HomeMy WebLinkAboutItem 1a: Public Hearing: Kaitlyn Place Landscaping and Lighting DistrictDATE: December 15, 2009
TO: Mayor and City Council
STAFF REPORT
Public Works Services Department
FROM: Pat Malloy, Assistant City Manager /Public Works Services Directo
Prepared by: Phil Wray, City Engineer /Deputy Development Services Direc or
Tom Tait, Deputy Public Works Services Director
Maria A. Taylor, Senior Management Analyst
SUBJECT:
1. CONDUCT A PUBLIC HEARING TO CONSIDER ALL PROTESTS AND CLOSE THE
BALLOT PROCEEDINGS AT THE CONCLUSION OF THE PUBLIC HEARING FOR THE
KAITLYN PLACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
Recommendation: Approve
2. UPON A SUCCESSFUL BALLOTING RESULT, ORDER THE FORMATION OF THE
KAITLYN PLACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
COMMENCING IN FISCAL YEAR 2010/11 BY ADOPTING THE FOLLOWING
RESOLUTIONS:
a. Resolution 6707 declaring the results of the property owner protest ballot
proceedings conducted for the proposed levy of assessments related to the
formation of Kaitlyn Place Landscaping and Lighting District, commencing in fiscal
year 2010/11.
b. Resolution 6706 confirming the Engineer's Report for the formation of the Kaitlyn
Place Landscaping and Lighting District and ordering the levy and collection of
assessments for fiscal year 2010/11.
Recommendation: Adopt
OR
3. IF MAJORITY PROTEST EXISTS BASED ON THE BALLOT RESULT, ABANDON THE
FORMATION OF THE KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT FOR
FISCAL YEAR 2010/11 BY ADOPTING THE FOLLOWING RESOLUTION:
Resolution 6707 declaring the results of the property owner protest ballot
proceedings conducted for the proposed levy of assessments related to the Kaitlyn
Place Landscaping and Lighting Assessment District, commencing in fiscal year
2010/11
Recommendation: Adopt
Page 1 of 3
Mayor and City Council
December 15, 2009
SUMMARY
Staff is requesting that the City Council conduct a Public Hearing to consider all protests to the
Kaitlyn Place Landscaping and Lighting District, close the balloting proceedings at the conclusion
of the Public Hearing, and direct staff to tabulate the ballot.
If the ballot result is successful, staff is requesting the City Council to order the levy of
assessment for the formation of the Kaitlyn Place Landscaping and Lighting Assessment District,
commencing in fiscal year 2010/11 via the Landscaping and Lighting Act of 1972 by adopting the
following Resolution numbers: 6706 and 6707.
However, if a majority protest exists based on the balloting result, staff is requesting the City
Council to abandon the formation of the Kaitlyn Place Landscaping and Lighting Assessment
District and only adopt Resolution number 6707.
DISCUSSION
The Public Works Services Department (PWSD) is working collaboratively with Development
Services Department (DSD) on the proposed Kaitlyn Place Lighting and Landscaping District for
the five (5) lot subdivision development project on Eighth Avenue to ensure recovery of this
area's ongoing lighting and landscaping maintenance and operation costs from its property
owner. This project is separate from the proposed citywide lighting assessment.
At the October 20, 2009 Council meeting, City Council initiated proceedings for the formation of
the Kaitlyn Place Landscaping and Lighting District for a five (5) lot subdivision project on Eighth
Avenue. The City Council also declared the City's intention to form the District; directed the
property owner balloting process; and approved the preliminary Engineer's Report outlining the
data regarding the district and its assessment (plans and specifications, budget, method of
apportionment, and assessment diagram and roll).
Unlike the citywide assessment district, the proposed Kaitlyn Place Landscaping and Lighting
Assessment District only requires one (1) ballot to approve the district since the subdivision
development has only one (1) owner, who is the developer. However, even though this is a very
small district to be formed, staff is still required to follow the Landscaping and Lighting Act of
1972, which contains the requirements for the formation of a landscape and lighting district.
Therefore, staff is requesting that the City Council conduct a Public Hearing to consider all
protests for the proposed Kaitlyn Place Landscaping and Lighting Assessment District, close the
balloting proceedings at the conclusion of the Public Hearing, and direct staff to tabulate the
ballot.
If the ballot result is successful, staff is requesting the City Council to order the levy of
assessment for the formation of the Kaitlyn Place Landscaping and Lighting Assessment District,
commencing in fiscal year 2010/11 via the Landscaping and Lighting Act of 1972 by adopting the
following Resolution numbers: 6706 and 6707.
However, if a majority protest exists based on the balloting results, staff is requesting the City
Council to abandon the formation of the Kaitlyn Place Landscaping and Lighting Assessment
District and only adopt Resolution number 6707.
Page 2 of 3
Mayor and City Council
December 15, 2009
FISCAL IMPACT
The proposed annual budget for the Kaitlyn Place Landscaping and Lighting Assessment District
is $3,427.65 including a maximum annual inflationary rate adjustment of 3% (only as necessary)
to account for reasonable increases in electricity, water and landscaping that are inevitably
associated with the maintenance and operations of the proposed District.
Upon successful establishment of Kaitlyn Place Landscaping and Lighting District, the
Landscaping and Lighting Act of 1972 will allow the City to collect a special benefit assessment
through the property owners' annual property tax bill to fund the proposed District's ongoing
lighting and landscaping maintenance and operational costs including district administration.
RECOMMENDATION
1. Conduct a Public Hearing to consider all protests and close the ballot proceedings at
the conclusion of the Public Hearing for the Kaitlyn Place Landscaping and Lighting
Assessment District
Recommendation: Approve
2. Upon a successful balloting result, order the formation of the Kaitlyn Place
Landscaping and Lighting Assessment District commencing in fiscal year 2010/11 by
adopting the following Resolutions:
PM:PW:TT:MT
Attachments
a. Resolution 6707 declaring the results of the property owner protest ballot
proceedings conducted for the proposed levy of assessments related to the
formation of Kaitlyn Place Landscaping and Lighting District, commencing in fiscal
year 2010/11.
b. Resolution 6706 confirming the Engineer's Report for the formation of the Kaitlyn
Place Landscaping and Lighting District and ordering the levy and collection of
assessments for fiscal year 2010/11.
Recommendation: Adopt
Page 3 of 3
or
3. If majority protest exists based on the ballot result, abandon the formation of the
Kaitlyn Place Landscaping abandon the formation of the Lighting District by adopting
the following Resolution:
Resolution 6707 declaring the results of the property owner protest ballot
proceedings conducted for the proposed levy of assessments related to the Kaitlyn
Place Landscaping abandon the formation of the Lighting Assessment District
Recommendation: Adopt
Approved by: .-.1
Donald Penman, City Manager
RESOLUTION NO. 6706
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA CONFIRMING THE ENGINEER'S
REPORT FOR THE FORMATION OF THE KAITLYN PLACE
LANDSCAPING AND LIGHTING DISTRICT 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 resolutions, initiate proceedings for the formation
of the Kaitlyn Place Landscaping and Lighting District (hereafter referred to as the
"District "), and declared its intention to conduct a protest balloting 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 installation, operation, maintenance and
servicing of local landscaping and street lighting improvements 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 a property owner protest ballot proceeding 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
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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, including installation of local
landscaping and street lighting 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, 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 majority protest of the
assessments did not exist.
SECTION 3. Based upon its review (and amendments, as applicable) of the
Engineer's Report, which has been filed with the City Clerk, the City Council hereby finds
and determines that:
3a) The land within the District will receive special benefit from the installation,
operation, maintenance and servicing of local landscaping and street lighting
improvements and appurtenant facilities related thereto, to be provided by the District as
2
as described in the Engineer's Report.
3b) The District as defined by the Boundary Map contained in the Engineer's
Report, includes all of the lands receiving such special benefit.
3c) 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
local landscaping and street lighting improvements and services to be provided
commencing with Fiscal Year 2010/2011.
SECTION 4. The City Council hereby orders the proposed local landscaping and
street lighting 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 installation,
operation, maintenance and servicing of local landscaping and street lighting
improvements and appurtenant facilities within the District that provide special benefits to
properties therein.
SECTION 5. The maintenance, operation and servicing of local landscaping and
street lighting improvements shall be performed pursuant to the Act, and for Fiscal Year
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.
3
SECTION 6. The adoption of this Resolution constitutes the formation of the
District, the boundaries of which are identified by the Boundary Map; 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 adoption of this Resolution, and the
minutes of this meeting shall so reflect the City Council's approval of the formation of the
District 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 County Auditor of Los
Angeles.
Passed, approved and adopted this day of , 2009.
ATTEST:
City Clerk
APPROVED AS TO FORM:
P j
Stephen P. Deitsch
City Attorney
4
Mayor of the City of Arcadia
RESOLUTION NO. 6707
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 KAITLYN PLACE LAND-
SCAPING AND LIGHTING DISTRICT 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 resolutions, initiate proceedings for the
formation of the Kaitlyn Place Landscaping and Lighting District (hereafter referred to
as the "District "), and declared its intention to conduct a protest balloting 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 local landscaping and street
lighting improvements related thereto; and
WHEREAS, in accordance with the provisions of the California Constitution,
Article XIIID, the City Council has caused and conducted a property owner protest ballot
proceeding for the proposed new assessments to be levied on properties within the
District; and
WHEREAS, the assessments presented to each property owner of record within
the District reflect each property's proportional special benefit and financial obligation
for the costs and expenses related to the ongoing operation, maintenance, servicing
and incidental expenses related to the local landscaping and street lighting
improvements associated with the District, as authorized by the Act and the applicable
1
provisions of the California Constitution. The notice and ballot presented to the property
owners of record clearly identified the total amount represented by and applicable to the
ballot for each property, the proposed assessment rate, the property's proportional
annual amount commencing with Fiscal Year 2010/2011 and the inflationary adjustment
applicable to future assessments; and
WHEREAS, upon the close of the Public Hearing held on December 15, 2009,
the protest ballots returned by the landowners of record within the District, were opened
and tabulated, the results of which are illustrated below:
Yes:
No:
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. The protest ballot proceedings were conducted with the notices
and ballots of the proposed new assessments presented to the qualified property
owners of record within the District as required by law, with a required receipt of the
returned ballots to the City Clerk prior to the close of the Public Hearing on December
15, 2009.
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.
2
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 proceeding.
SECTION 5. This Resolution shall become effective immediately upon its
adoption.
SECTION 6. The City Clerk shall certify the adoption of this Resolution.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Passed, approved and adopted this
Stephen P. Deitsch
City Attorney
3
day of , 2009.
Mayor of the City of Arcadia
CITY OF ARCADIA
KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT
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
ARCADIA
INTENT MEETING: OCTOBER, 20 2009
PUBLIC HEARING: DECEMBER 15 , 2009
/ WI LLDAN
Financial Services
www.willdan.com
Anaheim, CA
Lancaster, CA
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Oakland, CA
Office Locations
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Dated this
ENGINEER'S REPORT AFFIDAVIT
Formation of the
Kaitlyn Place Landscaping and Lighting District
And establishment of Annual Assessments for said District
This Report and the enclosed descriptions, budget and assessment diagram outline the
plans and specifications for the formation of Kaitlyn Place Landscaping and Lighting
District 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
City of Arcadia,
County of Los Angeles,
State of California
day of , 2009.
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 4
PART II - METHOD OF APPORTIONMENT 6
BENEFIT ANALYSIS 6
ASSESSMENT METHODOLOGY 7
ASSESSMENT RANGE FORMULA 9
PART III - DISTRICT BUDGET 10
PART IV - DISTRICT DIAGRAM 11
PART V - ASSESSMENT ROLL 13
City of Arcadia Engineer's Formation Report
Kaitlyn Place Landscaping and Lighting District
Introduction
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 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:
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IV Financial Services
Kaitlyn Place Landscaping and Lighting District
(hereafter referred to as "District "), for the purpose of funding the ongoing operation,
maintenance and servicing of various public landscaping and street lighting improvements
associated with the development and approval of Final Map No. 69958 that have been
determined to be of special benefit to the property therein. 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.
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
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 majority protest exists, the City Council shall abandon the
formation of the District, and the proposed levy of assessments described herein. If majority
protest does not exist, the City Council may, by resolution, adopt this Report (as submitted
or amended) including the assessment diagram; order the formation of the District; approve
Page 1
City of Arcadia Engineer's Formation Report
Kaitlyn Place Landscaping and Lighting District
the levy and collection of the assessments including the assessment range formula as
described herein; and order the improvements 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, 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.
This Report consists of five (5) parts:
Part I
Plans and Specifications: A description of the District boundaries and the proposed
improvements associated with the District. The District is being formed with a single benefit
zone encompassing all properties that benefit from the proposed landscaping and street
lighting improvements.
Part II
Method of Apportionment: This section of the Report provides a discussion of benefits to
properties within the District, the apportionment of the improvement 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.
Part III
District Budget: An estimate of the annual funding required for the estimated annual
maintenance, servicing and operation of landscaping and street lighting improvements
within the District and specifically the costs associated with the improvements determined to
be of special benefit to parcels within the District. The budget identifies an estimate of
anticipated ongoing annual expenses to service, maintain and operate proposed landscaping
and street lighting improvements for the orderly development of Final Map No. 69958. The
budget establishes an initial calculated maximum assessment rate for the District. Because
the annual cost of maintaining 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.
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City of Arcadia Engineers Formation Report
Kaitlyn Place Landscaping and Lighting District
Part IV
District Diagram: A Diagram showing the exterior boundaries of the District 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.
Part V
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.
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City of Arcadia , Engineer's Report
Kaitlyn Place Landscaping and Lighting District
Part I Plans and Specifications
Description of the District
The territory within the District consists of all lots, parcels of land and subdivisions within
pending recordation Final Map No. 69958. An Assessment Diagram incorporated herein
under Part IV of this Report, outlines the boundaries of the District. This diagram
incorporates all lots, parcels and subdivisions of land within the District as the same existed
at the time this Report was prepared.
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 associated assessments may include but are not limited to
some or all of the following:
❖ The installation or planting of landscaping.
❖ 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 the report, including plans, specifications, estimates,
diagram, and assessment;
➢ The costs of printing, advertising, and the publishing, posting and mailing of
notices;
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City of Arcadia Engineer's Report
Kaitlyn Place Landscaping and Lighting District
➢ Compensation payable to the County for collection of assessments;
➢ Compensation of any engineer or attorney employed to render services;
➢ 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;
District Facilities and Improvements
Detailed maps and descriptions of the location and extent of the District's proposed
landscaping and street lighting improvements are on file in the Office of Development
Services Department, and by reference these documents are made part of this Report. The
following provides a summary of the landscaping and street light improvements proposed to
be maintained by the District and associated with Final Map No. 69958 at the time this
Report was prepared and upon which the assessments for the District and specifically fiscal
year 2010/2011 have been established:
• 1 streetlight per City Standard 805 -1, Marbelite cobra -head, 5,800 Lumens located on
Eighth Avenue
• 5 streetlights per City Standard 805 -2, decorative, 5,800 Lumens located on Kaitlyn
Place
• Approximately 600 square feet of landscaped parkway (2' x 300') including, but not
limited to, five (5) Yew Pine trees, one (1) Crape Myrtle tree, one (1) mature Oak
tree, several shrubs, groundcover, and a vine covering the block wall. Plants are
irrigated with a multi- station automatic controller.
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City of Arcadia Engineer's Report
Kaitlyn Place Landscaping and Lighting District
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 the parcels within the District receive from
the proposed improvements. The formulas used to calculate each parcel's proportional
special benefit and assessment obligation is based on the entirety of the cost to provide 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
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 landscaping and 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 propery- 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 property located in the district or to the public at large. General enhancement of property value does
not constitute "special benefit."
Article XIIID Section 4a defines proportional special benefit assessments as:
"An agency which proposes to levy an assessment shall identinl all parcels which will have a special
benefit conferred upon them and upon which an assessment will be imposed. The proportionate special
benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital
cost of a public improvement, the maintenance and operation expenses of a public improvement, or the
cost of the property related service being provided. No assessment shall be imposed on any parcel which
exceeds the reasonable cost of the proportional special benefit conferred on that parcel."
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City of Arcadia Engineers Report
Kaitlyn Place Landscaping and Lighting District
The method of apportionment (method of assessment) established herein is based on the
premise that each assessed property receives special benefits from the proposed landscaping
and local 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. In addition, the
proposed improvements and maintenance of such improvements are a requirement for the
orderly development and approval of Final Map No. 69958
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 the benefit to affected properties within the District.
The improvements provided by this District and for which properties will be assessed have
been identified as necessary, required and /or desired for the orderly development of the
properties within the proposed District to their full potential, consistent with the
development's conditions of approval. As such, these improvements were determined during
the development entitlement process to be necessary and required of individual property
owners for the development of such properties and the ongoing operation, servicing and
maintenance of these improvements would be the financial obligation of those properties. In
addition, all of the improvements proposed to be maintained by the District specially benefit
the properties within the District through traffic access and improved safety, and are not
required to improve the overall safety of the community as a whole or traffic circulation of the
City, with the exception of one street light on Eighth Avenue. Although the street light on
Eighth Avenue is being installed as part of the approval of Final Map No. 69958, the street
light will not only provide a special benefit to properties within the District, but will also
provide a general benefit to those that utilize the street independent of access to properties in
the District. Therefore, to be conservative, only fifty percent (50 %) of the maintenance for the
streetlight on Eighth Avenue is considered to be a distinct and special benefit to properties
within the District.
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 entirey of the capital cost of apublic improvement or the maintenance and operation expenses of a
public improvement or for the cost of the property related service being provided. No assessment shall be
imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on
that parcel."
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City of Arcadia Engineer's Report
Kaitlyn Place Landscaping and Lighting District
Equivalent Benefit Units
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 typically 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. For this particular District, Assessor's Parcel Numbers
5780- 023 -069, 5780 - 023 -070, and 5780 - 023 -071 will be subdivided into five (5) single family
residential lots as part of the recordation of Final Map No. 69958. Therefore, one (1.0) EBU
will be assigned to each single family residential lot and the cost of services will be evenly
apportioned to the each of the five residential lots.
Exempt Property (Parcel) — certain parcels are exempt from the assessment since they do
not receive a special benefit from the improvements. Parcels that are exempt may include
but is not limited to:
• Lots or parcels identified as public streets and other roadways (typically not assigned an
APN by the County);
• 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;
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 development
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
and /or development status has not changed.
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City of Arcadia Engineers Report
Kaitlyn Place Landscaping and Lighting District
Assessment Range Formula
Pursuant to the California Constitution Article XIIID, the imposition of any new or
increased assessment requires certain noticing and meeting requirements. Prior to the
passage of Proposition 218 (Now Articles XIIIC and XIIID of the California Constitution),
legislative changes in the Brown Act defined a "new or increased assessment" to exclude
certain conditions. These conditions included "any assessment that does not exceed an
assessment formula or range of assessments previously adopted by the agency or approved
by the voters in the area where the assessment is imposed."
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 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.
Beginning in the District's second fiscal year (Fiscal Year 2011/2012) 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 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.
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City of Arcadia
Part III District Budget
Engineer's Report
Kaitlyn Place Landscaping and Lighting District
The District budget identifies an estimate of anticipated annual expenses associated with the
ongoing operation, maintenance and servicing of landscaping and street light improvements
within the District.
The following budget outlines the overall estimated annual cost to provide the District
improvements, and the proposed initial maximum assessment rates to be applied in Fiscal
Year 2010 -2011:
Proposed Budget
Kaitlyn Place Landscaping and Lighting District
Fiscal Year 2010/2011
Levy Components
DIRECT COSTS
A D�11
N FR VI COSTS
COLLECTION S /(CREDITS).AP PLIED TO LEV)
BALAN TO LE1
DISTRICT STATISTICS
City of Arcadia
Maximum Annual
Assessment
Landscape Maintenance
Landscape Utilities
Streetlight Maintenance
Streetlight Utilities
Direct Costs (Subtotal)
$1,911.30
66.00
325.35
275.00
$ 2,577.65
District Administration and Professional Costs
Administration Costs (Subtotal)
$850.00
$850.00
Reserve Fund
Total Adjustments (Subtotal)
0.00
$ 0.00
Balance to Levy
$3,427.65
Total Assessor's Parcels
Total Equivalent Benefit Units
Maximum Levy per Benefit Unit
3
5.00
$685.53
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City of Arcadia Engineer's Report
Kaitlyn Place Landscaping and Lighting District
Part IV District Diagram
The parcels within the District consist of the lots, parcels and subdivisions of land within the
Final Map No. 69958. The District Diagram identifies the boundaries of the District, and is
based on the Los Angeles County Assessor's Maps, the Los Angeles County Assessor's
secured roll information. 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 Development Services Department, and by reference this
diagram is made part of this Report.
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City of Arcadia
IV WI LLDAN
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Engineer's Report
Kaitlyn Place Landscaping and Lighting District
ASSESSMENT DIAGRAM FOR
KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT
CITY OFARCADIA, COUNTY OF LOS ANGET FS, STATE OF CALIFORNIA
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PROPOSED BOUNDARIES OF
KAITLYN PLACE LANDSCAPING AND LIGHTING DISTRICT
CRY OF ARCADIA
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
PAAELACIR
LEGEND
a NAP REF. NO.
CAANO GROVE AVE
PAMELA PL
LLD 2000.4 BOUNDARY
CAANO REAL
ALTERN ET
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City of Arcadia Engineer's Report
Kaitlyn Place Landscaping and Lighting District
Part V Assessment Roll
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. The parcels to be assessed
within this District along with the associated assessment amounts are provided herein.
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.
Assessment Roll Fiscal Year 2010/2011
Assessor's Parcel No.
5780- 023 -069
5780- 023 -070
5780- 023 -071
Total Dail!
5
hale per EBV
$ 685.53
Total Charge
$ 3,427.65
Note: The 3 above listed APNs are anticipated to subdivide into 5 lots, in which case each of the 5 new APNs would each
receive 1 EBU per parcel. However, in the case that the expected subdivision does not occur, the total EBUs will be
allocated to the 3 original above referenced parcels based on their pro rata share of acreage.
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