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HomeMy WebLinkAbout88-395 - Resolutions RESOLUTION NO. 88-395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT 85PD (HERITAGE AND RED HILL COMMUNITY PARK). WHEREAS, the City Council of the City of Rancho Cucamonga did on the 4th day of May, 1988, adopt its Resolution of Intention No. 88-280 to order the therein described work in connection with the Park and Recreation Improvement District which Resolution of Intention No. 88-280 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 fiie 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. SECTION l: It is hereby resoived by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the levy and collection of assessments within the Park and Recreation Improvement District for the fiscal year 1988-89, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 88-280, be done and made; and SECTION 2: Be it further resolved that the report filed by the Engineer is hereby finally approved; and SECTION 3: Be it finally resolved that the assessments for fiscal year 1988-89 and method of assessment in the Engineer's Report are hereby approved. PASS~D, APPROVED, and ADOPTED this 15th day of June, 1988. AYES: Brown, Stout, King, Wright NOES: None ABSENT: Buquet ~~ ~ ~ennis L. Stout, Mayor ATTEST: ]~erl~ A. Authelet, Cit~y Cl~rk ~f Reso£ution No. 88-395 Page 2 I, BEVERLY A. AUTHELET, 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 15th day of June, 1988. Executed this 16th day of June, 1988 at Rancho Cucamonga, California. ~B'~erl'y A. Authelet, C~t~ Clerk Reso£ution No. 88-395 Page 3 TABLE OF C08T]~STS PAGE SECTION 1 AUTHORITY FOR REPORT 1 SECTION 2 FINDINGS 2 SECTION 3 DISTRICT ANALYSIS 3 SECTION 4 ESTIMATE OF COST 4 SECTION 5 METHOD OF SPREAD 5 EXHIBIT A ASSESSMENT DIAGRAM MAPS Resolution No. 88-395 Page 4 SgC~ION I - AUTHORITy FOR REPORT This report for the 1988-1989 Fiscal Year update 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 l, Landscaping and Lighting Act of 1972, being Division 15, Section 22500 of the Streets and Highway Code. Provisions for this annual assessment are included in Chapter 3 of the Landscaping 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 ior the Park and Recreation Improvement District No. 85-PO, thereafter referred to as "the District". This District, utilizing direct benefit assessments, has been created to provide funds to finance the cost of construction, maintenance, and operation of Heritage Community Park and Red Hill Community Park in the City of Rancho Cucamonga. Resolution No. 88-395 Page 5 SECTION 2 - FINDINC, S Section 22573, Landscaping and Lighting Act of i972, 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 zn 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 wili receive during differing degrees of benefit from the improvements. Benefiting areas consist of ail 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 Articie 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, common areas, and nonprofit organizations (i.e., churches, clubs) are also exempt from assessment. The assessment for mobile home parks will be based upon underlying lot acreage. Resoiution No. 88-395 Page 6 SECTION 3 - DISTRICT ANALYSIS A. Improvement District Boundary The improvement district includes all of the City of Rancho Cucamonga with the general exception of the Etiwanda area in the northeasterly section of the City. The Etiwanda area is not included in the improvement district because community park design and construction in that area is, in general, being financed by development fees pursuant to the Quimby Act. The assessment district boundary is shown on the assessment diagram map (Exhibit A). 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 Improvement District No. 85-PD. 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, on-site 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, on roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior citizens facilities, playground equipment, picnic facilities, major lighted athletic iaciiities, jogging trail, underground storm drain system, and adjacent public street improvements. Resolution No. 88-395 Page 7 SECTION ~ - ESTII~YIt OF CO~T The Landscaping and Lighting Act of 1972 permits carrying forward surpluses or recovering deficits in subsequent fiscal year. Costs for the district will be reviewed annually. Any surplus credited against assessments or any deficits shall be included in the assessment for the following fiscal year. 1988-1989 FISCAL YgAR~ST~D ~OSTS A~D BUDGgT SUNI~_RY Deficit from 1987-1988 Budget ($ 7,794) Contributions (interest earned) Redemption Fund (Limited to Pay Bond Debt Service) 29,490 Special Reserve Fund (Limited to Pay Bond Debt Service) 7~573 $ 29,269 Total Estimated Available Funds County 90,632 Consultants' Fees -O- Fiscal Agent Charges -0- Debt Service Installment (1/2/89) 311,365 Debt Service Installment (7/2/89) 496,363 Operation and Maintenance 62~244 $966,269 Balance to Assessment $937,000 Resolution No. 88-395 Page 8 SgCTtOI~ 5 - ~TllOl) OF SP~I~I) The Landscaping and Lighting Act of 1972 indicates ChaC assessments may be apportioned by any formula or method which fairly distributes costs among ali lots or parcels within 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 ail 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 that $500. In conducting this search, several parcels were included as exempt that show parcel sizes in excess of 1.5 acres and type codes of, for exampie, 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. Category A: Ail parcels containing existing residential dwelling units and meeting the following conditions: Assessor's Number of Existing Res. Size Range Parcel Size Ran&e Dwelling Units/Parcel 0-4 Less than 1.5 acres and 1 or more dwelling units 5 1.51 to 3.5 acres and 2 or more dwelling units 6 3.51 to 7.0 acres and 4 or more dwelling units 7 7.01 to 14.0 acres and 8 or more dwelling units 8 14.01 to 25.0 acres and 15 or more dwelling units 9 25.01 acres & larger and 26 or more dweliing units Resolution No. 88-395 Page 9 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: Ail parcels not defined in Category A or Category C. Category C: Ail exempt parcels as defined below: 1. all properties currently tax exempt; 2. all public ownerships; 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 with an assessed valuation of less that $500 and 1.5 acres or less, and 8. nonprofit organizations (i.e., churches). C. Summary of Preliminary Assessment Amounts Category A: The preliminary estimated assessment which will be levied annually is $33.50 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 $33.50 times the number of dwelling units. Resolution No. 88-395 Page 10 Category B: The assessment which may be levied for parcels within Category B shall be according to the following scheduke: Assessor's Size Range Definition Assessment Per Parcel* 0 - 4 less than 1.5 acres $ 16.75 5 1.5 acres to 3.5 acres $ 50.25 6 3.51 acres to 7.0 acres $117.25 7 7.01 acres to 14.0 acres $234.50 8 i4.01 acres to 25.0 acres $469.00 9 25.01 acres and larger $837.50 Category C: The assessment shall be $0.0 for Category C parcels. * Some assessments may vary from the values given above by $.01 or $.02 either way. The computer spreads the actual Balance to Assessment, carries the extra pennies left over from an even spread, and adds them one at a time to the assessment roll from the first parcel downward to make the total assessment spread exactly equal the Balance to Assessment. The individual 1988-1989 assessments by Assessor's parcel number (Exhibit B) have been tabulated and are on file at City Hall with the City Clerk of the City of Rancho Cucamonga and are hereby made a part hereof by this reference. Dated CITY OF RANCHO City Engineer