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HomeMy WebLinkAbout91-331 - Resolutions RESOLUTION NO. 91-331 A RESOLUI~ON OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAT/PORN/A, ADOPTING ANNUAL BENEFIT ASSESS- MENTS FOR A DRAINAGE AREA WHEREAS, the City Council of the City of Rancho Cucamonga has initiated proceedings and held a public hearing relating to the levy and imposition of benefit assessments 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 (hereinafter referred to as the "Benefit Area"); and WHEREAS, at this time the public hearing has been held in the manner and form as required by law, and this City Council is now satisfied with the Report of the Engineer and is ready to proceed to levy the annual assessments on each benefited parcel of property within the Benefit Area; and WHEREAS, it is further determined that there are less than twelve (12) registered voters within the local area of benefit, and that a written petition and consent to the levy of the assessments has been submitted, executed by the owners of more than sixty percent (60%) in area of the lands proposed to be assessed, thus no election will be required. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: RECITALS SECTION 1: That the above recitals are all true and correct. PUBLIC HEARING SECTION 2: The public hearing is closed and all protests of any kind, if any, are hereby expressly overruled and denied. SECTION 3: That the boundaries and parcels shown within the area of benefit designated as DRAINAGE AREA NO. 91-2 are hereby ratified and deter- mined to be the properties benefiting from the proposed works of maintenance. WRITTEN CONSENT AND WA/VER OF ~.ECTION SECTION 4: It is hereby further determined that a written petition and consent to the levy of the assessments has been filed by property owners representing more than sixty percent (60%) in area of the land, and it is hereby further determined that the proposal and formation of the Benefit Area shall take full force and effect without any requirement of a vote by a majority of the area. This determination is made pursuant to Section 54717 of the Government Code of the State of California. Resolution No. 91-331 Page 2 ASSES~S SECTION 5: That it is hereby determined and ordered as follows: 1. That the annual levy of assessments for the maintenance and/or servicing of the improv~ts are hereby confirmed and levied for the next fiscal year. 2. That it is further determined that as applicable the costs of the work and services may be greater than can conveniently be raised from a single annual assessment, and it is hereby further determined that the cost of the work can be collected over a period of years. SECTION 6: That it is hereby further ordered that the work of maintem~nce as set forth in the Resolution of Intention is hereby specifically ordered, said work described as follows: Annual maintenance, including the removal of sediment and debris from public basin and channel improvements (Day Canyon) to benefit and protect properties within the boundaries of the Benefit Area. For a full and detailed description of the services to be funded by the imposition of the special assessments, reference is hereby made to the "Report" previously approved and on file in the Office of the City Clerk. NOTICE SECTION 7: That immediately upon the adoption of this Resolution the City Clerk shall cause notice to be given in the following manner: 1. Deliver the original Report of the Engineer consisting of the assessment and diagram to the City Engineer, and said City Engineer shall immediately place for record said diagram and assessment in a suitable book as a permanent record. 2. Cause a certified copy of the assessment diagram and annual assessment levy to be filed with the County Auditor, said filing to be completed no later than AUGUST 10TH. 3. Cause a certified copy of the assessment diagram to be immedi- ately filed in the Office of the County Recorder. 4. Cause to be recorded a NOTICE OF ASSESS~INT in the County Recorder and attached to said Notice shall be a list setting forth the names of all property owners within the boundaries of the Benefit Area. Resolution No. 91-331 Page 3 ASSESSMENT CO/~,~CTION SECTION 8: That the above confirmed and levied annual assessment 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 County taxes shall be applicable to the collection and enforce- ment of theseassessments. PASS~D, APPROVED, and ADOPTSD this 6th day of November, 1991. AYES: Alexander, Buquet, Williams, Wright NOES: None ABSENT: Stout William J. Alexander, Mayor Pro-Tem ~~, City Clerk I, DEBRA J. ADAMS, CITY CLkJ~K 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 Novel, 1991. Executed this 7th ~ay of November, 1991 at Rancho Cucammnga, California. De~a J. Ada~, City Clerk Resolution No. 91-331 Page 4 FINAL ENGINEER ' S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA Dennis L. Stout - Mayor William J. Alexander - Mayor Pro Team Charles J. Buquet II - Councilmember Diane Williams - Councilmember Pamela J. Wright - Councilmember Jack Lam - City Manager Debra Adams - City Clerk Joe O' Neil - City Engineer Professional Services Brown, Harper, Burns & Hentchkee - Legal Counsel Willdan Associates - Assessment Engineer Resolution No. 91-331 Page 5 FINAL ENGINEER ' S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA TABLE OF CONTENTS Page Engineer' s Report 1 Exhibit A - Description of Service 4 Exhibit B Cost Estimate 5 Exhibit C - Assessment Schedule 6 Exhibit D Proposed Boundaries and Assessment Diagram 9 Exhibit E - Method of Spread 10 07607/0505/017.rc6 Resolution No. 91-331 Page 6 AGENCY: CITY OF RANCHO CUCAMONGA PROJECT: DRAINAGE AREA NO. 91-2 TO: CITY COUNCIL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA REPORT PURSUANT TO "BENEFIT ASSESSMENT ACT OF 1982" Pursuant to direction from the City Council, submitted herewith is the "Report", 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 "Report" is applicable for the ensuing 12-month period, being the fiscal year commencing July 1, 1992 to June 30, 1993. 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 special assessment. 2. COST ESTIMATE (Exhibit "B"): A listing of all costs and expenses for the next fiscal year, including incidental expenses. 3. ASSESSMENT SCHEDULE (Exhibit "C"): The annual assessment schedule, setting forth the following: A. Annual Assessment: The amount of the proposed assessment for each parcel. Resolution No. 91-331 Page 7 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. 4. PROPOSED BOUNDARIES AND ASSESSMENT DIAGRAM (Exhibit "D"): A diagram showing the exterior boundaries of the area of benefit, the boundaries of any zones within the area of benefit, and the lines and dimensions of each lot or parcel within the area of benefit. Each parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot shall conform to those on the County Assessor's map for the fiscal year to which the "Report" applies. 5. METHOD OF SPREAD (Exhibit "E"): The basis and schedule for the levy of the proposed assessments. No 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. Executed this day of , 1991, at Rancho Cucamonga, California. WILLDAN ASSOCIATES ASSESSMENT ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA By:. Joseph A. Francisco, P.E. Resolution No. 91-331 Page 8 Final approval, confirmation, and levy of the annual assessment and all matters in the Engineer's "Report" was made on the day of ,1991, 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 ,1991. CITY CI F. RK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Resolution No. 91-331 Page 9 EXHIBIT A DESCRIPTION OF SERVICE The properties within the proposed district 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 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 rain fall, this service may be required more frequently. Resolution No. 91-331 Page 10 EXHIBIT B COST ESTIMATE A. Cost of Annual Maintenance Desilting Basin $23,000 Channel 7.000 Subtotal $30,000 B. Incidental Expenses City Administration $ 2.260 Subtotal $ 2.260 C. Total Annual Costs $32,260 D. Contribution 0 E. Balance to Assessment $32,260 Resolution No. 91-331 Page 11 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, adopted the Resolution ordering the preparing and filing of a "Report", all in accordance with the provisions of said Act; and, WHEREAS, said Report 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 appointed Assessment Engineer, by virtue of the power vested pursuant to said Act and by order of the legislative body, hereby makes and recommends the following assessment to cover the costs and expenses of the service proposed to be financed through the levy of assessments and revenue derived for the next fiscal year. Said costs and expenses are generally as follows: Cost of Maintenance $30,000 Cost of Improvements 0 Incidental Expenses 2.260 Total Costs $32,260 Contribution/Surplus O Balance to Assessment $32,260 A diagram is attached hereto showing the area of benefit and the boundaries and dimensions of the respective parcels of land proposed to be assessed for the service work to be provided. Resolution No. 91-331 Page 12 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 any 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 assessment shall not exceed the estimated annual cost of providing the service. C. The revenue derived from the assessment shall not be used to pay for the cost of any service other than the service for which the assessment was levied. 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 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. Where, and if applicable, different zones for different areas of benefit have been established, and a different method of spread was used, if applicable, for differing degrees of benefit. Resolution No. 91-331 Page 13 In the opinion of the undersigned, the assessments have been spread and apportioned in accordance with the benefits to be received from the proposed work and services. Dated: WILLDAN ASSOCIATES ASSESSMENT ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CAI.!FORNIA The assessments are those as confirmed in Column I, unless a different figure appears in Column II, as modified. I.* II.* ASSESSMENT PROPERTY AMOUNT OF ASSESSMENT NUMBER DESCRIPTION ASSESSMENT AS MODIFIED 225-071-65 350 and Residential $32,260.00 225-082-01 Parcels TOTAL $32,260.00 * When final maps are approved by City Council, refer to the method of spread for Division of Assessments. EXH.TB[T D SC,4L~ l" . 400' $~£F I OF' I St~£F '~,_,..~ 'r' T '~ PROPOSED BOUNDARIES AND ASSESSMENT DIAGRAM ~ B~N~FITASS~SSM~NT OF THE CITY OF ~A~CHO C~CAMO~GA 2 ~~. ' . .... 'COUNTY OF SAN BERNARDINO~ STATE OF CAZlFORNIA Resolution No. 91-331 Page 15 EXHIBIT E METHOD OF SPREAD The law requires and the statues provide that assessments, as levied pursuant to the provisions of the "Benefit Assessment Act of 1982", must be based on the benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, Willdan Associates will be performing the services of the Assessment Engineer. Willdan' s qualified team of professionals has assisted public agencies in the formation of more than 200 Benefit Assessment and Mello-Roos Districts throughout Co_ lifomia, · Nevada, and Arizona. Willdan's involvement in the formation of these districts has resulted in bonded indebtedness of over $1 billion. Willdan is one of the few firms that can offer more than one registered engineer experienced in Benefit Assessment and Mello-Roos proceedings. Willdan' s team also includes professionals experienced in accounting, computer science, and finance who have experience in district formation and administration giving them the well-rounded knowledge needed to assist public agencies in the formation of Benefit Assessment and Mello-Roos Districts. The Assessment Engineer then makes its recommendation at the public hearing on the Benefit Area, and the final authority and action rests with the City after hearing all testimony and evidence presented at that public hearing. Upon the conclusion of the public hearing, the City must make the final action in determining whether or not the assessment spread has been made in direct proportion to the benefits received. First of all, it is necessary to identify the benefit that the public improvements will render to the properties within the boundaries of the Benefit Area. Resolution No. 91-331 Page 16 The properties within the proposed district are located within the boundaries of the Day Canyon Drainage Basin Area. Protection of these properties 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. The channel will then tran.~port the overland flow, sediment, trash, organic material, and related debris to a desilting basin. All parcels of land located within the boundaries of the District benefit fi.om the protection afforded by the proposed improvements. If the District was not protected fi.om the overland flows, development rights would not be permitted by the City of Rancho Cucamonga. Since the construction of the improvements described above directly benefit the District, then the annual maintenance of these improvements also directly benefit the District. In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished fi.om that of the general public. In thi~ case, an analysis was made, and several factors (described below) are used in the final method of spread and assessment. The drainage channel and detention basin will operate together as a system to protect the properties within the district. The District will contain approximately 350 residential parcels. Each parcel receives a special and direct benefit from the improvements in the form of protection. Each parcel ' s benefit is no greater or no less than the adjacent parcels. Theref6re, the method and apportionment of the costs for maintaining the improvements will be divided equally among the total number of residential parcels, regardless of the final number. In the event the final subdivision maps designating the total number of parcels have not been recorded by July 1 of the year, annual assessments are to be collected, the Resolution No. 91-331 Page 17 method or apportionment will be based on parcel acreage. Once the final subdivision maps have been recorded, the method or apportionment will be divided equally among the total number of parcels. In conclusion, it is my opinion that the assessments for the Benefit Area have been spread in direct accordance with the benefits that each parcel receives from the works of improvement. DATED: ,1991 WII J.DAN ASSOCIATES ASSESSMENT ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CAI.IFORNIA