Attachment H - Engineer's Reports — Victorville City Council, February 20, 2024

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
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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

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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

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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.

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

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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
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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.

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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 .

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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.

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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.

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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.

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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.

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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
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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

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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.

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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.

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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.

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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.

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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.

Victorville City CouncilFebruary 20, 2024

Victorville City Council
February 20, 2024