Agenda packet — Victorville City Council, February 20, 2024 (part 5 of 5)

EXHIBIT C

6. Lessee agrees that it shall insert the above five provisions in any lease/sublease agreement, by which said Lessee grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the premises herein leased.

7. Lessee will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the Lessee transfers its obligation to another, the transferee is obligated in the same manner as the Lessee. This provision obligates the Lessee for the period during which the property is owned, used, or possessed by the Lessee and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

8. Nothing in the above Provisions 6 or 7 shall be construed as granting permission or consent for the Lessee to sublease or transfer the premises leased herein.

9. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Lessee assures that it will require that its covered sub-organizations provide assurance to the Authority, that they similarly will undertake affirmative action programs and that they will require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E, to the same effect.

10. The Authority reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the Lessee and without interference or hindrance.
11 The Authority reserves the right, but shall not be obligated to the Lessee to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard.

12. This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the Authority and the United States, relative to the development, operation and maintenance of the airport.

13. There is hereby reserved to the Authority, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein leased. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on this airport.

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EXHIBIT C

14. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of building is planned for the Leased Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Leased Premises.

15. Lessee, by accepting this Lease expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land leased hereunder which would violate the obstruction height limitations as set forth in Federal Air Regulation (FAR), Part 77. In the event the aforesaid covenants are breached, the Authority reserves the right to enter upon the land leased hereunder and to remove the offending obstruction, all of which shall be at the expense of the Lessee.

16. The Lessee, by accepting this Lease, agrees for itself, its successors and assigns that it will not make use of the Leased Premises, in any manner which might interfere with the landing and taking off of aircraft from this airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the Authority reserves the right to enter upon the premises hereby leased and causes the abatement of such interference at the expense of the Lessee.

17. It is understood that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958, as amended.

18. This Lease and all the provision hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport or the exclusive or non-exclusive use of the airport by the United States during time of war or national emergency.

19. The following constitutes the Pertinent List of Non-Discrimination Authorities, which are incorporated herein by this reference as if set forth in full:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

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EXHIBIT C
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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EXHIBIT D

USE AND CONDITION OF LEASED PREMISES
The use of the Leased Premises shall include aircraft assembly, maintenance, calibration, storage, and preparation for testing in support of Lessee’s Group 5 autonomous air vehicle program, an autonomous jet powered aircraft.

The condition of the Leased Premises shall be established resulting from a walk-through inspection attended by both Lessor and Lessee prior to the date Lessee takes possession. The findings of this walk-through inspection shall be memorialized at the time of the walk-through via the SCLA Property Lease Checklist.

SCLAA Standard Lease Page 25 Anduril Building 685C

EXHIBIT E

TENANT IMPROVEMENTS
Subject to the terms and conditions of the Lease, Lessor and Lessee hereby affirm and acknowledge that the following items of work shall represent the Tenant Improvements contemplated for Building 685C and the related property within this Lease. The Tenant Improvements are represented in two distinct categories called “schedules”. The Lessor hereby consents to the Lessee performing said Tenant Improvements upon Lessor receiving and approving detailed plans describing the Tenant Improvements Lessee desires to construct. All Tenant Improvements must be approved in writing by Lessor prior to any work being performed. Schedule A below depicts the Tenant Improvements for which the Lessor shall provide the Lessee rent credits per Section 6 of this Agreement.

Schedule B below represents the Tenant Improvements which the Lessor hereby tentatively approves Lessee to undertake, but for which no rent credits shall be provided.

Exhibit E-1 conceptually depicts the anticipated Tenant Improvements.

SCHEDULE A
Location
Bathroom on west
side of Bld. 685C
Description
Construct a demising wall providing for two
separate bathrooms, each of which shall
have at least two toilets and a sink.

Remove all abandoned M.E.P. equipment
and/or facilities.

Notes
Lessee to
coordinate with
adjacent tenant.

Bathroom on west
side of Bld. 685C
Bathroom on west
side of Bld. 685C
S/W corner of Bld.
685C hangar
Throughout Bld.
685C
As needed.

Remove existing lighting and replace
with segregated LED lighting.

Construct a new bathroom
meeting ADA requirements.

Remove any abandoned MEP
and sprinkler equipment.

Lessee to
determine size.

As needed,
where needed.

East side of Bld.
685C
Throughout Bld.
685C
Remodel existing offices per
current building codes.

Patch or repair walls and/or
insulation before painting.

As needed,
where needed.

If needed,
where needed.

Throughout Bld.
685C
Painting Where needed.

Throughout Bld.
685C
Update sprinkler system
and/or related electrical equipment
to a wet pipe only facility.

Throughout
Ramp space west
of Bld. 685A
Remove existing AC pavement, repave with Area depicted
6” PCC over 6” CMB. Set grade to properly on Exhibit A-3. drain. Area to be improved for aircraft shade
structure space, aircraft access & additional
vehicle parking. Post indicator valve and
backflow must be protected in place.

SCLAA Standard Lease Page 26 Anduril Building 685C

Ramp space west
of Bld. 685A
Construct a metal aircraft shade structure, Area depicted approximate size 40’ x 50’. Must maintain at on Exhibit A-3. least 4’ clearance from Bld 685A and 30’ from
Bld 880’s exterior water station.

SCHEDULE B
Location
Throughout Bld.
685C
Description Notes
Where needed,
if needed.

Remove and replace all man doors with
updated panic hardware and electronic
access control.

Throughout Bld.
685C
Install interior security camera system. Where needed,
if needed.

Bld. 685C hangar
bay
Bld. 685C hangar
bay
Bld. 685C hangar
bay
Throughout Bld.
685C
Remove floor coating and polish PCC.

LED hangar lighting upgrade.

If needed.

As needed.

Construct hangar environmental control
systems.

HVAC Improvements
Throughout Bld.
685C
Access control, security camera system, and
intrusion detection.

North of Bld 682 Establish Ground Control Center
SCLAA Standard Lease Page 27 Anduril Building 685C

Exhibit E-1
Bathroom
to be remodeled

ATTACHMENT C
RESOLUTION NO.

SCLAA-24-001
RESOLUTION NO. SCLAA-24-001

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN

CALIFORNIA

LOGISTICS AIRPORT AUTHORITY AMENDING THE ANNUAL
BUDGET FOR FISCAL YEAR 2023-2024
WHEREAS, the Executive Director of the Southern California Logistics Airport Authority did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2023-2024; and
WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 20 23, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and

WHEREAS, the Executive Director or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN

CALIFORNIA LOGISTICS AIRPORT AUTHORITY HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the annual budget for the fiscal year 2023-2024 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below as described in the corresponding Agenda item. 4501119A-45200 $59,856.00
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.

Account Amount Adjusted
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: February 20, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Initiate the Annexation of Tract No. 18980 into Drainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6 Recommendation:

That the Honorable City Council:
1) Approve Resolution No. 24-013 to initiate proceedings to annex Tract No. 18980 into Drainage Facilities Assessment District No. 1;
2) Approve Resolution No. 24-014 to initiate proceedings to annex Tract No. 18980 into Landscape Maintenance Assessment District No. 6;
3) Approve Resolution No. 24-015 to preliminarily approve the Drainage Facilities Assessment District No. 1 Engineer’s Report;
4) Approve Resolution No. 24-016 to preliminarily approve the Landscape Maintenance Assessment District No. 6 Engineer’s Report; and 5) Approve Resolution Nos. 24-017 and 24-018 setting a public hearing date of April 16, 2024.

Fiscal Impact:

There is no fiscal impact associated with the approval of resolutions listed above.

Maintenance and servicing of the drainage and landscaping improvements in future years will be covered by the subsequent annual assessments levied on these and other properties within the boundaries of their assigned districts.

Strategic Plan Goal:

This item aligns with Goal A “Financial Sustainability" and Goal E “Invest in Infrastructure” of the 2023-26 Strategic Plan. Annual assessment revenue supports the expenses for operations, maintenance, and improvement of associated landscaping, parks, and infrastructure.
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Background:

The property owner for Tract Map No. 18980 (Tract 18980) has petitioned the City to annex the tract into the City-Wide Drainage Facilities Assessment District No. 1 (DFAD1) and the Landscape Maintenance Assessment District No. 6 (LMAD 6) to comply with the Conditions of Approval for Tract 18980 which is located on Second Avenue just north of Silica Drive. Tract 18980 is a proposed 17-lot single-family subdivision that includes drainage and landscaping improvements along Second Avenue. This annexation will provide for the perpetual maintenance and servicing of the drainage and landscape improvements by means of a new annual assessment to each property within Tract 18980.

Discussion:

The City formed DFAD 1 and LMAD 6 pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (the Act); the applicable provisions of Proposition 218 (Article XIIID of the California Constitution, hereinafter referred to as the “California Constitution”); and Government Code section 53753, part of the Omnibus Act.

DFAD 1 and LMAD 6 allows the City to collect assessments for maintaining and servicing the drainage and landscaping improvements within these districts. Assessments are levied and collected annually according to the special benefits received by properties from the improvements provided by the City. The formation documents of DFAD 1 and LMAD 6 contain a mechanism permitting the annual assessment amount to be adjusted from time to time, commensurate with increases in the costs to maintain the drainage and landscaping improvements.

A public hearing regarding the amount of the assessments is conducted annually by the City Council. In accordance with the special benefit calculation contained in the annual Engineer’s Report, the total assessments for DFAD 1 and LMAD 6 are equally distributed amongst all the parcels within the district boundaries. The current annual assessment amounts per parcel are $221.75 for DFAD 1 and $157.12 for LMAD 6. Both districts are adequately funded to perform all required maintenance and servicing of the proposed improvements for Tract 18980.

Sections 22605 through 22613 of the Act, as amplified by the California Constitution and Government Code section 53753, provide procedures for annexation of new territory into an existing assessment district. For Tract 18980 to become subject to the annual assessments applicable to DFAD 1 and LMAD 6, and to receive the level of perpetual maintenance provided to other properties within those assessment districts, annexation to DFAD 1 and LMAD 6 is required.

For this annexation to occur, the City Council must approve a series of eight resolutions at two City Council meetings. Resolutions Nos. 24-013 and 24-014 will initiate annexation, request the City Engineer’s Reports, and file with the City Clerk for City Council consideration. The Engineer’s Reports are required by the Act and include the estimated costs of the annexation, a description of the improvements, special benefits to be received 3 5
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by the parcels, a determination of the estimated amounts of the assessments to be levied upon the properties proposed to be annexed, an annexation map, and other information as required by Article 4 (commencing with section 22565) of the Act and the California Constitution, as amplified by Government Code section 53753.

If the foregoing resolutions are approved, the Engineer’s Reports would be preliminarily approved by Resolution Nos. 24-015 and 24-016, which would also declare the City Council’s intent to annex Tract 18980 into DFAD 1 and LMAD 6. At this same meeting, a fifth and sixth resolution also need to be approved by the City Council to set a public hearing of April 16, 2024, and order the mailing of the public hearing notices and assessment ballots to the property owners within Tract 18980, no less than 45 days prior to said public hearing.

During the April 16, 2024 meeting, the City Council would then conduct the Public Hearing and count the assessment ballots submitted. If at the end of the public hearing, the ballots cast in favor of the annexation exceed the ballots cast in opposition, the City Council may proceed to annex Tract 18980 into DFAD 1 and LMAD 6, approve the Engineer’s Reports for each assessment district, order the assessments to be levied, and complete the subsequent annexations by approving the final resolutions.

Therefore, staff recommends that the City Council approve Resolution No. 24-013 to initiate proceedings to annex Tract 18980 into DFAD 1 and Resolution No. 24-014 to annex into LMAD 6, approve Resolution Nos. 24-015 and 24-016 to preliminarily approve Engineer’s Reports for both districts, and approve Resolution Nos. 24-017 and 24-018 setting a public hearing date of April 16, 2024.

Staff remains available for any questions Council may have.

Attachments: A. Vicinity Map
B. Resolution No. 24-013
C. Resolution No. 24-014
D. Resolution No. 24-015
E. Resolution No. 24-016
F. Resolution No. 24-017
G. Resolution No. 24-018
H. Engineer’s Reports
I. Petitions from Developers

Attachment A
Vicinity Map

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Attachment B
Resolution No. 24-013
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RESOLUTION NO. 24-013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY, TRACT MAP 18980 TO VICTORVILLE DRAINAGE
FACILITIES ASSESSMENT DISTRICT NO. 1 (DFAD NO. 1) AND THE

LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2024/2025
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq., (hereinafter the “Act”) to provide for the continued maintenance, operation and servicing of the drainage landscaping and irrigation improvements installed in and around the drainage facility; and WHEREAS, the City Council has by previous resolutions established and levied annual assessments for the DFAD No. 1, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereinafter referred to as the “Act”) that provides for the collection of assessments by the County of San Bernardino on behalf of the City to pay for the annual maintenance and servicing of drainage landscaping, irrigation improvements and facilities related thereto; and,
WHEREAS, the City Council desires to initiate proceedings for the annexation of territory to the District consisting of Assessor Parcel Number book 3091, page 141, parcel 02, Tract Map 18980 and to levy and collect an annual assessment against the lots and parcels of land within Tract Map 18980 commencing in Fiscal Year 2024/2025 to pay for the operation, maintenance and servicing of drainage landscaping improvements, irrigation and appurtenant facilities related thereto that will provide special benefits to the property pursuant to the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); and, WHEREAS, the City has retained Willdan Financial Services as the Assessment Engineer, for the purpose of assisting with the annexation of territory designated as Tract Map 18980, the establishment of an annual assessment, and to prepare and file an Engineer’s Report with the City Clerk in accordance with Chapter 4 Article 2 of the Act and the provisions of the California Constitution.

WHEREAS, Section 22605 of the Act permits the City Council to make changes in the organization of an assessment district, including the detachment of territory from an existing assessment district under Act Section 22609 and annexation of territory to an existing assessment under Act Section 22608; and
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WHEREAS, in November of 1996, California voters adopted Proposition 218, which among other things, added Article XIIID to the California Constitution (hereinafter the “California Constitution”) to impose additional procedures that local agencies must follow prior to adopting new or increasing existing assessments; and WHEREAS, Tract Map 18980 will contribute to paying for the drainage landscaping area in and around the drainage facility along with other Tracts within the boundaries of DFAD No. 1; and
WHEREAS, the City Council finds that Tract Map 18980 should be considered for annexation to DFAD No. 1, based upon requests by property owners for said annexation, the similarity of existing improvements to be serviced, and a need to better provide for the ongoing maintenance of drainage landscape and irrigation improvements in the designated areas of said tract; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the recitals set forth above are true and correct, and together with definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Proposed Annexation/Detachment Initiated.

That the City Council hereby initiates proceedings in accordance with the provisions of the Act, the California Constitution, and Government Code Section 53753 for the proposed annexation of Tract Map 18980 to DFAD No. 1.

Section 3. Proposed Annexation/Detachment Initiated.

That the proposed area to be annexed to DFAD No. 1 is designated as all the territory within the boundaries described in the map attached hereto as Exhibit A and made a part of this Resolution by this reference (“Tract Map 18980”).

Section 4: Proposed Improvements.

The proposed improvements and services to be provided and for which the property shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the drainage landscaping and irrigation improvements within the public right-of-way or easements associated with the properties within DFAD No. 1 that shall be maintained by the City for the special benefit of the properties therein. The Engineer’s Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.
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Section 5: Annual Special Benefit Assessment.

The City Council hereby determines that in order to provide an appropriate level of maintenance and related services and activities for the improvements within DFAD No. 1 as generally described in Section 4 of this Resolution, it is necessary to levy an annual special benefit assessment on the lots and parcels within DFAD No. 1, Tract Map 18980 identified in this resolution, commencing in Fiscal Year 2024/2025.

Section 6: Designation of Engineer; Engineer’s Report.

The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk an Engineer's Report concerning the proposed annexation of Tract Map 18980 into DFAD No. 1, and the proposed levy of special benefit assessment for the property beginning the fiscal year commencing July 1, 2024, and ending June 30, 2025, in accordance with Chapter 3 Section 22622 of the Act. Said Engineer’s Report shall establish the estimated budget of anticipated expenses and the resulting proposed maximum assessment including an annual inflationary adjustment, which will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the assessment so described may only be imposed pursuant to the provisions of the Act and the California Constitution, Article XIIID.

Section 7. Effective Date.

That this Resolution shall be effective immediately upon its adoption. 5 1
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Exhibit A

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Attachment C
Resolution No. 24-014
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RESOLUTION NO. 24-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY, TRACT MAP 18980 TO VICTORVILLE LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 6 AND THE LEVY AND

COLLECTION OF ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2024/2025
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq., (hereinafter the “Act”) to provide for the continued maintenance, operation and servicing of the public landscaping improvements installed within its boundaries; and,
WHEREAS, the City Council has by previous resolutions established and levied annual assessments for the LMAD No. 6 (hereinafter referred to as “LMAD No. 6”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereinafter referred to as the “Act”) that provides for the collection of assessments by the County of San Bernardino on behalf of the City to pay for the annual maintenance and servicing of local landscaping improvements and facilities related thereto; and,
WHEREAS, the City Council desires to initiate proceedings for the annexation of territory to the District consisting of Assessor Parcel Number book 3091, page 141, parcel 02,Tract Map 18980 and to levy and collect an annual assessment against the lot and parcel of land within Tract Map 18980 commencing in Fiscal Year 2024/2025 to pay for the operation, maintenance and servicing of local landscaping improvements, and appurtenant facilities related thereto that will provide special benefits to the property pursuant to the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); and,
WHEREAS, the City has retained Willdan Financial Services as the Assessment Engineer, for the purpose of assisting with the annexation of territory designated as Tract Map 18980, the establishment of an annual assessment, and to prepare and file an Engineer’s Report with the City Clerk in accordance with Chapter 4 Article 2 of the Act and the provisions of the California Constitution; and, WHEREAS, Section 22605 of the Act permits the City Council to make changes in the organization of an assessment district, including the detachment of territory from an existing assessment district under Act Section 22609 and annexation of territory to an existing assessment under Act Section 22608; and,
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WHEREAS, in November of 1996, California voters adopted Proposition 218, which among other things, added Article XIIID to the California Constitution (hereinafter the “California Constitution”) to impose additional procedures that local agencies must follow prior to adopting new or increasing existing assessments; and, WHEREAS, Tract Map 18980 contains public landscaping areas and related improvements which are similar in nature and type to those of tracts within the boundaries of LMAD No. 6; and,
WHEREAS, the City Council finds that Tract Map 18980 should be considered for annexation to LMAD No. 6, based upon requests by property owners for said annexation, the similarity of existing improvements to be serviced, and a need to better provide for the ongoing maintenance of landscape and irrigation improvements in the designated areas of said tract; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the recitals set forth above are true and correct, and together with definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Proposed Annexation/Detachment Initiated.

Section 3. Designation of Annexation Area.

That the proposed area to be annexed to LMAD No. 6 is designated as all the territory within the boundaries described in the map attached hereto as Exhibit A and made a part of this Resolution by this reference (“Tract Map 18980”).

Section 4. Proposed Improvements.

The Engineer’s Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs. 4 1
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Section 5. Annual Special Benefit Assessment.

The City Council hereby determines that in order to provide an appropriate level of maintenance and related services and activities for the improvements within LMAD No. 6 as generally described in Section 4 of this Resolution, it is necessary to levy an annual special benefit assessment on the lot and parcel within LMAD No. 6, Tract Map 18980 identified in this resolution, commencing in Fiscal Year 2024/2025.

Section 6. Designation of Engineer; Engineer’s Report.

The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk an Engineer's Report concerning the proposed annexation of Tract Map 18980 into LMAD No. 6, and the proposed levy of special benefit assessment for the property beginning the fiscal year commencing July 1, 2024, and ending June 30, 2025, in accordance with Chapter 3 Section 22622 of the Act. Said Engineer’s Report shall establish the estimated budget of anticipated expenses and the resulting proposed maximum assessment including an annual inflationary adjustment, which will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the assessment so described may only be imposed pursuant to the provisions of the Act and the California Constitution, Article XIIID.

Section 7. Effective Date.

That this Resolution shall be effective immediately upon its adoption. 5 1
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Exhibit A

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Attachment D
Resolution No. 24-015
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RESOLUTION NO. 24-015

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE PRELIMINARILY APPROVING THE ENGINEER’S
REPORT FILED IN SUPPORT OF ANNEXATION OF TRACT MAP 18980

TO VICTORVILLE DRAINAGE FACILITIES ASSESSMENT DISTRICT
NO. 1
WHEREAS, on February 20 th, the City Council of the City of Victorville (the “City Council”) adopted a Resolution initiating proceeding for annexing Tract Map 18980 to the City of Victorville Drainage Facilities Assessment District No. 1 (“DFAD No. 1”) to provide for the continued maintenance, operation, and servicing of certain drainage landscape improvements in said tract; and
WHEREAS, the provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (the “Act”), the applicable provisions of Proposition 218 (Article XIIID of the California Constitution), and Government Code Section 53753, (collectively hereinafter the “California Constitution”), the City Engineer or representative has prepared and filed an Engineer’s Report (the “Report”) with the City Clerk relating to the annexation of said tract, which is now being submitted to the City Council for consideration and preliminary approval.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Contents of Engineer’s Report.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Contents of Engineer’s Report.

That the Report for the Annexation of Tract Map 18980 to DFAD No.1 presented for City Council consideration contains the following:
a. A description of the Improvements (Plans and Specifications); and b. The Method of Apportionment of the Assessment detailing the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel, including a description of the Cost Inflator formula(s) that provide for annual inflationary adjustments to the maximum assessment rate currently in effect in DFAD No. 1; and
c. The Estimate of Costs (including the costs of annexation) for providing the improvements and services, and the current maximum assessment rate for properties in DFAD No.1; and
d. An Assessment Diagram (Boundary Map); and
3 1
4 4
2 6
e. An Assessment Roll containing the assessment to be levied for each Assessors’ Parcel Number (APN), attached hereto as Exhibit A, within Tract Map 18980 in accordance with the Estimate of Costs.

Section 3. Approval of Engineer’s Report.

That the Report presented together with this Resolution is hereby approved on a preliminary basis, as submitted, or amended by direction of the City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 4. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 5. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which the Resolution is passed and adopted. 4 1
4 4
2 6

EXHIBIT A
ASSESSOR’S PARCEL NUMBERS
APN Trac
t Property Owner Land Use EB
U
Maximum Rate
per Equivalent
Benefit Unit
2023/2024
Maximum
Assessm
ent
2023/2024
3091-141-02-
0000
1898
0 SILICA HOMES LLC RESIDENTI
AL

17.0 0 $238.01 4,046.17
Note: Tract 18980 will build out to 17 Single-Family Residential Lots which equates to 17 Equivalent Benefit Units (EBUs).
1 1
4 4
2 7
Attachment E
Resolution No. 24-016
2 1
4 4
2 7
RESOLUTION NO. 24-016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE PRELIMINARILY APPROVING THE ENGINEER’S
REPORT FILED IN SUPPORT OF ANNEXATION OF TRACT MAP 18980

TO VICTORVILLE LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 6
WHEREAS, on February 20 th, the City Council of the City of Victorville (the “City Council”) adopted a Resolution initiating proceeding for annexing Tract Map 18980 to the City of Victorville Landscape Maintenance Assessment District No. 6 (“LMAD No. 6”) to provide for the continued maintenance, operation, and servicing of certain landscape improvements in said tract; and
WHEREAS, the provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code Section 22500 et seq. (the “Act”), the applicable provisions of Proposition 218 (Article XIIID of the California Constitution), and Government Code Section 53753, (collectively hereinafter the “California Constitution”), the City Engineer or representative has prepared and filed an Engineer’s Report (the “Report”) with the City Clerk relating to the annexation of said tract, which is now being submitted to the City Council for consideration and preliminary approval.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Contents of Engineer’s Report.

That the Report for the Annexation of Tract Map 18980 to LMAD No. 6 presented for City Council consideration contains the following:
a. A description of the Improvements (Plans and Specifications); and b. The Method of Apportionment of the Assessment detailing the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel, including a description of the Cost Inflator formula(s) that provide for annual inflationary adjustments to the maximum assessment rate currently in effect in LMAD No. 6; and
c. The Estimate of Costs (including the costs of annexation) for providing the improvements and services, and the current maximum assessment rate for properties in LMAD No. 6; and
d. An Assessment Diagram (Boundary Map); and
3 1
4 4
2 7
e. An Assessment Roll containing the assessment to be levied for each Assessor’s Parcel Number (APN), attached hereto as Exhibit A, within Tract Map 18980 in accordance with the Estimate of Costs.

Section 3. Approval of Engineer’s Report.

Section 4. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 5. Certification.

EXHIBIT A
ASSESSOR’S PARCEL NUMBERS
APN Tract Property Owner Land Use EBU
Maximum Rate
per Equivalent
Benefit Unit
2023/2024
Maximum
Assessment
2023/2024
3091-141-02-
0000
1898
0 SILICA HOMES
LLC

RESIDENTI
AL 17.00 168.63 $2,866.71
1 1
4 4
2 9
Attachment F
Resolution No. 24-017
2 1
4 4
2 9
RESOLUTION NO. 24-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE DECLARING ITS INTENTION TO ANNEX TRACT MAP 18980 TO
VICTORVILLE DRAINAGE FACILITIES ASESSMENT DISTRICT NO. 1, TO LEVY ASSESSMENTS ON TRACT MAP 18980 FOR FISCAL YEAR
2024/2025; SETTING A PUBLIC HEARING ON THE PROPOSED
ANNEXATION AND ASSESSMENTS; AND ORDERING HEARING

NOTICES AND ASSESSMENT BALLOTS TO BE MAILED TO THE
PROPERTY OWNERS IN TRACT MAP 18980
WHEREAS, the City Council of the City of Victorville (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did initiate proceedings for the annexation of territory to the Drainage Facilities Assessment District No. 1 (hereafter referred to as the “DFAD No. 1”), consisting of Assessor Parcel Number book 3091, page 141, parcel 02, Tract Map 18980, and the proposed levy and collection of annual special benefit assessment related thereto commencing in Fiscal Year 2024/2025; and,
WHEREAS, the City Council desires to annex Tract Map 18980 into DFAD No. 1, and to levy and collect an annual assessment against the lots and parcels of land within said territory to pay the cost and expenses related to the maintenance, servicing and operation of landscape improvements in and around drainage facilities that provide special benefits to the parcels of land therein as authorized by the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); commencing in Fiscal Year 2024/2025, if no majority protest exist; and, WHEREAS, the Assessment Engineer of Work, Willdan Financial Services, has prepared and filed with the City Clerk an Engineer’s Report (hereafter referred to as the “Report”) in connection with such annexation proceedings and the proposed levy of assessment commencing with Fiscal Year 2024/2025 (said fiscal year beginning July 1, 2024, ending June 30, 2025); in accordance with the Act and the California Constitution; and said Report has been presented to the City Council; and, WHEREAS, pursuant to Article XIIID of the California Constitution, Sections 22605 through 22608 and 22588 of the Act, and Government Code Section 53753, the City Council desires to set a public hearing for the proposed annexation of Tract Map 18980 into DFAD No. 1, and to further order the mailing of notices and assessment ballots to the property owners in Tract Map 18980; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference. 3 1
4 4
2 9
Section 2. Territory.

The territory of land to be annexed to the District incorporates all of the lots and parcels of land that will receive a special benefit from the improvements to be maintained, operated, and serviced through DFAD No. 1 and the lot and parcel of land is inclusive of Assessor Parcel Number book 3091, page 141, parcel 02, which is planned to develop out to seventeen (17) Single-Family Residential lots.

Section 3. Improvements.

That the proposed improvements to be provided, and for which the properties in Tract Map 18980 shall then be assessed following said annexation, are the regular maintenance, servicing, rehabilitation, and irrigation of the drainage landscaping within the DFAD No. 1. Exhibit A outlines a preliminary budget based the overall expenses for DFAD No. 1 for Fiscal Year 2023/2024, the complete budget for DFAD No. 1 can be found in the Consolidated Drainage Facilities Assessment District Engineer’s Report on file with the City Clerk. Said improvements have been determined to be of special benefit to said properties.

Section 4. Intention to Annex and Levy Assessments.

The City Council hereby declares its intention to annex the territory of land to the DFAD No. 1 designated as Tract Map 18980, and to levy and collect annual assessments against the parcels of land within said territory to fund the ongoing cost and expenses of maintaining, operating, and servicing the drainage landscape improvements determined to be of special benefit to the parcels of land therein as outlined in the Engineer’s Report prepared in connection therewith, commencing in Fiscal Year 2024/2025. The City Council finds that the public’s best interest requires such action and levy of assessments
Section 5. Public Hearing.

The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments for Tract Map 18980 in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e); and, notice is hereby given that a public hearing on these matters will be held by the City Council on April 16, 2024, at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 14343 Civic Drive, Victorville, California 92392. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 6. Assessment Balloting.

Pursuant to Article XIIID of the California Constitution, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessment for Tract Map 18980. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for these matters.
4 1
4 4
2 9
Section 7. Notice and Ballots.

The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing and property owner protest ballots to the property owners of record regarding the proposed assessment including the assessment range formula as outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution; and, the notice of the hearing and ballot shall be distributed by first class mail to the property owner(s) of record for each parcel within Tract Map 18980 subject to an assessment, not less than 45 days before the date of the public hearing pursuant to the California Constitution.

Section 8. Protest Proceedings.

The property owner protest ballot proceeding conducted for Tract Map 18980 shall constitute the property owners’ approval or rejection of the annual levy of assessments and assessment range formula described in the Report presented and approved by the City Council. The property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing scheduled for April 16, 2024. After the close of the Public Hearing, pursuant to Section 4(e) of the California Constitution, the City Clerk or their designee shall open and tabulate the ballots returned to determine if majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots, and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment; and, in addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. 5 1
4 4
2 9

EXHIBIT A

DESIGNATED DRAINAGE LANDSCAPE MAINTENANCE AREAS
ESTIMATE OF BUDGET FOR FISCAL YEAR 2023/2024 TRACT MAP 18980

PROPOSED TO BE ANNEXED INTO DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2023/2024
APN: 3091-141-02
FISCAL YEAR 2023/2024 BUDGET

DESCRIPTION
Tract
18980
UTILITIES-ELECTRICITY $1
UTILITIES-WATER USAGE 47
TELEPHONE 9
UTILITIES SUB-TOTAL $57
CITY ADMINISTRATION $31
CONSULTING SERVICES 14
COUNTY FEES 8
ADMINISTRATION SUB-TOTAL $53
MAINTENANCE STAFF SALARY AND BENEFITS $1,595
CONTRACT SERVICES 715
GROUNDS MAINTENANCE 106
IRRIGATION MAINTENANCE 43
INFRASTRUCTURE REPAIRS 47
VEHICLES AND EQUIPMENT 53
TOOLS AND SMALL EQUIPMENT 65
VANDALISM/ACCIDENTS 512
MAINTENANCE SUB-TOTAL $3,136
EXPENDITURE BUDGET $3,246
GENERAL BENEFIT CONTRIBUTION $0
RESERVE COLLECTION/CONTRIBUTION $435
BALANCE TO LEVY $3,680
Equivalent Benefit Units at Built-Out 17
FY 2023/2024 Assessment Rate $216.46
FY 2023/2024 Assessment Rate Not Built $1.00
FY 2023/2024 Max. Allowable Assessment per Benefit Unit-Built $238.01 FY 2023/2024 Max. Allowable Assessment per Benefit Unit-Not Built $1.00 1 1
4 4
2 8
Attachment G
Resolution No. 24-018
2 1
4 4
2 8
RESOLUTION NO. 24-018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE DECLARING ITS INTENTION TO ANNEX TRACT MAP 18980 TO
VICTORVILLE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6, TO LEVY ASSESSMENTS ON TRACT MAP 18980 FOR FISCAL YEAR 2024/2025; SETTING A PUBLIC HEARING ON THE PROPOSED
ANNEXATION AND ASSESSMENTS; AND ORDERING HEARING NOTICES

AND ASSESSMENT BALLOTS TO BE MAILED TO THE PROPERTY
OWNERS IN TRACT MAP 18980
WHEREAS, the City Council of the City of Victorville (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did initiate proceedings for the annexation of territory to the Landscape Maintenance Assessment District No. 6 (hereafter referred to as the “LMAD No. 6”), consisting of Assessor Parcel Number book 3091, page 141, parcel 02, Tract Map 18980, and the proposed levy and collection of annual special benefit assessment related thereto commencing in Fiscal Year 2024/2025; and,
WHEREAS, the City Council desires to annex Tract Map 18980 into LMAD No. 6, and to levy and collect an annual assessment against the lots and parcels of land within said territory to pay the cost and expenses related to the maintenance, servicing and operation of local landscape improvements that provide special benefits to the parcels of land therein as authorized by the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); commencing in Fiscal Year 2024/2025, if no majority protest exists; and,
WHEREAS, the Assessment Engineer, Willdan Financial Services has prepared and filed with the City Clerk an Engineer’s Report (hereafter referred to as the “Report”) in connection with such annexation proceedings and the proposed levy of assessment commencing with Fiscal Year 2024/2025 (said fiscal year beginning July 1, 2024, ending June 30, 2025); in accordance with the Act and the California Constitution; and said Report has been presented to the City Council; and,
WHEREAS, pursuant to Article XIIID of the California Constitution, Sections 22605 through 22608 and 22588 of the Act, and Government Code Section 53753, the City Council desires to set a public hearing for the proposed annexation of Tract Map 18980 into LMAD No. 6, and to further order the mailing of notices and assessment ballots to the property owners in Tract Map 18980; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference. 3 1
4 4
2 8
Section 2. Territory.

The territory of land to be annexed to the District incorporates all of the lots and parcels of land that will receive a special benefit from the improvements to be maintained, operated, and serviced through LMAD No. 6 and those lots and parcels of land are inclusive of Assessor Parcel Number book 3091, page 141, parcel 02, which is planned to develop out to seventeen (17) Single-Family Residential lots.

Section 3. Improvements.

That the proposed improvements to be provided, and for which the properties in Tract Map 18980 shall then be assessed following said annexation, are the regular maintenance, servicing, rehabilitation, and irrigation of the landscaping within the LMAD No. 6. Exhibit A outlines a preliminary budget based the overall expenses for LMAD No. 6 for Fiscal Year 2023/2024, the complete budget for LMAD No. 6 can be found in the Consolidated Landscape Maintenance Assessment District Engineer’s Report on file with the City Clerk. Said improvements have been determined to be of special benefit to said properties.

Section 4. Intention to Annex and Levy Assessments.

The City Council hereby declares its intention to annex the territory of land to the LMAD No. 6 designated as Tract Map 18980, and to levy and collect annual assessments against the parcel of land within said territory to fund the ongoing cost and expenses of maintaining, operating, and servicing the improvements determined to be of special benefit to the parcel of land therein as outlined in the Engineer’s Report prepared in connection therewith, commencing in Fiscal Year 2024/2025. The City Council finds that the public’s best interest requires such action and levy of assessments.

Section 5. Public Hearing.

The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments for Tract Map 18980 in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e); and, notice is hereby given that a public hearing on these matters will be held by the City Council on April 16, 2024, at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 14343 Civic Drive, Victorville, California 92392. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 6. Assessment Balloting.

The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the public hearing and property owner protest ballots to the property owners of record regarding the proposed assessment including the assessment range formula as outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution; and, the notice of the hearing and ballot shall be distributed by first class mail to the property owner(s) of record for each parcel within Tract Map 18980 subject to an assessment, not less than 45 days before the date of the public hearing pursuant to the California Constitution.

Section 8. Protest Proceedings.

The property owner protest ballot proceeding conducted for Tract Map 18980 shall constitute the property owners’ approval or rejection of the annual levy of assessments and assessment range formula described in the Report presented and approved by the City Council. The property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing scheduled for April 16, 2024. After the close of the public hearing, pursuant to Section 4(e) of the California Constitution, the City Clerk or their designee shall open and tabulate the ballots returned to determine if majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots, and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment; and, in addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. 5 1
4 4
2 8

EXHIBIT A

DESIGNATED LANDSCAPE MAINTENANCE AREA
ESTIMATE OF BUDGET FOR FISCAL YEAR 2023/2024 TRACT MAP 18980

PROPOSED TO BE ANNEXED INTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6 FOR FISCAL YEAR 2023/2024
APN: 3091-141-02
FISCAL YEAR 2023/2024 BUDGET
DESCRIPTION TRACT 18980
UTILITIES-ELECTRICITY $29
UTILITIES-WATER USAGE 490
TELEPHONE 41
UTILITIES SUB-TOTAL $560
CITY ADMINISTRATION $34
CONSULTING SERVICES 18
COUNTY FEES 6
ADMINISTRATION SUB-TOTAL $58
MAINTENANCE STAFF SALARY AND BENEFITS $538
CONTRACT SERVICES 1,486
GROUNDS MAINTENANCE 68
IRRIGATION MAINTENANCE 147
INFRASTRUCTURE REPAIRS 6
VEHICLES AND EQUIPMENT 71
TOOLS AND SMALL EQUIPMENT 24
VANDALISM/ACCIDENTS 420
MAINTENANCE SUB-TOTAL $2,760
EXPENDITURE BUDGET $3,379
RESERVE COLLECTION/CONTRIBUTION -$919
BALANCE TO LEVY $2,460
Equivalent Benefit Units at Build Out 17.00
FY 2023/2024 Assessment Rate $144.70
FY 2023/2024 Assessment Rate Not Built $1.00
FY 2023/2024 Max. Allowable Assessment per Benefit Unit $168.63 FY 2023/2024 Max. Allowable Assessment per Benefit Unit- Not Build Out
$1.00

Attachment H
Engineer’s Reports

City of Victorville

Engineer’s Report
Drainage Facilities Assessment
District No. 1
Annexation of Tract Map 18980

Fiscal Year 2023/2024

Intent Meeting: February 20, 2024
Public Hearing: April 16, 2024

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510

www.willdan.com

ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Victorville
Drainage Facilities Assessment District No. 1
Annexation of Tract Map 18980
Fiscal Year 2023/2024
City of Victorville,
San Bernardino County, State of California

Reference is hereby made to the San Bernardino County Assessor’s Parcel Map for a detailed description of the lines and dimensions of the parcel, annexation territory known as Tract Map 18980 that will be subject to the proposed annual assessment.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ______ day of____________, 2024.

By: _____________________________
Fredy A. Bonilla, PE
City Engineer

Willdan Financial Services
Assessment Engineer

By: ________________________________ By: ____________________________ Stacee Reynolds Tyrone Peter
Principal Consultant PE # C81888

I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Ass essment Diagram thereto attached, was filed with me on the _____ day of________, 2024.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the City Council of the City of Victorville, California, on the _____ day of________, 2024.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

Table of Contents
INTRODUCTION ....................................................................................................................... 1 DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1 ............................................................. 1 HISTORICAL BACKGROUND .................................................................................................... 2 ANNEXATION TERRITORY ........................................................................................................ 2 PROCEEDINGS AND REPORT CONTENT .................................................................................. 3 Ballot Proceedings ................................................................................................................................ 3 Report Content ...................................................................................................................................... 4 PART I — PLANS AND SPECIFICATIONS ...................................................................................... 6 DESCRIPTION OF THE DISTRICT .............................................................................................. 6 EXISTING TRACTS IN DISTRICT ................................................................................................ 7 ANNEXATION TERRITORY FISCAL YEAR 2023/2024 .................................................................. 7 Tract Map 18980 ................................................................................................................................... 7 PART II — METHOD OF APPORTIONMENT .................................................................................... 8 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ................................................................ 8 BENEFIT ANALYSIS ................................................................................................................. 9 Landscaping Special Benefit ................................................................................................................. 9 Landscaping General Benefit ................................................................................................................ 9 ASSESSMENT METHODOLOGY .............................................................................................. 10 Exempt Properties .............................................................................................................................. 10 Annual Inflationary Adjustment (Assessment Range Formula) ........................................................... 11 PART III — ESTIMATE OF COSTS................................................................................................ 12 PROPOSED BUDGET AND ASSESSMENTS ............................................................................. 12 Annexation Territory Budget ............................................................................................................... 13 PART IV — BOUNDARY DIAGRAM .............................................................................................. 14 PART V — ASSESSMENT ROLL .................................................................................................. 15 Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

Page 1 ends

Introduction
The City of Victorville (“City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) established the assessment district designated as:

DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1
(hereinafter referred to as “ DFAD No. 1 ” or “District”). Pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Victorville (“City Council”), proposes to annex Tract Map 18980, expanding the improvements to be provided and maintained within the DFAD No. 1, and to conduct a protest ballot proceeding for special benefit assessments to be levied and collected annually on the parcels within the Annexation Territory in order to fund in whole or in part the maintenance and operation of certain public improvements that may include, but is not limited to landscape crews, basins and appurtenant facilities that provide special benefits to th ose properties commencing in Fiscal Year 2024/2025.

As required pursuant to Chapter 1, Article 4 of the 1972 Act, this Drainage Facilities Assessment District Engineer’s Report (“ Report”) shall serve as the detailed report for the annexation of Territory to Drainage Facilities Assessment District No. 1, for Tract Map 18980 (hereafter referred to as the “Annexation Territory”) and the establishment of annual assessments to be levied and collected upon properties within the proposed Annexation Territory in connection with the special benefits each propert y receives from the maintenance and servicing of the improvements to be provided by the City through the District. The assessments described herein will provide an annual funding source to adequately support the ongoing maintenanc e, servicing, operation, and incidental expenses associated with the drainage landscaping and irrigation improvements, as well as the appurtenant facilities and amenities that benefit the identified properties within the Annexation Territory. The Annexation Territory as shown on the diagram contained in Part IV of this Report, encompass all lots and parcels of land within a defined area of the City that will receive special benefits from the ongoing servicing, maintenance, operation, and incidental expenses associated with the improvements to be funded by the assessments. Parcels within the Annexation Territory will be assessed for their proportionate special benefit of the shared drainage landscaping and irrigation improvements and appurtenant facilities.

The City Council of the City of Victorville adopted its General Plan with various elements to provide guidelines for orderly development of property within the City . The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping and appurtenant facilities to enhance the quality of life and to benefit the value of property.

The requirement for the installation of landscaping, streets and appurtenant facilities is a condition of development provided for in the City's Subdivision Ordinance and is a requirement for issuance of a permit for construction of commercial, residential, and planned unit development. These improvements generally include but are not limited to street lights and related equipment and fixtures; various landscape materials such as trees, turf, shrubs, vines, and ground cover; irrigation and drainage systems; structural amenities such as monuments, block walls, retaining walls, or other fencing; hardscapes including mulch, trail and path surfaces, stamped concrete and pavers; recreational amenities such as benches, picnic facilities, play structures; signage; and related appurtenances.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

Page 2 ends

The installation of landscaping and appurtenant facilities is the responsibility of the su b-divider or other development/applicant, triggered by the approval of a tentative subdivision map or other development application. After installation, it is City policy that the servicing, operation, maintenance, repair, and replacement of landscaping and appurtenant facilities in turn become the fiscal responsibility of the properties that specially benefit from the facilities.

HISTORICAL BACKGROUND
The residential subdivision plans for the tracts within DFAD No. 1 were submitted to the City by developers and were approved with certain conditions. One such condition required a means to fund the perpetual maintenance of landscaping within the public right-of-ways and dedicated easement areas. In order to meet this con dition, the developer, as sole- owner of the subdivision property, petitioned the City to form an assessment district. The DFADs were formed by City Council Resolutions in accordance with the Landscape and Lighting Act of 1972, which is Part 2, Division 15 of the California Streets and Highways Code, in order to provide a funding source for the administration, operations and maintenance, and servicing of the landscaping within the District. Each parcel within the DFADs is assessed at a rate equitable to the budget, not exceeding the maximum allowable rate. Future improvement parcels are assessed $1.00 annually until such time the improvements are constructed.

In 2003, Drainage Facilities Assessment District No. 1 was formed by Resolutions 03- 046, 03-047, 03-048 and 03-049. As of Fiscal Year 2023/24, there are thirty-four (34) tracts, and several unimproved parcels of vacant land in the District. Existing drainage facilities improvements are 566,998.40 square feet of detention basins, drainage channels and perimeter landscaping located throughout the City.

ANNEXATION TERRITORY
The Annexation Territory consists of all lots and parcels of land within the planned development identified as Tract Map 18980 which will develop out to seventeen (17) residential units.

This Report has been prepared pursuant to the provisions of the California Constitution and the 1972 Act and shall serve as the detailed Engineer’s Report regarding the annexation of the designated Annexation Territory into the Victorville Drainage Facilities Assessment District No. 1. The proposed assessments will be levied on the properties therein commencing in Fiscal Year 2024/2025 for the proportional special benefits the properties will receive from the ongoing maintenance and servicing of the improvements associated with and/or resulting from the development of properties within the Annexation Territory.

The City Council proposes to annex the Annexation Territory into the District as Tract Map 18980, and to levy and collect annual special benefit assessments on the County tax rolls to provide ongoing funding for the direct expenditures, incidental expenses, and fund balances that are necessary to service and maintain the drainage landscaping and irrigation improvements associated with and resulting from the development of property within the Annexation Territory. The improvements described in this Report for the Annexation Territory are based on the initial improvement and development plans for Assessor Parcel Number 3091- 141-02 and by reference those plans, and specifications are made part of this Report. There are no new improvements being installed, the annexation parcel(s) will benefit from existing improvements.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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The estimated budget provided herein is based on the City’s estimate of the Annexation Territory expenses for local improvements and services in the Annexation Territory. The resulting annual assessments are calculated utilizing the method of apportionment established under Part II — Method of Apportionment and are made pursuant to the 1972 Act and the substantive and procedural provisions of the California Constitution.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Bernardino County Assessor’s Office. The San Bernardino County Auditor/Controller uses APNs and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

PROCEEDINGS AND REPORT CONTENT
This Report specifically addresses the proposed annexation of Territory, the resulting boundary change, the various improvements within the Tract , and the proposed assessment to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the improvements based on the estimated operating and maintenance expenses. The proposed annual assessments to be levied on properties within the Annexation Territory will provide a source of funding for the continued operation, maintenance, and servicing of the drainage landscaping and appurtenant facilities (collectively referred to as “improvements”) to be provided by the District for the special benefit of properties within the Tract.

The District assessments as described herein are based on the City’s estimate of the costs to maintain, operate and service the improvements. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the Annexation Territory may include, but are not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements for each Tract are allocated to the benefiting properties within that Tract using a weighted method of apportionment (refer to Assessment Methodology in Part II — Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. Thus, each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.

Ballot Proceedings
As part of these proceedings, the City shall conduct a property owner protest ballot proceeding (“Ballot Proceeding”) for the proposed levy of an assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4 , and in accordance with the provisions of Government Code, Section 53753 . In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments and written protests regarding the annexation, and the assessments described herein. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists as defined in Article XIIID of the California Constitution.

As specified by the California Constitution, Article XIIID Section 4e :
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists for the proposed Tract Map 18980 assessments, further proceedings to annex the parcels within the District and implementation of the Tract and assessments shall be abandoned.

If tabulation of the ballots indicate that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council by resolution may adopt this Report (as submitted or amended); approve the assessment diagrams (Tract Boundary Diagram) contained herein; order the annexation of the parcels within DFAD No. 1 and the improvements to be made; and confirm the assessments as outlined in this Report.

The assessments as approved, may be levied and collected on the County tax rolls commencing in Fiscal Year 2024/2025. For Fiscal Year 2024/2025 and each subsequent fiscal year, this Tract will be included in the Annual Consolidated Drainage Facilities Assessment District R eport, which shall be prepared and presented to the City Council to address any proposed changes, including Tract Map 18980, as well as any proposed changes to the improvements, budgets, and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of annual assessments for the District.

If in any fiscal year, the proposed annual assessments for parcels with the District exceed the maximum assessments described herein, such an assessment would be considered an increased assessment and must be confirmed through a mailed property owner protest ballot proceeding for the affected parcels before the increased assessment may be imposed.

Report Content
This Report has been prepared in connection with the annexation of parcels into DFAD No. 1 and the resulting assessment for the parcel(s) within Tract Map 18980 established herein in connection with the annexation of Territory for Fiscal Year 2023/2024, pursuant to a resolution of the City Council and consists of the following five (5) parts.

Part I — Plans and Specifications
Contains a general description of the District and tract of benefit (“ Tract”), and specifically addresses the improvements and services that provide special benefits to the parcels within the Annexation Territory which include but is not limited to drainage landscaping and irrigation improvements , and related amenities including operational expenses and fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conjunct ion with these general descriptions of the improvements a visual depiction is provided in the Tract Boundary Diagram contained in Part IV of this Report. The detailed plans and specifications for the improvements in the Annexation Territory are on file in the Public Works Department of the City of Victorville and by reference are made part of this Report.

Part II — Method of Apportionment
Outlines the special and general benefits associated with the improvements to be provided within the Annexation Territory, and the basis upon which the estimated costs to provide such improvements has been apportioned to each parcel of land therein in proportion to the special benefits to be received.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part III — Estimate of Costs
Identifies the estimated annual funding costs (referred to as the “budget”) required for the maintenance and operation of the improvements including, but not limited to, annual maintenance and service expenses, utility costs, related incidental expenses, and fund balances authorized by the 1972 Act and deemed appropriate to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. This budget establishes the maximum assessments to be approved by the property owner(s) of record within the Annexation Territory as part of the Ballot Proceeding.

This section also identifies and outlines an Assessment Range Formula (inflationary adjust ment) that provides for an annual adjustment to the maximum assessment rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.

Part IV — Boundary Diagram
A diagram showing the existing District and Annexation Territory . The lines and dimensions of each lot, parcel, and subdivision of land contained in this diagram are inclusive of all parcels listed in “Part V — Assessment Roll” of this Report and the corresponding County Assessor’s Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot -line adjustments, or parcel changes therein. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the Annexation Territory.

Part V — Assessment Roll
The “Balloted Maximum Assessment” amount for each parcel represents that parcel’s proposed maximum assessment amount for each parcel within Tract Map 18980 commencing in Fiscal Year 2024/2025 and is based on the parcel’s calculated proportional special benefit as outlined in “Part II — Method of Apportionment,” and calculated assessment rate established by the budget in “Part III — Estimate of Costs.” If any section, subsection, subdivision, sentence, clause, phrase, portion, or tract of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report a nd each section, subsection, subdivision, sentence, clause, phrase, portion, or tract thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or tract might subsequently be declared invalid or unconstitutional.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part I — Plans and Specifications

DESCRIPTION OF THE DISTRICT
The purpose of this District and specifically the Annexation Territory is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of drainage landscaping and irrigation improvements, and related appurtenant facilities and services in specified areas of the City. The territory within the District consists of those lots or parcels of land within the City of Victorville for which the City, through the District maintains these local improvements and related amenities installed in connection with the development of those properties and for the benefit of those lots or parcels.

As authorized by the 1972 Act , the improvements provided by the District and associated with each Tract incorporate various local and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within that Tract. The maintenance of the improvements may also include various appurtenances including, but not limited to block walls, retaining walls or other fencing, trail and path surfaces, stamped concrete, pavers, mulch or other hardscapes, irrigation and related electrical equipment and drainage systems, benches, play structures, picnic or other recreational facilities, monuments, signage, ornamental lighting, street lighting, and related equipment. The work to be performed within the respective Tract may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services.

Improvements provided within the District may include but are not limited to:
 Landscaping and related facilities and amenities located within or around the designated drainage facility.

These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or per ennial plantings;
• irrigation and drainage systems such as storm drains, channels, and basins; • structural amenities such as monuments, block walls, retaining walls, or other fencing; and • hardscapes including mulch, trail and path surfaces, stamped concrete, and pavers.

The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement , installation, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or drainage systems, repair or replacement of hardscape improvements and recreational amenities. The City’s Public Works Department shall authorize and schedule such maintenance and servicing as needed and based on available funding.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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EXISTING TRACTS IN DISTRICT
In accordance with the 1972 Act, the District utilizes Tracts to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Each Tract is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Tract. The boundaries of each Tract are based on the improvements to be maintained and the relationship and proximity of the developments and properties that derive special benefits from those specific improvements.

As of Fiscal Year 2023/2024 the District was comprised of the following Tracts and developments:

ANNEXATION TERRITORY FISCAL YEAR 2023/2024
Tract Map 18980
Generally located at the north of Silica Road and west of Second Avenue will develop out to seventeen (17) single-family residential units currently identified by the San Bernardino County Assessor’s Office as parcel 3091-141-02. Improvements within the District are on file with the City.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part II — Method of Apportionment

LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS
The costs of the proposed improvements have been identified and allocated to properties within the Annexation Territory based on proportional special benefit, consistent with the provisions of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIIID of the California Constitution).

The improvements provided by this District and for which properties within the Annexation Territory are assessed, are identified as drainage landscaping and irrigation improvements , and related amenities that were either installed in direct connection with the development of properties to be included within designated Tract Map 18980 or were installed for the benefit of those properties as a result of property development or potential development and were considered necessary elements for the development of such properties to their full and best use. The formulas used for calculating assessments and the designation of Tract herein reflect the composition of parcels within the Annexation Territory, and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel.

In addition to the provisions of the 1972 Act , Article XIIID of the California Constitution outlines specific requirements regarding assessments including the following:

Article XIIID Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service.” Article XIIID Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
Article XIIID Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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BENEFIT ANALYSIS
Drainage Landscaping Special Benefit
Trees, landscaping, hardscaping, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within each District by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. In addition, all of the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each District which confers a particular and distinct special benefit upon the real property within each District.

In The Economic Value of Trees in Urban Areas, written by Phillip Killicoat, Eva Puzio and Randy Stringer in 2002, it is stated:
“Increased property values, increased tax revenues, increased income levels, faster real estate sales turn- over rates, shorter unoccupied periods…have all been linked to tree and landscape presence.” Drainage Landscaping General Benefit
Section 4 of Article XIIID provides that once a local agency, which proposes to impose assessments on property, has identified those parcels that will receive, special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessment imposed.

It has been determined that in most cases, the benefits conferred on other properties or to the public at large is more general in nature and are not consider ed special benefits. For example, the proper maintenance of landscaping and landscape appurtenant facilities within the Districts control dust from blowing onto properties within the Districts but may also indirectly control dust from blowing onto properties outside of the Districts.

The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping throughout the Districts, but also reduces the likelihood that other properties would be affected. In addition, the proper maintenance of landscaping and landscape ornamental structures provides a positive visual experience to persons passing by the Districts. Although these examples could be considered benefits, they are clearly incidental benefits conferred by the proper maintenance of the improvements and not a direct and special benefit to any properties other than those for which the improvements are maintained. The improvements in the Districts create a common landscape theme and neighborhood identity for the parcels within each residential subdivision. Only the parcels which are within the residential subdivisions will be assessed. Accordingly, there is a direct physical and visual nexus between the parcels being assessed and the funding of the improvements that does not exist for those parcels outside of the District boundaries. Therefore, it has been determined that all improvements provided by the Districts are considered only special benefits for assessment purposes unless otherwise noted. Any portion of the improvements and the costs associated with those improvements determined to be a quantifiable general benefit will be funded from other revenue sources and will be excluded from the special benefit assessments.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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ASSESSMENT METHODOLOGY
To assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for assessment districts, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include but is not limited to land use and property size.

For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Tract improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments . Thus, the “benchmark” property (the single-family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit . Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on special benefit to each parcel.

The existing District ’s Method of Apportionment utilizes commonly accepted assessment engineering practices and were established pursuant to the 1972 Act and the provisions of the California Constitution.

The method outlined is based on the premise that each assessed parcel receives benefit from the improvements maintained and financed by the District’s assessments. The desirability of properties within each Tract is enhanced by the presence of well-maintained landscaping in close proximity to those properties.

The costs associated with the improvements are equitably spread among the benefiting parcels within the District and the funds collected shall be dispersed and used only for the improvements and services provided by the District.

The following table provides the weighting factors to various land use types and parcel sizes as reported by the most current year’s San Bernardino County Assessor’s Secured Roll, which determines each parcel’s EBU assignment:

LAND USE EQUIVALENT BENEFIT
UNIT FACTOR NO. OF PARCELS MULTIPLIER
Single-Family Residential 1 1,821 Per Benefit Unit
Reduced Single-Family Residential 1 1,114 Per Benefit Unit TOTAL 2,935
Note: Table information is from Fiscal Year 2023/2024 Consolidated Engineer’s Report. Number of parcels currently listed in the District are before annexation.

Exempt Properties
Publicly owned open space including, but not limited to, parks, recreation fields or other vacant lands are not assessed since the property exists for the benefit of other land uses in the District. Vacant property that cannot be developed for residential, commercial, or industrial uses is not assessed. This includes, but is not limited to, public streets, utility easements, r ights-of-way, common areas, landlocked parcels, and parcels that are too small for development. Additionally, utility rights -of-ways, easements, drainage channels, drainage basins, and parcels that are used solely for the purpose of accessing entry to other parcels, and Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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those parcels that have been vacated by the City that have little to no value and do not benefit from the improvements are also exempt from assessment.

Annual Inflationary Adjustment (Assessment Range Formula) It is recognized that the cost of providing for the improvements described in Part I — Plans and Specifications of this Report will inevitably increase over time as a result of inflation and that any “new or increased assessments” require certain noticing and balloting requirements pursuant to Article XIIID of the California Constitution (Proposition 218). However, Government Code Section 54954.6(a) provides that a “new or increased assessment” does not include “an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of an increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.

In order to assure that the improvement funding is sufficient in the future to address the ongoing maintenance and replacement cost increases that naturally occur over time due to inflation, the special benefit assessments being presented to the property owners in the ballot proceeding conducted in connection with this Report includes an annual inflationary adjustment (assessment range formula). This inflationary adjustment formula provides for the Fiscal Year 2023/2024 maximum assessments (initial maximum assessment rate) established herein for the Annexation Territory to increase by an amount equal to the annual percentage increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Riverside-San Bernardino-Ontario Areas (January of the given year from the previous January or similar period).

The adoption of the maximum assessment rates and the Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the annually adjusted maximum assessment rates. Although the maximum assessment rates that may be levied shall be increased each fiscal year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection.

If the calculated assessment (based on the proposed b udget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through another protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the adjusted maximum assessment rate authorized for that fiscal year.

The Assessment Range Formula shall be applied to the maximum assessment rates for the Annexation Territory Tract Map 18980 commencing in Fiscal Year 2024/2025 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part III — Estimate of Costs
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.

The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the Annexation Territory is the total cost of maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

PROPOSED BUDGET AND ASSESSMENTS
The budgets and assessments outlined on the following page for the Annexation Territory for designated Tract Map 18980 are based on the national standards and related funding necessary for the operation, maintenance and servicing of the District improvements identified in Part I of this Report.

This budget represents an estimate of the special benefit expenses for Fiscal Year 2023/2024 (if built out) at the time this Report was prepared and establishes the maximum assessment rates to be balloted and approved by the property owner(s) of record within the Annexation Territory as part of the Ballot Proceeding.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Annexation Territory Budget

Note: The budget represents the Tract’s fair share of cost if developed and levied in Fiscal Year 2023/24. The budget has been rounded to the nearest dollar.

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Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part IV — Boundary Diagram
The Fiscal Year 2023/2024 District Diagram for Tract Map 18980.

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Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part V — Assessment Roll
Parcel identification for each lot or parcel within the Annexation Territory shall be the parcels as shown on the San Bernardino County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

The following is the lots and parcels of land (parcels) within the Annexation Territory and the corresponding maximum assessments being set for Fiscal Year 2023/2024.

City of Victorville

Engineer’s Report
Landscape Maintenance Assessment
District No. 6
Annexation of Tract Map 18980

Fiscal Year 2023/2024

Intent Meeting: February 20, 2024
Public Hearing: April 16, 2024

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510

www.willdan.com

ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Victorville
Landscape Maintenance Assessment District No. 6
Annexation of Tract Map 18980
Fiscal Year 2023/2024
City of Victorville,
San Bernardino County, State of California

As part of the Resolution of Intention packet presented for the consideration of the Victorville City Council, this Report and the enclosed budget, diagram, and description outline specific proposed changes to the Landscape Maintenance Assessment District No. 6 for Fiscal Year 2023/2024, including the annexation of Territory to the District , the expansion of the improvements to be maintained within the District , and the proposed annual assessments for all parcels within the Annexation Territory commencing in Fiscal Year 2024/2025. Reference is hereby made to the San Bernardino County Assessor’s Parcel Map for a detailed description of the lines and dimensions of the parcels, annexation territory known as Tract Map 18980 that will be subject to the proposed annual assessment.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ______ day of____________, 2024.

By: _____________________________
Fredy A. Bonilla, PE,
City Engineer

Willdan Financial Services
Assessment Engineer

By: ________________________________ By: ____________________________ Stacee Reynolds Tyrone Peter
Principal Consultant PE # C81888

I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Ass essment Diagram thereto attached, was filed with me on the _____day of________, 2024.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

I HEREBY CERTIFY the enclosed Engi neer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the City Council of the City of Victorville, California, on the _____day of________, 2024.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

Table of Contents
INTRODUCTION ......................................................................................................................................... 1 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6 ........................................................... 1 HISTORICAL BACKGROUND ................................................................................................................. 2 ANNEXATION TERRITORY ..................................................................................................................... 2 PROCEEDINGS AND REPORT CONTENT ............................................................................................. 3 Ballot Proceedings ................................................................................................................................................ 3 Report Content ..................................................................................................................................................... 4 PART I — PLANS AND SPECIFICATIONS ...................................................................................... 6 DESCRIPTION OF THE DISTRICT .......................................................................................................... 6 EXISTING TRACTS IN DISTRICT ............................................................................................................ 7 ANNEXATION TERRITORY FISCAL YEAR 2023/2024 .......................................................................... 8 Tract Map 18980 .................................................................................................................................................. 8 PART II — METHOD OF APPORTIONMENT .................................................................................... 9 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ........................................................................ 9 BENEFIT ANALYSIS .............................................................................................................................. 10 Landscaping Special Benefit .............................................................................................................................. 10 Landscaping General Benefit ............................................................................................................................. 10 ASSESSMENT METHODOLOGY .......................................................................................................... 11 Exempt Properties .............................................................................................................................................. 12 Annual Inflationary Adjustment (Assessment Range Formula) .......................................................................... 12 PART III — ESTIMATE OF COSTS................................................................................................ 13 PROPOSED BUDGET AND ASSESSMENTS ....................................................................................... 13 Annexation Territory Budget ............................................................................................................................... 14 PART IV — BOUNDARY DIAGRAM .............................................................................................. 15 PART V — ASSESSMENT ROLL .................................................................................................. 16 Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6
(hereinafter referred to as “ LMAD No. 6” or “District”). Pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Victorville (“City Council”), proposes to annex Tract Map 18980 (hereafter referred to as the “Annexation Territory” and also referred to as “Tract”), expanding the improvements to be provided and maintained within LMAD No. 6, and to conduct a protest ballot proceeding for special benefit assessments to be levied and collected annually on the parcels within the Annexation Territory in order to fund in whole or in part the maintenance and operation of certain public improvements that may include, but is not limited to landscaping, parks and appurtenant facilities that provide special benefits to those properties commencing in Fiscal Year 2024/2025.

As required pursuant to Chapter 1, Article 4 of the 1972 Act, this Landscape Maintenance Assessment District Engineer’s Report (“Report”) shall serve as the detailed report for the annexation of Territory to LMAD No. 6, for Tract Map 18980 and the establishment of annual assessments to be levied and collected upon properties within the proposed Annexation Territory in connection with the special benefits each property receives from the maintenance and servicing of the improvements to be provided by the C ity through the District. The assessments described herein will provide an annual funding source to adequately support the ongoing maintenance, servicing, operation, and incidental expenses associated with the landscape improvements, as well as the appurtenant facilities and amenities that benefit the identified properties within the Annexation Territory. The Annexation Territory as shown on the diagram contained in Part IV of this Report, encompass all lots and parcels of land within a defined area of the City that will receive special benefits from the ongoing servicing, maintenance, operation, and incidental expenses associated with the improvements to be funded by the assessments. Parcels within the Annexation Territory will be assessed for their proportionate special benefit of the shared landscape improvements and appurtenant facilities.

The City Council of the City of Victorville adopted its General Plan with various elements to provide guidelines for orderly development of property within the City. The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping and appurtenant facilities to enhance the quality of life and to benefit the value of property.

The requirement for the installation of landscaping, streets and appurtenant facilities is a condition of development provided for in the City's Subdivision Ordinance and is a requirement for issuance of a permit for construction of commercial, residential, and planned unit development. These improvements generally include but are not limited to street lights and related equipment and fixtures; various landscape materials such as trees, turf, shrubs, vines, and ground cover; irrigation and drainage systems; structural amenities such as monuments, block walls, retaining walls, or other fencing; hardscapes including mulch, trail and path surfaces, stamped concrete and pavers; recreational amenities such as benches, picnic facilities, and play structures; signage; and related appurtenances.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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HISTORICAL BACKGROUND
The residential subdivision plans for the tracts within LMAD No. 6 were submitted to the City by developers and were approved with certain conditions. One such condition required a means to fund the perpetual maintenance of landscaping within the public right-of-ways and dedicated easement areas. In order to meet this condition, the developer, as sole owner of the subdivision property, petitioned the City to form an assessment district. The LMADs were formed by City Council Resolutions in accordance with the Landscape and Lighting Act of 1972, which is Part 2, Division 15 of the California Streets and Highways Code, in order to provide a funding source for the administration, operations and maintenance, and servicing of the landscaping within the District. Each parcel within the LMADs is assessed at a rate equitable to the budget, not exceeding the maximum allowable rate. Future improvement parcels are assessed $1.00 annually until such time the improvements are constructed.

This Report has been prepared pursuant to the provisions of the California Constitution and the 1972 Act and shall serve as the detailed Engineer’s Report regarding the annexation of the designated Annexation Territory into the Victorville Landscape Maintenance Assessment District No. 6. The proposed assessment s will be levied on the properties therein commencing in Fiscal Year 2024/2025 for the proportional special benefits the properties will receive from the ongoing maintenance and servicing of the improvements associated with and/or resulting from the development of properties within the Annexation Territory.

The City Council proposes to annex the Annexation Territory into the District as Tract Map 18980, and to levy and collect annual special benefit assessments on the County tax rolls to provide ongoing funding for the direct expenditures, incidental expenses, and fund balances that are necessary to service and maintain the landscaping improvements associated with and resulting from the development of property within the Annexation Territory. The improvements described in this Report for the Annexation Territory are based on the initial improvement and development plans for Assessor Parcel Number 3091- 141-02 and by reference those plans, and specifications are made part of this Report. There are no new improvements being installed, the annexation parcel(s) will benefit from existing improvements.

The estimated budget provided herein is based on the City’s estimate of the expenses for local improvements and services within the Annexation Territory. The resulting annual assessments are calculated utilizing the method of apportionment established under Part II — Method of Apportionment and are made pursuant t o the 1972 Act and the substantive and procedural provisions of the California Constitution .

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Bernardino County A ssessor’s Office. The San Bernardino County Auditor/Controller uses APNs and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

PROCEEDINGS AND REPORT CONTENT
This Report specifically addresses the proposed annexation of Territory, the resulting boundary change, the various improvements within the Tract , and the proposed assessment to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the improvements based on the estimated operating and maintenance expenses. The proposed annual assessments to be levied on properties within the Annexation Territory will provide a source of funding for the continued operation, maintenance, and servicing of the landscaping and appurtenant facilities ( collectively referred to as “improvements”) to be provided by the District for the special benefit of properties within the Tract.

As specified by the California Constitution, Article XIIID Section 4e :
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists for the proposed Tract Map 18980 assessments, further proceedings to annex the parcels within the District and implementation of the Tract and assessments shall be abandoned.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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If tabulation of the ballots indicate that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council by resolution may adopt this Report (as submitted or amended); approve the assessment diagrams (Tract Boundary Diagram) contained herein; order the annexation of the parcels within LMAD No. 6 and the improvements to be made; and confirm the assessments as outlined in this Report.

The assessments as approved, may be levied and collected on the County tax rolls commencing in Fiscal Year 2024/2025. For Fiscal Year 2024/2025 and each subsequent fiscal year, t his Tract will be included in the Annual Consolidated Landscape Maintenance Assessment District Report, which shall be prepared and presented to the City Council to address any proposed changes, including Tract Map 18980, as well as any proposed changes to the improvements, budgets, and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of annual assessments for the District.

Report Content
This Report has been prepared i n connection with the annexation of parcel s into LMAD No. 6 and the resulting assessment for the parcel(s) within Tract Map 18980 established herein in connection with the annexation of Territory for Fiscal Year 2023/2024, pursuant to a resolution of the City Council and consists of the following five (5) parts.

Part I — Plans and Specifications
Contains a general description of the District and tract of benefit (“ Tract”), and specifically addresses the improvements and services that provide special benefits to the parcels within the Annexation Territory which include, but is not limited to local landscaping, and related amenities including operational expenses and fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conjunction with these general descriptions of the improvements a visual depiction is provided in the Tract Boundary Diagram contained in Part IV of this Report. The detailed plans and specifications for the improvements in the Annexation Territory are on file in the Public Works Department of the City of Victorville and by reference are made part of this Report.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part V — Assessment Roll
The “Balloted Maximum Assessment” amount for each parcel represents that parcel’s proposed maximum assessment amount for each parcel within Tract Map 18980 commencing in Fiscal Year 2024/2025 and is based on the parcel’s calculated proportional special benefit as outlined in “Part II — Method of Apportionment,” and calculated assessment rate established by the budget in “Part III — Estimate of Costs.” If any section, subsection, subdivision, sentence, clause, phrase, portion, or tract of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, or tract thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or tract might subsequently be declared invalid or unconstitutional.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part I — Plans and Specifications

DESCRIPTION OF THE DISTRICT
The purpose of this District and specifically the Annexation Territory is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of local landscaping, and related appurtenant facilities and services in specified areas of the City. The territory within the District consists of those lots or parcels of land within the City of Victorville for which the City, through the District maintains these local improvements and related amenities installed in connection with the development of those properties and for the benefit of those lots or parcels.

As authorized by the 1972 Act , the improvements provided by the District and associated with eac h Tract incorporate various local and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within that Tract. The maintenance of the improvements may also include various appurtenances including, but not limited to block walls, retaining walls or other fencing , trail and path surfaces, stamped concrete, pavers, mulch or other hardscapes, irrigation and related electrical equipment and drainage systems , benches, pl ay structures, picnic or other recreational facilities, monuments, signage, ornamental lighting, street lighting, and related equipment. The work to be performed within the respective Tract may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services.

Improvements provided within the District may include but are not limited to:
 Landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side-panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and neighborhood parks within each respective Tract. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perenni al plantings;
• irrigation and drainage systems;
• structural amenities such as monuments, block walls, retaining walls, or other fencing; and • hardscapes including mulch, trail and path surfaces, stamped concrete, and pavers.

The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement , installation, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or drainage systems, repair or replacement of hardscape improvements and recreational amenities. The City Public Works Department shall authorize and schedule such maintenance and servicing as needed and based on available funding.

This new Annexation Territory Tract Map 18980 will pay for shared improvements with other Tracts in LMAD No. 6, there is no new landscaping being installed.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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As of Fiscal Year 2023/2024 the District was comprised of the following Tracts and developments.

TRACTS LOCATION
5764, 6785, 7225, 8399 Rancho, El Evado; Canterbury; Eucalyptus; Village 9114, 9139,10342 Second Ave; Third Ave, Burwood; Verbena 10346, 10350 Bellflower; Dos Palmas
13318, 13324, 13411 Braceo; Monte Vista; Pena, Lindero
13535, 13537 Cypress, Nisqualli; Mojave, Joshua
13542, 13624 Hook, Mesa Linda; Eucalyptus
13637, 13638 HWY 395, Mesa; Mesa, Mesa Linda
13641, 13644 Topaz, Eucalyptus; Mesa, Topaz
13816, 14057 Diamond, Cobalt; Cordova, Tawney
14183, 14521 Topaz, Bizcane; Ninth, Ottawa
14623, 14647 Arrowhead, Ottawa; Winona, Seventh
14751, 15294 Topaz, Dawn; Mesa View, Pena
15295, 15456 Mesa View, Joshua; Amethyst, Starshine
16463, 16524 Diamond, Tawney Ridge; Topaz, Dos
16632, 16719 Princeton; Mojave, Onyx
16720, 16755 Eucalyptus; Mesa View, La Mesa
16777, 16778 Cypress; Cypress, Ottawa
16792, 16807 Feather Rock; Amargosa, Harlow
16843, 16844 Dos Palmas, Topaz
16856, 16861 Mesa View, Forrest; Arrowhead
16905, 16936 Cantina; Cypress, Greyrock
16955, 16994 Tawney Ridge, El Evado; Cantina
17047, 17089 Third Avenue, Nisqualli; Mesa Linda, Verano 17090, 17157 Mesa View, La Mesa; Topaz, Hook
17179, 17241 Seventh, Talpa; Third Ave, Silica
17316, 17426 Seventh, Ottawa; Talpa, Third Ave
17595, 18218 La Mesa, Evelyn; Silica, Second
39416, 39509 Hopland, Cobalt, Northstar
40533, 47215 Mojave, Mesa; Rancho
48002 Seneca, Green
9636, 9637, 9638 Nassau, Milburn; Mesa View
14062-1, 14132-1, 14751 Mesa View, La Mesa; Talpa, Third Ave; Bear Valley, Pena 14798-1, 15363-1 Burwood, Third Ave; Mojave, Ferndale
15310-1,2,3,4 Mesa Linda, La Mesa
15598-1,2,3,4,5 Capistrano, Desert Lily
15896-1, 16718-1 Winona, Ninth; Botella
15973-1,3,4 Sequioa, Mesa Linda, Sierra
Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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TRACTS LOCATION
16063-1,2,3 Ridgecrest, Bluffcrest, Park Glen
16242-1,2; 16479-1,2 Richmond; Quail Cove, Amethyst
16244-1,2 Arrowhead, Ottawa
16574-1,2,3,4,5 Breckenridge, Dos Palmas
16887-1,2 HWY 395, Eucalyptus
17163-1; 17292-1,2 Cordoba, Hillendale; Mesa View
14499 High Crest St, High Vista St
14721 S Bear Valley, Pena
14741 NE Topaz, Luna
14992 NE Topaz, Luna
20274 SE Sycamore, Amethyst
20275 Monte Vista, Luna
20280 Hopland, Cahuenga

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part II — Method of Apportionment

The improvements provided by this District and for which properties within the Annexation Territory are assessed, are identified as local landscaping and related amenities that were either i nstalled in direct connection with the development of properties to be included within designated Tract Map 18980 or were installed for the benefit of those properties as a result of property development or potential development and were considered necessary elements for the development of such properties to their full and best use. The formulas used for calculating assessments and the designation of Tract herein reflect the composition of parcels within the Annexation Territory, and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel.

In addition to the provisions of the 1972 Act , Article XIIID of the California Constitution outlines specific requirements regarding assessments including the following:

Article XIIID Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service.” Article XIIID Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
Article XIIID Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment wil l be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost o f the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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BENEFIT ANALYSIS
Landscaping Special Benefit
Trees, landscaping, hardscaping, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within each District by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. In addition, all of the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each District which confers a particular and distinct special benefit upon the real property within each District.

In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
“... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City...” In The Economic Value of Trees in Urban Areas, written by Phillip Killicoat, Eva Puzio and Randy Stringer in 2002, it is stated:
“Increased property values, increased tax revenues, increased income levels, faster real estate sales turn- over rates, shorter unoccupied periods…have all been linked to tree and landscape presence.” It should be noted that the definition of “parkways” above may include the roadway as well as the landscaping alongside the roadway including City-owned and maintained trees within the public right-of-way.

Landscaping General Benefit
Section 4 of Article XIIID provides that once a local agency, which proposes to impose assessments on property, has identified those parcels that will receive special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessment imposed.

It has been determined that in most cases, the benefits conferred on other properties or to the public at large is more general in nature and are not considered special benefits. For example, the proper maintenance of landscaping and landscape appurtenant facilities within the Districts control dust from blowing onto properties within the Districts but may also indirectly control dust from blowing onto properties outside of the Districts.

The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping throughout the Districts, but also reduces the likelihood that other properties would be affected. In addition, the proper maintenance of landscaping and landscape ornamental structures provides a positive visual experience to persons passing by the Districts. Although these examples could be considered benefits, they are clearly incidental benefits conferred by the proper maintenance of the improvements and not a direct and special benefit to any properties other than those for which the improvements are maintained. The improvements in the Districts create a common landscape theme and neighborhood identity for the parcels within each residential subdivision. Only the parcels which are within the residential subdivisions will be assessed. Accordingly, there is a direct physical and visual nexus between the parcels being assessed and the funding of the improvements that does not exist for those parcels outside of the District boundaries. Therefore, it has been determined that all improvements provided by the D istricts are considered only special benefits for assessment purposes unless otherwise noted. Any portion of the Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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improvements and the costs associated with those improvements determined to be a quantifiable general benefit will be funded from other revenue sources and will be excluded from the special benefit assessments.

For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Tract improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments . Thus, the “benchmark” property (the single-family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit . Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or met hod that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on special benefit to each parcel.

The existing District’s Method of Apportionment utilizes commonly accepted assessment engineering practices and were established pursuant to the 1972 Act and the provisions of the California Constitution.

LAND USE EQUIVALENT BENEFIT UNIT
FACTOR
NO. OF

PARCELS MULTIPLIER
Single-Family Residential 1 6,061 Per Benefit Unit
Reduced Single-Family Residential 1 757 Per Benefit Unit TOTAL 6,818
Note: Table information is from the Fiscal Year 2023/2024 Consolidated Engineer’s Report. The number of parcels currently listed in the District are before annexation.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Exempt Properties
Publicly owned open space including, but not limited to, parks, recreation fields or other vacant lands are not assessed since the property exists for the benefit of other land uses in the District. Vacant property that cannot be developed for residential, commercial or industrial uses is not assessed. This includes, but is not limited to, public streets, utility easements, rights-of-way, common areas, landlocked parcels and parcels that are too small for development. Additionally, utility rights -of-ways, easements, drainage channels, drainage basins, and parcels that are used solely for the purpose of accessing entry to other parcels, and those parcels that have been vacated by the City that have little to no value and do not benefit from the improvements are also exempt from assessment.

Annual Inflationary Adjustment (Assessment Range Formula) It is recognized that the cost of providing for the improvements described in Part I — Plans and Specifications of this Report will inevitably increase over time as a result of inflation and that any “new or increased assessments” require certain noticing and balloting requirements pursuant to Article XIIID of the California Constitution (P roposition 218). However, Government Code Section 54954.6(a) provides that a “new or increased assessment” does not include “an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of an increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.

In order to assure that the improvement funding is sufficient in the future to address the ongoing maintenance and replacement cost increases that naturally occur over time due to inflation, the special benefit assessments being presented to the property owners in the ballot proceeding conducted in connection w ith this Report includes an annual inflationary adjustment (assessment range formula). This inflationary adjustment formula provides for the Fiscal Year 2023/2024 maximum assessments (initial maximum assessment rate) established herein for the Annexation T erritory to increase by an amount equal to the annual percentage increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Riverside-San Bernardino-Ontario Areas (January of the given year from the previous January or similar period).

If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through another protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a c ontribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the adjusted maximum assessment rate authorized for that fiscal year.

The Assessment Range Formul a shall be applied to the maximum assessment rates for the Annexation Territory Tract Map 18980 commencing in Fiscal Year 2024/2025 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part III — Estimate of Costs
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.

PROPOSED BUDGET AND ASSESSMENTS
The budget and assessments outlined on the following page for the Annexation Territory for designated Tract Map 18980 are based on the national standards and related funding necessary for the operation, maintenance and servicing of the District improvements identified in Part I of this Report.

This budget represents an estimate of the special benefit expenses for Fiscal Year 2023/2024 (if built-out) at the time this Report was prepared and establishes the maximum assessment rates to be balloted and approved by the property owner(s) of record within the Annexation Territory as part of the Ballot Proceeding.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Annexation Territory Budget

Note: The budget represents the Tract’s fair share of cost if developed and levied in Fiscal Year 2023/24. The budget has been rounded to the nearest dollar.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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Part IV — Boundary Diagram
The Fiscal Year 2023/2024 District Diagram for Tract Map 18980.

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract Map 18980
Fiscal Year 2023/2024

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The following are the lots and parcels of land (parcels) within the Annexation Territory and the corresponding maximum assessments being set for Fiscal Year 2023/2024.

Attachment I
Petitions from Developers

Victorville City CouncilFebruary 20, 2024

Victorville City Council
February 20, 2024