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Home My WebLink About02-163 - Resolutions RESOLUTION NO. 02-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2002-2003 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS WHEREAS,the City Council of the City of Rancho Cucamonga,California, previously undertook proceedings to authorize the levy and imposition of benefit assessments to pay for the annual drainage maintenance, including the removal of sediment and debris from the Day Canyon Channel improvements and basin, pursuant to the terms and provisions of the"Benefit Assessment Act of 1982", being Chapter 6.4, Division 2,Title 5 of the Government Code of the State of California (commencing with Section 54703),said area of benefit being known and designated as DRAINAGE AREA NO. 91-2 (the "Drainage Area"); and WHEREAS, at this time there has been presented to this City Council a Supplemental Report(the"Supplemental Report')to the Final Engineer's Report Drainage Area No. 91-2 City of Rancho Cucamonga setting forth a description of the proposed service, cost estimate and assessment schedule for fiscal year 2002-2003 (the "Final Engineer's Report"); and WHEREAS, at this time this City Council desires to determine the cost of providing authorized services to be financed by the levy of a benefit assessment for fiscal year 20020-2003 and to determine and impose such benefit assessment. NOW,THEREFORE,the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the Supplemental Report is hereby approved and ordered to be kept on file in the Office of the City Clerk as a permanent record and to remain open for public inspection. Said Supplemental Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived through the levy and collection of the benefit assessment; B. A description of each lot or parcel of property proposed to be subject to the benefit assessment; C. The amount of the proposed assessment for each parcel. Resolution No. 02-163 Page 2 of 12 SECTION 3: That the rate and method of apportionment of the benefit assessment as set forth in the Final Engineer's Report is hereby adopted and has been utilized as the rate and method of apportionment of the benefit assessment to be levied in fiscal year 2002-2003. SECTION 4: That this City Council hereby determines and orders that the benefit assessments described in the Supplemental Report within the Drainage Area are hereby confirmed and levied for fiscal year 2002- 2003. SECTION 5: That the above confirmed and levied benefit assessment for fiscal year 2002-2003 shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for the collection and enforcement of such County taxes shall be applicable to the collection and enforcement of these benefit assessments. PASSED, APPROVED, AND ADOPTED this 15'' day of May 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None F —V0Z William exander, Mayor ATTEST: J. 'Debra J. Adams, MC, City Clerk Resolution No. 02-163 Page 3 of 12 I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 15th day of May 2002. Executed this 16th day of May 2002, at Rancho Cucamonga, California. DeUra J. Adam MC, City Clerk Resolution No. 02-163 Page 4 of 12 ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA William J. Alexander, Mayor Diane Williams, Mayor Pro Tem Paul Biane, Councilmember Grace Curatalo, Councilmember Bob Dutton, Councilmember Jack Lam, AICP, City Manager Debra Adams, City Clerk Joe O'Neil, City Engineer MAY 2003 Resolution No. 02-163 Page 5 of 12 Resolution No. Page 4 ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA TABLE OF CONTENTS Engineer's Report Exhibit A -Description of Service Exhibit B - Cost Estimate Exhibit C - Assessment Schedule Map Resolution No. 02-163 Page 6 of 12 Resolution No. Page 5 AGENCY: CITY OF RANCHO CUCAMONGA PROJECT: DRAINAGE AREA NO. 91-2 TO: CITY COUNCIL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT PURSUANT TO BENEFIT ASSESSMENT ACT OF 1982 This Annual Supplement to the Final Engineer's Report (the "Annual Supplement") for City of Rancho Cucamonga Drainage Area No. 91-2 is hereby submitted consisting of the following documents, pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703. This Annual Supplement is applicable for the ensuing 12-month period,being the fiscalyear commencing July 1, 2002 to June 30, 2003. 1. DESCRIPTION OF SERVICE (Exhibit "A"): A description of the service proposed to be financed through revenue derived from the levy and collection of the annual benefit assessment. 2. COST ESTIMATE(Exhibit`B"): A listing of all costs and expenses for the next fiscal year, including incidental expenses. 3. BENEFIT ASSESSMENT SCHEDULE (Exhibit "C"): The annual assessment schedule, setting forth the following: A. Annual Benefit Assessment:The amount of the proposed benefit assessment for each parcel. B. Description of Parcel: A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Assessor's parcel number. Resolution No. 02-163 Page 7 of 12 Resolution No. Page 6 No benefit assessments shall be imposed or levied upon land owned by a Federal or State governmental agency and/or any other local agency. Any utility property and right-of-way shall be subject to assessment only to the extent that it is specifically benefited from the proposed services. Reference is made the Final Engineer's Report as incorporated in Resolution No. 91-331 for a description of the boundaries of the Drainage Area and each parcel therein and for the method of spreading the benefit assessment. Executed this day of May, 2002, at Rancho Cucamonga, California. CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA By: Final approval,confirmation, and levy of the annual benefit assessment and all matters in the Annual Supplement was made on the day of May, 2002 by adoption of Resolution No. by the City Council. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA A copy of said Assessment Roll and Engineer's Report was filed in the Office of the City Engineer and the City Clerk on the day of May, 2002. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Resolution No. 02-163 Page 8 of 12 Resolution No. Page 7 EXHIBIT A DESCRIPTION OF SERVICE The properties within Drainage Area No. 91-2 are located within the boundaries of the Day Canyon Drainage Basin area. Protection of the properties within the district from overland flows requires the construction of a 27+ acre-foot desilting basin and a 1,460+linear foot concrete drainage channel. The channel improvements will intercept the overland flows prior to reaching the properties and carry the storm water runoff,sediment,trash,organic material,and related debris to a desilting basin. Each year the sediment, trash, organic material, and other related debris which accumulates in the desilting basin and channel must be removed and transported to an approved spoils site. The services proposed to be financed from the revenue derived from the levy and collection of the annual benefit assessment are as follows: A. Monthly on-site inspections of the desilting basin and channel. B. Bi-monthly weed abatement program for the desilting basin and channel. C. Removal of accumulated sediment, trash, organic material, and other related debris from the desilting basin and channel to an approved spoils site. This service is expected to be provided annually. During times of excessive rainfall,this service may be required more frequently. Resolution No. 02-163 Page 9 of 12 Resolution No. Page 8 EXHIBIT B COST ESTIMATE FISCAL YEAR 2002-2003 A. Cost of Annual Maintenance Desilting Basin $22,500 Channel 6,640 Subtotal $29,140 B. Incidental Expenses City Administration 3,120 Subtotal 3,120 C. Total Annual Costs $32,260 D. Contribution _ 0 E. Balance to Assessment $32,260 Resolution No. 02-163 Page 10 of 12 Resolution No. Page 9 EXHIBIT C ASSESSMENT SCHEDULE WHEREAS, this City Council has previously,pursuant to the terms and provisions of the"Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, formed Drainage Area No. 91-2 all in accordance with the provisions of said Act; and, WHEREAS,the Annual Supplement for Fiscal Year 2002-2003 consisting of certain documentation (including the amount of the proposed assessment for each parcel, a description of the parcel and a description of the service proposed to be provided) has now been prepared. NOW,THEREFORE, the City Engineer,by virtue of the power vested pursuant to said Act and by order of the legislative body, hereby makes and recommends the following benefit assessment to cover the costs and expenses of the service proposed to be financed through the levy of assessments and revenue derived for the fiscal year 2002-2003. Said costs and expenses are generally as follows: Cost of Maintenance $29,140 Cost of Improvements $ 0 Incidental Expenses 3,120 Total Costs $32,260 Contribution/Surplus Balance to Assessment $32,260 I do hereby assess and apportion the total amount of the costs and expenses upon the several parcels of land within the area of benefit in proportion to the estimated benefits received,and hereby further state as follows: A. The amount of benefit assessment imposed is specifically related to the benefit of the parcel, which will be derived from the provision of the service to be provided. B. The annual aggregate amount of the total benefit assessment does not exceed the estimated annual cost of providing the service. C. The revenue derived from the benefit assessment shall not be used to pay for the cost of any service other than the service for which the benefit assessment was levied. Resolution No. 02-163 Page 11 of 12 Resolution No. Page 10 The assessment parcels herein refer to the County Assessment Roll for a description of the lots or parcels, and said Roll shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned by formula as set forth in the Final Engineer's Report in accordance with the benefits received from each parcel,and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the maintenance works of improvement. In the opinion of the undersigned, the benefit assessments have been spread and apportioned in accordance with the benefits to be received from the proposed work and services. Dated: CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA I. ASSESSMENT PROPERTY AMOUNT OF NUMBER DESCRIPTION ASSESSMENT 225-471-01 to 58 350 $32,260.00 225-481-01 to 42 Residential 225-491-01 to 19 Parcels 225-451-01 to 35 225-451-39 to 58 225-461-01 to 60 225-072-68 Total $32,260.00 Resolution No. 02-163 Pape 12 of 12 N 0) U •� a Q o � L W ry Usry Cl J N I m 2 I U W AV Jse3 cor I a co AV ePUe 1)3 I AV ePuew13 111 •� � �_,\ PNB Hewn Aeo W I �- m nv.eJ:euooa I i I I ( nyJeneu�a AV ueMpPW , 11 AV ue4!1#n I AV ueneH I. 1 I I V uenel{ nyesae OH 1 ny esawe{J I I ^V PIe41ymV AV PpgliDJV I ' I AV uewlleH I � i � �AV ueuq/eH h &F AV PJeAsurA I s ueeemeo a lag 1.9 h 7 / AV enag �eYn� °YS � I ' 11.9 �, Q! �, lit�3� �s� S