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HomeMy WebLinkAbout95-056 - ResolutionsRESOLUTION NO. 95-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85), FOR THE FISCAL YEAR 1995/96 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 5 of the Streets and Highways Code of the State of California, does resolve as follows: Description of Work: SECTION 1: That the public interest and convenience require and it is the intention of this City Council to levy and collect assessments within Park and Recreation District (PD-85) for the fiscal year 1995/96 for the maintenance and operation and debt service payment of Red Hill Community Park and Heritage Cormnunity Park thereon dedicated for common park purposes by deed or recorded subdivision tract map within the boundaries of said Districts. Said maintenance and operation includes the cost and supervision of landscape maintenance (including repair, removal or replacement of all or any part of any improvement providing for illumination of the subject area) in connection with said districts. Location of Work: SECTION 2: The foregoing described work is to be located within the roadway rights-of-way and easements enumerated in the report of the City Engineer and more particularly described on maps which are on file in the City Clerk's Office, entitled "Assessment Diagrams Park and Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7 and 8. Description of Assessment Districts: SECTION 3: That the contemplated work, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the work chargeable upon the districts, which said districts, are assessed to pay the costs and expenses thereof, and which districts are described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Park and Improvement District No. (PD- 85), indicating by said boundary lines the extent of the territory included within each assessment district and which maps are on file in the Office of the City Clerk of said City. Resolution No. 95-056 Page 2 Reference is hereby made to said maps for further, full and more particular description of said assessment districts, and the said maps so on file shall govern for all details as to the extent of said assessment districts. Report of Engineer: SECTION 4: The City Council of said City by Resolution No. has approved the annual report of the City Engineer which report indicates the amount of the proposed assessments, the district boundaries, assessment zones, and the method of assessment. The report title "Annual Engineer's Report" is on file in the Office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. TIME AND PLACE OF HEARING: SECTION 5: NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY SCHEDULED IN THE CIVIC CENTER COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, CITY OF RANCHO CUCAMONGA, CALIFORNIA, 91730. WEDNESDAY, MAY 3, 1995 AT 7:00 P.M. ANY AND ALL PERSONS MAY APPEAR AND SHOW CAUSE WHY SAID MAINTENANCE AND SERVICE FOR THE EXISTING IMPROVEMENTS AND THE PROPOSED IMPROVEMENTS SHOULD NOT BE DONE OR CARRIED OUT OR WHY ASSESSMENTS SHOULD NOT BE LEVIED AND COLLECTED FOR FISCAL YEAR 1994/95 PROTESTS MUST BE IN WRITING AND MUST CONTAIN A DESCRIPTION OF THE PROPERTY IN WHICH EACH SIGNER THEREOF IS INTERESTED, SUFFICIENT TO IDENTIFY THE SAME, AND MUST BE DELIVERED TO THE CITY CLERK OF SAID CITY PRIOR TO THE TIME SET FOR THE HEARING, AND NO OTHER PROTESTS OR OBJECTIONS WILL BE CONSIDERED. IF THE SIGNER OF ANY PROTEST IS NOT SHOWN UPON THE LAST EQUALIZED ASSESSMENT ROLL SUCH PROTEST MUST CONTAIN OR BE ACCOMPANIED BY WRITTEN EVIDENCE THAT SUCH SIGNER IS THE OWNER OF THE PROPERTY SO DESCRIBED. Landscaping and Lighting Act of 1972: SECTION 6: All the work herein proposed shall be done and carded through in pursuance of an act of the legislature of the State of California designated as the Landscaping and Lighting Act of 1972, being Division 5 of the Streets and Highways Code of the State of California. Resolution No. 95-056 Page 3 Publication of Resolution of Intention: SECTION 7: Published notice shall be made pursuant to Section 6961 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. ATTEST: PASSED, APPROVED, AND ADOPTED this 19th day of April, 1995. Alexander, Biane, Curatalo, Gutierrez, Williams None None AYES: NOES ABSENT: William J. Al/l/xan~er, l~laybr I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certi~ 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 19th day of April, 1995. Executed this 20th day of April, 1995, at Rancho Cucamonga, California. Resolution No. 95-056 Page 4 Preliminary ANNUAL ENGINEERS REPORT CITY OF RANCHO CUCAMONGA PD-85 Fiscal Year 1995/96 Approved: William J. O'Neil, City Engineer Resolution No. 95-056 Page 5 City of Rancho Cucamonga Annual Report PD-85 Fiscal Year 1995/96 AUTHORITY FOR REPORT This report for the 95/96 fiscal year 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, Landscape and Lighting Act of 1972, being Division 15, Section 22500 of the Streets and Highways code. Provisions for this annual assessment are included in Chapter 3 of the Landscape 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 the Parks and Recreation Improvement District No. PD-85, thereafter referred to as "the District". This District, using direct benefit assessments, has been 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. FINDINGS Section 22573, Landscape 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 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, and common areas are also exempt from assessment. The assessment for mobile home parks will be based upon underlying lot acreage. Resolution No. 95-056 Page 6 DISTRICT ANALYSIS A. Improvement District Boundary The improvement district includes all of the City of Rancho Cucamonga with the general exception of land east of Deer Creek Channel and the Victoria, Caryn & 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 Parks and Recreation Improvement District No. PD - 85. 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, imgation, onsite roads, sidewalks, parking lots, lighting, restrooms, equestrian facilities, playground equipment, picnic facilities, athletic facilities, 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 citizen facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trail, underground storm drain system, and adjacent public street improvements. Do The assessment rate for the 94/95 FY is $52.00, this rate will not increase for the 95/96 FY. It is estimated that this assessment rate will cover the districts maintenance and operation expenses for the 95/96 FY. ESTIMATE OF WORK 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 credited against assessment or any deficits shall be included in the assessment for the following fiscal year. Proposed Maintenance Budget: Regular Payroll Fringe Benefits Vehicle Maint../Operations Maintenance & Operations Equipment Maintenance Emergency & Routine Vehicle & Equip. Rental General Liability Contract Services Water Utilities Electric Utilities Telephone Utilities Subtotal: Resolution No. 95-056 95/96 $258,830 $95,770 $24,000 $76,480 $4,000 $2,000 $12,640 $30,300 $96,650 $95,950 $1,2o0 $697,820 Page 7 Assessment Administration and General Overhead Tax Delinquency Debt Service Subtotal: $256,890 $48,566 $677.000 $982,456 Gross Revenue Required: $1,680,276 Add: 94/95 District Deficit $978 Assessment Revenue Required: $1,681,254 METHOD OF SPREAD The Landscaping and Lighting Act of 1972 indicates that assessments may be apportioned by any formula or method which fairy distributes costs among all lots or parcels with 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 deftned 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 the search, several parcels were included as exempt that show parcel sizes in excess of 1.5 acres and type codes of, for Resolution No. 95-056 Page 8 example, residential or agriculture. assessed. These parcels were added back into the rolls and 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 parcds containing existing residential dwelling units and meeting the following conditions. Parcel Size Range Number of Existing Res. Dwelling Units/Parcel Less than 1.5 acres and 1.51 to 3.5 acres and 3.51 to 7.0 acres and 7.01 to 14.0 acres and 14.01 to 25.0 acres and 25.01 acres & larger and 1 or more dwelling units 2 or more dwelling units 4 or more dwelling units 8 or more dwelling units 15 or more dwelling units 26 or more dwelling units 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 parcel not defined in Category A or Category C. Category C: All exempt parcels as defined below: 2. 3. 4. 5. 6. All properties currently tax exempt; All public ownerships; Railroad mainline rights-of-way; Major utility transmission rights-of-way; Mineral rights; Parcels so small they currenfiy cannot be built upon; All normally assessable parcels within an assessed valuation of less than $500 and 1.5 acres or less; and Resolution No. 95-056 Page 9 Summary of Preliminary Assessment Amounts Category A: The pre 'hmina~ estimated assessment rate which will be levied during fiscal year 1995/96 is $52.00 per 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 $52.00 times the number of dwelling units. Category B: The assessment which may be levied for parcels within Category B during fiscal year 1993/94 shall be according to the following schedule: Definition Assessment Per Parcel less than 1.50 acres 1.51 acres to 3.50 acres 3.51 acres to 7.0 acres 7.01 acres to 14.0 acres 14.01 acres to 25.0 acres 25.01 acres & larger $ 26.00 $ 78.00 $ 182.00 $ 364.00 $ 728.00 $1,300.00 Category C: The assessment shall be $0.00 for Category C parcels. PROJECTED 1995/96 ASSESSMENTS 22,600 Single Family Parcels 265 Multi-Family Parcels Less than 1.50 Acres (1182 Parcels) 1.5 Acres to 3.50 Acres (417 Parcels) 3.51 Acres to 7.0 Acres (203 Parcels) 7.01 Acres to 14.0 Acres (123 Parcels) 14.01 Acres to 25.0 Acres (41 Parcels) 25.01 Acres or larger (22 Parcels) 22600 units at 5825 units at 1182 units at 417 units at 203 units at 123 units at 41 units at 22 units at 30,413 units $52.00 $52.00 $ 26.00 $ 78.00 $182.00 $364.00 $728.00 $1,300.00 = $1,175,200 = $302,900 = $30 732 = $ 32 526 = $ 36 946 = $ 44 772 = $29 848 = $28 600 $1,681,524 Resolution No. 95-056 Page 10