2019-11 RESOLUTION NO. 2019-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA APPROVING THE ENGINEER'S REPORT
AND CONFIRMING A DIAGRAM AND ASSESSMENT DESCRIBED
THEREIN,APPROVING THE ANNEXATION OF TRACT 18604 INTO THE
CITY 'OF GRAND TERRACE LANDSCAPING - AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE WORK IN
CONNECTION THEREWITH, AND LEVYING THE ASSESSMENT FOR
FISCAL YEAR 2019-2020
WHEREAS, the City Council has, by previous Resolutions, formed and levied
annual assessments for the City of Grand Terrace Lighting and Landscaping Assessment
District No. 89-1 (hereafter referred to as the "District") pursuant to the provisions of the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and
Highways Code, beginning with Section 22500 (hereafter referred to as the "Act"), which
Act provides for the levy and collection of District assessments on the San Bernardino
County tax rolls to pay for the maintenance and operation of lighting facilities, landscaping
improvements, and appurtenant facilities and services related thereto within the District.
WHEREAS, the City Council has also, by previous Resolutions, annexed land into
the District.
WHEREAS, the City,Council now desires to annex Tract 18604 into the District,
pursuant to the provisions of the Act, because the landscaping maintenance of certain
areas within the City is necessary to preserve the environment and aesthetic beauty of
the City and is in the general public interest; and, therefore, proposes to annex Tract
18604 into the City of Grand Terrace Landscaping and Lighting Assessment District No.
89-1, City of Grand Terrace, San Bernardino County, State of California.
WHEREAS, therefore, the City Council has retained Charles Abbot Associates,
Inc., as the assessment engineer, for the purpose of assisting with preparing a report
pursuant to the Act for the purpose of annexing the territory within Tract 18604 into the
District ("Engineer's Report") and to file the Engineer's Report with the City Clerk in
accordance with Chapter 3, Section 22623 of the Act, and which Engineer's Report is on
file in the office of the City Clerk of the City of Grand Terrace and incorporated herein by
this reference. The specific improvement areas and improvements therefore are
described in the Assessment District No. 89-1, Annexation No. 5, Engineer's Report on
file in the office of the City Clerk of the City of Grand Terrace and incorporated herein by
this reference.
WHEREAS, on March 12, 2019, the City Council adopted Resolution No. 2019-
01, which initiated proceedings for the annexation of the land within Tract 18604 into the
District pursuant to the Act.
WHEREAS, an Engineer's Report has been prepared in accordance with the Act
_ and in accordance with the provisions of the California Constitution, Article XIIID, and said
CC Reso 2019-11 Page 1 of 3 May 14,2019
report has been filed with the City Clerk, and the City Clerk has presented the report to
the City Council pursuant to the Act.
WHEREAS, on March 12, 2019, the City Council adopted Resolution No. 2019-
02, which resolution preliminarily approved the related Engineer's Report.
WHEREAS, on March 12, 2019, the City Council adopted Resolution No. 2019-
03, which declared the City Council's intent to annex Tract 18604 into the District pursuant
to the Act ("Resolution of Intention").
WHEREAS, after adoption thereof, appropriate notice was provided, including
notice to all owners of property within Tract 18604, who are subject to any new or
increased assessment in compliance with applicable law.
WHEREAS, the sole owner of Tract 18604 has provided his written consent to the
annexation of Tract 18604 into the District.
WHEREAS, the.City Council having duly received and considered evidence, oral
and documentary, concerning the annexation of Tract 18604 into the District and
concerning the necessity for the contemplated work and the benefits to be derived
therefrom and the City Council having now acquired jurisdiction to order the proposed
maintenance work, now desires to annex the proposed territory into the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The preceding recitals are true and correct and incorporated herein
by reference.
SECTION 2: The City Council, pursuant to Chapter 3 Section 22624 (d) of the Act,
hereby approves and adopts the Engineer's Report, attached hereto and on file with the
City Clerk, which contains a full and detailed description of Annexation No. 5, the
improvements, the boundaries of Annexation No. 5, a certified copy of the diagram, and
the assessments upon assessable lots and parcels of land within Annexation No. 5, to
pay the costs and expenses associated with the maintenance and operation of lighting,
landscaping, and appurtenant facilities and services related thereto.
SECTION 3: The public interest and convenience requires the annexation of Tract
18604 into the District and levying assessments for maintenance, and the City Council
hereby approves the annexation of Tract 18604 into the District and orders that the work,
as set forth and described in the Resolution of Intention, be done and made.
SECTION 4: The boundaries of the land within .Tract 18640 being annexed into
the District are within the incorporated City limits of the City of Grand terrace, within the
County of San Bernardino, State of California and in an area designated as: Annexation
No. 5 of the Landscaping and Lighting Assessment District No. 89-1 ("Annexation No. 5").
CC Reso 2019-11 Page 2 of 3 May 14, 2019
SECTION 6: The assessments for Annexation No. 5, as provided further in the
Engineer's Report, are in compliance with all laws pertaining to the levy of assessments
in accordance with Section 53750 et seq. of the California Government Code and in
accordance with Section 22500 et seq. of the California Streets & Highways Code and
are hereby approved and levied for fiscal year 2019-20.
SECTION 6: The assessments are levied without regard to the property value.
The Annexation No. 5 assessments are detailed in the Engineer's Report, which includes
the requirement that any increase not exceed the greater of the change in Consumer
Price Index (CPI) or three percent (2%).
SECTION 7: The improvements provided by Annexation No. 5 include the
maintenance of landscaped parkways on the north side of Van Buren Street, graffiti
removal on the block wall along the east side of the Gage Canal, streetlights, street trees
along Tesoro Court and Van Buren Street, and the maintenance of a dual-purpose basin
for the retention of water and for a small playground, and may include such improvements,
expenses and maintenance as defined in Sections 22525, 22526, 22531 and 22534 of
the California Streets & Highways Code. These improvements are more particularly
described in the Engineer's Report.
SECTION 8: The assessments shall be collected at the same time and in the
same manner as taxes for the County of San Bernardino are collected.
SECTION 9: That pursuant to Section 22640 and 22641 of the California Streets
& Highways Code, the City Clerk shall file a certified copy of the diagram and assessment
with the San Bernardino Auditor-ControllerlTreasurer/Tax Collector not later than July 1,
2019 for Fiscal Year 2019/2020.
SECTION 10: The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand,
Terrace at a regular meeting held on the 14th day of May 2019.
D cy a Mayor
A EST:
De ra L. Thomas, City Clerk
APPROVED AS FORM:
Adrian R. Guerra
City Attorney
CC Reso 2019-11 Page 3 of 3 May 14,2019
r
TES
Engineer ' s Report
Tract 18604
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
Charles Abbott Associates
Contact:
Richard Pedersen, P.E.
Table of Contents
Tract 18604
Sheet Exhibit
Cover Sheet 1
Table of Contents 2
Annexation Overview Tract 18604 3
Assessment Diagram 4 "A"
Tract 18604 Landscape Plan Exhibit 5,6 "B"
Estimated Annual Maintenance Cost 7,8 "C"
Determined of Assessment amount 9,10 "D"
Assessment Roll, Property owners list 11 "E"
Landowner Consent 12 "F"
2
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
Annexation Overview
Annexation #5, for Tract 18604, to the Grand Terrace Landscaping and Lighting Assessment
District No. 89-1 is being proposed to provide funding for the maintenance of landscaped
parkways on the north side of Van Buren Street adjacent to lots 1 and 17, graffiti removal on
the block wall along the east side of the Gage Canal within the western boundary of the tract,
streetlights, and street trees along Tesoro Court and Van Buren Street. Lot B is designated as
a retention basin and will be maintained as a dual-purpose basin, for retaining water and for a
small playground.
3
EXHIBIT "A"
ASSESSMENT DIAGRAM SHEET, OF I SHEEI5
LIGHTING AND LANDSCAPE DISTRICT NO.89-1
ANNEXATION NO.5
IN THE CITY OF GRAND TERRACE.COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA
FOR
TRACT NO. 18604
\ SAKE ENGINEERS,INC. JANVARY 2019
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1 LANDSCA>E AREA(3,239 S.F.)
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CITY ENGINEER'S STATEMENT GRAND TERRACE CITY COUNCIL STATEMENT
FILED IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF GRAND TERRACE ON THIS GY OF 20_ I HERESY STATE THAT THE CITY COUNCIL OF THE CITY OF GRAM)TERRACE DULY
APPROVED ANNE?(ATO.V NO.4 OF THE CTIY OF G1014D TERRACE LIGHTING AND LANDSCAPE
CISTRICT NO.E9-1%CITY CF GRAND TE2RACF-SAN EERMARDINO CVJNTY,CAUFORNK
CPTIDDID AL50 AF'PRGr£THIS ASSE551/ENT DIAGFAIJ•HHICN N PART OF AYD PEFERENCED
ALAV FTENLM.P.E. ��
IN THE EkOLSO A E'S TiE THI OF SND ANI/ENATION N0.IlNO.CH 4 ON FILE N THE CF RE EPUBLI-'A'R NS DIRECTOR/CITY DJGINEER THE CITY ENGINEER OF THE CITY OF GRAND TERRACE IN ACCCRDAVCEWTTH ARTIC E 4 OF
OF
CIfY OF GRAND TERRACE CHPTER t OF THE LANDSCAPE AVD UCNTINC ACT OF T922.
DEBRA TH MAS DATE
CITY CLERICS STATEMENT CITY CLERK
CITY OF GRAND TETIR'RACE
FILED IN THE OFFICE OF THE CITY CRERK OF THE CIC/OF GRAND
TERRACE ON THIS BAY OF 20_
DEBRA TH2WAS BRIE 40 0 40 80 I20
CITY CIEPoC
COY OF GRAND TERRACE
SCALE. 1'=40'
1
EXHIBIT "B"
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
LANDSCAPE PLANS
Landscape Plans and Specifications for the improvements are those prepared BGE
Landscape Design, dated May 1, 2017. These Plans and Specifications have been filed
separately with the Clerk of the City of Grand Terrace and are incorporated by reference. In
summary, the improvements consist of landscaping.
Additionally, the district will include the maintenance of a water quality basin, designed for
storm water runoff purposes, designated as Lot "B". The assessment diagram (Exhibit "A") and
the landscaping plan (Exhibit "B") illustrate the areas to be improved by the developer and
approved and accepted by the City of Grand Terrace.
. 1
The total square footage of the landscape surface areas is approximately 3,239 square feet.
There are 3 streetlights along Tesoro Court and 22 street trees, 17 on Tesoro Court and 5
along Van Buren Street.
5
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City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
VAN BUREN BOULEVARD fill
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6
Exhibit C
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
Estimated Annual Maintenance Cost
Landscape Maintenance: The total landscape area along the adjacent Van Buren Street and
in the Basin is approximately 3,239 square feet. It is estimated that this area would cost$0.02
per square foot per month to water and maintain.
Cost Estimate: 3,239 s.f. x $0.02 s.f./month x 12 month/year= $777/year
Tree Trimminq/Pruning: An estimated cost of trimming the trees as needed. It is estimated
that tree trimming is $65/per tree per year. It is estimated that tree trimming will be required in
5 years.
Cost Estimate: 22 trees x $65/x 1 time.per year = $1,430/year
Street Light: The electrical cost is based on the minimum monthly charge.
Cost Estimate: $10/month x 3 streetlights x 12 month/year= $360/year
Perimeter Wall: The cost to maintain the wall for graffiti abatement
Cost Estimate: $50/month x 12 months = $600/year
Publishing, Noticinq, Miscellaneous: An amount of$200 per year is assigned for the
proportionate share of the subject incidental costs.
Cost Estimate: $200/year.
Continqencies, Administration: An amount for the incidental costs for contingencies
including engineering and legal administration. This amount is an estimate based upon the
Annual Engineer's Report for Assessment District 89-1.
Legal:, $1000
Engineering: $850
Auditor Controller: $20
Cost Estimate: $1,870/year
7
Estimated Annual Maintenance Cost (continued)
Annual Cost Estimate Summary:
Landscape Maintenance: $777/year
Tree Trimming/Pruning: $1,430/year
Street Light: $360/year
Perimeter Wall: $600/year
Publishing, Noticing, Miscellaneous: $200/year
Continqencies, Administration: $1,870/near
TOTAL $5,237/year
Total Regular Annual Maintenance Cost Estimate: $5,237/year
CAPITAL RESERVE COST ESTIMATE
( Irrigation, Landscaping, and Lighting - maior repair or replacement cost estimate: A
Capital Reserve is added to the annual assessment to cover non-routine maintenance costs.
In the event that any or all components of Annexation #5 need replacement or major repairs,
which is above and beyond the regular annual maintenance activities, which exceed the
regular annual maintenance cost, the Capital Reserve will be utilized.
Initial Installation cost
The landscape areas: $15,000
Capital Reserve Assessment Estimate (assumed 20 year life)
Improvement Initial Construction Cost Annual Reserve Amount
Irrigation & Landscaping $15,000 x 5% $750/year
Total Capital Reserve, Replacement and Major Repair Cost: $750/year
An escalation factor is hereby established to provide for increased maintenance costs due to
inflation in future fiscal years. The maximum annual increase shall be the current annualized
Consumer Price Index (expressed as a percent) plus two percent (2%). Said Consumer Price
Index shall be the Consumer Price Index for all Urban Consumers for the San Bernardino, Los
Angeles-Riverside-Orange County area, published by the United States Department of Labor,
Bureau of labor Statistics.
The Annualized Capital Reserve Cost along with the Regular Annual Maintenance cost
establishes the Maximum Annual Assessment.
8
Exhibit D
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
Determination of Assessment Amount
The landscape improvements maintained under this annexation will be installed per the
conditions of approval for Tract 18604. Because these landscape improvements are intended
to be an enhancement within and for the entire tract, they will provide specific and special
benefit to each lot within the tract, equally.
In performing the analysis, it was necessary to identify the benefits that the improvements
being financed and maintained render to the properties within the boundaries of the
Assessment District and to determine the extent to which such properties receive a direct and
special benefit as distinguished from benefits received by the general public.
Special Benefits
The maintenance of public landscaping and lighting provide a direct and special benefit to
those parcels within the tract boundaries. Landscaping will provide an aesthetic benefit, which
will enhance the parcels. Maintenance of this landscaping also improves erosion control and
dust abatement resulting in additional special benefits. The landscaping, lighting, and graffiti
abatement for the wall provides no benefit to any parcel outside of the boundaries of the
Assessment District No. 89-1, Annexation #4.
General Benefits
The street trees and lighting being maintained is located along Tesoro Court, a private road,
which provides primary access for each of the parcels, and the landscaping within the water
quality basin for storm water runoff, designated as Lot "B". All landscaping and lighting are for
the sole benefit and enjoyment of those parcels within the boundaries. of the Assessment
District No. 89-1, Annexation #5; therefore, the landscaping within the boundaries of the tract
being maintained does not result in any general benefits. There is approximately 20%
landscaping along Van Buren Street that may qualify for partial general benefit. It is
recommend that the cost of maintenance be share proportionally on a 50%-50% basis for the
landscape parkway along Van Buren Street with the City of Grand Terrace.
Public Lands
Lot "B", which is encumbered by an easement to the City of Grand Terrace, is a basin utilized
specifically for storm water runoff for water quality purposes and a requirement for the tract to
mitigate the tract's storm water runoff. Since it is used only for water quality purposes created
for the parcels within Assessment District No. 89-1, Annexation #5 boundary, the benefits
provided by the improvements do not provide any special benefit to lot "B". Accordingly, this
_ parcel is also exempt from assessment.
9
Therefore, the maximum annual assessment to each lot is established and based on the
Regular Annual Maintenance Costs along with the Annualized Capital Reserve Costs per
Exhibit "B" divided by the number of lots within the tract. For the first several years, it is
anticipated that the cost to maintain the assessment district will be limited to the Regular '
Maintenance. However, as costs rise due to major repairs and replacement, not covered by
regular maintenance, the Capital Reserve portion of the Maximum Annual Assessment will be
utilized. The annual assessment will never exceed the Maximum Annual Assessment,
excluding the annual escalation factor, without a vote by ballot by the property owners.
*Estimated Annual Maintenance and Servicing Costs:
Total Regular Annual Maintenance, Servicing and Incidental Costs: $5,237
Total Capital Reserve Costs: 750
Total Costs: $5,987
General Benefit deduction (50% of maintenance cost for Van Buren St.) -$599
Total Adjusted Annual Assessment $5,388
Total Number of Lots: 17
Maximum Per Lot Annual Assessment Amount: $316.94
Maximum Per Lot Monthly Assessment Amount: $26.41
*Excludes future escalation factors.
10
Exhibit E
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1, Annexation #5
PROPERTY OWNER LISTING, ASSESSMENT ROLL
Property Owners: Aegis-Van Buren Housing, L.P. Current as of February 19, 2019
Assessor's Parcel Number: (17 residential lots to receive separate assessor's numbers)
LEGAL DESCRIPTION: TRACT NO. 18604 IN THE CITY OF GRAND TERRACE, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA
OWNER: DARRYL MOORE
Lot# Address APN Assessed Amount
1 Tesoro Court To be assigned after map recordation $316.94
2 Tesoro Court To be assigned after map recordation $316.94
3 Tesoro Court To be assigned after map recordation $316.94
4 Tesoro Court To be assigned after map recordation $316.94
5 Tesoro Court To be assigned after map recordation $316.94
6 Tesoro Court To be assigned after map recordation $316.94
7 Tesoro Court To be assigned after map recordation $316.94
8 Tesoro Court To be assigned after map recordation $316.94
9 Tesoro Court To be assigned after map recordation $316.94
10 Tesoro Court To be assigned after map recordation $316.94
11 Tesoro Court To be assigned after map recordation $316.94
12 Tesoro Court . To be assigned after map recordation $316.94
13 Tesoro Court To be assigned after map recordation $316.94
14 Tesoro Court To be assigned after map recordation $316.94
15 Tesoro Court To be assigned after map recordation $316.94
16 Tesoro Court To be assigned after map recordation $316.94
17 Tesoro Court To be assigned after map recordation $316.94
11 .
EXHIBIT"F"
LANDOWNER CONSENT TO
FORMATION OF.A MAINTENANCE DISTRICT
The City of Grand Terrace Landscaping and Lighting
Assessment District No.89-
Annexation No-5
(Pursuant to the Landscaping and Lighting Act of 1972)
1. The undersigned,is(are)the property owner(s)of land within the area shown on the map
attached and made a part of this document and as described as follows:
Tract 18604
2. The undersigned hereby consent(s) to the formation of a maintenance district and
requests that this land be included within the City of Grand Terrace's Landscaping and
Lighting Assessment District#89.1 and be assessed annually for the cost of maintaining
improvements as described in the engineer's report on file with the City Clerk, generally
described as follows:
22 Street trees, and 3 streetlights within public right-of-way along Van Buren
Street and Tesoro Court;graffiti abatement on the perimeter waft along the Van
Buren Street frontage of Tract 18604. See Assessment Diagram for precise
locations and boundaries.
3. The undersigned hereby waives the right to any further notice and the public hearing
otherwise required by the Landscaping and Lighting Act of 1972 for the formation of the
maintenance district and the adoption of the first annual budget, and the undersigned
further consent to the approval by the City Council of the City of Grand Terrace, of the
Engineer's Report attached hereto as Attachment A and by reference incorporated
herein.
Name(Signature) Date
Name (Pfinted)
2`L30 &,�f-m U"2oo 1. . C,f`! Z313
Address f
12
INSTRUCTION SHEET— PUBLIC HEARING
CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 8.9-1
PUBLIC HEARING
MAJORITY PROTEST: Any interested person may file a written protest with the
City Clerk, stating the grounds for their objection. Said protest shall contain a
description of the property sufficient to identified said property. All interested persons
shall be afforded the opportunity to be heard at the Public Hearing. If written protests
submitted, and not withdrawn, constitutes in excess of fifty (50%) percent of the total
value of the assessment, the proceedings must be abandoned.
ASSESSMENT ROLL
If there are to be no changes or modifications in the individual assessment
amounts, then the assessment roll as previously prepared should be confirmed. A copy
of the confirmed assessments should be filed in the Office of the City Engineer, with a
duplicate copy on file in the office of the City Clerk and open for public inspection.
RESOLUTION CONFIRMING ASSESSMENT
The adoption of this Resolution constitutes the levy of the special assessment for
the fiscal year so referred to in the assessment.
COUNTY AUDITOR
Immediately after the adoption of the Resolution Confirming the Diagram and the
Assessment, and no later than the August 10, 2019, the Clerk shall file a copy of the
assessment diagram and the assessment, or a certified copy thereof, with the County
Auditor. I would recommend that together with a copy of the diagram and assessment, a
certified copy of the Resolution Confirming the Assessment be forwarded also.
FISCAL YEAR
The Assessment, as levied for these proceedings, will relate to the fiscal year
commencing July 1, 2019, and ending June 30, 2020. Note that an annual updating of
the proceedings will be required for each subsequent fiscal year to accomplish the levy
for the ensuing fiscal year.
FUTURE PROCEEDINGS
Be advised that it is necessary, each year, to update the Engineer's "Report" and
approve said "Report" for the ensuing fiscal year. We should all probably mark our
calendars for some time after the first of the year to begin the process.
CHANGES AND MODIFICATIONS AT HEARING
During the course of the Public Hearing, or upon the conclusion of said hearing,
the legislative body may order changes in the improvements, the boundaries of the.
District, or any zones thereof.The legislative body may, without further notice, order the
exclusion of territory from the district, but no property shall be added to said District
except upon the following terms and conditions:
a. Upon written request by a property owner for the inclusion of his property;
b. Upon the legislative body declaring its intention to add additional property and
directing that mailed notice be given to the property owners within the
proposed annexed.
I would recommend that if any changes are to be considered, the matter be
continued so that the proper documentation can be drafted.
l
ORDER OF PROCEDURE
--' CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1
PUBLIC HEARING DATE: May 14, 2019
Present ENGINEER'S REPORT,
STAFF: general discussion of LANDSCAPING
AND STREET LIGHTING DISTRICT
NO. 89-1
CITY COUNCIL: See attached INSTRUCTION SHEET —
PUBLIC HEARING
Adopt RESOLUTION CONFIRMING
ANNEXATION