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HomeMy WebLinkAboutItem 3a: Resolution 6736 and 6737: Declaring Results of Citywide Lighting District and Confirming Engineer's Report for Lighting District FormationSUMMARY Page 1 of 3 STAFF REPORT Public Works Services Department DATE: August 3, 2010 TO: Mayor and City Council FROM: Tom Tait, Public Works Services Directo Prepared by: Maria A. Taylor, Senior Management Analyst SUBJECT: RESOLUTION NO. 6736 DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF ASSESSMENTS RELATED TO THE FORMATION OF THE ARCADIA CITYWIDE LIGHTING DISTRICT NO. 1, COMMENCING IN FISCAL YEAR 2010/11 Recommendation: Adopt RESOLUTION NO. 6737 CONFIRMING THE ENGINEER'S REPORT FOR THE FORMATION OF THE ARCADIA CITYWIDE LIGHTING DISTRICT NO. 1 AND THE ASSESSMENT DIAGRAM CONNECTED THEREWITH; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010/2011 Recommendation: Adopt At the July 20 Council meeting, City Council conducted a Public Hearing to consider all majority protests and subsequently closed the ballot proceedings at the conclusion of the Public Hearing for the Citywide Street Lighting Assessment District. Staff was then directed to tabulate the ballots and determine whether a majority protest existed. A total of 5,492 valid ballots were received. Based on the unofficial ballot result, no majority protest existed and therefore, the proposed Citywide Street Lighting Assessment ballot measure passed, pending final approval by the City Council. Therefore, staff requests that City Council officially adopt Resolutions 6736 and 6737 for the formation of the Citywide Street Lighting Assessment District No. 1 and order the levy and collection of assessments for fiscal year 2010/11. Mayor and City Council August 3, 2010 DISCUSSION Following the Council's approval of the property owner balloting process on June 1, 2010, approximately 14,720 ballots were mailed to the property owners on June 4, 2010. Proposition 218 requires that following the mailing of ballots, a public review period of at least 45 days be allowed prior to the date of the Public Hearing. At the July 20 City Council meeting, the City Council conducted a Public Hearing to consider all majority protests. After hearing all public comments presented during the Public Hearing and with no further comments being offered by the public during that time, the City Council concluded the Public Hearing and closed the ballot proceedings for the proposed Citywide Street Lighting Assessment District. City Council then directed staff to review and tabulate the ballots and report the results to the City Council at the City Council meeting regularly scheduled for August 3, 2010. BALLOT RESULTS A total of 5,492 valid ballots were received. The unofficial tabulation of the ballots includes the following results: 3,639 ballots or 60.83% voted "Yes" with a total weighted assessment of $96,774.38 1,853 ballots or 39.17% voted "No" with a total weighted assessment of $62,324.31. The "Yes" votes exceeded the "No" votes by a total weighted assessment of $34,450.07 (see Exhibit A). According to the Landscaping and Lighting Act of 1972, for the ballot to pass, the total amount of "Yes" ballot assessments must be equal to or exceed the total amount of "No" ballot assessments. In as much as the balloting result has shown a majority of votes cast to be in favor of the proposed Citywide Street Lighting Assessment, and seeing as how no majority protest was raised during the public review period or during the Public Hearing, the proposed Citywide Street Lighting Assessment ballot measure is considered to have unofficially passed, pending final approval by the City Council. Staff is requesting that City Council officially adopt Resolutions 6736 and 6737 for the formation of the Citywide Street Lighting Assessment District No. 1 and order the levy and collection of assessments for fiscal year 2010/11. Page 2 of 3 Mayor and City Council August 3, 2010 FISCAL IMPACT For fiscal year 2010/11, the total proposed citywide lighting budget assessment is $1,071,595 with the City paying $642,957 or 60% of the total cost to maintain and operate the City's street lights, while property owners will pay $428,638 or the remaining 40 %. The assessments will be collected annually from the property owners' tax bill, which will take into effect beginning the year 2010. RECOMMENDATION Adopt the following Resolutions for the formation of the Arcadia Citywide Street Lighting District No. 1 via Landscaping and Lighting District Act of 1972: TT:KH:MA Attachments Resolution No. 6736 Declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of assessments related to the formation of the Arcadia Citywide Lighting District No. 1, commencing in fiscal year 2010/11 Resolution No. 6737 Confirming the Engineer's Report for the formation of the Arcadia Citywide Lighting District No. 1 and the assessment diagram connected therewith; and ordering the levy and collection of assessments for fiscal year 2010/11 Approved by: a4d1? Donald Penman, City Manager Page 3 of 3 RESOLUTION NO. 6736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF ASSESSMENTS RELATED TO THE FORMATION OF THE ARCADIA CITYWIDE LIGHTING DISTRICT NO. 1, COMMENCING IN FISCAL YEAR 2010/2011 WHEREAS, the City Council of the City of Arcadia (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 by previous resolution initiate proceedings for the formation of the Arcadia Citywide Lighting District No. 1 (hereafter referred to as the "District "), and declared its intention to conduct property owner protest ballot proceedings for the levy of new assessments within the District commencing in Fiscal Year 2010/2011 for the special benefits received by properties therein from the improvements related thereto; and WHEREAS, in accordance with the provisions of the California Constitution, Article XIIID, the City Council has caused and conducted property owner protest ballot proceedings for the proposed new assessments to be levied on properties within the District; and WHEREAS, the assessment presented to each property owner of record within the District reflects each property's proportional special benefit and financial obligation for the costs and expenses related to the maintenance, servicing and operation of local lighting improvements therein as authorized by the Act and the provisions of the California Constitution. The notice and ballot presented to the property owners of record clearly identified the total amount of assessments subject to ballot among all properties, the proposed assessment rate, each property's proportional annual amount of assessment commencing with Fiscal Year 2010/2011 and the inflationary adjustment applicable to future assessments; and WHEREAS, upon the close of the duly public hearing held on July 20, 2010, the protest ballots returned by the landowners of record within the District were opened and tabulated, the results of which are set forth in Exhibit "A" attached hereto and incorporated herein by reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are all true and correct. SECTION 2. The property owner protest ballot proceedings were conducted with all notices and ballots pertaining to the proposed new assessments presented to the qualified property owners of record within the District as required by law, with the required receipt of returned ballots by the City Clerk prior to the close of the public hearing on July 20, 2010. SECTION 3. The canvass of the protest ballots cast for the proposed District and received prior to the close of the public hearing, weighted according to the proportional financial obligation of the affected properties, is hereby approved and confirmed as set forth in Exhibit "A ". As a result of the canvass of the protest 2 ballots, it is hereby found and determined that there has been no majority protest concerning the establishment of the District and the proposed assessments. SECTION 4. The City Clerk is hereby directed to enter this Resolution on the minutes of this meeting, which shall constitute the official declaration of the result of such property owner protest ballot proceedings. its adoption. ATTEST: City Clerk SECTION 5. This Resolution shall become effective immediately upon SECTION 6. The City Clerk shall certify the adoption of this Resolution. Passed, approved and adopted this APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 day of , 2010. Mayor of the City of Arcadia nz E a c ll cn W > g Z o J W V s - N U 0) - Q O mv6 Z --° o Q Z O v U v� Q ° c� Q OIT r swim LU 2 a) LL! W 0 T a) c O y Y L � "' Z ' w U a Q (5), V U > U H >' Q V °' a) a) � O c� a) >- o c U V ° >, c ° a) U A as a) cn -c J 0 RESOLUTION NO. 6737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA CONFIRMING THE ENGINEER'S REPORT FOR THE FORMATION OF THE ARCADIA CITYWIDE LIGHTING DISTRICT NO. 1 AND THE ASSESSMENT DIAGRAM CONNECTED THEREWITH; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010/2011 WHEREAS, the City Council of the City of Arcadia (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 by previous resolution initiate proceedings for the formation of the Arcadia Citywide Lighting District No. 1 (hereafter referred to as the "District "), and declared its intention to conduct property owner protest ballot proceedings for the levy of new assessments within the District commencing in Fiscal Year 2010/2011 for the special benefits received by properties therein for the annual operation, maintenance and servicing of street lighting improvements and appurtenant facilities related thereto in accordance with the provisions of the California Constitution Article XIIID (the "Constitution "); and WHEREAS, an Engineer's Report has been prepared, filed and presented to the City Council in connection with the proceedings for the formation of the District and the annual levy of assessments related thereto commencing on Fiscal Year 2010/2011 as required by the Act and the Constitution; and WHEREAS, the City Council has duly held a public hearing regarding these matters and has conducted property owner protest ballot proceedings for the proposed new assessments related thereto pursuant to the provisions of the Constitution, the results of which have been presented and confirmed by this City Council; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2010 and ending June 30, 2011 (Fiscal Year 2010/2011), to pay the costs and expenses associated with the ongoing operation, maintenance, and servicing of improvements and appurtenant facilities related thereto that have been determined to be of special benefit to the properties within the District as described in the Engineer's Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The preceding recitals are all true and correct. SECTION 2. Following notice duly given, the City Council has held a full and fair public hearing regarding the formation of the District and the levy and collection of assessments, and has considered all public testimony and written statements, protests and communications made or filed by interested persons. The City Council has evaluated the results of the property owner protest ballot proceedings conducted in accordance with the provisions of the Constitution, and has determined that a majority protest concering the establishment of the District and the proposed assessments did not exist. 2 SECTION 3. Based upon its review of the Engineer's Report, which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within the District will receive special benefit from the operation, maintenance and servicing of the street lighting improvements, and appurtenant facilities related thereto, to be provided by the District as described in the Engineer's Report. b) The District as defined by the Assessment Diagram contained in the Engineer's Report, includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing with Fiscal Year 2010/2011. SECTION 4. The City Council hereby orders the proposed improvements as described within the Engineer's Report to be made. The improvements so described may include, but are not limited, to the materials, equipment, utilities, labor, contract services and incidental expenses necessary for the ongoing maintenance, operation and servicing of local street lighting improvements and appurtenant facilities within the District that provide special benefits to properties therein. SECTION 5. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act, and for Fiscal Year 3 2010/2011, the County Auditor of Los Angeles shall enter on the County Assessment Roll opposite each parcel of land the amount of levy established by the Engineer's Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. SECTION 6. The adoption of this Resolution constitutes the formation of the District, the boundaries of which are identified by the Assessment Diagram; the establishment of the maximum assessment rates and assessment range formula connected therewith; and the assessments for the fiscal year commencing July 1, 2010 and ending June 30, 2011, as described in the Engineer's Report and adopted by the City Council. SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall reflect the City Council's approval of the formation of the District, the adoption and confirmation of the Assessment Diagram, and the establishment of the maximum assessment rate(s), assessment range formula and the assessments for Fiscal Year 2010/2011, as contained in the Engineer's Report. SECTION 8. The City Clerk is hereby authorized and directed to file the levy of assessments for Fiscal Year 2010/2011, as approved, with the Los Angeles County Auditor - Controller. [SIGNATURES ON NEXT PAGE] 4 ATTEST: City Clerk Passed, approved and adopted this day of , 2010. APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 5 Mayor of the City of Arcadia CITY OF ARCADIA ARCADIA CITYWIDE LIGHTING DISTRICT No. 1 ENGINEER'S FORMATION REPORT FISCAL YEAR 2010/2011 Corporate Office 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587 -3500 Tel: (800) 755 -MUNI (6864) Fax: (951) 587 -3510 INTENT MEETING: PUBLIC HEARING: ARCADIA WI LLDAN Financial Services JUNE 1,2010 JULY 20, 2010 Office Locations Anaheim, CA Orlando, FL Oakland, CA Phoenix, AZ Sacramento, CA Dated this ENGINEER'S REPORT AFFIDAVIT Formation of the Arcadia Citywide Lighting District No. 1 And establishment of Annual Assessments for said District City of Arcadia, County of Los Angeles, State of California This Report and the enclosed descriptions, budget and assessment diagram outline the plans and specifications for the formation of the Arcadia Citywide Lighting District No. 1 and establishment of the proposed assessments for each lot, parcel, and subdivision of land within said District. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Willdan Financial Services Assessment Engineer On Behalf of the City of Arcadia day of ,2010. By: Habib Isaac Senior Project Manager By: Richard Kopecky R. C. E. # 16742 TABLE OF CONTENTS INTRODUCTION 1 PART I — PLANS AND SPECIFICATIONS 4 DESCRIPTION OF THE DISTRICT 4 DESCRIPTION OF IMPROVEMENTS AND SERVICES 5 Improvements and Services Authorised by the 1972 Act 5 District Facilities and Improvements 6 PART II — METHOD OF APPORTIONMENT 8 BENEFIT ANALYSIS 8 Zones of Benefit 9 ASSESSMENT METHODOLOGY 11 Equivalent Benefit Units 11 Benefit Multiplier Factor 20 ASSESSMENT RANGE FORMULA 21 PART III — DISTRICT BUDGET 23 Parcel Assessment Calculation 25 PART IV — DISTRICT DIAGRAM 26 PART V — ASSESSMENT ROLL 28 City of Arcadia Introduction Engineer's Formation Report Arcadia Citywide Lighting District No. 1 The City Council of the City of Arcadia, County of Los Angeles, State of California, (hereafter referred to as "City ") has by previous resolution initiated proceedings that called for the preparation and filing of an Engineer's Report to establish a special benefit assessment district within the City limits of Arcadia to be designated as the: Arcadia Citywide Lighting District No. 1 (hereafter referred to as "District "), for the purpose of funding in part, the ongoing operation, maintenance and servicing of public lighting improvements within the City based on the proportional special benefits to properties within the City. The City Council proposes to form the District and to levy and collect annual assessments on the County tax rolls to fund such improvements and appurtenant facilities authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code commencing with 522500 (hereafter referred to as the "1972 Act "). In conjunction with the authority of the 1972 Act, the proposed assessments shall be made in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the "California Constitution "). This Engineer's Report (hereafter referred to as "Report ") has been prepared in connection with the establishment of said District and the levy and collection of annual special benefit assessments related thereto commencing in fiscal year 2010/2011, pursuant to Chapter 1, Article 4 beginning with §22565 of the 1972 Act and the provisions of the California Constitution. Said District shall include all lots and parcels of land within the City of Arcadia at the time this Report was prepared, the boundaries of which are coterminous with the City boundaries. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number (APN) by the Los Angeles County Assessor's Office. The Los Angeles County Auditor /Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District formation, the City shall conduct a property owner protest ballot proceeding for the proposed new special benefit assessments in accordance with the provisions of Government Code, Section 53753, and California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council shall conduct a public hearing to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether a majority protest exists (ballots shall be proportionally weighted based on each parcel's proposed assessment obligation), and by resolution the City Council will confirm the results of the ballot tabulation. If a majority protest exists, the City Council shall abandon the formation of the District, and the proposed levy of assessments described herein. If a majority protest does not exist, the City Council may, by resolution, adopt this Report (as W WI LLDAN Financial Services Page 1 This Report consists of five (5) parts: W WI LLDAN Financial Services Part I Part II City of Arcadia Engineer's Formation Report Arcadia Citywide Fighting District No. 1 submitted or amended) including the assessment diagram; order the formation of the District; approve the levy and collection of the assessments, including the assessment range formula as described herein; and order the improvements and services to be made. In such case, the assessments (as provided herein or as amended) shall be submitted to the Los Angeles County Auditor /Controller for inclusion on the property tax roll commencing in fiscal year 2010/2011. Each subsequent fiscal year, an Engineer's Report shall be prepared and presented to the City Council describing the District, any changes to the District or improvements and services, the proposed budget and assessments for that fiscal year, and the City Council shall hold a noticed public hearing regarding these matters prior to approving and adopting the annual levy of assessments. Plans and Specifications: Provides an overall description of the District and the improvements and services. While it has been determined that street lights are provided throughout most of the City and these improvements and services will provide special benefits to parcels within the District that are directly associated with those lights, it is also recognized that street lights on arterial streets provide a general benefit to the public at large as well as properties within the City. Therefore, the District will initially be formed with two (2) zones of benefit (hereafter referred to as "Zones "), which are described in more detail in this section of the Report as well as Part II (Method of Apportionment). A diagram showing the exterior boundaries of the District and the Zones established therein is attached and incorporated herein under Part IV (District Diagram). Method of Apportionment: This section of the Report provides a discussion of benefits to properties within the District, the apportionment of the improvement and service costs, the method of calculating each property's proportional special benefit and the calculation of annual assessments. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the maximum assessment rates initially established by this Report. This Assessment Range Formula limits increases on future assessments, but also provides for reasonable cost adjustments due to inflation in subsequent fiscal years without the added expense of additional property owner protest ballot proceedings to approve such anticipated cost increases. Page 2 City of Arcadia District Budget: The District budget provides an estimate of the annual funding required for the estimated annual maintenance, servicing and operation of street light improvements and services within the District and specifically the costs associated with the improvements and services determined to be of special benefit to parcels within each Zone of the District. The budget identifies an estimate of anticipated ongoing annual expenses to service, maintain and operate existing street lighting improvements throughout the City and the proportionate allocation of costs within each Zone allocated according to the relative special benefits within each Zone, including, but not limited to, the costs of maintaining and servicing of the street lights and related facilities, energy costs and related incidental expenses authorized by the 1972 Act. The budget establishes an initial calculated maximum assessment rate for each Zone of the District. Because the annual cost of maintaining and servicing these improvements will clearly be affected by inflation over the years, an annual inflationary adjustment (Assessment Range Formula) will be applied in subsequent fiscal years to the assessment rates established herein. District Diagram: A Diagram showing the exterior boundaries of the District and the current Zones therein is provided in this section of the Report and includes all parcels of land that will receive special benefits from the improvements and for which an assessment may be imposed as part of this District. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. W WI LLDAN Financial Services Part III Part IV Part V Engineer's Formation Report Arcadia Citywide Lighting District No. 1 Assessment Roll: A listing of each parcel within the District and its corresponding maximum assessment amount to be presented to the property owners of record in the protest ballot proceedings. The proposed maximum assessment amount for each parcel is based on the parcel's proportional special benefit as calculated in accordance with the method of apportionment and the proposed initial maximum assessment rates outlined in the budget. Page 3 City of Arcadia Part I Plans and Specifications Description of the District AA/WI Financial Services Engineer's ort Arcadia Citywide Lighting District No. 1 The territory within the District consists of all lots, parcels of land and subdivisions within the City of Arcadia, the boundaries of which are coterminous with the City's boundaries and the metes and bounds that define the City boundaries are incorporated herein as the metes and bounds of this District. An Assessment Diagram incorporated herein under Part IV of this Report, outlines the boundaries of the District and the Zones therein. This diagram incorporates all lots, parcels and subdivisions of land within the District and Zones as they existed at the time this Report was prepared. The District generally includes all or a portion of the parcels identified on the following Los Angeles County Assessor's Parcel Map Books: 5378; 5379; 5382; 5383; 5385; 5764; 5765; 5766; 5769; 5770; 5771; 5772; 5773; 5775; 5776; 5777; 5778; 5779; 5780; 5781; 5782; 5783; 5784; 5785; 5787; 5788; 5789; 5790; 5791; 8501; 8503; 8509; 8510; 8511; 8532; 8538; 8541; 8545; 8571; 8572; 8573; 8586; 8587 Within the boundaries of the District, two (2) Zones will initially be established to identify parcels and areas within the District for reasons of separating general benefits from special benefits, and differentiating between special benefits and maintenance costs associated with street lighting along arterial streets versus non - arterial streets. It has been determined that the parcels within these Zones receive differing degrees of special benefits from the improvements and services to be provided by the District. Zone 01 and Zone 02 have been established to incorporate properties that will receive direct and particular special benefits from street light improvements and services along arterial streets versus street lighting improvements and services that are along non - arterial streets. The two Zones within the District and the improvements and benefits associated with the properties therein are described in more detail in Part II (Method of Apportionment) of this Report. Page 4 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 Description of Improvements and Services Improvements and Services Authorized by the 1972 Act As generally defined by the Landscaping and Lighting Act of 1972 and applicable to this District, the improvements and services and associated assessments may include but are not limited to some or all of the following: ❖ The installation or construction of public lighting facilities; ❖ The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or electrical facilities; ❖ The acquisition of any existing improvement otherwise authorized pursuant to the Act; ❖ The maintenance or servicing, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including but not limited to: ➢ Repair, removal, or replacement of all or any part of any improvements; ➢ The cleaning, sandblasting, and painting of improvements to remove or cover graffiti; ➢ Electric current or other illuminating agent for any public lighting facilities; ❖ The collection and accumulation of funds as reserves for the purpose of ensuing appropriate cash flow for operational activities and long -term maintenance expenses. ❖ Incidental expenses associated with the improvements including, but not limited to: ➢ The cost of preparation of this report, including plans, specifications, estimates, diagram, and assessment; ➢ The costs of printing, advertising, and the publishing, posting and mailing of notices; ➢ Compensation payable to the County for collection of assessments; ➢ Compensation of any engineer or attorney employed to render services; ➢ Any expenses incidental to the issuance of bonds or notes; ➢ Costs associated with the proceedings held for the approval of a new or increased assessment. ➢ Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; W WI LLDAN Financial Services Page 5 City of Arcadia W WI LLDAN Financial Services Table 1 City of Arcadia Street Light Inventory Engineer's Report Arcadia Citywide Lighting District No. 1 District Facilities and Improvements Detailed maps and descriptions of the location and extent of the District's existing street lighting improvements are on file in the Office of Public Works Services Department, and by reference these documents are made part of this Report. The following table provides a summary of the street light inventory within the City at the time this Report was prepared and upon which the assessments for the District and specifically fiscal year 2010/2011 have been established: Street Lighting District -wide Street Li•hts Arterial Streets District -wide Street Li • hts Local Streets Total Street Li • hts Edison -Owned Lights 914 1 616 2,530 City -Owned Lights 543 865 1,408 Total Lights 1,457 2 481 3,938 Approximately sixty -five percent (65 %) of the streetlights within the District are owned and maintained by Southern California Edison Company. The remaining thirty -five percent (35 %) of the streetlight facilities, are owned by the City of Arcadia and are maintained by the City. The maintenance and servicing of the Southern California Edison Company -owned streetlights is furnished by the Southern California Edison Company or by its successors or assignees. The rates charged by the Edison Company include both the energy (electrical) and maintenance costs and are regulated and authorized by the Public Utilities Commission of the State of California. The City of Arcadia Public Works Services Department furnishes the maintenance and servicing of the City -owned streetlights. The energy for City -owned streetlights is also provided by Southern California Edison Company and the rate charged to the City is also regulated and authorized by the Public Utilities Commission. While the annual cost of providing the Southern California Edison Company -owned streetlights versus the City -owned streetlights may vary slightly, the difference in annual cost per light is considered negligible and has no bearing on the benefits (general or special) such lights provide to properties within the District. The maintenance, operation and servicing of the District lighting improvements generally includes the furnishing of labor, materials, equipment and electricity for the ordinary and usual maintenance, operation, and servicing of street lights within the public right -of -ways and easements dedicated to the City. These activities include but are not limited to: ❖ Regular maintenance and servicing the street light systems including, cleaning, sandblasting, repainting of poles and equipment to remove or cover graffiti and as needed prevent corrosion; repair or replacement of lighting standards, bulbs and fixtures; and furnishing of electric current or other illuminating agent. Page 6 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 ❖ Periodic repair and rehabilitation of the street lighting system including replacement of old equipment with new or reconditioned equipment; and repair, removal or replacement of related equipment as required including but not limited to lighting fixtures, poles, meters, conduits, electrical cable and relocation of street light facilities as necessary including the purchase and installation of related equipment and facilities. ❖ Specifically not included in the District budget and the proportional special benefit assessments is the installation and construction of new street lights and /or conversion of existing street lights to decorative street lights or electrical system conversions (i.e. 6.0 electrical systems to 120 volt systems). Such projects and expenditures would be considered Capital Improvement Projects that are beyond the purpose of the assessments for this District. If such projects are needed or desired, the cost of such would require funding from other sources including but not limited to an additional special assessment on the affected properties and /or funds contributed by the City. W WI LLDAN I Financial Services Page 7 City of Arcadia Part II Method of Apportionment Based on the provisions of the 1972 Act and the California Constitution, this section of the Report summarizes an analysis of the benefits provided by the City's existing street lighting improvements and services to be provided by the District (both general and special); the resulting District structure (zones of benefit); the formulas used to calculate each parcel's proportional special benefit and assessment obligation (including multiplier factor) based on the entirety of the cost of providing the improvements (method of assessment); and the establishment of an inflationary formula for such assessments to address anticipated cost increases due to inflation (assessment range formula). Benefit Analysis W/ WILLDAN Financial Services Engineer's Report Arcadia Ci *wide Lighting District No. 1 The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include but are not limited to the construction, maintenance, operation, and servicing of public street lighting improvements and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: `The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably: Article XIIID Section 2d defines District as: `District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or proper*- related service"; Article XIIID Section 2i defines Special Benefit as: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real proper* located in the district or to the public at large. General enhancement of propero value does not constitute "special benefit" Article XIIID Section 4a defines proportional special benefit assessments as: "An agency which proposes to levy an assessment shall identj 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 entire* of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the proper* 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." Page 8 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 The method of apportionment (method of assessment) established herein is based on the premise that each assessed property receives special benefits from street lighting improvements and services that are funded by such assessments, and the assessment obligation for each parcel reflects that parcel's proportional special benefits as compared to other properties that receive special benefits as outlined in the preceding definitions established in the 1972 Act and the California Constitution. To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The District's improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. Zones of Benefit In an effort to ensure an appropriate allocation of the estimated annual cost to provide the District improvements based on proportional special benefits, this District will be established with benefit zones ( "Zones ") as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act: `The diagram and assessment may class f various areas within an assessment district into d ferent ones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A <one shall consist of all territory which will receive substantially the same degree of benefit from the improvements." While the California Constitution requires that "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 or the maintenance and operation expenses of a public improvement... "; it is reasonable to conclude that street lighting on arterial streets has been installed primarily for the purpose of nighttime traffic illumination and circulation, and will benefit both the community as a whole and the public at large. On the other -hand, local street lighting improvements are not required in all areas of the City, which is evident in the absence of street lighting within certain neighborhoods. Therefore, street lighting along non - arterial streets (local street lights) provides special benefit to properties fronting these streets and was installed in connection with the development of such properties. However, these improvements are not mutually exclusive or typically isolated to a particular parcel but are rather shared and directly affect entire neighborhoods or groups of parcels. The location and extent of the specific local street light improvements in relationship to those neighborhoods or groups of parcels immediately adjacent or in close proximity to those improvements must be considered. VW WILLDAN Financial Services Page 9 City of Arcadia Engineer's Report Arcadia Cityzvivide Lighting District No. 1 Therefore, as part of this analysis, the District includes two distinct Zones. Zone 1 includes all parcels that specially benefit from the maintenance of street lighting along arterial streets, and Zone 2 includes remaining parcels within the City that specially benefit from maintenance of street lighting along non - arterial streets (local street lights). The creation of these two zones requires the apportionment of the total maintenance budget between these two zones, which necessitates the need to separately analyze each zone's maintenance costs to determine the portion of each zone's budget (identified in Part III) that is considered to be general benefit versus special benefit. While the extent and location of local street lighting improvements in the City has typically resulted from property development or the specific needs of nearby properties, arterial street light improvements were installed first and foremost to improve the overall safety of the community and traffic circulation, and are more of an indirect result of property development. Therefore, a significant portion of Zone's 1 maintenance costs is considered general benefit and will not be assessed against parcels within the District. Based on a report completed by Meyer, Mohaddes Associates, in March 2006, regarding the City's Transportation Impact Fee Program, it is estimated that the number of vehicular trips generated by properties within the City account for approximately 57% of the total daily trips on the City's arterial streets, with 43% being pass - through trips from outside the City. Utilizing this information as part of the analysis for separating general benefits from special benefits, it is reasonable to conclude that 43% of the street light improvements and associated costs of the City's arterial street lights can be identified as general benefit to the public at large. Likewise, it is reasonable to apply this same 43% trip rationale to the vehicular trips generated by properties within the City (57% of the total trips) to establish the general benefits associated with trips generated within the City that are conferred on real property located in the District (43% x 57% = 24.5 %). Collectively this would suggest that approximately sixty -eight percent 67.5% (43% + 24.5% = 67.5 %) of Zone's 1 maintenance costs are for general traffic related improvements along the City's arterial streets, which together improve the overall safety of the community at- large, and the properties therein and; therefore, are considered to be a general benefit and will not be assessed. In reviewing the location and extent of the City's street lighting improvements and the relationship these improvements have to properties within the District, it has been determined that local street lights (street lights that are not located on arterial streets) were installed in connection with the development of nearby properties. As such, these local lighting improvements have a direct and particular relationship to, and provide special benefit to, the properties located in close proximity to those street lighting improvements and on those streets. The special benefit affects these properties in a way that is particular and distinct from its effect on other parcels and that real property in general and the public at large do not share. Furthermore, certain areas of the City do not have local street lighting, which provides further confirmation that local street lighting specially benefits properties in close proximity to such local street lighting. Therefore, since certain areas of the City forgo the need of local street lighting, the maintenance costs associated with local street lighting is not considered to be a general benefit. The District Budget, incorporated herein under Part III of this Report, provides a summary of the total estimated cost of providing the street light improvements and the allocation of W WI LLDAN Financial Services Page 10 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 those costs as general benefit versus special benefit for each Zone of the District. Details regarding the location and extent of the street lighting improvements within the District and the Zones therein are on file in the Office of Public Works Services Department and by reference these documents are made part of this Report. A diagram showing the exterior boundaries of the District and the two Zones therein is attached and incorporated herein under Part IV (District Diagram) of this Report. Assessment Methodology In order to calculate and identify the proportional special benefit received by each parcel and their proportionate share of the improvement costs it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in the District Article XIIID Section 4a reads in part: "...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 or the maintenance and operation expenses of a public improvement or for the cost of the properly 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." Street lighting, like most public improvements, provides varying degrees of benefit (whether they be general or special) based largely on the extent of such improvements, the location of the improvements in relationship to the properties, the specific use and size of each property, and the reason or need for such improvements as it relates to individual properties. In this District these issues are each considered in determining the proportional special benefit to each parcel by the use of benefit zones, the separation of general benefit and special benefit, and County land use designations. The specific use and size of each property is accounted for to reflect each parcel's need for such improvements and its reasonable cost of the proportional special benefit as compared to other properties that benefit from those improvements. Therefore, an equivalent benefit unit methodology is utilized to assess properties accordingly. Equivalent Benefit Units In addition to the use of Zones, the method of apportionment established for this District to reflect the proportional special benefit of each parcel utilizes a weighted methodology of apportionment typically referred to as an Equivalent Benefit Unit (EBU) methodology. This method of apportionment establishes the typical detached single - family home site as the basic unit of assessment. A single - family residential unit is assigned one (1.0) Equivalent Benefit Unit (EBU) and other property types (land uses) are proportionately weighted (weighted EBU) based on a benefit formula that equates each property's specific characteristics and special benefits to that of the single - family residential unit. This proportional weighting may be based on several considerations that may include, but are not limited to: the type of development (land use), development - status (developed versus undeveloped), size of the property (acreage or units), vehicular trip generation, street frontage, densities or other property related factors including any development restrictions or limitations; as well as the density of lighting associated with each property (addressed through the application of a benefit multiplier factor which is discussed in the next section). * WILLDAN Financial Services Page 11 City of Arcadia Engineer's Report Arcadia Cityuride Lighting District No. 1 For the improvements and assessments outlined in this Report, it has been determined that the most appropriate proportional special benefit calculation for each parcel is reasonably determined by three basic property characteristics: ❖ Land use — Commercial /Industrial Use; Residential Use, Institutional Use, Vacant Land (Undeveloped Property), Public Property etc.; Property Size — Acreage for non - residential properties; Units for residential properties. Property size (acreage or units) provides a definable and comparative representation of each parcel's proportional special benefit not only to similar types of properties but to other properties as well. The size of a property provides an appropriate and overall reflection of numerous considerations associated with each parcel's special benefits including vehicular trip generation, average street frontage and development densities. + Lighting Density —The amount of street lighting within the City is not uniform and varies from one area to the next, ranging from a standard level of street lighting to no street lighting in certain neighborhoods of the City. To account for this varying level of street lighting a benefit multiplier factor is applied, as discussed in the next section of this report entitled "Benefit Multiplier Factor." The following outlines the special benefits and equivalent benefit unit calculations to be applied to each of the various land use classifications identified for this District to establish each parcel's proportional special benefit compared to other parcels within each respective Zone of the District: Single - Family Residential Property — This land use is defined as a fully subdivided residential home site with a single residential unit developed on the property. The special benefits that local street lighting provides to such properties include, but are not limited to: •S Direct and /or ambient lighting of the property and the immediate area (street and sidewalk) providing improved nighttime visibility and safety; ❖ Reduction in property- related crimes (especially vandalism) commonly associated with poorly lighted areas; and ❖ Improved nighttime ingress and egress to the property. For purposes of establishing the proportional special benefits and equivalent benefit units for other land uses in this District, the single - family residential land use is designated as the basic unit of assessment and shall be assigned 1.000 EBU per parcel (unit). Multi- Family Residential & Mixed Use Property — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the parcel. (This land use includes apartments, duplexes, triplexes, etc., but does not generally include condominiums, town - homes). This land use designation also includes properties identified by the County Assessor's Office as mixed use property for which there is more than one residential unit (known number of residential units) associated with the property and for which the parcel's primary use is residential, but may also include a commercial component or unit associated with that property. The special benefits that local street lighting provides to such properties include, but are not limited to: W WI LLDAN Financial Services Page 12 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 ❖ Direct and /or ambient lighting of the property and the immediate area (street and sidewalk) providing improved nighttime visibility and safety; ❖ Reduction in property- related crimes (especially vandalism) commonly associated with poorly lighted areas; and Improved nighttime ingress and egress to the property. Although multi- family residential properties receive similar special benefits to that of single - family residential property and an appropriate and comparative calculation of proportional special benefits is reasonably reflected by the parcel's total number of residential units, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that multi - family units impact public infrastructure at reduced levels compared to a single - family residence, which is reflective of their reduced structure size, trip generation and need for various public improvements. Furthermore, as the density (number of units per parcel) increase, the average distance from the street light improvements tends to increase and the number of vehicular trips generated tends to decline because the population density per unit tends to decrease (largely because of reduced unit sizes). Based on these considerations, it is reasonable to conclude that the actual number of street lights per unit is less than that of a single - family residential property and appropriate weighting of the proportional special benefit per unit for multi - family residential properties as compared to a single - family residential is best represented by the following sliding scale: 0.750 EBU per unit for the first 5 units; plus 0.625 EBU per unit for units 6 through 25; plus 0.500 EBU per unit for units 26 through 50; plus 0.375 EBU per unit for units 51 through 100; plus 0.250 EBU per unit for units 101 or above. Condominium /Town -home Property — This land use is defined as a fully subdivided residential condominium or town -home parcel that typically has one residential unit associated with each Assessor's Parcel Number, but is part of a multi -unit development for which each condominium or town -home parcel shares or has common interest (common area) with the other residential parcels in that development. The special benefits that local street lighting provides to such properties include, but are not limited to: ❖ Direct and /or ambient lighting of the property and the immediate area (street and sidewalk) providing improved nighttime visibility and safety; ❖ Reduction in property- related crimes (especially vandalism) commonly associated with poorly lighted areas; and ❖ Improved nighttime ingress and egress to the property. The development attributes of condominiums and town -homes tend to be a blend of the single - family residential and multi - family residential properties. Like multi - family residential properties, individual condominium and town -home units (individual parcels) within such developments may not have actual street frontage where the local street light improvements are located, but rather the common area lot which they share has street frontage. (In most cases, each residential unit fronts a private road or driveway that directly accesses the street where the local street light improvements are located). Because condominium and town - home properties represent individual residential units that are privately owned, like single - family residential properties these properties tend to be owner occupied with relatively fewer vacancies per unit than multi - family residential properties, which in turn represents greater W WI LLDAN Financial Services Page 13 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 average trip generation per unit than multi - family residential properties. However, because this property type usually has a much higher development density (greater number of units per acre) than single - family residential properties the actual number of street lights per unit is clearly less than that of a single - family residential property. In consideration of the special benefits associated with these properties and the development characteristics discussed above, it has been determined that an appropriate allocation of special benefit for condominiums, town -homes and similar residential properties is best represented by an assignment of 0.750 EBU per unit. (Because these parcels typically represent a single residential unit or small group of units that are each privately owned, no adjustment for multiple units is applied to this land use as it is for multi - family residential properties). Developed Commercial /Industrial Property — This land use is defined as a developed property with structures (buildings) that is used or may be used for commercial purposes, whether the structures are occupied or not. This land use does not include parcels for which the primary use of the property is considered residential or Hotels and Motels (transient residential). This land use classification includes most types of commercial enterprises including but not limited to commercial retail; food services; banks; shopping centers; recreational facilities; office buildings and professional buildings, as well as industrial properties including service centers,; warehousing and manufacturing. This land use classification also includes any parcel that may incorporate a single residential unit, but is also used in whole or in part for commercial purposes. The special benefits that local street lighting provides to such properties include: ❖ Direct and /or ambient lighting of the property and the immediate area (street and sidewalk) providing improved nighttime visibility and safety; + Reduction in property- related crimes (especially vandalism) commonly associated with poorly lighted areas; ❖ Improved nighttime ingress and egress to the property; ❖ Increased accessibility and /or hours of operation that result from adequate nighttime lighting on the streets near or adjacent to the property; and ❖ Greater nighttime visibility of the property and associated business with the property. The presence of local street lighting or the lack thereof has a direct and distinct impact on commercial /industrial properties and the businesses associated with those properties. Utilizing trip generation data outlined by the Institute of Transportation Engineers Informational Report, Seventh Edition; commercial /industrial properties generate on average approximately four (4) times the daily vehicular trips per acre generated by a typical single - family residential property (9.57 trips per single - family residential unit compared to 42.32 trips per acre for commercial properties). While the actual daily trips generated by a particular commercial /industrial property may be greater or less than this average, it does provide a reasonable indicator of the proportionality of the special benefits associated with local street lighting for such properties. In support of this finding, an analysis of development densities in the City indicates that on average, single - family and condominium developments yield approximately 4.06 residential units per acre. /WI LLDAN Financial Services Page 14 City of Arcadia Engineer's Report Arcadia Ciywide Lighting District No. 1 Although the preceding evaluations suggest that the direct proportional special benefits to commercial /industrial properties is reasonably reflected by an apportionment of 4.000 EBU per acre, because most commercial /industrial parcels represents a separate and independent commercial enterprise or business with immediate proximity to local street lighting, it has been determined that the proportional special benefit for any individual commercial or industrial parcel is at least equal to that of a single - family residential property. Therefore, a commercial /industrial parcel that is less than one - quarter of an acre in size shall be assigned 1.000 EBU (minimum EBU). Likewise, it is reasonable to conclude that there is a limit to the proportional special benefit that any single parcel receives from local street lights (maximum EBU). In an analysis of the average street frontage and number of lights per acre for various land use classifications, it has been determined that commercial /industrial parcels shall not be assessed for any acreage greater than ten (10.00) acres, which sets the maximum EBU at 40.000 EBU for this land use classification. Developed Hotel /Motel Property — Although Hotel /Motel Properties are certainly viewed as a commercial enterprise, these properties have more significant nighttime use and traffic generation than other commercial /industrial properties that results from their transient residential activities. The special benefits that local street lighting provides to such properties include: • Direct and /or ambient lighting of the property and the immediate area (street and sidewalk) providing improved nighttime visibility and safety; • Reduction in property- related crimes (especially vandalism) commonly associated with poorly lighted areas; • Improved nighttime ingress and egress to the property; •3 Increased use of the property that result from adequate nighttime lighting immediately adjacent to or near the property which is essential to the extended nighttime operation associated with these properties; and • Greater nighttime visibility of the property that improves potential customer attraction thereby increasing business activity and use of the property. The presence of local street lighting or the lack thereof can have a direct and significant impact on hotel and motel properties because of their heightened nighttime sue of the property. To reflect this increased proportional special benefit resulting from higher nighttime use and need for local street lighting as compared to other commercial /industrial properties, the proportional special benefits and assessments for this land use classification shall be based on 6.000 EBU per acre. As with commercial /industrial properties, minimum and maximum acreage limits shall be applied in calculating each parcel's individual assessment. These acreage limits result in a minimum Equivalent Benefit Unit of 1.500 EBU for parcels less than one - quarter of an acre and a maximum Equivalent Benefit Unit of 60.000 EBU for parcels greater than ten acres. W WILLDAN Financial Services Page 15 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 Developed Institutional Property — This land use is defined as developed private properties used for the purposes of public related services or activities, including but not limited to Colleges, Private Schools, Places of Worship, Day Care Centers, Fraternal Organizations, Hospitals, Convalescent or Retirement Homes, or other similar public service or assembly type properties. The special benefits that local street lighting provides to such properties include: Direct and /or ambient lighting of the property and the immediate area (street and sidewalk) providing improved nighttime visibility and safety; ❖ Reduction in property- related crimes (especially vandalism) commonly associated with poorly lighted areas; and + Improved nighttime ingress and egress to the property. While properties in this land use classification are generally considered non - residential properties, it has been determined that this land use classification clearly receives less special benefit form local street lighting than commercial /industrial properties based on several considerations: they represent businesses /operations that provide public related or community services (educational, medical care, religious etc.); they are generally non - profit organizations; and they have significantly less nighttime use and associated trip generation. Based on the special benefits that local street lighting provides to such properties and in consideration of their limited nighttime use, the Equivalent Benefit Units applied to these properties shall be based on 2.000 EBU per acre with the same minimum and maximum acreage limits that are applied to other acreage -based properties. These limits result in a minimum Equivalent Benefit Unit of 0.500 EBU for parcels less than one - quarter of an acre and a maximum Equivalent Benefit Unit of 20.000 EBU for parcels greater than ten acres. Developed Public Property — This land use is defined as developed public or government owned property used for public related services or activities, including but not limited to city facilities including parks, community centers, fire and police stations, and city offices; county or state offices and facilities; federal, state or county court facilities; US postal service facilities; public schools; public utility facilities or offices; or other similar developed public properties. The special benefits that local street lighting provides to such properties include: ❖ Direct and /or ambient lighting of the property and the immediate area (street and sidewalk) providing improved nighttime visibility and safety; ❖ Reduction in property- related crimes (especially vandalism) commonly associated with poorly lighted areas; and ❖ Improved nighttime ingress and egress to the property. While many of these properties have the potential to be converted or utilized as commercial or other non - residential enterprises, their purpose and function is specifically for public related services and activities and they generally have no or limited nighttime use and trip generation, which is similar to Institutional properties. Based on the special benefits that local street lighting provides to such properties and in consideration of their limited nighttime use, the Equivalent Benefit Units applied to these properties shall be based on 2.000 EBU per acre with the same minimum and maximum acreage limits that are applied to W WILLDAN Financial Services Page 16 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 other acreage -based properties. These limits result in a minimum Equivalent Benefit Unit of 0.500 EBU for parcels less than one - quarter of an acre and a maximum Equivalent Benefit Unit of 20.000 EBU for parcels greater than ten acres. The County Tax Collector's Office typically identifies these properties as "Non- Taxable" and does not generate tax bills for these properties and as a matter of practical application, the calculated special benefit and proposed assessment obligation for such properties cannot be collected through the secured tax roll in the same manner as other District assessments. Therefore, the only other alternative to the City is the option to direct bill these properties; otherwise, the total assessment amount applied to these properties would not be recovered and would be lost revenue. In any case, the total amount of maintenance cost allocated to these properties is directly related to special benefit received by these properties and may not be reapportioned to any other parcel(s) within the District. Parking Lot /Limited Use Property — This land use classification is applied to developed privately owned properties that the City considers not to be fully developed commercial /industrial, institutional or residential properties. This land use classification is typically applied to parcels that are identified as parking lots with limited or no buildings; but may also identify parcels that have limited or restricted non - residential use where the typical commercial /industrial or institutional classification is not applicable or appropriate. The special benefits that local street lighting provides to such properties include: • Direct and /or ambient lighting of the property and the immediate area (street and sidewalk) providing improved nighttime visibility and safety; • Reduction in property- related crimes (dumping, graffiti, vandalism and loitering) commonly associated with poorly lighted areas; • Improved nighttime ingress and egress to the property; and • Potential increased use and trip generation that result from adequate nighttime lighting which promotes extended hours of operation. Based on these special benefits and in consideration of use and need for local street lighting, the Equivalent Benefit Units applied to these properties shall be based on 1.000 EBU per acre with the same minimum and maximum acreage limits that are applied to other acreage - based properties. These limits result in a minimum Equivalent Benefit Unit of 0.250 EBU for parcels less than one - quarter of an acre and a maximum Equivalent Benefit Unit of 10.000 EBU for parcels greater than ten acres. Vacant Property — This land use is defined as property that has been identified as undeveloped, but has reasonable development potential (Few or no development restrictions). The special benefits that local street lighting provides to such properties include: Direct and /or ambient lighting of the property and the immediate area (street and sidewalk) providing improved nighttime visibility and safety; and • Reduction in property- related crimes (dumping, graffiti, vandalism and loitering) commonly associated with poorly lighted areas. W W ILL DA N Financial Services Page 17 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 In an evaluation of the special benefits associated this land use as compared to that of developed properties it becomes evident that the proportional special benefits associated with vacant property are clearly less than those associated with developed properties. Although vacant properties derive special benefits from local street lighting, these special benefits are limited to the land (lot) itself. Conversely, approximately half of the direct and immediate special benefits for developed properties are related to the daily use or potential use of that property (specifically nighttime use). Based on these special benefit considerations and the direct advantages of local street lighting, the Equivalent Benefit Units applied to these properties shall be based on 0.500 EBU per acre with the same minimum and maximum acreage limits that are applied to other acreage -based properties. These limits result in a minimum Equivalent Benefit Unit of 0.125 EBU for parcels less than one - quarter of an acre and a maximum Equivalent Benefit Unit of 5.000 EBU for parcels greater than ten acres. Exempt Property (Parcel) — This land use identifies parcels where, for various reasons, it has been determined that the parcel does not and will not receive special benefits from street lighting improvements. This land use classification may include but is not limited to: Lots or parcels identified as public streets and other roadways; Dedicated public easements including open space areas, utility rights -of -way, greenbelts, parkways, or other publicly -owned or utility -owned land that serves the community or general public and are not considered or classified as developed public properties; and ❖ Parcels of land that are privately owned, but cannot be developed independently from an adjacent property or is part of a shared interest with other properties, such as common areas, sliver parcels, bifurcated lots or properties with very restrictive potential or use. Because these properties either provide a public service that is comparable to street lighting or they are dependent on another property or development, these types of parcels have no direct need for street lighting and are considered to receive no special benefits Therefore these parcel shall be exempt from assessment and are assigned 0.0000 EBU. However, these properties shall be reviewed annually by the assessment engineer to confirm the parcel's use. Special Case Property — In many districts where multiple land use classifications are involved, there may be one or more properties where the standard land use classifications do not accurately identify the use and special benefits received from the improvements, or there may be factors related to that particular parcel that should be noted for review in subsequent fiscal years. The following are some examples of properties that may be classified as Special Case properties: • Example 1: A parcel may be identified as a Vacant Property, however only a small percentage of the parcel's total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. Therefore the parcel is identified as a Special Case so that each year the parcel's proportional special benefit and assessment is accurately addressed utilizing the property's net acreage rather than gross acreage. ❖ Example 2: The use of a particular property and its proportional special benefit is not in question, but there is some characteristic or issue regarding the property that should be noted or reviewed in future years. W LLDAN Financial Services Page 18 Land Use Benefit Unit Calculations Single - Family Residential Property 1.000 per unit Multi - Family Residential & Mixed Use Property 0.750 per unit (units 1 -5) 0.625 per unit (units 6-25) 0.500 per unit (units 26-50) 0.375 per unit (units 51 -100) 0.250 per unit (units greater than 100) Condominium /Town -home Property 0.750 per unit Developed Commercial /Industrial Property 4.000 per acre (minimum 1.000 EBU; maximum 40.000 EBU) Developed Hotel /Motel Property 6.000 per acre (minimum 1.500 EBU; maximum 60.000 EBU) Developed Institutional Property 2.000 per acre (minimum 0.500 EBU; maximum 20.000 EBU) Developed Public Property 2.000 per acre (minimum 0.500 EBU; maximum 20.000 EBU) Parking Lot/Limited Use Property 1.000 per acre (minimum 0.250 EBU; maximum 10.000 EBU) Vacant Property 0.500 • per acre (minimum 0.125 EBU; maximum 5.000 EBU) Exempt Property 0.000 per parcel Special Case Property varied based on circumstances associated with each parcel City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 • Example 3: The most common reason for identifying a parcel as a Special Case is usually related to development. A property may be identified by the County as Vacant land, but the property is either being developed or has already been developed. Another example would be a property that would normally be identified as Vacant Land, but is being treated as Exempt Property because due to current and temporary development restrictions that will likely change in the future. In this case, this designation serves as a prompt to review the status of that property each year, and if and when the status of that property changes, the land use designation can be appropriately changed. Therefore the Equivalent Benefit Units assigned to Special Case Properties will vary depending on the circumstances and reasons for treating each particular property as a Special Case. The Equivalent Benefit Unit(s) assigned to each such parcel may be based on adjusted acreage, units or a combination of those factors. The City and /or the assessment engineer tasked with the administration of the District shall annually review each parcel designated as a Special Case Property and based on that review shall make appropriate adjustments to that property's land use and Equivalent Benefit Unit assignment as warranted. The following is a summary of property types and the Equivalent Benefit Unit assignments described in the preceding discussion of Equivalent Benefit Units. W WI LLDAN Financial Services Table 2: Equivalent Benefit Unit Assignments Page 19 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 Benefit Multiplier Factor In addition to the initial assignment of EBUs based on a parcel's land use, number of units, and acreage, a Benefit Multiplier Factor is also employed to account for the varying density levels of street lighting within the City, which ranges from a standard level of street lighting to no street lighting in certain neighborhoods of the City. In addition, the use of a Benefit Multiplier Factor ensures that the differentiation in lighting density is captured as part of the special benefit findings for each parcel. A Benefit Multiplier Factor shall be applied to each parcel's EBU assignment to calculate the final net number of EBUs that will be used to determine the Maximum Assessment Rate per Zone, and each parcel's unique assessment. The following provides a description of the three different Benefit Multiplier Factors of 1.0, 0.20, and 0.00: Benefit Multiplier Factor = 1.0 Parcels within the District that receive direct special benefits from local street light improvements that were installed in connection with the development of the parcel or would otherwise have been required or necessary for the development or future development of such property to its full and best use; and the overall proximity and spacing of local street lighting in the area is consistent with the City's typical density and spacing standards. Parcels with a Benefit Multiplier Factor equal to 1.0 may include, but is not limited to: ❖ Parcels that are within 200 feet of a street light. ❖ Parcels that are part of a single - family residential subdivision (tract) in which the average distances from a street light is less than 200 feet; ❖ Parcels that are part of a residential subdivision other than a single - family residential subdivision (i.e. condominium projects, apartments or other residential properties) in which the street frontage for the development (common area lot or actual parcel) is within 200 feet of a street light. ❖ Non - residential properties (parcels or overall developments) that are within 200 feet of a street light on a street that is adjacent to, used, or could be used to access the property. These properties include both developed and undeveloped properties. Benefit Multiplier Factor = 0.20 Parcels within the District that receive direct special benefits from local street light improvements that were installed in connection with the development of the parcel or were installed specifically for the properties in that area, but the overall density of street lighting is approximately 20% of the standard lighting density, when compared to the lighting density of parcels with a benefit multiplier factor equal to 1.0. Therefore, the Benefit Multiplier Factor for these parcels equals 0.20. Parcels with a Benefit Multiplier Factor equal to 0.20 may include, but is not limited to: • Parcels that are part of a single - family residential subdivision (tract) in which the average distances from a street light is greater than 200 feet, but there are street lights located along the street that the parcel fronts or along adjacent streets within the development (possibly lights on the perimeter of the development). (Note: parcels that are within such subdivisions that may be directly adjacent to or in closer proximity to a specific street light shall be assessed the same as other parcels in that subdivision); W WILLDAN Financial Services Page 20 City of Arcadia Assessment Range Formula w WILLDAN Financial Services Engineer's Report Arcadia Citywide Lighting District No. 1 ❖ Parcels that are part of a residential development other than a single - family residential subdivision (i.e. condominium projects, apartments or similar residential properties) in which the street frontage for the development (common area lot or actual parcel) is within 400 feet of a street light, but more than the 200 feet established for Zone 01. ❖ Non - residential properties (parcels or overall developments) that are within 400 feet of a street light on a street that is adjacent to, used, or could be used to access the property. These properties include both developed and undeveloped properties. Benefit Multiplier Factor = 0.00 Parcels within the District that have limited or no local street light improvements within their immediate proximity shall have a Benefit Multiplier Factor equal to 0.00 applied to their EBU assignment. Therefore, these properties shall not be assessed and, as part of the notice and ballot proceedings being conducted in connection with the formation of the District, the ballots for these properties shall reflect a zero ($0.00) assessment amount. Pursuant to the California Constitution Article XIIID, the imposition of any new or increased assessment requires certain noticing and meeting requirements. However, Proposition 218 Omnibus Implementation Act states that an assessment in not considered an increased assessment if the assessment does not exceed an assessment formula adopted by the City in accordance with Article XIIID of the California Constitution. As part of this District formation and establishment of annual assessments to fund the ongoing operation, maintenance and servicing of those improvements, the proposed assessments submitted to the property owners of record shall include an annual inflationary adjustment referred to as an Assessment Range Formula. The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment that are inevitably associated with providing such improvements and activities, thereby reducing the need for additional noticing and mailing procedures simply because of inflationary factors. This Assessment Range Formula is defined by the following: The "Proposed Maximum Rates" for this District as presented in this Report shall be annually adjusted by an amount not to exceed three percent (3 %) to establish the new Maximum Assessment Rates authorized for the District each fiscal year. (These new rates may be referred to as Adjusted Maximum Assessment Rates). This 3% adjustment is based on historical inflationary adjustments and is slightly less than the average annual percentage change in the Consumer Price Index (CPI) identified by the U.S. Department of Labor; Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Riverside- Orange County Area over the past twenty years. Page 21 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 Beginning in the District's second fiscal year (Fiscal Year 2010/2011) and each fiscal year thereafter, the Maximum Assessment Rates will be recalculated and new Adjusted Maximum Assessment Rates will be established for the fiscal year utilizing the Assessment Range Formula described above. The Adjusted Maximum Assessment Rates shall be calculated independently of the District's annual budget and proposed assessments. Any proposed annual assessment (Rate per EBU) less than or equal to the Adjusted Maximum Assessment Rate for each respective Zone shall not be considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners, through the balloting process, must approve such a new or increased assessment before that new or increased assessment may be imposed. W WI LLDAN Financial Services Page 22 Description FY 2010 - 2011 Salaries & Wages $ 236,325 Supplies 21,310 Contract Services 156,000 Vehicle Rental 19,100 Electric 627,430 Vehicle Maintenance 11,430 TOTAL BUDGET 1 $ 1,071,595 Arterial Street Baldwin Number of Edison Lights 177 Number of City Lights 107 TOTAL $39,564.31 Colorado 20 6 $3 622.08 Duarte 122 0 $16 995.94 Foothill 76 17 $12 955.92 Huntin• ton 52 237 $97,347.16 Las Tunas 46 62 $25,263.10 Live Oak 10 37 $15 831.55 Lower Azusa Rd 12 0 $3 555.55 Michillinda 51 16 $19,851.81 Peck 14 0 $4148.14 Santa Anita 270 13 $39 425.00 Second 19 0 $5 629.62 Sunset 40 16 $16,592.56 Cam • us 5 32 $17,232.97 TOTAL 914 543 $318,015.71 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 Part III District Budget The City's street light maintenance budget identifies an estimate of anticipated annual expenses associated with the ongoing operation, maintenance and servicing of street light improvements that includes, but is not limited to maintenance of street lights and related facilities, energy costs and incidental expenses. The City provided the total annual cost of street light maintenance for Fiscal Year 2010 -2011, an inventory of arterial street lights, and the maintenance costs attributable to arterial street lights. Table 3 provides the City's street light maintenance budget for Fiscal Year 2010 -2011 and Table 4 provide a detailed inventory of the arterial street lights within the City of Arcadia as well as the maintenance cost associated with these arterial street lights. W WILLDAN Financial Services Table 3 City of Arcadia Street Light Maintenance Budget Table 4 City of Arcadia Arterial Street Light Maintenance Budget Page 23 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 The budget for the proposed District outlines the overall estimated annual cost to provide the District improvements per Zone, that portion of the costs that are considered to be general benefit and special benefit for each Zone, and the additional funding support from the City to establish the proposed initial maximum assessment rates to be applied to the various parcels within each Zone. The District will only partially fund the operation, maintenance and servicing of lighting improvements throughout the City that provide special benefits to properties within the City. The total annual street lighting maintenance budget of the City is $1,071,595, of which, $856,859 has been determined to specially benefit properties within the District based on the assessment methodology. However, the District is being established to fund only a portion of this amount equal to $428,638. As a matter of policy, the City will contribute the remaining $428,221 from the general fund and other revenue sources. Therefore, the City's contribution will not only reduce the assessments against the District's affected parcels, but it will further ensure that property owners are not assessed for more than their proportional special benefit. Table 5 Arcadia Citywide Lighting District No. 1 Maintenance Budget W WILLDAN Financlal Services Page 24 Total Budget Zone 1 Arterial Lights Zone 2 Local Lights Arterial Lights $ 318,016 $ 318,016 $ - Local Street Light Improvements 701,579 - 701,579 Annual Maintenance Budget $ 1,019,595 $ 318,016 $ 701,579 City Contribution for General Benefit (67.5% of Primary) (214,661) (214,661) - Annual Maintenance Budget Less General Benefit $ 804,934 $ 103,355 $ 701,579 Administration 52,000 13,530 38,470 City Contribution for Special Benefit Reduction (428,296) (43,416) (384,880 BALANCE TO LEVY $ 428,638 $ 73,469 $ 355,169 Total Parcels 16,597 2,453 14,144 Parcels Levied 14,720 2,428 12,292 Total EBU to be Levied 16,879.51 4,391.87 12,487.64 Proposed Maximum Rates $16.73 $28.44 (Proposed Rates to be Balloted) City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 The budget for the proposed District outlines the overall estimated annual cost to provide the District improvements per Zone, that portion of the costs that are considered to be general benefit and special benefit for each Zone, and the additional funding support from the City to establish the proposed initial maximum assessment rates to be applied to the various parcels within each Zone. The District will only partially fund the operation, maintenance and servicing of lighting improvements throughout the City that provide special benefits to properties within the City. The total annual street lighting maintenance budget of the City is $1,071,595, of which, $856,859 has been determined to specially benefit properties within the District based on the assessment methodology. However, the District is being established to fund only a portion of this amount equal to $428,638. As a matter of policy, the City will contribute the remaining $428,221 from the general fund and other revenue sources. Therefore, the City's contribution will not only reduce the assessments against the District's affected parcels, but it will further ensure that property owners are not assessed for more than their proportional special benefit. Table 5 Arcadia Citywide Lighting District No. 1 Maintenance Budget W WILLDAN Financlal Services Page 24 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 Parcel Assessment Calculation Pursuant to the provisions of the California Constitution, the proportionate special benefit derived by each parcel within the District and its corresponding assessment obligation shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement. The following formulas are used to calculate each parcel's Levy Amount (proportional assessment obligation): Step 1: Based collectively on the preceding discussion and findings, the estimated annual cost to provide the various District improvements have been allocated to each Zone and separated between general benefit and special benefit. Those improvement costs determined to be of general benefit shall not be assessed to properties within each Zone of the District and these costs are deducted from the total budget to establish the improvement costs determined to be of special benefit. Total Zone Budget — General Benefit Costs = Total Zone Special Benefit Costs Step 2: The Total Zone Budget minus any additional contributions from the City or other revenue sources establishes the `Balance to Levy" for that Zone. This Balance to Levy amount is the proportionately allocated to each parcel within the Zone based on their calculated EBU. Total Zone Budget — Additional City Contribution = Balance to Levy (Zone) Step 3: Each parcel's proportional special benefit is calculated based on the Equivalent Benefit Unit rationale previously discussed: Parcel's Land Use Benefit x (Acreage or Units) x Benefit Multiplier Factor = Parcel's EBU Step 4: The total number of Equivalent Benefit Units for the District and each Zone therein is determined by the sum of all individual EBU(s) applied to parcels that receive a special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for each Zone is established by taking the Balance to Levy in that Zone, and dividing that amount by the total number of EBU(s) for that Zone. Balance to Levy/ Total EBU = Maximum Assessment Rate per EBU (per Zone) Step 5: This Assessment Rate is then applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation. Maximum Assessment Rate per EBU x Parcel's EBU = Parcel's Assessment /WI LLDAN Financial Services Page 25 City of Arcadia Part IV W WI LLDAN Financial Services District Diagram Engineer's Report Arcadia Citywide Lighting District No. 1 The parcels within the District consist of the lots, parcels and subdivisions of land within the City of Arcadia. The District Diagram identifies the boundaries of the District and the Zones therein, and is based on the Los Angeles County Assessor's Maps, the Los Angeles County Assessor's secured roll information and the street lighting improvements that existed at the time this Report was prepared. The combination of this Diagram and the Assessment Roll outlined in Part V of this Report; collectively constitute the District's Assessment Diagram. A copy of the District Diagram is provided on the following page. A full size copy of this diagram is on file in the Office of Public Works Services Department, and by reference this diagram is made part of this Report. Page 26 City of Arcadia W WI LLDAN Financial Services Engineer's Report Arcadia Citywide Lighting District No. 1 ASSESSMENT DIAGRAM FOR ARCADIA CITYWIDE LIGHTING DISTRICT NO. 1 CITY OF ARCADIA, COUNTY OF LOS ANGET .FS, STALE OF CALIFORNIA Arcadia Citywide Lighting District No. 1 Page 27 Land Use COM Parcels Levied 720 FY 10 -11 EBUs 1,635.95 FY 10 -11 Assessment $ 33,182.36 CONDO 3,547 2,625.60 64,701.95 HOT 11 123.31 2,446.61 INS 62 130.94 2,785.21 MFR 873 3,687.02 88,758.80 MIX 10 23.38 408.68 PKG 121 49.25 1,074.77 PUB 79 434.94 10,068.28 SFR 10,724 8,060.00 223,209.89 SPC 35 88.03 1,516.17 VAC 71 21.09 485.28 Grand Total 116,253.00 16,879.51 I $428,638.00 City of Arcadia Part V Assessment Roll Engineer's Report Arcadia Citywide lighting District No. 1 Parcel identification for each lot or parcel within the District is based on the District Diagram presented herein and available parcel maps and property data from the Los Angeles County Assessor's Office at the time this Report was prepared. A summary of the parcels to be assessed within this District along with the associated assessment amounts are provided herein. The actual assessment roll listing each of the parcels to be assessed within this District along with their respective assessment amounts (to be balloted) have been provided to the City Clerk under a separate cover due to the voluminous number of properties to be assessed. If any parcel submitted for collection is identified by the County Auditor /Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and /or new parcel numbers will be identified and resubmitted to the County Auditor /Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rates described in this Report as approved by the City Council rather than a proportionate share of the original assessment. The following is a summary of the land use classifications (parcels) and assessment amounts for the District and each Zone within the District as established by the assessment rates and method of apportionment previously described. District-wide WI LLDAN Financial Services Page 28 Land Use COM Parcels Levied 403 FY 10 -11 EBUs 1,139.45 FY 10 -11 Assessment $ 19,061.07 CONDO 1,149 851.55 14,244.99 HOT 6 90.54 1,514.58 INS 33 80.16 1,340.94 MFR 194 1,375.03 23,001.93 MIX 9 21.88 366.02 PKG 61 27.83 465.55 PUB 22 196.54 3,287.78 SFR 522 514.80 8,611.73 SPC 9 84.31 1,410.36 VAC 23 9.78 163.60 Zone 1 Total 1 2,431.00 4,391.87 $ 73,468.56 Land Use COM Parcels Levied 317 FY 10 -11 EBUs 496.50 FY 10 -11 Assessment $ 14,121.29 CONDO 2,398 1,774.05 50,456.96 HOT 5 32.77 932.03 INS 29 50.78 1,444.27 MFR 679 2,311.99 65, 756.88 MIX 1 1.50 42.66 PKG 60 21.42 609.22 PUB 57 238.40 6,780.50 SFR 10,202 7,545.20 214,598.15 SPC 26 3.72 105.80 VAC 48 11.31 321.68 Zone 2 Total 113,822.00 112,487.64 I $ 355,169.44 City of Arcadia Engineer's Report Arcadia Citywide Lighting District No. 1 Zone 1 Zone 2 w/WILLDAN Financial Services Page 29