CITY OF FONTANA
LANDSCAPE MAINTENANCE DISTRICT NO. 3
PRELIMINARY ENGINEER'S REPORT FOR ANNEXATION NO. 1
EMPIRE CENTER
SECTION 1. AUTHORITY FOR REPORT
This report is prepared in compliance with the requirements of Article 2, Chapter 2, Section 22623 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). In November of 1996, the voters of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution. These Constitutional provisions affect the procedural and approval requirements for the levy of assessments.
Among other things, the requirements provide that assessed parcels of real property must receive a special benefit from assessments. Assessments are also subject to majority protest requirements. These requirements apply, unless an assessment district meets certain exemptions set forth in Proposition 218.
The following assessments are exempt from the procedures and approval process of Article XIIID of the California Constitution;
A. Any assessment imposed exclusively to finance the capital costs or maintenance and/or operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control; or
B. Any assessment imposed pursuant to a p etition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed.
The City of Fontana Landscape Maintenance District No. 3, Annexation No. 1 (Empire Center), qualifies as an existing assessment exempt under exemption "B" described above in that the assessment district was originally formed and the assessment was imposed pursuant to the district was consented to by all of the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed. The proposed assessments for the 2022-2023 Fiscal Year for Maintenance District No. 3, Annexation No. 1, fall within this exemption because they are merely the annual levy for assessments previously consented to by property owners.
SECTION 2 GENERAL DESCRIPTION
This report deals with the annual assessment for the Landscape Maintenance District No. 3, Annexation No. 1 (Empire Center), for the 2022-2023 Fiscal Year commencing on July 1, 2022 and ending on June 30, 2023. Areas to be included in the work program are the trees
2 within the dedicated tree maintenance easements, the trees and ground cover within the tree and ground cover maintenance easements dedicated to the City, the public parks, and other areas required by the approved plan or by the City Council, or areas dedicated by the various subdivisions. Annually, the City Council approves an Engineer's Report defining the specific work programs for each year and the estimated cost for each year.
SECTION 3. PLANS AND SPECIFICATIONS
The plans and specifications have been prepared according to the City's standards. Plans and specifications for walls, fences, and signage have been prepared in accordance with Empire Center Specific Plan and City standards. Said plans and specifications show and describe the general nature, location and extent of the existing and proposed improvements to be maintained and/or serviced. The plans and specifications also indicate the class and type of improvements to be maintained and/or serviced for each zone within the District.
The maintenance activities of the areas to be maintained by the District include but are not limited to:
The repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris, and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems, and the removal of graffiti from walls immediately adjacent to the cultivated areas.
SECTION 4. ESTIMATED COSTS
The costs of the original landscape improvements will be paid by the Developer. Annual maintenance and replacement costs will be borne by the benefiting property owners after the City accepts the landscape improvements for maintenance. The estimated maintenance cost, for assessment purposes, is based upon the proposed areas for maintenance. The maximum assessment is $1,145.31 per acre.
3 The estimated cost for Fiscal Year 2022-2023 is as follows:
A. Cost of Maintenance of Improvements:
1. Landscape Maintenance and Utilities $ 60,570
2. Personnel Services and Other
Departmental Expenses 500
3. Administration 5,000
Total Costs of Maintenance $ 66,070
B. Cash Flow Reserve 33,035
C. Contingencies Reserve 9,911
D. Capital Replacement 60,000
Total Cost $169,016
E. Less: Estimated Beginning Fund Balance <106,896>
F. Total Assessments $ 62,120
All of the costs are based on current estimates. The assessments are based on these costs and the difference between the estimated cost and the actual cost will be accounted for in the subsequent year.
SECTION 5. ASSESSMENT DIAGRAM
For a detailed description of the lines and dimensions of any lot or parcel, reference is hereby made to the County Assessor's maps, which maps shall govern for all details concerning the lines and dimensions of such lots or parcels.
4 SECTION 6. METHOD OF APPORTIONMENT OF ASSESSMENT
The Empire Center Specific Plan was designed as a multi-use commercial development which included a proposed Regional Mall, a Community Center, a Neighborhood Center, an Entertainment Center, a Promotional Center, a Community -Commercial area, a Community-Office area, and a Community -Regional area. The regional mall was never built, and the development was not completed as planned and due to economic conditions property was removed from the district and the area requiring maintenance was reduced.
The properties and improvements remaining within the district are generally located south of the I-10, east of Sierra Avenue, north of Slover Avenue, and west of the east boundary of the Promotional Center.
The assessment formula takes into account that the proposed Regional Mall would have received greater benefit from the landscape improvement than other areas. The property zoned for Regional Mall would have received a 15% surcharge over and above the maintenance cost per acre based upon the following formula:
TA = Estimated Yearly Maintenance Costs
RM = Number of acres within the Regional Mall
PC = Number of acres within the Promotional Center
(lots 13 thru 33), Community Center (lots 6
thru 11), and Neighborhood Center (lot 5)
A = Assessment per acre
ESTIMATED 2022-2023 ASSESSMENT = $ 62,120
RM (1.15A) + PC (1.00A) = $ 62,120
0.00 (1.15A) + 62.1197 (1.00A) = 62,120
62.1197(A) = 62,120
A = $ 1,000.00 per acre