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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Barbara Whitehorn, Director of Finance & Management
Services
Department: Finance & Management Services
Subject: Updating Assessment Engineer's Reports - Previously Formed Landscape and Lighting Maintenance
Districts (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-080 of the Mayor and City Council of the City of San Bernardino, California, initiating the proceedings to levy and collect assessments for FY 2024/25 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer's Report.
Executive Summary
The City must annually update the Engineer’s Reports for all previously formed Landscape and Lighting Maintenance Districts, hold a public hearing for the assessment of the levy upon real property within each Assessment District for the upcoming fiscal year, and submit the information and any corrections to San Bernardino County no later than August 10 of each year.
Background
The City Council previously formed Landscape & Lighting and Street & Drainage 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 City Council, following a public hearing, in order to levy the annual assessments.
Discussion
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Development projects are approved subject to Conditions of Approval that require the formation of maintenance districts to recover the costs of annual maintenance 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 each 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 tentative schedule for the annual update of the assessment districts which is prepared based on information provided by the San Bernardino County Auditor- Controller-Recorders office is as follows:
May 1, 2024: 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 15, 2024: 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 5:00 PM on Wednesday, July 17, 2024, 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 3, 2024: Deadline for submission of preliminary notice of assessments to San Bernardino County.
July 17, 2024: Mayor and City Council public hearing and approval of the levy of assessments upon real property within each of the Districts for fiscal year 2024-25.
August 1, 2024: Deadline for submission of final notice of assessments to San Bernardino County.
August 10, 2024: Last day for submission of corrections to San Bernardino County.
The City has formed sixty-nine (69) such assessment districts. 2 0
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2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 1. Improved Operational & Financial Capacity and Goal No. 4 Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.
Fiscal Impact
There is no fiscal impact to the City. The assessment on properties within the Assessment Districts provide revenue to offset the cost of maintenance of public improvements to serve the development projects. The engineering reports set forth the “Maximum Allowable Assessment” for each parcel.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-080 of the Mayor and City Council of the City of San Bernardino, California, initiating the proceedings to levy and collect assessments for FY 2024/25 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer's Report.
Attachments
Attachment 1 – Resolution 2024-080 Initiating Proceedings to Levy and Collect Assessments for FY 2024/25, Appointing the Engineer of Record, and Ordering the Engineer’s Report
Ward:
All Wards
Synopsis of Previous Council Actions:
Mayor and City Council previously formed sixty-nine Assessment Districts.