HomeMy WebLinkAbout2019-147Resolution No. 2019-147
RESOLUTION NO. 2019-147
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO.
952 (STATE COLLEGE AREA) AND ZONE 3 THEREOF
FOR FISCAL YEAR 2019-20, APPROVING THE
ENGINEER'S REPORT AND PROVIDING NOTICE OF
THE TIME AND PLACE OF HEARING ON PROPOSED
ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the "City Council") has
established Assessment District No. 952 (State College Area) of the City of San Bernardino (the
"Assessment District") pursuant to the Charter of the City of San Bernardino and Section 19 of
Article 16 and in compliance with Article XIII D of the Constitution of the State of California
(the "Assessment Law"); and
WHEREAS, on May 15, 2019, the City Council adopted a resolution initiating
proceedings to levy and collect assessments for fiscal year 2019-20 within the Assessment
District and ordering the preparation of a report regarding assessments to be levied and collected
within the Assessment District for fiscal year 2019-20 to pay the costs of the maintenance,
servicing and operation of public landscaping and appurtenant facilities authorized by the
Assessment Law; and
WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City
Council to prepare such report, has filed its report with the City Clerk and such report has been
presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant
to the Assessment Law and, among other things, fixing and giving notice of the time and place of
a public hearing on said report and the proposed assessments for said fiscal year;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) The foregoing recitals are true and correct;
(b) The report of Spicer Consulting Group, LLC (the "Report") contains all matters
required by the Assessment Law and may, therefore, be approved by the City Council;
(c) The assessments which are proposed to be levied on all parcels of assessable land
within the Assessment District for fiscal year 2019-20 are determined pursuant the methodology
in the engineer's report based on special benefit conferred upon each such parcel from the
55600.00902132026783.1
Resolution No. 2019-147
payment of the cost of the maintenance, servicing and operation of public landscaping and
appurtenant facilities; and
(d) The amount of the assessment which is proposed to be assessed on each such
parcel is not proposed to be increased over the amount of the assessment which was levied on the
parcel for fiscal year 2018-19.
SECTION 2. Intention. The City Council declares that it intends to levy assessments on
all lots and parcels of assessable land within the Assessment District for Fiscal Year 2019-20, as
set forth in the Report. Those assessments will be collected at the same time and in the same
manner as county taxes are collected, and all laws providing for the collection and enforcement
of county taxes shall apply to the collection and enforcement of the assessments.
are:
SECTION 3. Improvements. The improvements authorized for the Assessment District
(a) The installation or planting of public landscaping and appurtenant facilities;
(b) The installation or construction of any facilities which are appurtenant to any of
the foregoing or which are necessary or convenient for the maintenance, servicing and operation
thereof, including water, irrigation, drainage or electrical facilities; and
(c) The maintenance or servicing, or both, of any of the foregoing, including all
matters specified in the Assessment Law and the original engineer's report which are applicable
thereto.
SECTION 4. Maintenance. The maintenance to be performed consists of the furnishing
of services and materials for the ordinary and usual maintenance, operation, and servicing of
public landscape, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon,
including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems.
(c) Servicing and maintenance of plantings and landscaping.
(d) Repair and maintenance of incidental drainage facilities.
SECTION 5. Assessment District. The distinctive designation of the Assessment
District is "Assessment District No. 952 (State College Area) of the City of San Bernardino."
The boundaries of the Assessment District are described and shown in the Report.
SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk,
and which has been presented to the City Council at the meeting in which this resolution is
adopted, is approved. Reference is made to the Report for a full and detailed description of the
improvements, the boundaries of the Assessment District, the zone therein, and the proposed
assessments upon assessable lots and parcels of land therein for the 2019-20 fiscal year.
55600.00902\32026783.1 -2-
Resolution No. 2019-147
SECTION 7. Hearin. The time and place of the hearing required by the Assessment
Law is set for 7:00 o'clock p.m. on August 7, 2019 in the Bing Wong Auditorium of the Norman
F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California.
SECTION 8. Notice of Hearin . NOTICE IS HEREBY GIVEN that on the date and
at the time and place specified in Section 7 hereof, the City Council will conduct the public
hearing on the Report and the assessments to be levied on assessable lots and parcels of property
in the Assessment District for fiscal year 2019-20. Any interested person may file a written
protest with the City Clerk prior to the conclusion of the hearing, which protest must state all
grounds of objection and describe the property within the Assessment District owned by any
such person.
SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be
published once in The Sun as required by the Assessment Law and Section 6061 of the
Government Code. Upon completion of such publication, the City Clerk shall file in her office a
proof of publication demonstrating compliance with the requirements of this section.
SECTION 10. Designated Person. The City Council designates Spicer Consulting
Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the
levying and collection of the assessments for fiscal year 2019-20.
APPROVED and ADOPTED by the City Can igned by the Mayor and attested
by the City Clerk this 51' day of June 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
fw•.
Georgeann Hanvi MMC, City C16rk
Approved as to form:
Gary D. Saenz, City Attorney
55600.00902\32026783.1 -3-
Resolution No. 2019-147
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-147 adopted at a regular meeting held on the 51h day of June 2019 by the
following vote:
Council Members: AYES NAYS
SANCHEZ X
MARRA Y
FIGUEROA _
SHORETT
NICKEL _
RICHARD
MULVIHILL
ABSTAIN ABSENT
WITNESS my L! ]I and official seal of the City of San Bernardino this 51` day of June 2019.
Georgeaiv �_anna,�XMWM-,�,(tyC�Icrk
55600.00902\32026783.1 -4-
CITY OF S AN B ERNARDINO
Assessment District No. 952 Zone 3
FISCAL YEAR 2019-20
PRELIMINARY ENGINEER'S REPORT
Table of Contents
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
Sections
i. Introduction i
1. Plans and Specifications 1
2. Cost Estimate 2
3. Method of Apportionment of Assessment 4
4. Assessment Diagram 10
5. Assessment Roll 11
Tables
Table 2-1 AD No. 952 Zone 3 FY 2019-20 Budget 3
Table 3-1 Maximum Assessment Rates 7
Appendices
Appendix A – Assessment Roll
Appendix B – Assessment Diagram
i. Introduction Page | i
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
AGENCY: CITY OF SAN BERNARDINO
PROJECT: ASSESSMENT DISTRICT NO. 952 Zone 3
TO: CITY COUNCIL
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ENGINEER’S REPORT PURSUANT TO THE "ASSESSMENT LAW"
Pursuant to direction from the City Council (the “City Council”) of the City of San Bernardino (the “City”), State of California, submitted
herewith is the Engineer’s Report (the “Report”) for Assessment District No. 952 Zone 3 (“AD No. 952 Zone 3” or the “District”), consisting
of the following parts, pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article
XIII D of the Constitution of the State of California (the “Assessment Law”), and which is in accordance with Resolution No. 2019-__
adopted by the City of San Bernardino City Council, San Bernardino County, California ordering preparation of this Report. This Report
is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2019 to June 30, 2020.
Section 1 PLANS AND SPECIFICATIONS including a general description of the maintenance and plans of the landscaping and
irrigation systems proposed to be funded.
Section 2 A COST ESTIMATE of maintaining the landscaping and irrigation systems including incidental costs and expenses in
connection therewith for Fiscal Year 2019-20, is as set forth on the lists thereof, attached hereto.
Section 3 The METHOD OF APPORTIONMENT OF ASSESSMENT contains the method of apportionment of assessments,
indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon several
lots and parcels of land within the District, in proportion to the estimated benefits to be received by such lots and
parcels.
Section 4 ASSESSMENT DIAGRAM showing the District, the lines and dimensions of each parcel of land within said District, as
the same exists on the maps of the County of San Bernardino Assessor for Fiscal Year 2019-20, is filed in the offices
of the City of San Bernardino. An Assessment Diagram of the District can be found in Appendix B.
Section 5 ASSESSMENT ROLL showing the actual assessment for the Fiscal Year 2019-20 apportioned to each parcel as shown
on the latest equalized roll at the County Assessor’s Office can be found in Appendix A.
i. Introduction Page | ii
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
Background
The City Council of the City of San Bernardino approved the formation of AD No. 952 Zone 3 in 1995. The District was formed pursuant
to the Assessment Law.
The District was formed to provide a source of funds for the improvements which may include, but are not limited to: landscaping, planting,
shrubbery, trees, turf, irrigation and drainage systems, trails, hardscapes, walls, site lighting and appurtenant facilities. The Report sets
forth the methodology to be used in apportioning the assessment to the different land use types within the City based upon the benefit
they receive.
There are 158 single family parcels within AD No. 952 Zone 3. No further subdivision of the parcels is anticipated.
The boundaries of AD No. 952 Zone 3 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerline of Northpark Boulevard to the south, the westerly line of Tract No 10352-1 to the west, the northerly line
of Tract No. 10352, 10352-1 and 10352-3 to the north and the easterly line of Tract No. 10352 to the east.
Parcels within this District are assessed their proportionate share of the cost for the maintenance of local improvements including, but
not limited to, landscaping facilities. These improvements provide a special benefit to those parcels due to their nature and location.
Current Annual Administration
As required by the Assessment Law, the Report includes: (1) a description of the improvements to be operated, maintained and serviced
by the District, (2) an estimated budget for the District, and (3) a listing of the proposed Fiscal Year 2019-20 assessments to be levied
upon each assessable lot or parcel within the District.
The City of San Bernardino will hold a Public Hearing on August 7, 2019, regarding the District which will provide an opportunity for any
interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment
rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made
for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for
the purposes stated within this Report.
1. Plans and Specifications Page | 1
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
Description of Improvements
This Report provides information specific to the parcels within the boundaries of Assessment District No. 952 Zone 3. The improvements
to be maintained include 20,945 sq. ft. of turf, 28,300 sq. ft. of ground cover, shrubs, trees and all appurtenant irrigation along portions
of the north side of Northpark Boulevard and the median strip between Little Mountain Drive and Mountain Avenue.
An Assessment Diagram showing the maintained area is provided in Appendix B of this Report.
2. Cost Estimate Page | 2
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
The cost estimate contains each of the items specified in the Assessment Law.
The Assessment Law provides that the estimated costs of the improvements shall include the total cost of the improvements for the
entire Fiscal Year 2019-20, including incidental expenses, which may include operating reserves.
The Assessment Law also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of
improvements. The net amount to be assessed on the lots or parcels within the District is the total cost of installation, maintenance, and
servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
2. Cost Estimate Page | 3
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
Table 2-1
AD No. 952 Zone 3 FY 2019-20 Budget
Estimated Through June 30
Direct Costs FY 2018-19 FY 2019-20
Maintenance of Turf/Irrigation $5,240.71 $5,240.71
Maintenance of Ground Cover/Shrubs/Irrigation $3,743.36 $3,743.36
Maintenance of Trees/Irrigation $898.41 $898.41
Irrigation Costs (Water and Energy) $2,246.02 $2,246.02
Total Direct Costs $12,128.50 $12,128.50
Indirect Costs
Assessment Engineer $0.00 $0.00
City Administration $1,880.83 $1,880.83
Auditor-Controller $47.40 $47.40
Total Indirect Costs $1,928.23 $1,928.23
Total Costs $14,056.73 $14,056.73
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement Reserve $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,201.85) ($1,201.85)
Total Adjustments ($1,201.85) ($1,201.85)
Total Assessment $12,854.88 $12,854.88
Reserve Fund Balances
Beginning Operating Reserve $0.00
Reserve Collection $0.00
Reserve Contribution $0.00
Est. Ending Operating Reserve $0.00
Beginning Capital Replacement Reserve $0.00
Reserve Collection $0.00
Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $0.00
3. Method of Apportionment of Assessment Page | 4
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
Changes in Organization
There are no changes in organization for Fiscal Year 2019-20.
Proposition 218 Compliance
On November 5, 1996 California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIII D to
the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation
and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described
below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at
the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will
need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets”, however, based on the opinions of the public agency officials, attorneys, assessment
engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-of-
way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the
real property”, California Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge
generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are
levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees
and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments
and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge
is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements which a local government must follow to levy an assessment. In addition
to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires
a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is:
does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost
of the improvement which benefits the public generally, to be separated from that portion of the cost of the improvement which specially
benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
“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”.
The actual assessment and the amount of the assessment for the Fiscal Year 2019-20 apportioned to each parcel as shown on the
latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part
of the records of the County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
3. Method of Apportionment of Assessment Page | 5
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
Direct and Special Benefit
The maintenance of landscaping, groundcover, shrubs, trees, irrigation and detention basin provides direct and special benefit to those
properties located within AD No. 952 Zone 3.
Each and every lot or parcel within the District, receives a particular and distinct benefit from the improvements over and above general
benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels.
In order to create or develop the parcels, the City required the original developer to install and/or guarantee the maintenance of the
improvements, and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the District could not
have been developed in the absence of the installation and expected maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the
nature of the improvements. The proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights,
traffic signals, and bridge lights, and graffiti abatement, and appurtenant facilities specially benefit parcels within the District by
moderating temperatures, providing oxygenation, attenuating noise from adjacent streets and controlling dust for those properties in
close proximity to the landscaping. Improved erosion and water quality control, dust abatement, increased public safety (e.g., control
sight distance restrictions and fire hazards), improved neighborhood property protection and aesthetics, controlling or restricting the
flow of traffic into and out of the development, increasing public safety for both pedestrians and the motoring public, and increasing
traffic safety by improving visibility. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and
other diseases spreading to landscaping located throughout the properties within the District. Streetlights also provide safety for
pedestrians and motorists living and owning property in the District during the nighttime hours, and to assign rights-of-way for the safety
of pedestrians and motorists by defining a specific path during all hours of the day.
Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and
overhead utilities. These elements are a distinct and special benefit to all developed parcels in the District. Streetlights are installed on
and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.
Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of
fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the
facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the
motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.
The system of streets within the District is established to provide access to each parcel in the District. Streetlights provide a safer street
environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within the
District, there would be no need for a system of streets with streetlights. Therefore, the installation of streetlights is for the express,
special benefit of the parcels within the District.
The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property-related crimes
(especially vandalism) against properties in the District through the screening of properties within the District from arterial streets.
Finally, the proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, and graffiti abatement, and
appurtenant structures improves the attractiveness of the properties within the District. This provides a positive visual experience each
and every time a trip is made to or from the property and provides an enhanced quality of life and sense of well-being for properties
within the District.
Because all benefiting properties consist of a uniform land use, it is determined that all lots or parcels benefit equally from the
improvements and the costs and expenses for the provision of electricity for the streetlights and traffic signals and the maintenance of
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, traffic signals, and bridge lights, and graffiti abatement are
apportioned on a per acre, per EDU (Equivalent Dwelling Unit), or per parcel basis.
Based on the benefits described above, landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals,
and bridge lights, and graffiti abatement are an integral part of the quality of life of the District. This quality of life is a special benefit to
those parcels that are not government owned easements, utility easements, and flood channel parcels. Government owned easements,
utility easements, and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such
parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or
experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote
frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels they do not receive any benefit from
3. Method of Apportionment of Assessment Page | 6
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement
and are not assessed.
General Benefit
The Benefit received by the parcels within the boundaries of the District is determined to be of more than ordinary public benefit, thus
each parcel within the District being assessed receives special benefit from the improvements. If the property not within the boundaries
of a District also receives some benefit from the improvements, consideration must then be given to a general benefit given by the
improvements, which may not be assessed to the parcels within the District. Since the installation and maintenance of the landscaping
and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is
further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are
100% assessable to the parcels within the boundaries of the assessment district, except as follows:
1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City’s General Plan,
are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District.
2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City’s General
Plan, are determined to be 10% general benefit and the proportional costs thereof are not assessable to the District.
3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City’s General Plan, are
determined to be 5% general benefit and the proportional costs thereof are not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable to the District.
These percentages are based on the traffic circulation for the various street classifications.
Based on the City of San Bernardino’s current circulation element of its General Plan, Northpark Boulevard is designated as a major
arterial street and represents 57% of the total maintenance area; thus 15% of 57% of the total costs of maintenance is deemed to be
of general benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
Method of Apportionment
The Assessment Law permits the establishment of assessment districts by agencies for the purpose of providing certain public
improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for
landscape use, and appurtenant facilities. The Assessment Law further provides that assessments may be apportioned upon all
assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or
parcel from the improvements 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.”
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by
the District to fairly apportion the costs based on the estimated benefit to each parcel.
In addition, Article XIII D of the California Constitution (the “Article”) requires that a parcel's assessment may not exceed the reasonable
cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the
City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct
benefit over and above general benefits conferred on the public at large, including real property within the district. The general
enhancement of property value does not constitute a special benefit.
3. Method of Apportionment of Assessment Page | 7
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit). Under a situation where vacant land is included within the district, the
property will be arbitrarily divided into 7,200 square foot lots minus 25% of the area for anticipated future streets and will be assessed
accordingly. When the property actually subdivides, it will be assessed on the 1 residential unit – 1 assessment basis.
District Benefit
Each of the assessable parcels within the District has been deemed to receive proportional special benefit from the maintenance and
operation of the improvements. The percentage change in allowable Fiscal Year 2019-20 assessment from the allowable Fiscal Year
2018-19 assessment is as follows:
Table 3-1
Maximum Assessment Rates
District
Estimated
Cost
FY 2019-20
Total
Assessment Units
Maximum
Assessment
per Unit
FY 2018-19
Maximum
Assessment
per Unit
FY 2019-20
Allowable
Assessment
Rate
Change (%)
Actual
Assessment
per Unit
FY 2019-20
AD No. 952 Zone 3 $12,854.88 158 $161.75 $161.75 0.00% $81.36
Whereas, the City Council of the City of San Bernardino, State of California, did, pursuant to the provisions of the Assessment Law,
adopted Resolution No. 95-121 to initiate proceedings to form a special assessment district known and designated as:
Assessment District No. 952 Zone 3; and,
Whereas, the City Council, did direct the appointed engineer to prepare and file an annual report, in accordance with the Assessment
Law.
Whereas, Section 22567 of said Article 4 states the Report shall consist of the following;
a. Maintenance plans for the improvements
b. An estimate of the costs of the improvements
c. A diagram for the assessment district
d. An assessment of the estimated costs of the maintenance of the improvements
Now, Therefore, I, the appointed ENGINEER, acting on behalf of the City of San Bernardino, pursuant to the Assessment Law, do
hereby submit the following:
1. Pursuant to the provisions of law the costs and expenses of the District have been assessed upon the parcels of land in the
District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For
particulars as to the identification of said parcel, reference is made to the Assessment Diagram, a reduced copy of which is
included herein.
2. As required by law, a Diagram is filed herewith, showing the District, as well as the boundaries and dimensions of the respective
parcels and subdivisions of land within said District as the same exist each of which subdivisions of land or parcels or lots,
respectively, have been given a separate number upon said Diagram and in the Assessment Roll contained herein.
3. The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagram and Assessment
Roll, correspond with the numbers assigned to each parcel by the San Bernardino County Assessor. Reference is made to the
County Assessment Roll for a description of the lots or parcels.
3. Method of Apportionment of Assessment Page | 8
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
4. There are no parcels or lots within AD No. 952 Zone 3 that are owned by a federal, state or other local governmental agency
that will benefit from the services to be provided by the assessments to be collected.
The City requested Spicer Consulting Group, LLC, to prepare and file an Engineer’s Report for Assessment District No. 952 Zone 3
pursuant to the Assessment Law presenting plans and specifications describing the general nature, location and extent of the
improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for AD No.
952 Zone 3 for the referenced Fiscal Year, a diagram for the District showing the area and properties to be assessed, and an assessment
of the estimated costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable
lots and-or parcels within the District in proportion to the special benefit received.
3. Method of Apportionment of Assessment Page | 9
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
Executed this day of 2019.
FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640
ENGINEER OF WORK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was filed with me on the _______ day of ____________, 2019. By Adoption of Resolution No. _______ by the City Council.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was approved and confirmed by the City Council of the City of San Bernardino, California, on the _____day of
___________, 2019.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
4. Assessment Diagram Page | 10
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
A reduced copy of the Assessment Diagram is filed herewith, are incorporated by reference in Appendix B herein, and made part of this
Report.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the current fiscal
year, a corrected parcel number and/or new parcel number 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 rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount
applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and
assessment rate rather than a proportionate share of the original assessment.
Information identified on these maps was received from several sources including the owner/developer, City of San Bernardino, and
the San Bernardino County Assessor’s Office.
5. Assessment Roll Page | 11
City of San Bernardino
Engineer’s Report AD No. 952 Zone 3
Fiscal Year 2019-20
The actual amount of the assessment for the Fiscal Year 2019-20 apportioned to each parcel as shown on the latest equalized roll at
the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the
County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
APPENDIX A
Assessment Roll
CC30 SP25 - AD 952 Zone 3
Fiscal Year 2019-20
APN Levy APN Levy APN Levy
0154-532-01 $81.36 0154-532-44 $81.36 0154-751-14 $81.36
0154-532-02 $81.36 0154-532-45 $81.36 0154-751-15 $81.36
0154-532-03 $81.36 0154-532-46 $81.36 0154-751-16 $81.36
0154-532-04 $81.36 0154-532-47 $81.36 0154-751-17 $81.36
0154-532-05 $81.36 0154-532-48 $81.36 0154-751-18 $81.36
0154-532-06 $81.36 0154-532-49 $81.36 0154-751-19 $81.36
0154-532-07 $81.36 0154-532-50 $81.36 0154-751-20 $81.36
0154-532-08 $81.36 0154-532-51 $81.36 0154-751-21 $81.36
0154-532-09 $81.36 0154-532-52 $81.36 0154-751-22 $81.36
0154-532-10 $81.36 0154-532-53 $81.36 0154-751-23 $81.36
0154-532-11 $81.36 0154-532-54 $81.36 0154-751-24 $81.36
0154-532-12 $81.36 0154-532-55 $81.36 0154-751-25 $81.36
0154-532-13 $81.36 0154-532-56 $81.36 0154-751-26 $81.36
0154-532-14 $81.36 0154-532-57 $81.36 0154-751-27 $81.36
0154-532-15 $81.36 0154-532-58 $81.36 0154-751-28 $81.36
0154-532-16 $81.36 0154-532-59 $81.36 0154-751-29 $81.36
0154-532-17 $81.36 0154-532-60 $81.36 0154-751-30 $81.36
0154-532-18 $81.36 0154-532-61 $81.36 0154-751-31 $81.36
0154-532-19 $81.36 0154-532-62 $81.36 0154-751-32 $81.36
0154-532-20 $81.36 0154-532-63 $81.36 0154-751-33 $81.36
0154-532-21 $81.36 0154-532-64 $81.36 0154-751-34 $81.36
0154-532-22 $81.36 0154-532-65 $81.36 0154-751-35 $81.36
0154-532-23 $81.36 0154-532-66 $81.36 0154-751-36 $81.36
0154-532-24 $81.36 0154-532-67 $81.36 0154-751-37 $81.36
0154-532-25 $81.36 0154-532-68 $81.36 0154-751-38 $81.36
0154-532-26 $81.36 0154-532-69 $81.36 0154-751-39 $81.36
0154-532-27 $81.36 0154-532-70 $81.36 0154-751-40 $81.36
0154-532-28 $81.36 0154-532-71 $81.36 0154-751-41 $81.36
0154-532-29 $81.36 0154-532-72 $81.36 0154-751-42 $81.36
0154-532-30 $81.36 0154-532-73 $81.36 0154-751-43 $81.36
0154-532-31 $81.36 0154-532-74 $81.36 0154-751-44 $81.36
0154-532-32 $81.36 0154-532-75 $81.36 0154-751-45 $81.36
0154-532-33 $81.36 0154-532-76 $81.36 0154-751-46 $81.36
0154-532-34 $81.36 0154-532-77 $81.36 0154-751-47 $81.36
0154-532-35 $81.36 0154-532-78 $81.36 0154-751-48 $81.36
0154-532-36 $81.36 0154-532-79 $81.36 0154-751-49 $81.36
0154-532-37 $81.36 0154-532-80 $81.36 0154-751-50 $81.36
0154-532-38 $81.36 0154-532-81 $81.36 0154-751-51 $81.36
0154-532-39 $81.36 0154-532-82 $81.36 0154-751-52 $81.36
0154-532-40 $81.36 0154-532-83 $81.36 0154-751-53 $81.36
0154-532-41 $81.36 0154-532-84 $81.36 0154-751-54 $81.36
0154-532-42 $81.36 0154-532-85 $81.36 0154-751-55 $81.36
0154-532-43 $81.36 0154-532-86 $81.36 0154-751-56 $81.36
Assessment Roll
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP25 - AD 952 Zone 3
Fiscal Year 2019-20
APN Levy APN Levy APN Levy
Assessment Roll
0154-751-57 $81.36 0154-751-67 $81.36 0154-751-77 $81.36
0154-751-58 $81.36 0154-751-68 $81.36 0154-751-78 $81.36
0154-751-59 $81.36 0154-751-69 $81.36 0154-751-79 $81.36
0154-751-60 $81.36 0154-751-70 $81.36 0154-751-80 $81.36
0154-751-61 $81.36 0154-751-71 $81.36 0154-751-81 $81.36
0154-751-62 $81.36 0154-751-72 $81.36 0154-751-82 $81.36
0154-751-63 $81.36 0154-751-73 $81.36 0154-751-83 $81.36
0154-751-64 $81.36 0154-751-74 $81.36 0154-751-84 $81.36
0154-751-65 $81.36 0154-751-75 $81.36 0154-751-85 $81.36
0154-751-66 $81.36 0154-751-76 $81.36
Totals Parcels 158 Levy $12,854.88
Page 2 of 2 City of San Bernardino
Engineer's Report
APPENDIX B
Assessment Diagram
SUNDANCE DR57TH S T
NORTHPARK BLVD
LANTERNCRESTDRVALE
RIE
W
AYJESSED
R
LI
NCOLNCTMAGNOLIA DRORANGE DRSIERRAMESARDWESTWIND DRSUNBRO O K DROSBORNE CTSUNCREST CIR
MOUNTAIN CREST DR
CYPRESS DR0 300 600150Feet
CITY OF SAN BERNARDINOASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 952ZONE 3
Ê