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HomeMy WebLinkAboutItem No. 16 - Annual Update to Assessment Engineer's Reports Page 1 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 6671 Page 2 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 6671 Page 3 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 -2- 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 -3- 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 -4- 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