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HomeMy WebLinkAbout2021-061 - Resolution RESOLUTION NO. 2021-061 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2021/22 WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed that certain maintenance district and authorized the levy of assessments therein pursuant to the terms and 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 (commencing with Section 22500) (the "1972 Act") in what is known and designated as Park and Recreation Improvement District No. PD-85 (the "District"); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2021/22, to finance the costs and expenses necessary for continued maintenance and servicing of improvements within the District; and WHEREAS, at this time, there has been presented and approved by this City Council, a separate report for the District identified by the distinctive designation of such District and entitled "Fiscal Year 2021/22 Annual Engineer's Report" (the "Annual Engineer's Report") as required pursuant to Article 4 of Chapter 1 of the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"), and this City Council desires to conduct the proceedings to authorize the levy of the annual assessments within the District; and WHEREAS, the annual assessments for Fiscal Year 2021/22 proposed to be levied within the District as set forth in the report do not exceed the annual assessments as previously authorized to be levied within such District and, therefore, the proposed levy of assessments for Fiscal Year 2021/22 within such District are not deemed to be "increased" over the maximum authorized annual assessments. NOW, THEREFORE, by the City Council of the City of Rancho Cucamonga, as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Improvements and Maintenance and Servicing Thereof. The public interest and convenience requires the City Council, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of assessments within the District for the continued maintenance and servicing of the improvements authorized to be maintained and serviced within such District. "Maintenance" may include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: (a) repair, removal, or replacement of all or any part of any improvement; (b) providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and, (d) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Service" may include the furnishing of: (a) electric current or energy, gas, or other illuminating agent for the lighting or operation of any improvements; and, (b)water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. A description of the improvements to be maintained and the maintenance and services to be Resolution No. 2021-061 — Page 1 of 4 provided is set forth in Appendix A attached hereto and incorporated herein by this reference. SECTION 3. Annual Engineer's Report. The Annual Engineer's Report regarding the annual levy for the District for Fiscal Year 2021/22, has been preliminarily approved and directed to be filed in the office the City Clerk. Reference is made to such Report for the District for a full and detailed description of the improvements to be maintained and serviced, the boundaries of such District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within such District. SECTION 4. Assessment. The public interest and convenience requires, and it is the intention of this City Council to order, the annual levy of assessments for the District as set forth and described in the Annual Engineer's Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Engineer's Report. SECTION 5. Boundaries of District. The proposed maintenance and service work as described in the Annual Engineer's Report for the District is, in the opinion of this City Council, of special benefit to the properties within the boundaries of such District, and this City Council makes the costs and expenses of such maintenance and service chargeable upon such District, which District said City Council hereby declares to be the District specially benefited by such maintenance and service, and to be further assessed pursuant to the Assessment Law to pay the costs and expenses thereof. The District shall include each and every parcel of land within the boundaries thereof; as such District is shown on a map or maps as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of such District. SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held the 21st day of July, 2021, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting of the City Council, being in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California, which is the time and place fixed by this City Council for the hearing of protests or objections in reference to the annual levy of assessments, to the extent of the maintenance, by any interested person and any other matters contained in this resolution. Any persons who wish to object to the proceedings for the annual levy should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. SECTION 7. For Information Regarding Proceedings. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the City: Tamara Oatman Finance Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-2430 SECTION 8. Notice.The City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the Inland Valley Daily Bulletin, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing. Resolution No. 2021-061 — Page 2 of 4 PASSED, APPROVED, and ADOPTED this 7th day of July 2021. L. Dennis Michael, Mayor ATTEST: 'jbnice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 7th day of July 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 8th day of July, 2021, at Rancho Cucamonga, California. r Janice C. Reynolds, City Clerk W Resolution No. 2021-061 — Page 3 of 4 Appendix A Descriptions of Improvements and Maintenance and Services This Appendix A contains a general description of the improvements to be maintained and serviced and a description of such maintenance and services. 1. The maintenance and operation of Heritage Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, restrooms, equestrian facilities, playground equipment, picnic facilities, athletic facilities, and walking, jogging and equestrian trails and sanitary sewer connections. 2. The maintenance and operation of Red Hill Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior citizen facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trail, sanitary sewer connections and onsite drainage inlets. Resolution No. 2021-061 — Page 4 of 4 Resolution 2021-061 Preliminary Annual Engineer's Report Fiscal Year 2021/22 City of Rancho Cucamonga Parks and Recreation Improvement District No. PD-85 Jason C. Welday, Director of Engineering Services/City Engineer CITY OF RANCHO CUCAMONGA PARKS AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tern Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Sam Spagnolo, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Oatman, Finance Director TABLE OF CONTENTS AUTHORITY FOR REPORT I FINDINGS 1 DISTRICT ANALYSIS 2 ESTIMATE OF WORK 3 District Budget 3 Definitions of Budget Items 5 METHOD OF SPREAD 6 Annexations 8 Boundary Map 8 AUTHORITY FOR REPORT This report for the Fiscal Year 2021/22 is prepared pursuant to the order of the City Council of the City of Rancho Cucamonga (the "City") and in compliance with the requirements of Article 4, Chapter 1, Landscape and Lighting Act of 1972 (the "1972 Act"), being Division 15, Section 22500 of the Streets and Highways code. Provisions for this annual assessment are included in Chapter 3 of the 1972 Act. The purpose of this report is to set forth findings and the assessment analysis for the annual levy of assessments for the Park and Recreation Improvement District No. PD-85 (the "District"). This District, using direct benefit assessments, was originally created to provide funds to finance the cost of construction, maintenance, operation and debt payment of Heritage Community Park and Red Hill Community Park in the City of Rancho Cucamonga. Subsequently, the debt has been repaid with only the ongoing maintenance and operation with periodic capital improvement expenditures of the parks remaining. FINDINGS Section 22573 of the 1972 Act, 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 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 bases of benefit, they are considered a user's fee, not a tax; and, therefore, are not governed by Article XIII A. 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, and common areas are also exempt from assessment. The assessment for mobile home parks will be based upon underlying lot acreage. Park and Recreation Improvement District No. PD-85— City of Rancho Cucamonga 1 Fiscal Year 2021/22 DISTRICT ANALYSIS A. District Boundary The District includes all of the City of Rancho Cucamonga with the general exception of land east of Deer Creek Channel and the Victoria, Caryn and Terra Vista Planned Communities. 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 and Recreation Improvement District No. PD-85. C. Facilities The existing works within the District boundary are generally described as follows: 1. The maintenance and operation of Heritage Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, restrooms, equestrian facilities, playground equipment, picnic facilities, athletic facilities, and walking, jogging and equestrian trails and sanitary sewer connections. 2. The maintenance and operation 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, sanitary sewer connections and onsite drainage inlets. Park and Recreation Improvement District No. PD-85 —City of Rancho Cucamonga 2 Fiscal Year 2021/22 ESTIMATE OF WORK The 1972 Act permits carrying forward surpluses or recovering deficits in subsequent fiscal years. Costs for the district will be reviewed annually. Any surplus credited against assessment or any deficits shall be included in the assessment for the following fiscal year. District Budget Fiscal Year 2021/22 Budget Expenditures Personnel Services: Regular Salaries $ 157,770 Overtime Salaries 3,680 Fringe Benefits 78,640 Subtotal - Personnel 240,090 Operations and Maintenance: Operations and Maintenance: O & WGeneral 68,000 O & M/Facilities 2,500 Emergency Equipment and Vehicle Rental 8,500 Equipment Operations and Maintenance 1,000 Subtotal -Operations and Maintenance 80,000 Contract Services: Contract Services/General 302,860 Contract Services/Facilities 13,000 Tree Maintenance 26,210 Subtotal-Contract Services 342,070 Utilities: Telephone Utilities 3,940 Water Utilities 186,280 Electric Utilities 136,650 Subtotal- Utilities 326,870 Assessment Administration 144,590 Admin./General Overhead 54,780 Other Expenses 2,960 Subtotal-Operations and Maintenance 951,270 Capital Expenditures: Captial Outlay- Improvements Other Than Building 580,000 Captial Project 500,000 Subtotal -Capital Expenditures 1,080,000 Transfers Out: Transfers Out- PD-85 Capital Reserve Fund 116,800 Total Expenditures Budget $ 2,388,160 Park and Recreation Improvement District No. PD-85 — City of Rancho Cucamonga 3 Fiscal Year 2021/22 Fiscal Year 2021/22 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 1,148,530 Anticipated Prior Year Delinquencies Collection 13,560 Subtotal -Taxes 1,162,090 Other Revenues: Interest Earnings 31,990 Other Rental/Lease Income 124,010 Park Maintenance Fees 4,210 Sports Field User Group Rentals 110 Sports Lighting Fees 17,270 Other Revenue 100 Subtotal -Other Revenues: 177,690 Transfer In: Transfer In - General Fund 99,990 Transfer In - PD-85 Operating Fund 116,800 Transfer In - CFD Empire Lakes 22,480 Subtotal -Transfer In: 239,270 Total Revenues Budget 1,579,050 Contribution to/(Use of) Fund Balance $ (809,110) Total Gross Estimated Assessments $ 1,159,090.00 Total District EBU Count 37,390.00 Actual Assessment per EBU- Fiscal Year 2021/22 $ 31.00 Maximum Allowable Assement per EBU- Fiscal Year 2021/22 $ 31.00 Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County of San Bernardino, whichever is later. Beginning with Fiscal Year 2016/17, the City will maintain a Capital Reserve to be used for deferred maintenance and pending capital projects. Park and Recreation Improvement District No. PD-85 — City of Rancho Cucamonga 4 Fiscal Year 2021/22 The reserve balance information for the District is as follows: Operating Capital Total Reserve Reserve Reserve Estimated Reserve Fund Balance,June 30,2021 $ 2,614,085 $ 471,743 $ 3,085,828 Contribution to/(Use of)Reserve-Fiscal Year 2021/22 (400,690) (408,420) (809,110) Estimated Reserve Fund Balance,June 30,2022 $ 2,213,395 $ 63,323 $ 2,276,718 Definitions of Budqet Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Park and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 5 Fiscal Year 2021/22 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). METHOD OF SPREAD The 1972 Act 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 benefit 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 are those parcels listed by the County Assessor's as exempt and/or which have an assessed value of less than $500. 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. Parcel Size/Range Dwelling Units/Parcel Less than 1.5 Acres and 1 or more dwelling units 1.51 to 3.5 Acres and 2 or more dwelling units 3.51 to 7.0 Acres and 4 or more dwelling units 7.01 to 14.0 Acres and 8 or more dwelling units 14.01 to 25 Acres and 15 or more dwelling units 25.01 Acres and larger 26 or more dwelling units Category A is based on the number of existing residential units. Park and Recreation Improvement District No. PD-85— City of Rancho Cucamonga 6 Fiscal Year 2021/22 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_ ownership; 3. Railroad mainline right-of-ways; 4. Major utility transmission right-of-ways; 5. Mineral rights; 6. Parcels so small they currently cannot be built upon; 7. All normally assessable parcels within an assessed valuation of less than $500 and 1.5 acres or less; and, C. Summary of Preliminary Assessment Amounts Category A: The preliminary estimated assessment rate, which will be levied during the Fiscal Year 2021/22, is $31.00 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 $31.00 times the number of residential dwelling units. Category B: The assessment, which may be levied for parcels within Category B during the Fiscal Year 2021/22, shall be according to the following schedule: Definition Assessment Per Parcels Single Family Residential $31.00 Multi-Family Residential $31.00 Less than 1.5 Acres $15.50 1.51 Acres to 3.50 Acres $46.50 3.51 Acres to 7.0 Acres $108.50 7.01 Acres to 14.0 Acres $217.00 14.01 Acres to 25.0 Acres $434.00 25.01 Acres and larger $775.00 Category C: The assessment shall be $0.00 for Category C parcels. Park and Recreation Improvement District No. PD-85 — City of Rancho Cucamonga 7 Fiscal Year 2021/22 Annexations There were no effective annexations for Fiscal Year 2021/22. Boundary Map An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Park and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 8 Fiscal Year 2021/22 CMG as 0 U Z ,C ¢� 0 C E Ln w E C o ��.�.�.�. ��! Ay�(ua4� _ u a c 1% 4.0 V i 4) p•y O _ .� cl� _ ■ji ) ■ m ■ O � o " r- C i c v+ ` Ad 15e3 n i +� �AV epuem43 ny epuenn43 d � Is v aJ /0 C M Ay Ja4Sa4Pob �i Ay la3SaLPO2j A Q. I.i Ay uaj!!!!W nt1 uaj!II!W Ay UaAeH Ay uaneH Ay esowJaH Ay esowJaH Ay pleq!4pJd Ay ple4!4:)h/ ny uewpay n Ay uewllaH t -C z €" 3S ue!aw Ay p eAau!A t p k _ e AV aAOJ9 rn t o ci$ OTC .� 0] L2Q & [lilt O� ppgh Park and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 9 Fiscal Year 2021/22