HomeMy WebLinkAbout08-124 - Resolutions RESOLUTION NO. 08-124
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 2008-2009 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 2008-2009 (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 2008-2009 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. 08-124
Page 2 of 11
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 2008-2009.
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 2008-2009.
SECTION 5: That the above confirmed and levied benefit assessment for fiscal
year 2008-2009 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.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 08-124
Page 3 of 11
PASSED, APPROVED,AND ADOPTED this 4" day of June 2008.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
V ,
L. ennis ichael, Mayor Pro Tem
ATTEST:
Debra J. Ad s, CMC, City Clerk
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 4`h day of June 2008.
Executed this 5th day of June 2008, at Rancho Cucamonga, California.
A-�� -&tr'� --�
Debra J. Ada , CMC, City Clerk
Resolution No. 08-124
Page 4 of 11
ANNUAL SUPPLEMENT TO
FINAL ENGINEER'S REPORT
DRAINAGE AREA NO. 91-2
CITY OF RANCHO CUCAMONGA
Donald J. Kurth, M.D., Mayor
L. Dennis Michael, Mayor Pro Tem
Rex Gutierrez, Councilmember
Sam Spagnolo, Councilmember
Diane Williams, Councilmember
Jack Lam, AICP, City Manager
Debra Adams, City Clerk
Mandi Aluzri, Deputy City Manager/Community Development
JUNE 2008
Resolution No. 08-124
Page 5 of 11
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. 08-124
Page 6 of 11
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 fiscal year
commencing July 1, 2008 to June 30, 2009.
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. 08-124
Page 7 of 11
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 to 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 4th day of June 2008, at Rancho Cucamonga, California.
DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT
CITY OF RANCHO CUCAMONGA
STATE OF CALIFOR
By:
Final approval, confirmation, and levy of the annual benefit assessment and all matters in the
Annual Supplement were made on the 4`h day of June 2008, by adoption of Resolution No. 08-124
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 4th day of June 2008.
CITY CLERK
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
Resolution No. 08-124
Page 8 of 11
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 that 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 collections 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. 08-124
Page 9 of 11
EXHIBIT B
COST ESTIMATE
FISCAL YEAR 2008-2009
D. Cost of Annual Maintenance
Desilting Basin $24,892
Channel $10,668
Subtotal $35,560
E. Incidental Expenses
City Administration 6,180
Subtotal 6,180
F. Total Annual Costs $41,740
G. Contribution/Fund Balance ($ 9,288)
H. Balance to Assessment $32,252
Resolution No. 08-124
Page 10 of 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, formed Drainage Area No. 91-2 all in
accordance with the provisions of said Act; and,
WHEREAS,the Annual Supplement for Fiscal Year 2008-2009 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 Deputy City Manager/Community Development, 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 2008-2009. Said
costs and expenses are generally as follows:
Personnel Salaries $35,560
Cost of Improvements $ 0
Incidental Expenses 6,180
Total Costs $41,740
Contribution/Fund Balance ($ 9,388)
Balance to Assessment $32,352
1 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. 08-124
Page 11 of 11
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: — 06
tL 9- =- r
DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
ASSESSMENT PROPERTY AMOUNT OF
NUMBER DESCRIPTION ASSESSMENT
0225-451-01 to 35 351 $32,352.00
0225-451-39 to 46, 49,50,53 Residential
0225-451-55 to 62, 64 Parcels
0225-462-01 to 07
0225-462-12 to 17
0225-463-03, 06 to 33
0225-464-01 to 04, 06, 07
0225-464-19 to 30
0225-471-01 to 58
0225-481-01 to 42
0225-491-01 to 19
0225-561-01 to 34
0225-571-01 to 35
0225-581-01 to 38
0225-681-01 to 03
0225-681-05 to 11
Total $32,352.00