HomeMy WebLinkAboutItem No. 16 - Annual Update to Assessment Engineer's Reports
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 6, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Annual Update to Assessment Engineer's Reports
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-72, initiating proceedings to levy and collect
assessments for Fiscal Year 2020/21 in Assessment Districts pursuant to the
Constitution and the Landscaping and Lighting Act of 1972, appointing the Engineer of
Record, and ordering the preparation of Engineer’s Reports.
Background
The City Council previously formed Landscape & Lighting and Street & D rainage
Maintenance Districts as a condition of approval for private development projects. The
assessment engineer's report that establishes the amount of an annual assessment in
each of the districts must be updated annually and approved by the Mayor and City
Council, following a public hearing, in order to levy the annual assessment(s).
The first step in processing annual assessments is for the Mayor and City Council to
adopt a resolution assigning an Engineer of Record to perform the updates to the
engineering reports and to initiate the proceedings for the annual assessment process.
Discussion
Development projects are approved subject to conditions of approval that require the
formation of maintenance districts to recover the costs of annual maintenanc e of public
improvements constructed as a result of the development project.
The assessment of an annual fee upon properties within the District provides the
revenue to offset the cost of maintenance of the public improvements necessary to
serve the development.
California Streets and Highways Code §22620 et. seq. with respect to Landscape and
Lighting Districts and Government Code §53750 et. seq. with respect to Street and
Drainage Maintenance Districts require that the assessment engineer's report for e ach
of the districts be updated and approved by the legislative body prior to the levy of any
annual assessment on properties within an assessment district. The engineering reports
set forth the “Maximum Allowable Assessment” for each parcel. The City has formed
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sixty nine (69) such assessment districts.
The tentative schedule for the annual update of the assessment districts , which is
prepared based on information provided by the San Bernardino County Auditor -
Controller-Recorder’s office, is as follows:
May 6, 2020: Mayor and City Council direction of preparation of an assessment
engineer’s report describing any new improvements or any substantial changes in the
existing improvements in the existing assessment districts.
May 20, 2020: Mayor and City Council (1) preliminarily approving the engineering
reports for the existing assessment districts and directing the filing of such reports with
the City Clerk, and (2) setting the date for the public hearing at 7:00 PM on Wednesday,
July 1, 2020, in the City of San Bernardino Council Chamber, 555 W 6th Street, San
Bernardino, CA 92410 pursuant to California Streets and Highways Code Sections
22552 and 22553 and Government Code Section 53753.5 to consider the levy of
annual assessments upon real property.
July 15, 2020: Mayor and City Council public hearing and approval of the levy of
assessments upon real property within each of the Districts for fiscal year 2020 -2021.
July 17, 2020: Deadline for submission of preliminary notice of assessments to San
Bernardino County.
August 10, 2020: Deadline for submission of final notice of assessments to San
Bernardino County.
August 31, 2020: Last day for submission of corrections to San Bernardino County.
2020-2025 Strategic Key Targets and Goals
This project is consistent with Key Target No. 1a: Financial Stability - Secure a long-
term revenue source. Updating the assessment engineering reports and initiating the
annual assessment levy process will ensure that special districts are levied and
managed properly so that the ongoing costs of district maintenance are supported
through FY 2020/21.
Fiscal Impact
No general fund fiscal impact associated with adoption of Resolution 2020 -72. The
assessment on properties within the assessment districts provide revenue to off set the
cost of maintenance of public improvements that serve the development projects , and
also fund administrative costs related to the annual levy process.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-72, initiating proceedings to levy and collect
assessments for Fiscal Year 2020/21 in Assessment Districts pursuant to the
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Constitution and the Landscaping and Lighting Act of 1972, appointing the Engineer of
Record and ordering the preparation of Engineer’s Reports.
Attachments
Attachment 1 Resolution 2020-72
Ward: All
Synopsis of Previous Council Actions:
June 5, 2019 The Mayor and City Council adopted Resolution Nos. 2019 -87
through 2019-148 declaring its intention to levy and collect
assessments for FY 2019/20 within various assessment districts
within the City of San Bernardino, approving engineer’s reports for
each assessment district and providing notice of the time and place
of hearing on proposed assessments in each assessment district.
August 7, 2019 The Mayor and City Council held Public Hearings and adopted
765Resolution Nos. 2019-190 through 2019-251 of the Mayor and
City Council of the City of San Bernardino, California, confirming
the diagram and assessment for FY2019/20, within various
assessment districts in the City of San Bernardino.
RESOLUTION NO. 2020-72
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2020/21 IN
ASSESSMENT DISTRICTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972,
APPOINTING THE ENGINEER OF RECORD, AND
ORDERING PREPARATION OF ENGINEER’S REPORTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has
previously determined that the public interest, convenience, and necessity require the installation,
construction, and maintenance of public landscaping, landscaping and lighting, sewer lift
stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains
and appurtenant facilities within the City of San Bernardino (the “City”) as authorized by the
Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15
of the Streets and Highways Code (the “Act”) and has established the following assessment
districts (the “Assessment Districts”) within the City: Assessment District No. 951 Zone 1 and
Zone 2 (Wagonwheel Road Area), Assessment District No. 952 Zone 1, Zone 2, Zone 2A and
Zone 3 (State College Area), Assessment District No. 953 (16th Street), Assessment District No.
956 (Carnegie Drive Area), Assessment District No. 959 Zone 1 (Shandin Hills), Assessment
District No. 962 (Pine Avenue Area), Assessment District No. 963 (Allen Street), Assessment
District No. 968 (Airport Drive), Assessment District No. 974 (Rialto Avenue between
Eucalyptus and Pepper), Assessment District No. 975 (Pepper and Mill Area), Assessment
District No. 976 (Pine and Belmont), Assessment District No. 981 (Meridian and Randall
Avenue), Assessment District No. 982 (Piedmont Drive Area), Assessment District No. 986
(Rialto and Macy Area), Assessment District No. 989 (Mill and Macy Area), Assessment District
No. 991 (Verdemont and Olive Area), Assessment District No. 993 (Cajon and June Area),
Assessment District No. 997 (Chestnut Area), Assessment District No. 1001 (Pennsylvania and
Birch Area), Assessment District No. 1002 (North “H” Street Area), Assessment District No.
1005 (Cajon and Pepper Linden Area), Assessment District No. 1007 (Pepper and Randall Area),
Assessment District No. 1012 (Mill/Burney Area), Assessment District No. 1016 (Coulston
Area), Assessment District No. 1017 (Kendall and Pine Area), Assessment District No. 1019
(Northpark and Mountain Area), Assessment District No. 1020 (Mill Street and Dallas Avenue
Area), Assessment District No. 1022 Zone 1, Zone 2 and Zone 3 (San Bernardino International
Airport/Alliance-California), Assessment District No. 1023 (Elm Avenue and Coulston Street
Area), Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area),
Assessment District No. 1025 (Palm Avenue and Washington Avenue Area), Assessment
District No. 1027 (Waterman Avenue and Washington Street Area), Assessment District No.
1028 (Ohio Avenue and Walnut Avenue Area), Assessment District No. 1029 (California Street
and 16th Street Area), Assessment District No. 1030 (Magnolia Avenue and Ohio Avenue Area),
Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area), Assessment District
No. 1032 (Palm Avenue and Verdemont Drive), Assessment District No. 1035, Zone 1 and Zone
2 (Palm Avenue and Meyers Road), Assessment District No. 1036 (Northpark Boulevard and
Campus Parkway), Assessment District No. 1037 (Belmont Avenue and Magnolia Avenue),
Assessment District No. 1038 (Orange Show Road and Arrowhead Avenue), Assessment District
Resolution No. 2020-72
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No. 1039 (Irvington Avenue and Chestnut Avenue Area), Assessment District No. 1040 (Arcacia
Avenue and Hill Drive Area), Assessment District No. 1041 (Magnolia Avenue and Ohio
Avenue Area), Assessment District No. 1042 (Shandin Hills Drive and Shady Creek Drive),
Assessment District No. 1043, Zone 1 and Zone 2 (Palm Avenue and Irvington Avenue Area),
Assessment District No. 1045 (Waterman Avenue and Orange Show Road Area), Assessment
District No. 1046 (Northpark Boulevard and Northstar Avenue Area), Assessment District No.
1047 (Ohio Avenue and Pine Avenue Area), Assessment District No. 1048 (Eucalyptus Avenue
and Randall Avenue Area), Assessment District No. 1050 (Pepper Avenue and Rialto Avenue
Area), Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue Area), Assessment
District No. 1054 (Campus Parkway and Valles Drive Area), Assessment District No. 1055 (Pine
Avenue and Redwood Street Area), Assessment District No. 1056 (Magnolia Avenue and
Garfield Street Area), Assessment District No. 1057 (Cajon Boulevard and University Parkway
Area), Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area),
Assessment District No. 1060 (Chiquita Lane and Date Street Area), Assessment District No.
1063 (Central Avenue and Lena Road Area), Assessment District No. 1064 (Cajon Boulevard
and Glen Helen Parkway Area), and Assessment District No. 1068 (Tippecanoe Avenue and
Central Avenue Area); and
WHEREAS, the City Council has determined that the public interest, convenience, and
necessity require the continued levy of assessments within the Assessment Districts for the
purpose of installing, constructing, operating, and maintaining public landscaping, landscaping
and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention
basin and storm drains and appurtenant facilities authorized by the Act.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Council hereby initiates proceedings pursuant to the Act to levy
and collect annual assessments within the Assessment Districts for the maintenance, servicing
and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping
and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant
facilities during Fiscal Year 2020/21.
SECTION 2. The maintenance to be performed consists of the furnishing of services
and materials for the ordinary and usual maintenance, operation, and servicing of public
landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and
landscaping, detention basin and storm drains.
SECTION 3. The proceedings for the annual levy of the assessments are to be
conducted pursuant to the Act.
SECTION 4. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record
for the purpose of preparing the written report provided for in Section 22567 of the Streets and
Highways Code with respect to the levy of assessments for Fiscal Year 2020/21 for each of the
Assessment Districts, and is hereby directed to prepare and file such reports with the City Clerk.
Resolution No. 2020-72
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SECTION 5. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2020-72
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk