Engineer’s Report
Fiscal Year 2022-2023
City of Rialto
Landscaping and Lighting Maintenance District No. 2
Annexation of:
PPD 2018-0104 (RENAISSANCE COMMERCE CENTER, LLC)
PPD 2019-0035 (BCORE DEFENDER CA1W04, LLC)
PPD 2019-0043 (MADRONA REAL ESTATE RIALTO, LLC)
PPD 2019-0050 (RIALTO METROLINK SOUTH HOUSING PARTNERS, L.P.) PPD 2018-0094 (CENTURY COMMUNITIES, INC)
Prepared For
June 2022
Table of Contents
Sections
Section i. Engineer’s Statement _______________________________ _________________ i Section 1. Plans and Specifications____________________________ __________________ 1 Section 2. Cost Estimate ______________________________________ ________________ 4 Section 2. Method of Apportionment ____________________________ _______________ 8 Section 4. Proposed Assessment ________________________________ ______________ 14 Tables
Table i-1. Summary of Assessments _____________________________ _______________ iv Table 2-1. Landscape Cost Estimate for Maintenance ____________ ___________________ 4 Table 2-2. Zone L Lighting Cost Estimate for Maintenance ______ _____________________ 6 Table 3-1. Zone L EBU Factor __________________________________ _______________ 11 Appendices
Appendix A. Annexation Territory Assessment Roll_________________________________ A-1 Appendix B. Annexation Territory Assessment Diagram _____________________________ B-1 i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 i
AGENCY: CITY OF RIALTO
TO: CITY COUNCIL
CITY OF RIALTO
STATE OF CALIFORNIA
PROJECT: RIALTO LANDSCAPING AND LIGHTING MAINTENANC E DISTRICT NO. 2 ANNEXATION FISCAL YEAR 2022-2023
PPD 2018-0104 (RENAISSANCE COMMERCE CENTER, LLC) R ENAISSANCE COMMERCE CENTER; PPD 2019-0035 (BCORE DEFENDER CA1W04, LLC) 2688 W. BASELINE RD, RIALTO, CA; PPD 2019-0043 (MADRONA REAL ESTATE RIALTO, LLC) MA DRONA REAL ESTATE RIALTO; PPD 2019-0050 (RIALTO METROLINK SOUTH HOUSING PART NERS, L.P.) RIALTO METROLINK SOUTH;
PPD 2018-0094 (CENTURY COMMUNITIES, INC) THE DEPOT
Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to direction from the City of Rialto City Council (the “City Council”), submitted herewith is the "Report," consisting of the following parts, pursua nt to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscape and Lighting Act of 1972," (the “Act”) as amended, commencing with Section 22500 and Article XIIID of the California Constitution (Proposition 218), and which is in accordance with Resolution No. 7897, ad opted by the City of Rialto City Council, San Berna rdino County, California ordering preparation of the Engineer’s Report for the annexation of territory (the “Annexation Territory”) into Rialto Landscaping and Lighting Ma intenance District No. 2 (hereinafter referred to a s the “District” or “LLMD No. 2”), and the levy and colle ction of Assessments for Fiscal Year 2022-2023. Thi s "Report" is applicable for the ensuing 12-month period, bein g the Fiscal Year commencing July 1, 2022, to June 30, 2023.
The City will conduct a property owner protest ball ot proceeding (hereafter referred to as “Ballot Pro ceeding”) for the proposed levy of new assessments for these developments. In addition to this Ballot Proceeding, the City Council will conduct a public hearing to consider p ublic testimonies, comments and written protests re garding the annexations, and the levy of the new assessment s. Upon conclusion of the public hearing, property owner ballots received will be opened and tabulated to determine whether majority protest exists:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in f avor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.”
The area proposed to be annexed to this District ha s been conditioned as part of its development agree ment to provide for a means to finance the ongoing maintena nce of related public improvements either by annexa tion to this District or by other means. For purposes of determining majority protest, the ballot for this development will be tabulated and based on the results of the b allot tabulation, the City Council may adopt and ap prove the Engineer’s Report (hereafter referred to as “Report ”) as amended, order the annexation of the Annexati on Territory, approve the related assessment diagrams, and confirm the assessments. The assessments and annexation as approved shall be made part of, and i ncorporated as part of, the District’s annual Engin eer’s Report for Fiscal Year 2022-2023 and together with the assessments for other properties within the District shall be finalized, approved and submitted to the County Auditor/Controller for inclusion on the property ta x roll for each affected parcel(s) as part of the annual approval process. i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2022-2023 ii
SECTION 1 P LANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for Fiscal Year 2022-2023. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location, and extent of the improvements.
S
ECTION 2 A COST ESTIMATE of the improvements to be maintained and/or improved for the mentioned Fiscal Year.
SECTION 3 A METHOD OF APPORTIONMENT showing the proportionate amount of the assessment t o be charged in proportion to the benefit received by each lot or parcel within the Annexation Territory boundaries as shown in Appendix B.
S
ECTION 4 The PROPOSED ASSESSMENTS contain the total costs and expense of the proposed improvements for Fiscal Year 2022-2023 upon each parcel of land within the Annexation Territory within LLMD No. 2, in proportion to the estimated benefit received by such parcels from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof.
I, Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the City of Rialto, pursuant to the Act do hereby assess and apportion the total amount of the costs and expenses upon the parcels of land within Landscaping and Lighting Maintenance District No. 2 Annexation Territory, liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintenance, works of improvement, and appurtenances.
ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385
ENGINEER OF WORK
CITY OF RIALTO
STATE OF CALIFORNIA
Executed this day of , 2022.
i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 iii
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's "Repo rt" were made on the _______ day of _____________, 2022, by adoption of Resolution No. _________ by City Council.
CITY CLERK
CITY OF RIALTO
STATE OF CA LIFO RN IA
A copy of the Assessment Roll and Engineer's "Report" were filed in the City Clerk’s Office on the _______ day of _______________, 2022.
CITY CLERK
CITY OF RIALTO
ST ATE OF CALIFOR NIA
i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 iv
WHEREAS , on June 14, 2022, the City Council of the City of Rialto (the “City”), State of California, under the Act, adopted its Resolution Initiating Proceedi ngs for annexing the territory into LLMD No. 2 and the Levy and Collection of Assessments. The area(s) of the a nnexation shall be known as: “Annexation Territory” or (the “Annexation”).
WHEREAS, the Resolution of Initiation directed Webb Munici pal Finance, LLC to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improve ments to be maintained, an estimate of the costs of the main tenance, operations and servicing of the improvemen ts for the Annexation to LLMD No. 2 for the referenced fis cal year, a diagram for the Annexation within LLMD No. 2 showing the area and properties to be assessed, and an assessment of the estimated costs of the mainte nance, operations and servicing of the improvements, asses sing the net amount upon all assessable lots and/or parcels within the Annexation to LLMD No. 2 in proportion to the special benefit received.
NOW THEREFORE , the following assessments are intended to fund th e estimated costs of maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the An nexation Territory to LLMD No. 2 in proportion to the special benefit received on such parcels by the improvements:
Table i-1
Summary of Assessments
Zone 22 Assessments
Annexation Total Assessment Assessment Rate per EBU
PPD 2018-0104 $17,669.20 $1.63
Zone 23 Assessments
Annexation Total Assessment Assessment Rate per EBU
PPD 2019-0035 $9,460.52 $1.63
Zone 24 Assessments
Annexation Total Assessment Assessment Rate per EBU
PPD 2019-0043 $2,299.93 $1.63
Zone 25 Assessments
Annexation Total Budget Assessment Rate per EBU
PPD 2018-0094 $23,414.94 $3.31
i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 v
Zone L Assessments
Annexation Total Assessment Assessment Rate per EBU
PPD 2018-0104 $319.34 $19.93
PPD 2019-0035 $261.42 $16.88
PPD 2019-0043 $120.72 $13.38
PPD 2019-0050 $28.36 $28.36
PPD 2018-0094 $113.48 $28.37
1. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 1
Description of the Boundaries of the Annexation Territory to LLMD No. 2 The annexation territory consists of the following developments that are located within the boundaries of the City of Rialto.
PPD 2018-0104: This proposed non-residential development is located at Casmalia Street and Locust Avenue.
PPD 2019-0035: This proposed non-residential development is located at 2688 West Baseline Road.
PPD 2019-0043: This proposed non-residential development is located at 185 West Santa Ana Avenue.
PPD 2019-0050: This proposed residential developmen t is located at Bonnie View Drive; between Willow Avenue and Riverside Avenue.
PPD 2018-0094: This proposed residential developmen t is located at the North-West corner of Willow Ave nue and Bonnie View Drive.
Assessment Diagram
The Assessment Diagram for the Annexation Territory is attached. The lines and dimensions shown on map of the County Assessor of the County of San Bernardino for the current year is incorporated by reference in Appendix B herein and made part of this Report.
Zones of Benefit
For Fiscal Year 2022-2023, all Annexation Territory shall be identified and grouped into zones of bene fit referred to as Zones. These Zones identify specific parcels and developments that receive special benefit from the maintenance, operation, and servicing of various Di strict improvements. Each Zone reflects the improve ments (street lighting and/or landscaping) associated with the development of properties in that Zone in ord er to fairly and equitably apportion the net cost of providing t hose improvements to the properties that receive sp ecial benefit from the maintenance and operation of such improvements. By establishing and utilizing a Zone structure, similar properties with similar types of improvements will be assessed a proportional amoun t for the total annual expenses related to the maintenance, o peration, and servicing of the improvements provide d by the District and for which the properties receive s pecial benefits. The following is a brief descripti on of the District Zones to which the Annexation Territory is proposed to be annexed:
Zones 22, 23, and 24 : These Zones include developments and parcels that are classified as non-residential properties for which the District provides the maintenance, operation, and servicing of:
• Parkway landscaping on the perimeter of the devel opment within the public right-of-way or easement (face of curb to property line), that was installed as part of developing the associated properties or was previously installed, but necessary for the development of such property; and/or • Median-island landscaping near or adjacent to the development that was installed as part of developi ng the properties within that particular development o r was previously installed, but necessary for the development of such property.
Zone 25: This Zone includes a development (tract 20199) of parcels that are classified as single-family residential properties for which the District provides the maintenance, operation, and servicing of:
• Standard Residential Parkway landscaping consisting of landscaped areas (easement, right-of-way or public property) that are located on the perimeter or entryway to a residential development and may include areas of turf, ground cover, shrubs, trees, fencing, sidewalks, monument signs and various hardscape amenities that meet the City’s landscape standards and that was installed as part of developing the properties within that particular residential subdivision.
1. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 2
Zone L: This Zone includes developments and parcels for whi ch the District provides the maintenance, operation, and servicing of street lighting adjacent to and/or in close proximity to the development or property.
Annexation Territory for Fiscal Year 2022-2023
As directed by the City Council, this Report addresses the proposed annexation of additional residential and non- residential territory to the District for Fiscal Ye ar 2022-2023, consisting of the following developme nt(s) including all the lots, parcels, and subdivisions of land therein and generally described as:
PPD 2018-0104: This development consists of three ( 3) parcels proposed for the development a commerce center with one (1) 34,015 square foot industrial w arehouse, one (1) 24,337 square foot industrial war ehouse, and one (1) 28,837 square foot industrial warehouse on 5.13 acres of land. The commerce center is loca ted within the Freeway Incubator (FI) zone of the Renai ssance Specific Plan. This development is being ann exed to the District as Zone 22 and part of Zone L for Fisc al Year 2022-2023 to provide funding for the landsc aping and lighting associated with the development.
PPD 2019-0035: This development consists of one (1) parcel proposed for the development of a 90,726 sq uare foot industrial warehouse on 4.25 acres of land wit hin the Employment (EMP) zone of the Renaissance Sp ecific Plan. This development is being annexed to the Dist rict as Zone 23 and part of Zone L for Fiscal Year 2022-2023 to provide funding for the landscaping and lighting associated with the development.
PPD 2019-0043: This development consists of one (1) parcel proposed for the development of an industri al building on 4.8 acres of land within the Industrial zone. This development is being annexed to the Dis trict as Zone 24 and part of Zone L for Fiscal Year 2022-202 3 to provide funding for the landscaping and lighti ng associated with the development.
PPD 2019-0050: This development consists of two (2) parcels proposed for the development of a 55-unit multifamily residential complex on 1.57 acres of la nd. This development is being annexed to the Distri ct as Zone L for Fiscal Year 2022-2023 to provide funding for the lighting associated with the development.
PPD 2018-0094: This development consists of four (4 ) parcels proposed for the development of 56 single family residential units on 4.52 acres of land. The land has been re-zoned from the Support Commercial (S-C) within the Central Area Specific Plan to Multi-Family Resident ial (MFR). This development is being annexed to the District as Zone 25 and part of Zone L for Fiscal Year 2022- 2023 to provide funding for the landscaping and lig hting associated with the development.
1. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 3
Improvements and Services
Landscape Improvements
The landscape improvements for the District may include, but are not limited to, various streetscape landscaping including parkways and medians as well as public la ndscaped areas within or adjacent to the properties within a particular development such as landscaped slopes, i rrigated and non-irrigated open space areas, landsc aped detention or retention basins, and neighborhood gre enbelts, trails, or parks. These landscape improvem ents may include turf, ground cover, plants and shrubs, trees, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entrywa y monuments, and associated appurtenant facilities located within the various dedicate easements, rights-of-wa y or public properties associated with the landscap ed areas.
The following outlines the location and extent of t he landscape improvements associated with the prope rties and developments within Zones 22, 23, 24, and 25 of the District. The detailed plans and specification s of the District Improvements are on file in the office of the City Public Works Department and by reference a re made part of this Report.
Annexation Territory:
Zone 22 (PPD 2018-0104): Approximately 10,840 square feet along Casmalia Street.
Zone 23 (PPD 2019-0035): Approximately 5,804 square feet along Palmetto and Baseline Avenues.
Zone 24 (PPD 2019-0043): Approximately 1,411 square feet along Santa Ana Avenue.
Zone 25 (PPD 2018-0094): Approximately 7,074 square feet al ong Southeast intersection of Bonnie View Drive and Willow Avenue.
Public Street Lighting Improvements
The street lighting improvements for the District m ay include, but are not limited to, electrical ener gy and the maintenance, repair or replacement of the lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with the public street lighting benefiting and serving the Annexation Territory of Zone L.
Zone L Lighting Improvements - Annexation Territory:
PPD 2018-0104: Nine (9) streetlights; seven (7) 41- watt lights on Casmalia Street and two (2) 185-watt lamps; one (1) located on Laurel Avenue and one (1) on Locust Street.
PPD 2019-0035: Five (5) streetlights; two (2) 127-w att lights on Baseline Road and three (3) 127-watt lights on Palmetto Road.
PPD 2019-0043: Two (2) 185-watt streetlights on Santa Ana Avenue.
PPD 2019-0050: One (1) 41-watt streetlight on Bonnie View Drive.
PPD 2018-0094: Four (4) 41-watt streetlights on Bonnie View Drive.
1. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 4
The cost of servicing, maintaining, repairing, and replacing the actual improvements of the Annexation Territory as described in the Plans and Specifications are summarized as follows:
Table 2-1
Landscape Cost Estimate for Maintenance
Landscaping and Lighting Maintenance District No. 2, Fiscal Year 2022-2023
BUDGET ITEM
Zone 22
(PPD 2018-0104)
Zone 23
(PPD 2019-0035)
DIRECT COSTS
Landscape & Street Light Maintenance $8,602.42 $4,605.94 Other Services and Supply Expenses $987.68 $528.83
Utilities $1,173.96 $628.57
Subtotal Direct Costs $10,764.05 $5,763.34
ADMINISTRATION COSTS
City Personnel & Miscellaneous Administrative Services $1,432.29 $766.88 Consultant Services $52.25 $27.98
Subtotal Administration Costs $1,484.54 $794.86
TOTAL DIRECT AND ADMINISTRATION COSTS $12,248.60 $6,558.20
LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $5,420.61 $2,902.32 Subtotal Levy Adjustments $5,420.61 $2,902.32
TOTAL ASSESSMENT $17,669.20 $9,460.52
DISTRICT STATISTICS
Total Parcels 3 6
Total EBUs Fiscal Year 2022/2023 10,840.00 5,804.00
Fiscal Year 2022/2023 Rate per EBU $1.63 $1.63
Fiscal Year 2022/2023 Maximum Rate per EBU $1.63 $1.63
Maximum Assessable Amount $17,669.20 $9,460.52
1. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 5
BUDGET ITEM
Zone 24
(PPD 2019-0043)
Zone 25
(PPD 2018-0094)
DIRECT COSTS
Landscape & Street Light Maintenance $1,119.74 $11,427.83 Other Services and Supply Expenses $128.56 $1,312.07
Utilities $152.81 $1,559.54
Subtotal Direct Costs $1,401.11 $14,299.44
ADMINISTRATION COSTS
City Personnel & Miscellaneous Administrative Services $186.44 $1,902.72 Consultant Services $6.80 $69.41
Subtotal Administration Costs $193.24 $1,972.13
TOTAL DIRECT AND ADMINISTRATION COSTS $1,594.35 $16,271.57
LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $705.58 $7,143.37 Subtotal Levy Adjustments $705.58 $7,143.37
TOTAL ASSESSMENT $2,299.93 $23,414.94
DISTRICT STATISTICS
Total Parcels 1 4
Total EBUs Fiscal Year 2022/2023 1,411.00 7,074.00
Fiscal Year 2022/2023 Rate per EBU $1.63 $3.31
Fiscal Year 2022/2023 Maximum Rate per EBU $1.63 $3.31
Maximum Assessable Amount $2,299.93 $23,414.94
2. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 6
Table 2-2
Zone L Lighting Cost Estimate for Maintenance
Landscaping and Lighting Maintenance District No. 2, Fiscal Year 2022-2023
BUDGET ITEM PPD 2018-0104 PPD 2019-0035 PPD 2019-0043
DIRECT COSTS
Light Maintenance $482.28 $394.80 $182.40
Other Services and Supply Expenses $0.00 $0.00 $0.00
Personnel Services $0.00 $0.00 $0.00
Subtotal Direct Costs $482.28 $394.80 $182.40
ADMINISTRATION COSTS
District Administration $12.06 $9.87 $4.56
County Administration Fee $0.00 $0.00 $0.00
Miscellaneous Administration Expenses $0.00 $0.00 $0.00 Subtotal Administration Costs $12.06 $9.87 $4.56
TOTAL DIRECT AND ADMINISTRATION COSTS
LEVY ADJUSTMENTS
General Benefit Contribution ($416.16) ($340.67) ($157.39) Reserve Fund Collection/(Contribution) $241.16 $197.42 $91.15 Subtotal Levy Adjustments ($175.00) ($143.25) ($66.24)
TOTAL ASSESSMENT $319.34 $261.42 $120.72
DISTRICT STATISTICS
Total Parcels 3 6 1
Number of Lights 9 5 2
Total EBUs Fiscal Year 2022/2023 16.02 15.49 9.02
Fiscal Year 2022/2023 Rate per EBU $19.93 $16.88 $13.38 Fiscal Year 2022/2023 Maximum Rate per EBU $19.93 $16.88 $13.38
Maximum Assessable Amount $319.34 $261.42 $120.72
2. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 7
BUDGET ITEM PPD 2019-0050 PPD 2018-0094
DIRECT COSTS
Light Maintenance $42.84 $171.36
Other Services and Supply Expenses $0.00 $0.00
Personnel Services $0.00 $0.00
Subtotal Direct Costs $42.84 $171.36
ADMINISTRATION COSTS
District Administration $1.07 $4.28
County Administration Fee $0.00 $0.00
Miscellaneous Administration Expenses $0.00 $0.00
Subtotal Administration Costs $1.07 $4.28
TOTAL DIRECT AND ADMINISTRATION COSTS
LEVY ADJUSTMENTS
General Benefit Contribution ($36.97) ($147.87)
Reserve Fund Collection/(Contribution) $21.42 $85.70
Subtotal Levy Adjustments ($15.55) ($62.17)
TOTAL ASSESSMENT $28.36 $113.48
DISTRICT STATISTICS
Total Parcels 2 4
Number of Lights 1 4
Total EBUs Fiscal Year 2022/2023 1.00 4.00
Fiscal Year 2022/2023 Rate per EBU $28.36 $28.37
Fiscal Year 2022/2023 Maximum Rate per EBU $28.36 $28.37
Maximum Assessable Amount $28.36 $113.48
2. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 8
Proposition 218 Compliance
On November 5, 1996, California voters approved Pro position 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 exception, whi ch are described below, all existing assessment dis tricts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
Any assessment imposed exclusively to finance the c apital cost or maintenance and operation expenses f or streets.
Any assessments levied pursuant to a petition signe d 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 f rom Proposition 218, if the assessments are increas ed in the future, the City will need to comply with the provi sions of Proposition 218 for that portion of the in creased assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets” , however, based on the opinions of the public agen cy officials, attorneys, assessment engineers and Sena te Bill 919, it has been determined that streets in clude all public improvements located within the street right -of-way. This would include median and parkway landscaping, traffic signals, safety lighting and street lighting.
Proposition 218 defines “assessment” as “any levy o r charge upon real property by an agency for a spec ial benefit conferred upon the real property.” Cal. Const., art. XIIID, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits t he parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees and assessments ca n be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments and property-related fees all may be imposed on propert y. The key feature that distinguishes an assessment from a tax, fee or charge is the existence of a special be nefit to real property. Without identifying a speci al benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requi rements which a local government must follow to lev y an assessment. In addition to notice, hearing and asse ssment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefi ts from the special benefits conferred on a parcel.”
By its nature most every public improvement finance d through an assessment district contains an elemen t of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost of the improvement which benefits the public gener ally, to be separated from that portion of the cost of the i mprovement which specially benefits assessed proper ties.
Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct b enefit over, and above general benefits conferred o n real property located in the district or to the public a t large. General enhancement of property value does not constitute “special benefit”.
2. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023 9
General Benefit
Although the landscape improvements provided by the District include public easements, rights-of-way, streets and other amenities available or visible to the pub lic at large, it has been determined that the const ruction and installation of these landscape improvements were o nly necessary for the development of properties wit hin the District and were not required nor necessarily desi red by any properties or developments outside the D istrict boundaries. Furthermore, similar landscape improvem ents and services associated with other development s within the City of Rialto are provided and funded b y similar assessment districts or are maintained pr ivately by the individual property owners or associations. The refore, it has been determined that public access o r use of the landscape improvements by others is incidental and there is no measurable general benefit to prope rties outside the District or to the public at large and the landscape improvements provided by the District are entirely a special benefit to the developments and properties therein that required the installation o f such improvements.
The street light improvements maintained by the Dis trict in Zone L were installed as a condition of ap proval for new development annexing into the District. Althoug h necessary for the development of these specific properties, the improvements also provide a general benefit to the pass-through traffic on the streets on which the lights have been installed. Based upon the most current average daily trip (ADT) information avail able, the pass-through traffic represents, on average, 86.29% of the total daily traffic, resulting in a general benefit contribution of 86.29% of the total street light ma intenance cost in Zone L for FY 2020-21. The genera l benefit contribution may be adjusted for future Annexations or Annual Engineer’s Reports as more current infor mation becomes available.
Method of Apportionment
Pursuant to the Landscaping and Lighting Act of 197 2 and Article XIII D of the Constitution of the Sta te of California, all parcels that have special benefit c onferred upon them as a result of the maintenance a nd operation of improvements shall be identified and t he proportionate special benefit derived by each id entified parcel shall be determined in relationship to the e ntire cost of the maintenance and operation of the improvements. Only parcels that receive direct spec ial benefit are assessed, and each parcel is assess ed in proportion to the estimated benefit received.
The method of apportionment for this District and t he Annexation Territory calculates the receipt of s pecial benefit from the respective improvements based on t he land use of the parcels. The special benefit rec eived by each lot or parcel is equated to the overall land u se of the parcels benefiting from the improvements provided based on each parcel’s actual land use or proposed planned development as compared to other properties. This comparison is reliant upon the special benefit rece ived from the specific type of improvements and ser vices provided or planned within each respective Zone of the District.
The method of apportionment (method of assessment) developed for this District and the Annexation Terr itory is based on the premise that each of the property t o be assessed receives a direct and special benefit from the improvements, services and facilities to be financed by the District assessments.
Equivalent Benefit Units
To proportionally and equitably assess the special benefits to each parcel, it is necessary to correla te each property’s proportional benefit to other properties that benefit from the improvements and services be ing funded. The Equivalent Benefit Unit method of appor tionment uses a basic unit (base value) of assessme nt that is common to all properties benefiting from the imp rovements and services provided and assigns a weigh ted value to each parcel based on an assessment formula that equates the property’s specific development s tatus, type of development (land use), and size of the property, as compared to the base value.
2. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023
10 For this District, Zones 22, 23, and 24 are compris ed of properties that are proposed non-residential developments and the base unit of comparison is a f actor that is based upon the total acreage of the development and the total square footage of the lan dscaped area associated with that development. Zone 25 is comprised entirely of property for residential deve lopment and the base unit of comparison is a factor of the total number of planned parcels and or units of the development. Zone L is comprised of properties, bo th residential and non-residential, benefiting from st reetlight improvements and the base unit of compari son is a factor that is based upon the acreage of the develo pment and/or the number of planned parcels and or u nits of the development and the number and wattage of the l ights associated with that development. The followi ng provides a description of the various land use desi gnations and apportionments associated with the improvements provided in the District’s Zones 22 through 25 and Zone L.
EBU Application for Properties in Zones 22, 23, and 24
Non-Residential – This land use is defined as any p roperty or properties that have been developed or w ill be developed (vacant land) for non-residential use inc luding but not limited to commercial properties, of fice buildings (public or private), industrial propertie s, churches or other non-profit organizations; and the improvements and services associated with the parce l have been accepted or will be accepted by the Cit y for maintenance in the fiscal year. The EBU calculated for each parcel is based on the parcel’s proportion al benefit from the landscape improvements identified herein and directly associated the property.
This land use type is assigned an EBU that is calcu lated by dividing the total square footage of the l andscaped area associated with that development; by the total acreage of all properties within the development t o establish a base value of benefit (landscape square footage per acre). The resulting base value of ben efit is then multiplied by each parcel’s specific acreage resulting in the parcel’s proportionate EBU.
EBU Application for Properties in Zone 25
Single Family Residential – This land use is define d as a fully subdivided residential home site with or without a structure and the improvements and services associa ted with the parcel has been accepted or will be ac cepted by the City for maintenance in the Fiscal Year.
This land use type is assigned a landscape EBU whic h is calculated by dividing the total square footag e of the landscaped area associated with that development by the total number of planned or actual single-famil y residential units within the development to establish each unit/parcel’s proportionate landscape EBU.
EBU Application for Properties in Zone L
In order to account for the various wattages used i n the streetlights each development is bringing int o the District, a Light EBU Factor is assigned to each wa ttage category using 41 Watts as the base unit, whi ch is assigned a Light EBU Factor of one (1). Each highe r wattage category is then assigned a Light EBU Fac tor based on its relation to the base unit of 41 watts.
Non-Residential - For each non-residential developm ent annexed into Zone L, the total number of Light EBU Factors for that development shall be calculated by determining the number of lights within each Watta ge Category and multiplying that number by the corresp onding Light EBU Factor for each Wattage Category. The summation of the calculation for each Wattage Categ ory will be the total Light EBU Factor for the anne xing development. The total Light EBU Factors are then divided by the total acreage of the development to attain the Light EBU Factor per acre. The resulting Light EBU Factor per acre is then multiplied by each parcel’s specific acreage resulting in the parcel’s proportionate share of the Light EBU Factor.
2. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023
11 Residential - For each residential development anne xed into Zone L, the total number of Light EBU Fact ors for that development shall be calculated by determining the number of lights within each Wattage Category and multiplying that number by the corresponding Light EBU Factor for each Wattage Category. The summation of the calculation for each Wattage Category will be t he total Light EBU Factor for the annexing developm ent. The total Light EBU Factors are then divided by the tot al number of proposed or actual residential units a t buildout to attain the Light EBU Factor per unit.
The following are the EBU Factors applied to various streetlight wattage:
Table 3-1
Zone L EBU Factors
Watts Light EBU Factor Unit
41 1 Per Light
58 1.41 Per Light
127 3.10 Per Light
185 4.51 Per Light
Calculation of Assessments
Zones 22, 23, and 24: The benefit formula applied to parcels within thes e zones is based on the preceding Equivalent Benefit Unit (EBU) discussion. Each parc el's EBU correlates to the parcel’s special benefit received as compared to all other parcels benefiting from the improvements. The following formula is used to calculate each parcel’s EBU (proportional benefit).
Landscape Square Footage/Total Acre = Landscape EBU per Acre Parcel’s Acres x Landscape EBU per Acre = Paracel EBU
Zones 25: The benefit formula applied to parcels within this Zone is based on the preceding Equivalent Benefit Unit (EBU) discussion. Each parcel's EBU correlates to the parcel’s special benefit received as compar ed to all other parcels benefiting from the improvements. The following formula is used to calculate each Single -Family Residential Unit’s EBU (proportional benefit).
Landscape Square Footage/No. of Units = Unit Landscape EBU
Zone L: The benefit formula applied to parcels within Zone L is based on the preceding Equivalent Benefit Uni t (EBU) discussion. Each parcel's EBU correlates to t he parcel’s special benefit received as compared to all other parcels benefiting from the improvements. The follo wing formula is used to calculate each parcel’s EBU (proportional benefit).
Light EBU Factor x Number of Lights/Unit or Acre* = Parcel Light EBU *Units for developed residential parcels or Acres for undeveloped and non-residential parcels.
For each Zone of the District, the total number of calculated Equivalent Benefit Units (EBU’s) for the Fiscal Year equals the sum of all individual EBU’s applied to p arcels in that Zone. An assessment amount per EBU ( Rate) for the improvements is established by taking the total cost of the improvements (amount budgeted) and div iding
2. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023
12 that amount by the total number of EBU’s of all par cels to be assessed. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s p roportionate benefit and assessment obligation for the improvements.
Total Assessment Amount (for the Zone) / Total EBU(s) = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount
Exempt Properties: Properties classified as Exempt Properties (exempt from assessment) may include but is not limited to lots or parcels identified as public str eets and other roadways (typically not assigned an APN by the County); dedicated public easements, rights-of-way, public greenbelts and parkways; utility rights-of- ways; common areas, sliver parcels and bifurcated lots; o r any other property the City has determined that t he parcel cannot be developed or is a publicly owned property that is part of the District improvements or that has little or no improvement value. These types of parcels are co nsidered to receive little or no benefit from the improvements and are therefore exempted from assessment and are assigned 0.00 EBU.
Special Cases : As with any assessment district, there may be a sp ecific property or properties that the typical land use classifications and method of apportionmen t does not completely reflect the proportional spec ial benefits received as compared to other parcels. Usu ally, this type of issue arises from property speci fic development issues in which either the use of that property is significantly restricted or limited com pared to other properties, or the timing of the City accepti ng the specific improvements associated with that p roperty as compared to other properties and developments. In t hese cases, the assessment engineer may determine t hat an appropriate calculation of proportional benefit would be better reflected by applying a reduced wei ghting factor that accounts for the property’s reduced benefit. Because a district’s method of apportionment ultimately establishes not only the assessment for each parcel , but the proportional benefit between parcels, ide ntifying any parcel as a “Special Case” and deviating from t he standard method of apportionment applied to othe r properties in the district ultimately effects the proportional assessment of those other properties.
Assessment Range Formula
Any new or increased assessment requires certain no ticing and meeting requirements by law. Prior to th e passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formu la or range of assessments previously adopted by th e agency or approved by the voters in the area where the assessment is imposed." This definition and con ditions were later confirmed through Senate Bill 919 (the Proposition 218 implementing legislation).
The purpose of establishing an assessment range for mula is to provide for reasonable increases and inf lationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to the Article XIIID Section 4. The proper ty owner ballots include an Assessment to be approv ed, as well as the approval of an assessment range formula.
For this District, the Maximum Assessment is equal to the initial Assessment Rate approved by property owners adjusted annually by the percentage increase of the Local Consumer Price Index (“CPI”) for the Riversi de-San Bernardino-Ontario Area for All Urban Consumers fro m January to January. As of January 2018, the Burea u of Labor Statistics (“BLS”) split the Los Angeles/Rive rside/Orange County Area for All Urban Consumers to Los Angeles-Long-Beach- Anaheim Area and Riverside-San Bernardino-Ontario Area. Each Fiscal Year, the Maxi mum Assessment will be recalculated, and a new Maximum Assessment established.
2. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023
13 The Maximum Assessment is adjusted annually and is calculated independent of the annual budgets and proposed assessments established for each Zone of the District. Any proposed annual assessment (rate per EBU) less than or equal to this Maximum Assessment (for each Zone) is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior Fiscal Year.
3. Proposed Assessment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Eng ineer’s Annexation Report Fiscal Year 2022-2023
14 The actual assessment and the amount of the assessm ent for the Fiscal Year 2022-2023 apportioned to ea ch parcel as shown on the latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is p art of the records of the County of San Bernardino Assessor’s Office and such records are, by reference, made part of this Report.
APPENDIX A
Annexation Territory Assessment Roll
Zone EBU Maximum
Rate per EBU
Maximum
Assessment Zone EBU Maximum
Rate per EBU
Maximum
Assessment
1133191260000 PPD 2018-0104 RENAISSANCE COMMERCE CENTER, LLC 1.99 22 4,221.45 $1.63 $6,880.96 L 6.24 $19.93 $124.34 1133191270000 PPD 2018-0104 RENAISSANCE COMMERCE CENTER, LLC 1.42 22 3,012.29 $1.63 $4,910.03 L 4.45 $19.93 $88.72 1133191280000 PPD 2018-0104 RENAISSANCE COMMERCE CENTER, LLC 1.7 22 3,606.26 $1.63 $5,878.21 L 5.33 $19.93 $106.22 0240181170000 PPD 2019-0035 BCORE DEFENDER CA1W04, LLC 0.756 23 5,804.00 $1.63 $9,460.52 L 15.49 $16.88 $261.42 0258121080000 PPD 2019-0043 MADRONA REAL ESTATE RIALTO, LLC 4.78 24 1,411.00 $1.63 $2,299.93 L 9.02 $13.38 $120.72 0131021400000 PPD 2019-0050 RIALTO METROLINK SOUTH HOUSING PARTNERS, L.P. 1.25 L 0.79 $28.36 $22.47 0131021420000 PPD 2019-0050 RIALTO METROLINK SOUTH HOUSING PARTNERS, L.P. 0.328 L 0.21 $28.36 $5.89 0131021360000 PPD 2018-0094 CENTURY COMMUNITIES OF CALIFORNIA LLC 0.872 25 1,364.11 $3.31 $4,515.22 L 0.77 $28.37 $21.88 0131021370000 PPD 2018-0094 CENTURY COMMUNITIES OF CALIFORNIA LLC 1.06 25 1,658.21 $3.31 $5,488.69 L 0.94 $28.37 $26.60 0131021380000 PPD 2018-0094 CENTURY COMMUNITIES OF CALIFORNIA LLC 1.12 25 1,752.07 $3.31 $5,799.37 L 0.99 $28.37 $28.11 0131021390000 PPD 2018-0094 CENTURY COMMUNITIES OF CALIFORNIA LLC 1.47 25 2,299.60 $3.31 $7,611.67 L 1.30 $28.37 $36.89 Lighting
APN Project ID Owner Acres/Units
Landscape
APPENDIX B
Annexation Territory Assessment Diagram
210
THIS ASEESMENT DIAGRAM CORRECTLY SHOWS EACH SEPARATE LOT
OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE LANDSCAPING AND LIGHTING DISTRICT. FOR DETAILS CONCERNING
THE LINES AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2022-2023.
PROJECT
LOCATION
LINDEN AVE
CACTUS AVE
210
RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2018-0104
VICINITY MAP
NOT TO SCALE
0 1,000 2,000
Feet
LEGEND
PARCEL BOUNDARY
ANNEXATION BOUNDARY
RIALTO BOUNDARY
ASSESSOR'S PARCEL NUMBERXXXX-XXX-XX-XXXX
M:\GIS-Assessment\Rialto\LLMD_No_2_Annex6_PPD_2018-0104_Boundary.mxd 1133-191-28-0000
Not to Scale
1133-191-26-0000 1133-191-27-0000
CASMALIAAVE CASMALIA ST
LOCUST AVE
LAUREL AVE
HIGHLAND AVE (STATE 30 HWY)
RENAISSANCE PKWY
THIS ASEESMENT DIAGRAM CORRECTLY SHOWS EACH SEPARATE LOT
OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE LANDSCAPING AND LIGHTING DISTRICT. FOR DETAILS CONCERNING
THE LINES AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2022-2023.
PROJECT
LOCATION
LINDEN AVE
CACTUS AVE 210
RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2019-0035
VICINITY MAP
NOT TO SCALE
0 500 1,000
Feet
LEGEND
PARCEL BOUNDARY
ANNEXATION BOUNDARY
RIALTO BOUNDARY
ASSESSOR'S PARCEL NUMBERXXXX-XXX-XX-XXXX
M:\GIS-Assessment\Rialto\LLMD_No_2_Annex6_PPD_2019-0035_Boundary.mxd Not to Scale
0240-181-17-0000
BASELINE RD
PALMETTO AVE
TAMARIND AVE
SANTA ANA AVE
WILLOW AVE
RIVERSIDE AVE
THIS ASEESMENT DIAGRAM CORRECTLY SHOWS EACH SEPARATE LOT
OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE LANDSCAPING AND LIGHTING DISTRICT. FOR DETAILS CONCERNING
THE LINES AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2022-2023.
PROJECT
LOCATION
CACTUS AVE
SLOVER AVE
RIVERSIDE AVE
SANTA ANA AVE
CACTUS AV
W
ILLOW
AV
10 RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2019-0043
VICINITY MAP
NOT TO SCALE
0 500 1,000
Feet
LEGEND
PARCEL BOUNDARY
ANNEXATION BOUNDARY
RIALTO BOUNDARY
ASSESSOR'S PARCEL NUMBERXXXX-XXX-XX-XXXX
M:\GIS-Assessment\Rialto\LLMD_No_2_Annex6_PPD_2019-0043_Boundary.mxd Not to Scale
0258-121-08-0000
THIS ASEESMENT DIAGRAM CORRECTLY SHOWS EACH SEPARATE LOT
OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE LANDSCAPING AND LIGHTING DISTRICT. FOR DETAILS CONCERNING
THE LINES AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2022-2023.
PROJECT
LOCATION
RIVERSIDE AVE
W
ILLOW
AV
CACTUS AV
W
ILLOW
AV
66 RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2019-0050
VICINITY MAP
NOT TO SCALE
0 500 1,000
Feet
LEGEND
PARCEL BOUNDARY
ANNEXATION BOUNDARY
RIALTO BOUNDARY
ASSESSOR'S PARCEL NUMBERXXXX-XXX-XX-XXXX
M:\GIS-Assessment\Rialto\LLMD_No_2_Annex6_PPD_2019-0050_Boundary.mxd Not to Scale
0131-021-42-0000 0131-021-40-0000
BONNIE VIEW DR
RIVERSIDE AVE
A.T. & S.F. R.R.
PALM AVE
WILLOW AVE
THIS ASEESMENT DIAGRAM CORRECTLY SHOWS EACH SEPARATE LOT
OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE LANDSCAPING AND LIGHTING DISTRICT. FOR DETAILS CONCERNING
THE LINES AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2022-2023.
PROJECT
LOCATION
RIVERSIDE AVE
W
ILLOW
AV
CACTUS AV
W
ILLOW
AV
66 RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2018-0094
VICINITY MAP
NOT TO SCALE
0 500 1,000
Feet
LEGEND
PARCEL BOUNDARY
ANNEXATION BOUNDARY
RIALTO BOUNDARY
ASSESSOR'S PARCEL NUMBERXXXX-XXX-XX-XXXX
M:\GIS-Assessment\Rialto\LLMD_No_2_Annex6_PPD_2019-0094_Boundary.mxd 0131-021-38-0000
Not to Scale
0131-021-36-0000
0131-021-37-0000
A.T. & S.F. R.R.
BONNIE VIEW DR
WILSON ST
SOUTH ST
WILLOW AVE
RIVERSIDE AVE
0131-021-39-0000