assume approximately 3% delinquency in paying taxes.
A summary of Sewer Maintenance Fund Accounting is provided on the following page.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
9 Sewer Maintenance Fund Accounting
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
10 PART III – METHOD OF APPORTIONMENT
General
The method of apportionment described in this Report, and confirmed by the City Council at the time the District was formed, utilizes commonly accepted engineering practices which have been established pursuant to the Sanitation and Sewerage Systems Code and the California Constitution for the allocation of parcel charges . The calculation of charges is based upon the parcel type and the services and improvements provided to equitably apportion the costs based on the special benefit received by each lot or parcel. The special benefit received by each lot or parcel is over and above any genera l benefit conferred upon said lots or parcels or to the public at large.
Special Benefit
The improvements and associated costs have been allocated to the charged properties within the District based upon the special benefit received by those properties. The improvements for which the properties are charged have been identified as necessary, were installed and are being maintained as part of the development plans specifically for each tract. As such, the improvements and continuing maintenance and servicing of those improvements are strictly the obligation of the properties within the District.
General Benefit
The improvements were installed as a requirement of the development of the tract and are for the sole benefit of properties within the District. It has been determined therefore, any access or use by properties or individuals outside the District is completely incidental and the costs of operating, maintaining and servicing said improvements therefore provides no measurable benefit to those outside properties or individuals.
Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each chargeable lot or parcel receives distinct and special benefits from the improvements and services provided, specifically, collection and conveyance of each parcel’s wastewater to the Lancaster Water Reclamation Plant for treatment. In accordance with Article XIII D, Section 4 of the California Constitution:
“Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large”
Basis of Special Benefit Proportioning
Sewer units are assigned benefit based on the land use code designated for the parcel as assigned by the Los Angeles County Assessor and as defined in Ordinance No. 876 and as amended by Ordinance No. 913.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
11 Current Sewer Classification and Rates
Sewer units are assigned based on the land use code designated for the parcel as assigned by the Los Angeles County Assessor. Because the City’s Utility Services Division does not treat wastewater, the sewage units are based solely on flow from the parcel, and not on the strength of the discharge.
In 2007, the City Council approved a maximum sewer service rate for Fiscal Year 2009 -10 of $78.00 per sewer unit. Until Council approves an annual rate increase, the rate shall be $78.00 per sewer unit each fiscal year beyond Fiscal Year 2009-10. Table “A” of Ordinance 876 and as amended by Ordinance 913, as provided in Appendix A, shows the sewer unit classifications currently in use by the City for each land use.
The current rate for a given customer class can be found by multiplying the sewer service rate of $78.00 by the number of sewage units for the customer class/land use in question. For example, a single family residence will pay $78.00 for the year. A commercial establishment that has 4 sewage units will pay $312.00 (4 x $78) and a hotel with 40 sewer units will pay $3,120.00. Vacant parcels on an improved street with a sewer line where the City has accepted the improved streets are charged ½ sewer unit.
Proposed Sewer Rates for FY 2022-23
The proposed sewer service rate for Fiscal Year 2022-23 is the maximum amount set in 2007 by the City Council of $78.00 per sewer unit.
The proposed rate will provide necessary revenue to pay for the estimated expenses and increase the reserve and replacement funds.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
12 PART V – DISTRICT DIAGRAM
The boundaries of the District are coterminous with the boundaries of the City of Lancaster. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Los Angeles County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The full-scale District Diagram is filed under separate cover with the City Clerk. A reduced copy thereof is filed herewith and made a part hereof in Appendix B.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
13 SEWER CHARGE ROLL
Sewer Charge Roll is attached as Appendix C to this Report. Parcel Identification for each lot or parcel within the District shall be based on available parcel maps and other property data from the Los Angeles County Assessor’s office as they existed at the date this Report was prepared and adopted by the City Council.
Attached as Appendix C is a list of the new parcels to be charged as of the date this report was prepared.
This list includes newly developed parcels or capital improvement program projects accepted for sewer service connection during the past year. This list also includes newly charged parcels, identified in recent audits of the City sewer system, that have been receiving sewer service benefit and have not been charged in past years. The complete list of all District parcels submitted for placement on the tax roll is voluminous and is on file with the City Clerk.
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 numbers will be identified and resubmitted to the County Auditor/Controller. The sewer charge amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and sewer charge rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the charge applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and sewer charge rate rather than a proportionate share of the original sewer charge.
Any parcels, identified prior to the date of submis sion to the County Assessor’s Office, will be added to the submission list for inclusion on the tax roll or billed per the alternate method specific in City of Lancaster Ordinance No. 876 and Ordinance No. 913.
Engineer’s Report
Lancaster Sewer Service Charge
City of Lancaster
Fiscal Year 2022-23
14 APPENDIX A – ORDINANCE NO. 876/ ORDINANCE NO. 913
City of Lancaster Ordinance No. 876 and Ordinance No. 913 are located on the following pages.
•
•
•
ORDINANCE NO. 876
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, ADDING CHAPTER 13.09 TO
THE MUNICIPAL CODE ESTABLISHING A SEWER SERVICE
CHARGE
WHEREAS, on April 2, 1979 the City of Lancaster, by Resolution No. 79-18, authorized inclusion of certain territories then and thereafter to the Consolidated Sewer Maintenance District of Los Angeles County (CSMD) for the maintaining of local and lateral sewers pursuant to State Law; and,
WHEREAS, the State of California mandated all owners and operators of sewer systems to comply with new Waste Discharge Requirements (WDR's) and such mandate of WDR's requires duplication of effort by owners and operators of a system, if they are not the same entity; and,
WHEREAS, because the City of Lancaster owns the local sewer system and CSMD maintains the local sewer system for the City; and,
WHEREAS, on December 12, 2006, the Sewer Feasibility Study was presented to the Lancaster City Council with a recommendation to withdrawal from the CSMD and have the City assume the operations and maintenance of the City sewer system; and, WHEREAS, also on December 12, 2006, the City Council adopted Resolution No. 06 245 requesting withdrawal from the CSMD and authorized staff to immediately commence withdrawal proceedings from the CSMD and prepare for providing direct operation and maintenance of the City sewer system effective July 1,2008; and, WHEREAS, in order to have a viable operations and maintenance program in place, effective July I, 2008, various tasks need to be accomplished, including establishment of a sewer service charge for operations, maintenance, replacement costs and associated for the Lancaster sewer system.
THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 13.09 is hereby added to the Lancaster Municipal Code set forth in Exhibit "A", attached hereto.
Section 2. That the City finds that this Ordinance IS m the public interest of protecting the health, safety and welfare of the citizens of the city.
Section 3. That the City Clerk shall certify to the passage of this Ordinance and will see that it is published and posted in the manner required by law. •
OrdinanceNo. 876