Preliminary Engineer’s Report
Fiscal Year 2023-2024
City of Rialto
Landscaping and Lighting Maintenance District No. 2
Annexation of:
PPD 2020-0012 (Birtcher Logistics Center Rialto)
PPD 2021-0004 (Renaissance Travel Center, LP)
PPD 2021-0043 (Rialto Aparments LLC)
PPD 2021-0063 (CRP/Lovett Rialto Industrial Owner LLC)
Prepared For
September 2023
Table of Contents
Sections
Section i. Engineer’s Statement _________________________________________________ i Section 1. Plans and Specifications ______________________________________________ 6 Section 2. Cost Estimate ______________________________________________________ 9 Section 3. Method of Apportionment ___________________________________________ 12 Section 4. Proposed Assessment _______________________________________________ 17 Tables
Table i-1. Summary of Assessments _____________________________________________ iv Table 2-1. Landscape Cost Estimate for Maintenance _______________________________ 9 Table 2-2. Zone L Lighting Cost Estimate for Maintenance __________________________ 11 Table 3-1. Zone L EBU Factor __________________________________________________ 15 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 Engineer’s Annexation Report Fiscal Year 2023-2024 i
AGENCY:
TO:
PROJECT:
CITY OF RIALTO
CITY COUNCIL
CITY OF RIALTO
STATE OF CALIFORNIA
RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION FISCAL YEAR 2023-2024
PPD 2020-0012 (BIRTCHER LOGISTICS CENTER RIALTO)
PPD 2021-0004 (RENAISSANCE TRAVEL CENTER, LP)
PPD 2021-0043 (RIALTO APARTMENTS LLC)
PPD 2021-0063 (CRP/LOVETT RIALTO INDUSTRIAL OWNER LLC)
Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to dir ection from the City of Ri alto City Council (the “ City Council”), submitted herewith is the "Report," consisting of the following parts, pursua nt to the provis ions of Division 15, Part 2 of t he Streets and Highways Code of the State of Ca lifornia, being the "Landscape and Lighting Act of 19 72," (the “ Act”) as amended, commencing with Section 22500 and Article XIIID of the Cal ifornia Constitution (Proposition 218), and which is in a ccordance wi th Resolution No. ____, adopted by the City of Rialto City C ouncil, San Bernardino County, California ordering the preparation of the Engineer’s Report for t he annexation of territory (t he “Annexation Territory”) into Rialto Landscaping and Lighting Maintenance District No. 2 (hereinafter referred to as the “District” or “LLMD No. 2 ”), and the levy and colle ction of Assessme nts for Fiscal Year 2023-2024. This "Report" is applicable for the ensuing 12-month period, being the Fiscal Yea r commencing July 1, 2023, to June 30, 2024. T he City will conduct a property owner prot est ballot proceeding (her eafter referr ed t o as “Ballot Proceeding”) for the proposed levy o f new assessments for these develo pments. In addition to this Ballot Proceeding, the City Council will conduct a public hearing to consider public testimonies, comments and written protests regarding the annexations, and the levy of the new assessments. Upon conclusion of the public hearing, property owner ballots received will be opened and tabulated to determine whether a majority protest exists:
“A majority p rotest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the asse ssment exceed the ballot s su bmitted in favor of th e assessment. In tabulatin g th e ballots, the b allots shall b e weig hted accordi ng to the proportional finan cial obligat ion of the affected property.”
The area proposed to be annexed to this District has been conditioned as part of its development agreement to provide for a means to fina nce the ongoing maintenan ce of related pub lic improvements either by annexat ion 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 ballot tabulation, the City Council may adopt and approve the Engineer’s Rep ort (hereafter r eferred to as “Report”) as amended, order the annexation of the A nnexation Territory, approve th e re lated assessment diagrams, and c onfirm the assessments. The assessments and annexation as approved shall be made part of, and incorpo rated as part of, t he District’s annual Engineer’s Report for Fiscal Year 2023-2024 and together with the assessments for other properties within the District shall be finalized, approved and submitted to the County Auditor/Controller for inclusio n on the property tax roll f or 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 2023-2024
ii
SECTION 1 PLANS AND SPECIFICATIONS of the improvements to be maintai ned and/or improved for Fiscal Year 2023-2024. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the g eneral nat ure, location, and extent of the improvements.
SECTION 2 A COST ESTIMATE of the improvements to be mai ntained and/or im proved fo r the mentioned Fiscal Year.
SECTION 3 A METHOD OF APPORTIONMENT showing the pro portionate amou nt of the assessment to be charged in pr oportion to the benefit received by each lot or parcel within t he Annexation Territory boundaries as shown in Appendix B.
SECTION 4 The PROPOSED ASSESSMENTS contain the total costs an d expense of the proposed improvements for Fiscal Year 2023-2024 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 im provements, 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 betw een Webb Municipal Finance, LLC and my employer), acting on behalf of t he City of Rialto, pursuant to the Act do hereby assess and apportion the total amount of the cos ts 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 , 2023.
i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
iii
Final approval, confirmation and levy of the annual assess ment and all matters in the Engineer's "Report" were made on the _______ day of _____________, 2023, by adoption of Resolution No. _________ by City Council.
CITY CLERK
CITY OF RIALTO
STATE OF CALIFORNIA
A copy of the Assessment Roll and Engineer's "Report" were filed in the City Clerk’s Office on the _______ day of _______________, 2023.
CITY CLERK
CITY OF RIALTO
STATE OF CALIFORNIA
i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
iv
WHEREAS, on September 26, 2023, the City Council of the City of Rialto (the “City”), State of California, under the Act, adopted its Resolution Initiating P roceedings for annexing the territory into LLMD No. 2 and the Levy and Collection of Assessments. The area(s) of the annexation shall be known as: “Annexation Territory” or (the “Annexation”).
WHEREAS, the Resolution of Initiation directed Webb Municipal Finance, LLC to prepare and file a report presenting plans and specif ications describing the g eneral nature, lo cation, and extent of the impr ovements to be maintained, an estimate of the costs of the maintenance, op erations and servicing of the improvement s for the Annexation to LLMD No. 2 for the referenced fiscal 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 maintenance, operations and servicing of the improvements, assessing 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, t he following assessments are intended to fund t he es timated costs of maintena nce, operation, and servicing of said improvements to be paid by the a ssessable real property within the Annexation 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 34 Assessments
Annexation Total Assessment
Assessment Rate per
EBU
PPD 2020-0012 $14,277.17 $1.63
Zone 35 Assessments
Annexation Total Assessment
Assessment Rate per
EBU
PPD 2021-0004 $11,566.48 $1.63
Zone 36 Assessments
Annexation Total Assessment
Assessment Rate per
EBU
PPD 2021-0043 $6,200.52 $1.63
Zone 37 Assessments
Annexation Total Assessment
Assessment Rate per
EBU
PPD 2021-0063 $9,678.94 $1.63
i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
v
Zone L Assessments
Annexation Total Assessment
Assessment Rate per
EBU
PPD 2020-0012 $418.29 $16.88
PPD 2021-0004 $156.82 $16.88
PPD 2021-0043 $261.47 $16.88
PPD 2021-0063 $120.66 $13.37
1. Plans and Specification
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
6 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 2020-0012: This proposed non-residential development is located north of Valley Boulevard and west of Willow Avenue.
PPD 2021-0004: This proposed non-residential development is located south of West Renaissance Parkway and east of North Alder Avenue.
PPD 2021-0043: This proposed multi-family apartment complex development is located north of Foothill Boulevard and east of Acacia Avenue.
PPD 2021-0063: This proposed non-residential development is located north of Renaissance Parkway, south of Highland Avenue, and west of Locust Avenue.
Assessment Diagram
The Assessment Diagram for the Annexation Territory is attached. The lines and dimensions shown on the map of the County Assessor of the Count y of San Bernardino for the current year are incorporated by reference in Appendix B herein and made part of this Report.
Zones of Benefit
For Fiscal Year 2023-2024, all Annexation Territory shall be identified and grouped into zones of benefit referred to as Zones. Th ese Zones identify specific parcels and developments tha t receive spec ial benefit from the maintenance, operation, and servicing of various District improvements. E ach Zone reflects the improvements (street lighting and/or landscaping) associated with the development of properties in that Zone in order to fairly and equitabl y apportion the net cost o f pr oviding those impr ovements to the properties that receive specia l benefit from t he maintenance and oper ation of such improvements. B y establishing and util izing a Z one structure, similar properties with similar typ es of improvements will be assessed a pro portional amount for the total annual expenses related to the mai ntenance, operation, and servicing of the improvements pro vided by the Distric t and for whic h the pro perties r eceive special benefits. The following is a brief desc ription of the District Zones to which the Annexation Territory is proposed to be annexed:
Zones 34, 35, and 37 : These Zones include developments and parcels th at are classified as non -residential properties for which the District provides the maintenance, operation, and servicing of:
• Parkway landscaping on the perimeter of the development 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 developing the properties within t hat part icular developmen t or was previously installed, but nec essary for the development of such property.
Zone 36: This Zone includes parcels within multi -family residential developments (where individual parcels have two or more residential units) and/ or residential condominium/ townhome subdivisions (where each residential unit is assigned its own Assessor’s Parcel Number) for which the District provides for t he maintenance, operation and servicing of:
Local Street Lighting adjacent to and/ or in close proximity to the development or property, but not within the residential development;
1. Plans and Specification
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
7 Parkway landscaping on the per imeter of the development/subdivision 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 developing the properties within that particular development or was previously installed, but necessary for the development of such property.
Zone L : This Zone inclu des dev elopments and parcels for w hich t he District provides the maintena nce, operation, and servicing of street lighting adjacent to and/or in close proximity to the development or property.
Annexation Territory for Fiscal Year 2023-2024
As directed by the City Council, this Report addresses the proposed annexation of additional non-residential and residential ter ritory t o the D istrict for Fisca l Ye ar 2023-2024, consisting of the f ollowing d evelopment(s) including all the lots, parcels, and subdivisions of land therein and generally described as:
PPD 2020-0012: This development consists of four (4) parcels proposed for industrial development on 20.88 acres of land. This development is being annexed to the District as Z one 34 and part of Zone L for Fiscal Year 2023-2024 to provide funding for the landscaping and lighting associated with the development.
PPD 20 21-0004: This development consists of one (1) parcel proposed for commercial development on 4.31 acres of land. This development is being annexed to the District as Zone 35 and part of Zone L for Fiscal Year 2023-2024 to provide funding for the landscaping and lighting associated with the development.
PPD 20 21- 0043: This development consists of four (4) parcels proposed for multi -family apartment complex development on 8.06 acres of land. This development is being annexed to the District as Zone 36 and part of Zone L for Fiscal Year 2023-2024 to provi de funding for the landscaping and light ing as sociated with the development.
PPD 2021-0063: This development consists of one (1) parcel proposed for industrial development on 5.84 acres of land. This development is being annexed to the District as Zone 37 and part of Zone L for Fiscal Year 2023- 2024 to provide funding for the landscaping and lighting associated with the development.
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 landscaped areas within or adjacent to the properties within a particular development such as landsc aped slope s, irrigated and no n-irrigated open spa ce areas, land scaped detention or ret ention basins, and n eighborhood greenbelts, trails, or parks. These lan dscape improvements may include tu rf, ground cover, plants and shrubs, trees, ir rigation and drainage systems, ornamental lighting structures, masonry walls or ot her fencing, entryway monuments, and associated appurtenant facilities located within th e v arious dedicated e asements, right s-of-way o r public prop erties ass ociated with the l andscaped areas. Th e following outlines the loca tion and extent of th e l andscape im provements asso ciated w ith t he properties a nd develo pments within Zones 34, 35, 36 and 37 of the District. Th e deta iled plans and specifications of the District Im provements are on file in the office o f the City Public Works Department and by reference are made part of this Report.
Annexation Territory:
Zone 34 (PPD 2020-0012): Approximately 8,759 square feet along Valley Boulevard and Willow Avenue.
1. Plans and Specification
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
8 Zone 35 ( PPD 2021-0004): Approximately 7,096 square feet along west of Renaissance P arkway and Alder Avenue.
Zone 36 (PPD 2021-0043): Approximately 3,804 square feet along the north side of Foothill Boulevard Zone 37 (PPD 2021-0063): Approximately 5,938 square feet along Locust Street and Renaissance Parkway.
Public Street Lighting Improvements
The street lighting improvements for the D istrict may inclu de but are not limited to, electrical energy and the maintenance, repair or re placement of the l ighting fixtures, pol es, meters, con duits, e lectrical cable a nd 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 2020-0012: Eight (8) 127-watt streetlights on Valley Boulevard and Willow Avenue.
PPD 2021-0004: three (3) 127-watt streetlights on Alder Avenue.
PPD 2021-0043: five (5) 127-watt streetlights on Foothill Boulevard.
PPD 2021-0063: two (2) 185-watt streetlights on Locust Avenue.
2. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
9 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 2023-2024
BUDGET ITEM
Zone 34
(PPD 2020-0012)
Zone 35
(PPD 2021-0004)
DIRECT COSTS
Landscape & Street Light Maintenance $6,950.98 $5,631.25 Other Services and Supply Expenses $798.07 $646.54
Utilities $948.59 $768.49
Subtotal Direct Costs $8,697.63 $7,046.28
ADMINISTRATION COSTS
City Personnel & Miscellaneous Administrative Services $1,157.33 $937.60 Consultant Services $42.22 $34.20
Subtotal Administration Costs $1,199.55 $971.80
TOTAL DIRECT AND ADMINISTRATION COSTS $9,897.18 $8,018.09
LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $4,379.99 $3,548.39 Subtotal Levy Adjustments $4,379.99 $3,548.39
TOTAL ASSESSMENT $14,277.17 $11,566.48
DISTRICT STATISTICS
Total Parcels 4 1
Total EBUs Fiscal Year 2022/2023 8,759.00 7,096.00
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 $14,277.17 $11,566.48
2. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
10 BUDGET ITEM
Zone 36
(PPD 2021-0043)
Zone 37
(PPD 2021-0063)
DIRECT COSTS
Landscape & Street Light Maintenance $3,018.78 $4,712.28 Other Services and Supply Expenses $346.60 $541.03
Utilities $411.97 $643.08
Subtotal Direct Costs $3,777.35 $5,896.40
ADMINISTRATION COSTS
City Personnel & Miscellaneous Administrative Services $502.62 $784.59 Consultant Services $18.34 $28.62
Subtotal Administration Costs $520.96 $813.21
TOTAL DIRECT AND ADMINISTRATION COSTS $4,298.31 $6,709.61
LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $1,902.21 $2,969.33 Subtotal Levy Adjustments $1,902.21 $2,969.33
TOTAL ASSESSMENT $6,200.52 $9,678.94
DISTRICT STATISTICS
Total Parcels 4 1
Total EBUs Fiscal Year 2022/2023 3,804.00 5,938.00
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 $6,200.52 $9,678.94
2. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
11 Table 2-2
Zone L Lighting Cost Estimate for Maintenance
Landscaping and Lighting Maintenance District No. 2, Fiscal Year 2023-2024
BUDGET ITEM
PPD
2020-0012
PPD
2021-0004
PPD
2021-0043
PPD
2021-0063
DIRECT COSTS
Light Maintenance $631.68 $236.88 $394.80 $182.40
Other Services and Supply Expenses $0.00 $0.00 $0.00 $0.00 Personnel Services $0.00 $0.00 $0.00 $0.00
Subtotal Direct Costs $631.68 $236.88 $394.80 $182.40
ADMINISTRATION COSTS
District Administration $15.79 $5.92 $9.87 $4.56
County Administration Fee $0.00 $0.00 $0.00 $0.00
Miscellaneous Administration Expenses $0.00 $0.00 $0.00 $0.00 Subtotal Administration Costs $15.79 $5.92 $9.87 $4.56
TOTAL DIRECT AND ADMINISTRATION COSTS
LEVY ADJUSTMENTS
General Benefit Contribution ($545.08) ($204.40) ($340.67) ($157.39) Reserve Fund Collection/(Contribution) $315.89 $118.42 $197.47 $91.09 Subtotal Levy Adjustments ($229.19) ($85.98) ($143.20) ($66.30)
TOTAL ASSESSMENT $418.29 $156.82 $261.47 $120.66
DISTRICT STATISTICS
Total Parcels 4 1 4 1
Number of Lights 8 3 5 2
Total EBUs Fiscal Year 2023/2024 24.78 9.29 15.49 9.02
Fiscal Year 2023/2024 Rate per EBU $16.88 $16.88 $16.88 $13.37 Fiscal Year 2023/2024 Maximum Rate per EBU $16.88 $16.88 $16.88 $13.37
Maximum Assessable Amount $418.29 $156.82 $261.47 $120.66
3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
12 Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218 entitled “Right t o Vote on Ta xes Act” which added Article XIIID to the California Constitution. While its title refers only to ta xes, 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:
Any as sessment imposed exc lusively to finance the cap ital cost or maintenance a nd op eration expenses for streets.
Any as sessments levied pursuant t o a petition signed b y the pers ons owning all of the parce ls subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessme nts are increased in the future, the City wil l need t o comply w ith the provisions o f Propo sition 218 fo r that portion of the i ncreased assessment formula (e.g., CPI increase).
Proposition 218 do es not def ine the term “street s”, however, based on the opini ons o f t he public agency officials, attorneys, assessment engine ers and Senate Bill 919, i t h as been de termined that s treets i nclude all public imp rovements located wi thin the st reet r ight-of-way. This wo uld include median an d parkway landscaping, traffic signals, safety lighting and street lighting.
Proposition 218 de fines “ assessment” as “any levy or ch arge upon real pr operty b y an agency for a spe cial 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 u pon parcels of real property to pay f or benefits the p arcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in s ome instances, lo cal ch arters. Distinguishing among taxes, fees and ass essments can 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 property. Th e key feature that distinguishes an assessment from a tax, fee or charge is the ex istence of a speci al benefit to rea l proper ty. Wit hout identifying a special benefit , there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of pr ocedures and r equirements that a local governmen t mu st follow to levy a n assessment. In addition to notice, hearing and assessme nt ballot proceeding s, Proposit ion 218 provides that “only special benefits are assessable” and requires a lo cal government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature most every pu blic improvement financed through an asse ssment district contains an element of public benefit. The test is: does there exist, wit h relation to the improvement, a special benefit to the property assessed? The law require s that portion of the cost o f the im provement which benefits the public generally, to be separated from that portion of t he co st o f the improvement which specially be nefits a ssessed properties.
Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular an d distin ct benefit over, and above genera l benefits con ferred on real property loc ated in the district or to the publi c at large. General enha ncement of p roperty value does not constitute “special benefit”.
3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
13 General Benefit
Although the landscap e improvements provided by the District include public easements, rights-of-way, streets and other amenities available or visible to the public at large, it has been determined that the construction and installation of these landscape improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundaries. Furthermore, s imilar landscape impr ovements and ser vices associated with othe r developments within the City of Rialt o are provided and funded by similar assessment districts or are maintained privately by the individual property o wners or associations. Therefore, it has been determined that public access o r use of the landscape improvements b y others is incidental and t here is no mea surable general benefit to properties outside the District or to the public a t large and the landsca pe improv ements p rovided by the District are entirely a specia l ben efit to th e developments and propert ies therein that requi red the installat ion of such improvements.
The street light improvements maintained by the District in Zone L were installed as a c ondition of approval for new development annexing into the Dis trict. Although necessary for the develop ment of these specific properties, the improvements also provide a general benefit to the pass-through traffic on the streets on w hich the lights have been instal led. Based upon the most curren t average daily trip ( ADT) information available, the pass-through traffic represents, on average, 86. 29% of the to tal da ily traffic , resul ting in a general benefit contribution of 86.29% of th e total street light ma intenance cost in Zone L for FY 2020-21. The general benefit contribution may be adjusted for future An nexations or Annual Engineer’s Reports as more current information becomes available.
Method of Apportionment
Pursuant to the L andscaping an d Light ing A ct of 1972 and Article XIII D of the Con stitution of the State of California, all parcels that h ave spe cial benefit c onferred upon them a s a r esult of th e maintenance and operation of improvements shall be identified and the propor tionate special benefit d erived by each identified parcel shall be determined in relatio nship to the e ntire cost of the m aintenance and ope ration of t he improvements. Only parcel s that receive d irect sp ecial benefit are assessed, and each parcel is assesse d in proportion to the estimated benefit received.
The method of apportionment for this District and the Annexation Terri tory ca lculates th e r eceipt of special benefit from the respective improvements based on the land use of the parcels. The special benef it received by each lot or parcel is equated to the overall land us e of the parcels benefiting from th e 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 spe cial be nefit received from the s pecific type of impr ovements and services provided or planned within each respective Zone of the District.
The method of apportionment (method of assessment) developed for this District and the Annexation Territ ory is based on the premise that e ach of the property to be assess ed 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 a ssess t he sp ecial be nefits to each parcel, it is necessary to co rrelate each property’s proportional benefit to o ther pro perties that benefit from th e improvements and services being funded. The Equivalent Benefit Unit method of apportionment uses a basic unit (base value) of assessment that is co mmon to all properties benefiting fr om the imp rovements and services pr ovided a nd assigns a weighted value to each parcel based on an a ssessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to the base value.
3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
14 For this District, ‘Zone L.
EBU Application for Properties in Zones 34, 35, 36 and 37 Non-Residential – This land use is defined as any pr operty or properties t hat have bee n d eveloped or will be developed (vacant la nd) fo r non-residential us e including but not limited to commercial properties, of fice buildings (public or private ), industrial properties, churches or other no n-profit o rganizations; a nd the improvements and se rvices associated with the parcel have been accepted or will be a ccepted by the City for maintenance in the fiscal year. The E BU calculated for each parcel is based on the parcel’s proportional benefit from the landscape improvements identified herein and directly associated with the property.
This land use type is assigned an EBU that is calculated by d ividing the total square footage of the landscaped area associated with that development; by the total acreag e of all propert ies withi n t he developme nt to establish a base value of benefit (landsca pe square footage per acre). The resulting base value of be nefit is then multiplied by each parcel’s specific acreage resulting in the parcel’s proportionate EBU.
EBU Application for Properties in Zone L
In order to ac count for the various watt ages use d i n the streetlights each deve lopment is bringing into the District, a Light EBU Factor is assign ed to ea ch wattage category using 41 Wa tts a s the base unit, which is assigned a Light EBU Factor of one (1). Each higher wattage category is then assigned a Light EBU Factor based on its relation to the base unit of 41 watts.
Non-Residential - For e ach non-residential development annexed int o Zon e L, the t otal number of Li ght EBU Factors fo r that development shall be calcula ted by determining the n umber of l ights wit hin each Wattage Category and multiplying that num ber by the corresponding Light EBU Factor for each Wattage Category. The summation of the calculation for each W attage Category wi ll be t he total Light EBU Factor f or the annexi ng development. The total Light EBU Factors are then divided by the total acreage of the development to attain the Light EBU F actor p er acre. The result ing L ight EBU Fac tor per acre is then multiplied by eac h parcel’s specific acreage resulting in the parcel’s proportionate share of the Light EBU Factor.
Re siden tial - For each residentia l development annexed into Zone L, the total number of Light E BU Factors for that development shall be calculated by d etermining the n umber of lights withi n ea ch Wattage Category and multiplying that number by the corre sponding Light EBU Factor for each Wa ttage Category. The summation of the calculation for each Wattage Category will be the total Light EBU Factor for the annexing development. The total Light EBU Factors are t hen divided by the total number of proposed or actual residential units at buildout to attain the Light EBU Factor per unit.
3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
15 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 34, 35, 36 and 37: The benefit formula applied to parcels within these zones is based on the preceding Equivalent Benefit Unit (EBU) discussion. Each parcel'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
Zone L: The benefit formula applied to parcels within Zone L is base d on the preceding Equivalent Benefit Unit (EBU) discussion. Each parcel's EBU correlates to t he parcel’s special benefit received as compared to all ot her parcels benefi ting from the improvements. T he follow ing fo rmula is used to ca lculate each parcel’s E BU (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 Zo ne of the District, the total number of calculated Equivalent Benefit Units ( EBUs) for the Fiscal Year equals the su m of all individual EBU applied to parcels in that Zone. An assessment amount per EBU (Rate) for the improvements is established by taking th e total cost o f the improvements (amount budgeted) and dividing that amount by the total number of EBUs of all par cels to be assessed. This Rate is then applied back to each parcel’s in dividual EBU to deter mine the parcel’s propo rtionate benefit and ass essment obligation f or the improvements.
To
tal 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 streets and oth er roadways (typically not assig ned an APN by the County); dedicated public easeme nts, r ights-of-way, public gre enbelts a nd parkwa ys; utility rig hts-of-ways; common areas, sliver parcels a nd bifurcated lots; or any other property the City has determined that the parcel cannot be developed or is a publicly owned property that is part of the District improvements or that has little or
3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
16 no improvement valu e. Thes e types of parcels are con sidered to receive little or n o benefit f rom the improvements and are therefore exempt from assessment and are assigned 0.00 EBU.
Special Cases: As with any assessment district, there may be a specific property or properties that the typical land use cl assifications a nd met hod of apport ionment do not co mpletely r eflect the propo rtional special benefits rec eived a s compared to other parcels. U sually, thi s ty pe of issue arises from property -specific development is sues in w hich ei ther the use of that prop erty is signifi cantly rest ricted o r limi ted compared to other properties, or the timing of the City accepting the specific improvements associated with that property as compared to other properties and developments. In these cases, the assessment engineer ma y determine that an a ppropriate calculation of prop ortional benefit would be better reflected by applyi ng a r educed weight ing 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, identifying any parcel as a “Special Case” and dev iating from t he standard metho d of apportionment app lied to o ther properties in the district ultimately affects the proportional assessment of those other properties.
Assessment Range Formula
Any new or inc reased assessment re quires certain noti cing and meeting req uirements b y la w. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increa sed assessment" to e xclude cert ain conditions. T hese conditions included "any assessment that do es not ex ceed an assessment for mula or range of a ssessments previously adopt ed by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (the Proposition 218 implementing legislation).
The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustments to annual assessments wi thout requiring costly notic ing 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 Article XIIID Section 4. The property owner ballots include an Assessment to be approved, 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 percenta ge i ncrease of the L ocal C onsumer Price Index (“CPI” ) for the Riv erside-San Bernardino-Ontario Area for All Urban Co nsumers from January to January. As of January 2018, the Bureau of Labor Statistics (“BLS”) spli t the Lo s Angeles/Riverside/Orange County Area f or All Urban Con sumers to the Los Angeles-Long-Beach-Anaheim Are a and the Riverside-San Bernardino -Ontario A rea. Each F iscal Year, the Maximum Assessment will be recalculated, and a new Maximum Assessment established.
The M axi mum A ssessment is adjusted annual ly a nd is calcu lated independently 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.
4. Proposed Assessment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2023-2024
17 The actual assessment and th e amount of the assessment for the Fiscal Year 2023-2024 apportioned to ea ch parcel a s shown on the lates t equa lized roll at the Co unty As sessor’s o ffice a re lis ted in Appendi x A of this Report. The description of ea ch lot or parcel is part of the record s 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
0132181010000 PPD 2020-0012 QR BIRTCHER WILLOW AVE OWNER LLC 8.46 34 3,548.91 $1.63 $5,784.72 L 10.04 $16.88 $169.48 0132201030000 PPD 2020-0012 QR BIRTCHER WILLOW AVE OWNER LLC 9.45 34 3,964.20 $1.63 $6,461.65 L 11.22 $16.88 $189.31 0254261170000 PPD 2020-0012 QR BIRTCHER WILLOW AVE OWNER LLC 2.06 34 864.15 $1.63 $1,408.57 L 2.44 $16.88 $41.27 0254261260000 PPD 2020-0012 QR BIRTCHER WILLOW AVE OWNER LLC 0.91 34 381.74 $1.63 $622.23 L 1.08 $16.88 $18.23 0240211400000 PPD 2021-0004 RENAISSANCE TRAVEL CENTER LP 4.31 35 7,096.00 $1.63 $11,566.48 L 9.29 $16.88 $156.82 0133171070000 PPD 2021-0043 RIALTO APARTMENTS LLC 2.39 36 1,127.99 $1.63 $1,838.62 L 4.59 $16.88 $77.53 0133171080000 PPD 2021-0043 RIALTO APARTMENTS LLC 2.36 36 1,113.83 $1.63 $1,815.54 L 4.54 $16.88 $76.56 0133171090000 PPD 2021-0043 RIALTO APARTMENTS LLC 1.23 36 580.51 $1.63 $946.23 L 2.36 $16.88 $39.90 0133171310000 PPD 2021-0043 RIALTO APARTMENTS LLC 2.08 36 981.68 $1.63 $1,600.13 L 4.00 $16.88 $67.48 0240211420000 PPD 2021-0063 CRP/LOVETT RIALTO INDUSTRIAL OWNER LLC 5.84 37 5,938.00 $1.63 $9,678.94 L 9.02 $13.37 $120.66 Lighting
APN Project ID Owner Acres/Units
Landscape
APPENDIX B
Annexation Territory Assessment Diagram
SBCFCD CH
W
ILLO
W
AVE
LILAC AVE
S.B.C.F.C.D. CH
VALLEY BLVD
0132-181-01-0000
0132-201-03-0000
0254-261-17-0000
0254-261-26-0000
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 2023-2024.
PROJECT
LOCATION
SLOVER AVE
RIVERSIDE AVE
SANTA ANA AVE
W
ILLO
W
AV
CACTUS AV
10 RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2020-0012
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_Annex10_PPD_2020-0012_Boundary.mxd Not to Scale
W RENAISSANCE PKWY
LAUREL AVE
N ALDER AVE
0240-211-40-0000
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 2023-2024.
PROJECT
LOCATION
ALDER AVE
Cactus Ave
AYALA DR
PALM
ETTO
AVE
SUMMIT ST
HIGHLAND AVE
OLIVE AVE
BANYON ST
210
RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2021-0004
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_Annex10_PPD_2021-0004_Boundary.mxd Not to Scale
FOOTHILL BLVD
ACACIA AVE
66 0133-171-07-0000
0133-171-08-0000
0133-171-09-0000
0133-171-31-0000
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 2023-2024.
PROJECT
LOCATION
ACACIA AVE
BASELINE RD WILLOW AVE
CEDAR AVE
CACTUS AVE
ETIW
ANDA AVE
EASTON ST
BASE LINE RD
FOOTHILL BLVD
210
66 RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2021-0043
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_Annex10_PPD_2021-0043_Boundary.mxd Not to Scale
0240-211-42-0000
RENAISSANCE PKWY
LO
CUST AVE
STATE 30 HWY
LO
CUST AVE
HIGHLAND 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 2023-2024.
PROJECT
LOCATION
210
CACTUS AVE
RIVERSIDE AVE
LINDEN AVE
RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2021-0063
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_Annex10_PPD_2021-0063_Boundary.mxd Not to Scale