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HomeMy WebLinkAbout15-157 - Resolutions RESOLUTION NO. 15-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT, APPROVING THE ANNUAL ENGINEER'S REPORT AND PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2015/2016 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 15th day of July, 2015, adopt its Resolution of Intention No.15-124 pursuant to the Landscaping and Lighting Act of 1972, as amended (the "1972 Act"), declaring its intention to levy and collect assessments within Park and Recreation Improvement District No. PD-85 for Fiscal Year 2015/2016 and giving notice of the time and place for a public hearing by the City Council on the levy of the proposed assessments within the Districts; and WHEREAS, the City Council previously received and preliminarily approved a report of the Assessment Engineer as required by the 1972 Act; and WHEREAS, notice of such public hearing was duly and legally published in the time, form and manner as required by law, shown by the affidavit of Publication of said Resolution of Intention on file in the Office of the City Clerk; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed work. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga, as follows: SECTION 1: This City Council hereby finds and determines that notice of the public hearing has been given and the proceedings for the consideration of the levy of the annual assessments within each District have been undertaken in accordance with the 1972 Act. SECTION 2: The final assessments and diagram for the proceedings, as contained in the final Engineer's Report for the District, are hereby approved and confirmed. The assessments for the District contained in the Engineer's Report for Fiscal Year 2015/2016 are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in applicable Engineer's Report. SECTION 3: This City Council finds and determines that the public interest and convenience requires the levy and collection of assessments within the District for the Fiscal Year 2015/2016, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 15-124, be done and made. RESOLUTION NO. 15-157 - Page 1 of 3 SECTION 4: The above-referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 5: The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing is to be made no later than the 3rd Monday in August, 2015. SECTION 6: After the filing of the diagram and assessment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. SECTION 7: The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. SECTION 8: The assessments as above confirmed and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2015 and ending June 30, 2016. RESOLUTION NO. 15-157 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 5" day of August 2015. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis Michael, Mayor ATTEST: nice C. Reynolds, tity Clerk I, JANICE C. REYNOLDS, 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 511 day of August 2015. Executed this 61h day of August 2015, at Rancho Cucamonga, California. 6Ai1�/,it ce C. Reynolds, CiVy Clerk RESOLUTION NO. 15-157 - Page 3 of 3 Annual Engineer's Report Fiscal Year 2015/2016 City of Rancho Cucamonga Parks and Recreation Improvement District No. PD-85 QQDFESSIO,yq� yQ�ODREWSTFFy�2 " No.Cp53672 W :680'�l s F Of CA Mark A. Steuer, Director of Engineering Services/City Engineer CITY OF RANCHO CUCAMONGA PARK AND RECREATION DISTRICT NO. PD-85 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Lynne B. Kennedy, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, Deputy Director/Department of Innovation & Technology Christopher Bopko, Management Analyst III TABLE OF CONTENTS Authority for Report 1 Findings 1 District Analysis 2 Estimate of Work 3 Method of Spread 6 Annexations 7 Boundary Map 7 AUTHORITY FOR REPORT This report for the 2015/2016 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 Park and Recreation Improvement District No. PD-85 thereafter referred to as "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, 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 bases 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 governments is 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. Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 1 Fiscal Year 2015/16 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 & 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. Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 2 Fiscal Year 2015/16 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: Personnel Services Regular Salaries $326,720.00 Overtime Salaries 3,680.00 Part Time Salaries 0.00 Fringe Benefits 153.270.00 Subtotal $483,670.00 Operations & Maintenance Operations & Maintenance $74,310.00 Operations & Maintenance - Facilities 2,500.00 Vehicle Operations & Maintenance 0.00 Emergency Equipment & Veh. Rntl 0.00 Equip Operations & Maint. 8,000.00 Contract Services 84,590.00 Contract Services/Facilities 0.00 Tree Maintenance 18,200.00 Telephone Utilities 8,450.00 Water Utilities 215,590.00 Electric Utilities 103,910.00 Assessment Administration 153,430.00 Admin./General Overhead 115,780.00 Subtotal $784,760.00 Capital Outlay Capital Outlay - Improv. Other than Bldg 0.00 Subtotal 0.00 Total PD-85 Expenditure Budget $1,268,430.00 -------------------------------------------------------------------------------------------------- Projected Revenue (includes projected $1,256,470.00 delinquencies and interest & penalties) Operating Reserve Contribution 11,960.00 Total PD 85 Revenue Budget $1268,430.00 Total District Assessment $1,156.920.00 Total District Parcel Count 27,569 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. Parks and Recreation Improvement District No. PD-85-City of Rancho Cucamonga 3 Fiscal Year 2015/16 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 of Rancho Cucamonga to maintain an Opening 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, whichever is later. The reserve balance information for the District is as follows: Estimated Fiscal Year Ending June 30, 2015 Reserve Fund $832,788.00 Use of Operating Reserve — Fiscal Year 2015/16 11,960.00 Operating Reserve Contribution — Fiscal Year 2015/16 0.00 Estimated Fiscal Year Ending June 30, 2016 Reserve Fund $820,828.00 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Overtime Salaries: This item includes costs attributed to work performed by full-time employees over and above their normal scheduled hours. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the parks improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the parks improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the parks. Utilities —Water: This item includes the costs to furnish water for the landscaping and parks. Utilities — Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the parks lighting, sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of Parks and Recreation Improvement District No. PD-8S—City of Rancho Cucamonga 4 Fiscal Year 2015/16 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 departments and staff 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 assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: 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. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 5 Fiscal Year 2015/16 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 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. 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; Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 6 Fiscal Year 2015/16 3. Railroad mainline rights-of-way; 4. Major utility transmission rights-of-way; 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 fiscal year 2015/2016, 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 fiscal year 2015/2016, 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. Annexations There were no annexations effective for the 2015/16 Fiscal Year. 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 San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. 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