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HomeMy WebLinkAbout87-229 - Resolutions RESOLUTION NO. 87-229 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENGINEERS "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN AN ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, pursuant to the provisions of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, did, by previous Resolution, propose to initiate proceedings and ordered the preparation of an Engineer's "Report" for the annual levy of assessments within a special assessment district, said assessment district known and designated as PARK AND RECREATION IMPROVEMENT DISTRICT (HERITAGE AND RED HILL COMMUNITY PARK) (hereinafter referred to as the "Assessment District"); and WHEREAS, there has now been presented to this City Council the "Report" as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the existing works of improvement, as set forth in said "Report". NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: Section 1: That the above recitals are all true and correct. Section 2: That the "Report" as presented, consisting of the following: A. Plans and specifications describing the general nature, location and extent of the existing improvements. B. Estimate of cost, including the amount of the annual installment for the forthcoming fiscal year. C. Diagram of the District. D. Assessment of the estimated cost is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Resolution No. 87-229 Page 2 Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report". PASSED, APPROVED, and ADOPTED this 6th day of May, 1987. AYES: King, Wright, Brown, Stout NOES: None ABSENT: Buquet Dennis L. Stout, Mayor ATTEST: Beverly ~A. Authelet, City Clerk I, BEVERLY A. AUTHELET, 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 6th day of May, 1987. Executed this 6th day of May, 1987 at Rancho Cucamonga, California. Beverly ~ Authelet, City Clerk Resolution No. 87-229 Page 3 ANNUAL ENGINEER'S REPORT CityofFtenchoCueemonga AND REatATION DIB'rRICT (86 P.D.) Flood 'ear 1987-88 A:::::_-..:.~"-_ lieraN, .admlnb~dbn Resolution No. 87-229 Page 4 TABLE OF CONTENTS PAGE SECTION 1 AUTHORITY FOR REPORT 1 SECTION 2 FINDINGS 2 SECTION 3 DISTRICT ANALYSIS 3 SECTION 4 ESTIMATE OF COST 4 SECTION 5 METHOD OF SPREAD 5 EXHIBIT A ASSESSMENT DIAGRAM MAPS Resolution No. 87-229 Page 5 SECTION 1 - AUTHORITY FOR REPORT This report for the 1987-1988 Fiscal Year update is prepared pursuant to the order of the City Council of the City of Rancho Cucamonga and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, beir~a Division 15, Section 22500 of the Streets and Highway Code. Provisions for this annual assessment are included in Chapter 3 of the Landscaping and Lighting Act of 1972. The purpose of this report is to set forth findings and the assessment analysis for the annual levy of assessments for Park and Recreation Improvement District No. 85-PD, thereafter referred to as "the District". This District, utilizing direct benefit assessments, has been created to provide funds to finance the cost of construction, maintenance, and operation of Heritage Community Park and Red Hill Community Park in the City of Rancho Cucamonga. -1- Resolution No. 87-229 Page 6 SECTION 2 - FINDINGS Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The means of determining whether or not a parcel will benefit from the improvements is contained in the Improvement Act of 1911 (Division 7, commencing with Section 5000 of the Streets and Highways Code, State of California). The 1972 Act also provides for the classification of various areas within an assessment district into benefit areas where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. Benefiting areas consist of all territory receiving substantially the same degree of benefit from the improvements and may consist of contiguous or noncontiguous areas. As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax; and, therefore, are not governed by Article XIIIA. Properties owned by public agencies, such as a city, county state, or the federal government, are not assessable without the approval of the particular agency and, normally, are not assessed. Certain other parcels used for railroad mainline right-of-way, public utility transmission right-of-way, common areas, and nonprofit organizations (i.e., churches, clubs) are also exempt from assessment. The assessment for mobile home parks will be based upon the underlying lot acreage. -2- Resolution No. 87-229 Page 7 SECTION 3 - DISTRICT ANALYSIS A. Improvement District Boundary The improvement district includes all of the City of Rancho Cucamonga with the general exception of the Etiwanda area in the northeasterly section of the City. The Etiwanda area is not included in the improvement district because community park design and construction in that area is, in general, being financed by development fees pursuant to the Quimby Act. The assessment district boundary is shown on the assessment diagram map (Exhibit A). All parcels of real property affected are more particularly described in maps prepared in accordance with Section 327 of the Revenue and Taxation Code, which are on file in the office of the San Bernardino County Assessor in the Hall of Records, 172 West Third Street, San Bernardino, California and which are hereby made a part hereof by reference. B. District Name City of Rancho Cucamonga Park Improvement District No. 85-PD C. Facilities The existing works of improvement are generally described as follows: 1. The construction of Heritage Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, restroom, equestrian facilities, playground equipment, picnic facilities, athletic faciltiies, and walking, jogging and equestrian trails. 2. The construction of Red Hill Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior citizens facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trail, underground storm drain system, and adjacent public street improvements. 3 Resolution No. 87-229 Page 8 SECTION 4 - ESTIMATE OF COST The Landscaping and Lighting Act of 1972 permits carrying forward surpluses or recovering deficits in subsequent fiscal years. Costs for the district will be reviewed annually. Any surplus cf=dlted against assessments or any deficits shall be included in the assessment for the following fiscal year. 1987-1988 Fiscal Year Estimated Costs and Budget Summary Deficit from 1986-1987 Budget (36,447) Contributions (interest earned) Redemption Fund (Limited to Pay Bond Debt Service) 12,185 Special Reserve Fund (Limited to Pay Bond Debt Service) 30,773 Total Estimated Available Funds $6,511 County Special Charges '0- Administration Charges 90,996 Consultants' Fees -O- Fiscal Agent Charges '0- Debt Service Installment (i/2/88) 318,376 Debt Service Installment (7/2/89) 488,376 Delinquent Assessment Factor 48,405 Balance to Assessment $946,153 -4- Resolution No. 87-229 Page 9 SECTION 5 - METHOD OF SPREAD The Landscaping and Lighting Act of 1972 indicates that assessments may be apportioned by any formula or method which fairly distributes costs among all lots or parcels within the District in proportion to the estimated benefits received. A. Definitions The District is divided into three categories for the purpose of determining the assessments as follows: Category A - includes parcels based on the number of existing residential units within certain ranges of parcel size. Category B - includes all parcels not defined in Category A or Category C. Category C - includes exempt parcels. Exempt parcels were discovered by searching the County Assessor's computer tapes for those parcels that are listed as exempt by the Assessor or which have an assessed value of less than $500. In conducting this search, several parcels were included as exempt that show parcel sizes in excess of 1.5 acres and type codes of, for example, residential or agriculture. These parcels were added back into the rolls and assessed. B. Formula The assessment formula is based on actual land use information contained in the current San Bernardino Assessor's computer files and Assessor's parcel maps. Category A: All parcels containing existing residential dwelling units and meeting the following conditions: Assessor's Number of Existing Res. Size Range Parcel Size Range Dwelling Units/Parcel 0-4 Less than 1.5 acre and 1 or more dwelling units 5 1.51 to 3.5 acres and 2 or more dwelling units 6 3.51 to 7.0 acres and 4 or more dwelling units 7 7.01 to 14.0 acres and 8 or more dwelling units 8 14.01 to 25.0 acres and 15 or more dwelling units 9 25.01 acres & larger and 26 or more dwelling units -5- Resolution No. 87-229 Page 10 Category A is based on the number of existing residential units. The actual assessment for Bond Debt Service per existing residential dwelling unit may decrease each year as more residential units are built within the improvement district. Maintenance costs, however, are expected to increase annually and will somewhat offset the anticipated decrease in assessments due to new development. Category B: All parcels not defined in Category A or Category C. Category C: All exempt parcels as defined below: 1. all properties currently tax exempt; 2. all public ownerships; 3. railroad mainline rights-of-way; 4. major utility transmission rights-of-way; 5. mineral rights; 6. parcels so small they currently cannot be built upon; 7. all normally assessable parcels with an assessed valuation of less then $500 and 1.5 acres or less; and 8. nonprofit organizations (i.e., churches). C. Summary of Preliminary Assessment Amounts Category A: The preliminary estimated assessment which will be levied annually is $33.50 per residential dwelling unit for those parcels in Category A. Category A parcels containing more than one residential dwelling unit will be assessed for an amount equal to $33.50 times the number of dwelling units. -6- Resolution No. 87-229 Page 11 Category B: The assessment which may be levied annually for parcels within Category B shall be according to the following schedule: Assessor's Assessment Size Range Definition per Parcel* 0 - 4 less than 1.5 acres $ 16.75 5 1.5 acres to 3.5 acres 50.25 6 3.51 acres to 7.0 acres 117.25 ? 7.01 acres to 14.0 acres 234.50 8 14.01 acres to 25.0 acres 469.00 9 25.01 acres and larger 837.50 Category C: The assessment shall be $0.00 for Category C parcels. * Some assessments may vary from the values given above by $.01 or $0.2 either way. The computer spreads the actual Balance to Assessment, carries the extra pennies left over from an even spread, and adds them one at a time to the assessment roll from the first parcel downward to make the total assessment spread exactly equal the Balance to Assessment. The individual 1987-1988 assessments by Assessor's parcel number (Exhibit B) have been tabulated and are on file at City Hall with the City Clerk of the City of Rancho Cucamonga and are hereby made a part hereof by this reference. Dated CITY OF RANCHO CUCAMONGA City Engineer -7- Resolution No. 87-229 Page 12 Preliminary approval for annual levy of assessment of the district and preliminary approval of the engineer's report were made on the day of , 1987. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Final approval, confirmation and levy of the annual assessment and all matters in the engineer's report were made on the day of , 1987, 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 , 1987. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA