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HomeMy WebLinkAbout07.BK- Public Works RESOLUTION(ID# 1687) DOC ID: 1687 CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION Assessment Rolls From: Robert Eisenbeisz M/CC Meeting Date: 06/18/2012 Prepared by: Ryan Sandoval, (909) 384-5140 Dept: Public Works Ward(s): 5 Subject: Resolution of the City of San Bernardino Confirming the 2012/2013 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District,Wagonwheel Road Area. Financial Impact: The total assessment of$2,224,856.77 pays the City's maintenance,operation and incidental costs for the various districts. If the assessments are not approved,the City will not be reimbursed for the costs. The general benefit amount of$37,612.89 from various districts as shown on the attached report,will not be reimbursed from the Assessment Districts for FY 2012/2013, as these amounts are determined to be general benefit and therefore not assessable, and will be paid for from the General Fund. Assessment deficits for twenty Districts, as set forth below,total $124,560.17. Motion: Adopt Resolution. Synopsis of Previous Council Action: 06-20-2011 - Approval of 2011/2012 Assessment Rolls (various Assessment Districts). Backeround: Over the years, various Assessment Districts have been formed throughout the City for various types of improvements or maintenance. The majority of these are Landscape Maintenance Assessment Districts that were formed as a result of conditions of approval for the development of various tracts. The Districts provide a means of funding the maintenance of landscaping that was installed throughout these tracts. The annual assessments include the costs for maintenance, water and energy, inspection, and administration. The currently formed Landscape Maintenance Assessment Districts are AD 951 (Zones 1 and 2), 952 (Zones 1, 2, 2A, and 3), 953, 956, 959 (Zone 1 Only), 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012, 1016, 1017, 1019, 1020, 1022 (Zones 1, 2 and 3), 1023, 1024, 1025, 1027, 1028, 1029, 1030, 1031, 1032, 1035 (Zones 1 and 2), 1036, 1037, 1038, 1039, 1040, 1041,1042, 1043 (Zone 1 and 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1057, 1059, 1060, 1061, 1062, 1063, 1064, and 1068. The attached maps show the location and boundary of each of the districts. Assessment District 1058 (Foothill Dr & Sterling Ave area) was formed in 2008, PacketPg. 1337 Undated:6/5/2012 by Linda Sutherland Page I 1687 but was terminated in 2011 due to the tract map being reverted back to acreage. There are Assessment Districts that were previously formed (AD 959 Zone 2, Little Mountain and AD 970, Little League Drive), but development did not occur at these sites and these districts are currently inactive. Assessment District No. 984 (Central &Gifford) was formed as a "Default District" but is also currently inactive. These districts were never assessed previously and are not shown in the attached summary report. Several of the districts on the summary report show a $0 total assessment amount. These are inactive districts that were formed over the past few years and have had the initial estimate of maintenance costs previously assessed, but have also not been developed or landscaping has not yet been installed. Assessments for these districts will resume once landscaping installation has been completed and the City has taken over the maintenance. These inactive districts are AD 1048 (Randall & Eucalyptus), AD 1049 (Ohio & Chestnut), AD 1051 (Olive & Belmont), AD 1053 (6th & Sterling), AD 1054 ( Campus Parkway & Valles), AD 1060 (Chiquita& Date), AD 1 1061 (Mill & Meridian), and AD 1062 (Palm & Piedmont) which are shown on the summary report for reference only. There are five Assessment Districts for the maintenance of sewer lift stations. These districts are AD 962, 963, 989, 1024 and 1055 (the latter three also include landscape maintenance). Since all of these districts are for maintenance, the assessments are collected in perpetuity or until termination of the Assessment District. Assessment District No. 1038, (Orange Show Road and Arrowhead), Assessment District No. 1063 (Central & Lena) and Assessment District No. 1064 (Cajon & Glen Helen) were established as"Default Districts'; i.e., the Property Owners Association is to maintain the perimeter landscaping,and the districts will only assume the maintenance, after due notice, in the event that the owners default on the maintenance. There is still a minimal annual assessment amount to cover weekly inspection and incidental costs. Assessment District No. 1068 (Tippecanoe and Central), also formed as a "Default District", was previously approved this fiscal year, along with the first year assessment roll, and is included here only for information. The general benefit portion of this district, if any, will be taken into account once actual maintenance has been started and actual maintenance costs determined. The amount shown on the roll is to "pre-fund" the estimated fast year's maintenance costs and have Updated:6/5/2012 by Linda Sutherland Page 2 1687 already had the estimated general benefit amount deducted, as shown in the Engineers' Report. Assessment District No. 1022 and its Zones 1, 2, and 3 (SBIA Area Landscape/Lighting Maintenance Assessment District) has provisions for portions of the district being established as a "Default District," and the parkway landscaping is being maintained by the adjacent property owners under a default agreement; however, the City maintains the median areas, as well as Timber Creek, and all of the property owners are assessed for those costs as well as the street lighting maintenance and energy costs. Assessment District No. 1018 was formed for the acquisition of improvements consisting of curb, gutter, sidewalk, and perimeter block wall within Tract No. 14448, located at Northpark Boulevard and Mountain Drive. This District runs for a total of 15 years (four years remaining, including the current assessment year), and provides the funds to reimburse the developer (Osborne Development or their assignee) for the costs of installing the stated public improvements,pursuant to an agreement between the City and the developer. i Additionally, Community Facilities District (CFD) No. 1033, Verdemont Fire Station, was approved in 2004, allowing developers within the fire station's service area to fund their respective California Environmental Quality Act (CEQA) impact mitigation fees through the district, in lieu of paying the entire fee at once. The assessment funds a portion of the operations and maintenance costs of the Verdemom Fire Station. The assessment for the CFD is not imposed until such time that building permits are issued for the various parcels within the district. Currently, there are six residential tracts within the CFD, and seven non-residential developments. Two of the residential tracts and five of the non-residential developments are currently being assessed. Annexation into the CFD is an ongoing process as development occurs in the Verdemont area and developers choose annexation into the CFD rather then paying the entire fee in one sum. In 2006, the City annexed an area generally north of Highland Avenue,between Golden Avenue and Del Rosa Avenue. This area is subject to a special tax that was established by the County of San Bernardino for paramedic services. Annexation law allows the City to assume collecting those fees, and the district was established as Special Tax Area 2006-1. The rate is $19 per year per unit for residential properties and $38 per year per unit for commercial properties. The funds collected in this district may only be used for paramedic services within the District. Undated:6/5/2012 by Linda Sutherland Page 3 1687 In 2009, the Mayor and Common Council and the Community Development Commission approved the formation of a Property and Business Improvement District (PBID) in the Auto Center area to fund security services, enhanced maintenance and marketing activities. In 2010, the Auto Center Association received a loan in the amount of $1,218,372 from the Redevelopment Agency to fund these improvements and services. The properties within the PBID are assessed annually, for a four year period, as payment for the loan. With the passage of Proposition 218 in November 1996, new procedures and requirements became necessary not only for the formation of Assessments Districts,but also for annual levies; however, certain types of Districts are"exempt"from the procedural requirements of Proposition 218. The exemptions can be based on, but not limited to, a district being formed by 100 percent approval of the property owners at the time the district was formed. This is the case with a large portion of the districts established prior to the passage of Proposition 218, since these were formed when they were still under one ownership,typically the developer. I j Assessments for the exempt districts do not need to go through the procedural requirements of Proposition 218 property, unless there is an increase in the assessment amount over any highest prior assessment, which requires approval of the majority of property owners in the district, as 1 well as the district being brought into full compliance with Proposition 218. Even in the case of an increase, if the methodology or the rate of assessment remains the same, the exemption may still apply. All of the districts formed since the passage of Proposition 218 (AD 1017 and newer) have escalators built in to allow for an increase equal to the greater Los Angeles Consumer Price Index (CPI) or five percent, whichever is less. The CPI for 2011 was 3 percent. Escalators were applied where allowed and justified. The assessments are based on actual prior year's costs plus amounts estimated for reserves or operational increases as necessary and where appropriate, to ensure proper ongoing maintenance. In some situations, assessments were increased to a previous higher assessment, without property owner approval, when the prior year's assessment was not at the highest amount allowed. Property owner approval is not required in these situations. The attached summary lists the various districts being submitted, as well as the proposed and prior highest assessment amounts. Pursuant to the procedural requirements of Proposition 218, those portions of any maintenance or improvements determined to be of a general benefit cannot be assessed to the Assessment District. Portions of the maintenance within several districts formed after the passage of Proposition 218, have been determined to be a general benefit and these amounts cannot be assessed to the respective districts so they will need to be paid from the general fund or another eligible funding source. The specific formulas for determining general benefit are contained Updated:6/5/2012 by Linda Sutherland Page 4 1687 within the respective Engineer's Reports. The attached Assessment Summary by District report shows the general benefit amounts for each district that are not assessable, where applicable. The total general benefit amount is$37,612. Twenty Districts are currently operating at a deficit due to substantial increases in maintenance costs over the past several years, as shown under the column, "Amount to be funded through the General Fund," on the attached report. The column titled, "Cumulative Assessment/Reserve Balance," is the cumulative reserve balance/deficiency over the life of the respective district. For all of these districts, the maximum assessment allowed will be assessed, which will not be sufficient to cover the deficiencies. The current deficiencies, together with the general benefit amounts as described above,will not be reimbursed to the General Fund. The attached summary report shows the amount of deficiency for each district, where applicable. The total deficiency amount is $124,560. (Total of general benefit and the deficient amounts to be funded through the general fund is$162,173). i The deficits may possibly be reduced by one of the following: 1) Increase the assessment through a Proposition 218 ballot process; or 2)Reduce the cost of maintenance to an amount that is less than the maximum assessment allowed. Depending on the specific districts, recovery from the respective deficit may take several years. The other alternative is for the City to absorb those V costs exceeding the maximum assessment allowed using non-assessment district funds. The attached 59 Resolutions confirm the 2012/2013 Assessment Rolls for the respective Assessment Districts. A detailed assessment roll for each district, depicting the amount to be assessed against each parcel within each district,is on file in the Office of the City Clerk. City Attorney Review: Supportin¢Documents: AD Assessment Summary (PDF) AD 951 Map (PDF) 0951-Resolution (PDF) PackefPg. 1341 Updated:6/512012 by Linda Sutherland Page 5 (ZZ 8 I,Z 1.96 aV L890 /jewwng luswssesstl Utl.luewyaeUV S m n m n ^m e $ ^ E Y O O $ $ i M w w m « a � 2 E m m 6 p^ Et 8 3 a N N » M N M E E n ° - $ N° °^ °N N y � F 5 y 0 O O r N $ Fa N M p N M w Nw N N M N « ro I I �N w a z z m °' z N f a s a a o s o s s a o a T y y N N N N w f w N en C u Z L z Z Z $ Z N F x C T a `l N E d $ $ v � u z W z z z - a a E ❑ w m z a z z z �' z z ❑ {at z + w w f pw M QOM h] w ya m Z Q YUY 1 VN m ,a Z n $ Z N v N F N hZl a S . r �j i° a O L o LIS LYi yy.. ! 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I NIl Z 'oP O N W IYYI O W d H C = m H l➢ t Z Z 3 N O Z 6 m € \ s OYroYMJn q a ��, - % ad LL d U O F \ L u a rc e i L e m Q N Z N inb i nd a N N Z W p o z rn a w Q z LLZ N z °w .qE O - N O6 Y w L y GY 6 U w Y O W Y i M 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2012/2013 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, ZONE 1 3 AND ZONE 2, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, 4 WAGONWHEEL ROAD AREA. 5 WHEREAS, by Resolution No. 81-482, the Mayor and Common Council found that 6 the public interest, convenience, and necessity required the formation of a landscaping 7 construction and maintenance district; and 8 N WHEREAS, by said Resolution No. 81-482, the Mayor and Common Council formed o6 9 N 10 an assessment district ]mown as Assessment District No. 951, Zone 1 and Zone 2, for the 0 11 purpose of providing landscaping construction and maintenance in the Wagonwheel Road area a r 12 pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and 13 WHEREAS, by Resolution No. 81-360, the Mayor and Common Council declared cc 14 "w that all the land included within the boundaries of said district receive a special benefit by the d 15 16 construction and maintenance of said landscaping; and 4 3 O 17 WHEREAS, said Resolution No. 81-360 declared that an annual assessment shall be d 18 levied on all land within the district to provide funding for said landscaping construction and o 19 maintenance and the administration thereof; and E 20 t 21 WHEREAS, the payments on the construction portion of the district were spread over 9 a 22 a five (5) year period and the last assessment levied thereon was on the 1987-88 Assessment 23 Roll and subsequent assessments are only for the maintenance and administration of the 24 landscaping;and 25 26 WHEREAS, an Assessment Roll has been prepared totaling$5,251.35 for Zone 1,and 27 $6,820.80 for Zone 2, which sets forth the individual assessments to be levied on each of the 28 parcels of land within Assessment District No. 951 for the fiscal year 2012/2013; and 06/06/12 1 PacketPg. 1350 7BK.c RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2012/2013 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, ZONE 1 AND ZONE 2, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT,WAGONWHEEL ROAD AREA. 2 3 WHEREAS,Article XIII D of the California Constitution requires that any and all 4 5 Assessment Districts existing on the effective date of said Article XIII D shall comply with the 6 procedural and approval process as set forth in Section 4 of said Article XIII D, except as set 7 forth in Section 5 therein. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 9 CITY OF SAN BERNARDINO AS FOLLOWS: N 10 SECTION 1. That the Mayor and Common Council do hereby find and 0 11 a determine that the assessments as set forth on said Assessment Roll No. 951, are hereby exempt m 12 from the procedural and approval requirements of Article XIII D of the California Constitution, 13 L r-- 14 as provided for under Section 5(a) of said Article XIII D, and that the assessment amounts as 15 set forth on said Assessment Rolls are equal to or less than any prior approved assessments. c 16 S SECTION 2. That the Mayor and Common Council do hereby find and determine � 0 17 that the proportionate costs to be levied against the parcels of land within Assessment District 18 n No.951, Zone 1 and Zone 2, are correctly set forth on Assessment Roll No. 951, Zone 1 and o 19 20 Zone 2, for the fiscal year 2012/2013, on file in the office of the City Clerk of the City of San E t v 21 Bernardino, and do hereby confirm said assessments. a 22 SECTION 3. That the City Clerk is directed to cause a copy of this Resolution 23 to be transmitted to the Office of the Auditor-Controller for the County of San Bernardino with 24 25 the request that the individual assessments be placed on the subject 2012/2013 property talc 26 bills for collection together with all other property taxes. 27 © 28 06106/12 2 _ Packet Pg.1351�` RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2012/1013 ASSESSMENT �.- 1 ROLL FOR ASSESSMENT DISTRICT NO. 951, ZONE 1 AND ZONE 2, LANDSCAPING 2 CONSTRUCTION AND MAINTENANCE DISTRICT,WAGONWHEEL ROAD AREA. 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 5 Common Council of the City of San Bernardino at a meeting thereof 6 held on the day of ,2012, by the following vote,to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ N m 9 JENKINS N 10 11 VALDIVIA °a r 12 SHORETT 13 KELLEY i c 0 © 14 JOHNSON m 15 � MCCAMMACK c 16 5 0 17 o: 18 GEORGEANN HANNA,City Clerk m 0 19 20 The foregoing resolution is hereby approved this day of ,2012. E r u 21 22 23 PATRICK J. MORRIS,Mayor City of San Bernardino 24 25 Approved as to form: 26 9'Al ES F. PENMAN, City Attorney 27 28 06/06/12 3 PacketPg. 1352