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HomeMy WebLinkAbout94-090 - ResolutionsRESOLLWfIONNO. 94-090 A RESOLUTION OF THE CITY ODUNCIL OF THE CITY OF RANCHO COCAMDNGA, CALIFORNIA, DECLARING ITS INT~YI~ON TO LEVY AND OOT.T.~'~T ASS~ WI'ZTIIN PARK AND RECRFATION ~ DISTRICT (PD-85), FOR THE FISCAL YEAR 1994/95 PtRRSIIANT TO THE IANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WH~tEAS, the City Oouncil of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 5 of tb~ 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 1994/95 for the ma~ and operation and debt service payment of Red Hill C~mmazity Park and Heritage O~L,,~.nity Park thereon _dedicated for common park purposes by deed or recorded subdivision tract map witkin 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. 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. I~solution No. 94-090 Page 2 Report of Engineer: S~iTION 4: The City Council of said City by Resolution No. has approved the annual report of the City Engir~_r which report indicates the amount of the proposed assessments, the district boundaries, assessment zones, and the method of assessment. The report title "Annual Eng~'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: S~C~ION 5: NOTICE IS HEREBY Gl-vq~ THAT A PUBLIC HEARING IS HEREBY SC~I~DUr.FD IN THE CIVIC C~qTER COUNCIL (]{%MBERS, 10500 ClV/C ~ DRIVE, CITY OF RANCHO CUCAMONGA, CALIFORNIA, 91730. WEDNESDAY, JUNE 1, 1994, AT 7:00 P.M. ANY ANDALLPERSONSMAYAPPEARAND SHOW CAUSEWHY SAID MAINTt~I%NCEAND SERVICE FOR THEEXISTINGIMPROVIMSI~TSAND~PROPOS~D~DV~:~TSSHOULDNOTBEDONE OR CARRIFD OUT OR WHY ASS~ SHOULD NOT BE LEVIED AND O0T~.Ff/I]~) FOR FISCAL YEAR1994/95 tARfIfESTSMUSTBE IN WRITINGANDMUSTCDNTAINA DESC~LIl=TION OF THE PROPERTY IN WHIC~ EAC~ SIGNER THEREOF IS 11~i]~SD, SUFFICIenT TO ID~TIFYTHE SAME, AND MUSTBE D~.IVER~DTOTHE CITY cr.FRKOFSAIDClTYPRIOR TO THE TIME SET FOR THE HEARING, ANDNO OTHER~ OR O~ONS WYI$. BE OONSIDER~D. IF THE SIGNER OFANY PROTEST IS NOT SMOWN~THELAST ~2R/ALIZ~D ASSESSMt~T ROLL SUC~ PROTEST MUST CONTAIN OR BE ACODMPANI~D BY WRITrt~ EVID~I~CETHAT SUCH SIGNER ISTHEOWNEROFTHEPROPERTY SO DESCRIB~D. Landscapinqand Lighting Act of 1972: S~'TION 6: All the work herein proposed shall be done and carried 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 oft he State of California. Publication of Resolution of Intention: S~CITON 7 Published notice shall be made pursuant to Section 6961 of the Govez~ent 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. Resolution No. 94-090 Page 3 PASSFD, APPROVED, and ADOPTED this 4th day of May, 1994. Alexander, Buquet, Gutierrez, Stout, Williams AYES: NOES: None ABS~T: None Dennis L. Stout, Mayor J. ity Clerk I, DEBRA J. ADAMS, CITY CLk~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 4th day of May, 1994. Executed this 5th day of May, 1994, at Rancho Cucamonga, California. Resolution No. 94-090 Page 4 Annual Engineers Report City of Rancho Cucamonga PD-85 Fiscal Year 1994/95 William J. O~e{1, City Engineer City of Rancho Cucamonga Annual Report PD-85 Fiscal Year 1994/95 R~solution No. 94-090 Page 5 AUTHORITY FOR REPORT This report for the 94/95 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 X[IIA. 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. 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 & Terra Vista Planned Communities. Resolution No. 94-090 Page 6 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, irrigation, 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. The assessment rate for the 93/94 FY is $52.00, this rate will not increase for the 94/95 FY. It is estimated that this assessment rate will cover the districts maintenance and operation expenses for the 94/95 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. Resolution No. 94-090 Page 7 Proposed Maintenance Budget: 94/9~J Regular Payroll Fringe Benefits Vehicle Maint../Operations Maintenance & Operations Equipment Maintenance Emergency & Routine Vehicle & Equip. Rental General Liability Contract Services Water Utilities Electric Utilities Subtotal: $243,360 $90,040 $24,000 $62,040 $6,000 $1,000 $12,420 $17,000 $96,650 $95,950 $648,460 Assessment Administration and General Overhead Tax Delinquency Debt Service Subtotal: $259,230 $92,760 $680.180 $1,032,170 Gross Revenue Required: $1,680,630 Less: 93/94 District Carryover <$510> Assessment Revenue Required: $1,680,120 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 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 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 the 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. Resolution No. 94-090 Page 8 Category A: All parcels containing existing residential dwelling units and meeting the following conditions. Parcel Size Range 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 Number of Existing Res. Dwelling Units/Parcel 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. 7. 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 currently cannot be built upon; All normally assessable parcels within an assessed valuation of less than $500 and 1.5 acres or less; and Summary of Preliminary Assessment Amounts Category A: The preliminary estimated assessment rate which will be levied during fiscal year 1994/95 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. Resolution No. 94-090 Page 9 Category B: The assessment which may be levied for parcels within Category B during fiscal year 1994/95 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 1994/95 ASSESSMENTS 23,139 Single Family Parcels 244 Multi-Family Parcels Less than 1.50 Acres (1171 Parcels ) 1.5 Acres to 3.50 Acres (421) Parcels) 3.51 Acres to 7.0 Acres (204) Parcels) 7.01 Acres to 14.0 Acres (126 Parcels) 14.01 Acres to 25.0 Acres (42 Parcels) 25.01 Acres or larger (21 Parcels) 30,369 units 23,139 units at 5,245 units at 1171 units at 421 units at 204 units at 126 units at 42units at 21 units at $52.00 $52.00 $ 26.00 $ 78.00 $182.00 $364.00 $728.00 $1,300.00 = $1,203,228 = $272,740 = $30,446 = $ 32,838 = $ 37,128 = $ 45,864 = $30,576 = $ 27,300 $1,680,120 Resolution No. 94-090 Page 10