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Home My WebLink About01-134 - Resolutions RESOLUTION NO. 01-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16164 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 2, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 3 (referred to collectively as the "Maintenance Districts"); and WHEREAS,the provisions of Article 2 of Chapter 2 of the"Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID")establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto(the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and Resolution No. 01-134 Page 2 of 9 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS,by such Consent and Waiver,all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts,approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Resolution No. 01-134 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 6th day of June 2001. AYES: Alexander, Biane, Dutton, Williams NOES: None ABSENT: Curatalo ABSTAINED: None c William J. Alexa er, yor ATTEST: Lltta9sf�� ,(Ddbra J. Ada MC, City Clerk I, DEBRA J.ADAMS,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, ata Regular Meeting of said City Council held on the 61h day of June 2001. Executed this 7`h day of June, at Rancho Cucamonga, California. Ifebra J. Adams, C, City Clerk Resolution No. 01-134 Page 4 of 9 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: TRIMARK PACIFIC-DAY CREEK LLC The legal description of the Property is: Parcel 1: Those portions of Lots 9 and 10 of Orange Empire Acres,in the City of Rancho Cucamonga,County of San Bernardino,State of California,as per map recorded in Book 20,page(s) 1,of Maps,in the office of the County Recorder of said County,lying Westerly of the West line of the East%z of the Southwest Y4 of Section 32,Township I North,Range 6 Vest,San Bernardino Meridian,as shown on the Records of Survey recorded in Book 47,Pages 68 through 75,inclusive,Records of Survey, Records of the County Recorder of said County and lying easterly of a line that is parallel with and 175.00 feet Westerly of said West line, as shown in that certain Certificate of Compliance for Lot Line Adjustment recorded August 18, 1983 as Instrument No. 83-190199,Official Records. Except therefrom all that portion thereof conveyed to the City of Rancho Cucamonga,a Municipal Corporation,by Grant Deed recorded January 22, 1998,as Instrument No. 19980021534,Official Records. Parcel 2: Lots 53 and 60 of Tract 16081,in the City of Rancho Cucamonga,County of San Bernardino, State of California,as shown on map on file in book 281 pages 1 through 8,inclusive,in the office of the County Recorder of said County. The above-described sc bed parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. [CREATE SHEET A-2: MAP OF TRACT WITHLMD AREAS HIGHLIGHTED] A- I Resolution No. 01-134 Page 5 of 9 VICINITY MAP t t RT. 30/210 t AVE. t tt tt 5LVERSERRY t 5T. t T16081 WITOM . rARR PROJECT SITE ST. .t 51 rTR. No. 16164_ t� — — fR.R. R/W �J SASE LIC ROAD - Iif a �y. GMlAtflt STREET Y Y�I D Ott l� tt VILTORN CJP' FOO SLvD. P ^ CITY OF RANCHO CUCAMONGA A-2 Resolution No. 01-134 Page 6 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO.2(VICTORIA PLANNED COMMUNITY): Landscape Maintenance District No.2(LMD 42)represents landscape sites throughout the Victoria Planned Community. These sites are associated with areas within Victoria and ad such any benefit derived from the landscape installation can be directly attributed to those parcels within that community. Because of this, assessments required for this district are charged to those parcels within that planned community. The sites maintained by the district consist of parkways, median islands, street trees, paseos, community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park,Victoria Groves Park,Vintage Park,Windrows Park and Ellena Park. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD#1)is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district,being located on arterial streets,have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City_ STREET LIGHT MAINTENANCE DISTRICT NO.3(VICTORIA PLANNED COMMUNITY): Street Light Maintenance District No.3(SLD#3)is used to fund the maintenance and/or installation of street lights and traffic signals located within the Victoria Planned Community. Generally this area encompasses the area of the City east of Deer Creek Channel,south of Highland Avenue,north of Base Line Road,and west of Etiwanda Avenue. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals(or a portion thereof)on local streets within the Victoria Planned Community. B- 1 Resolution No. 01-134 Page 7 of 9 Exhibit`B"continued Proposed additions to Work Program(Fiscal Year 2001/2002) For Project: Tract 16164 Number of Lamps Street Lights 5800L 9500L 16,0001, 22,0001, 27,5001, SLD# 1 9 ---- ---- ---- ---- SLD#3 41 ---- --- ---- ---- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 2 ---- 45,420 30,000 265 *Existing items installed with original project Assessment Units by District Parcel Acres Sl S3 L 2 20 --- 42 42 42 B - 2 Resolution No. 01-134 Page 8 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO.2 VICTORIA PLANNED COMMUNITY: The rate per assessment unit(A.U.) is $422.00 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned Community): #of #of Rate Per Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Parcel 4071 1.00 4071 $422.00 $1,717,960.00 Family Multi- Unit 388 1.00 388 Family $422.00 $163,740.00 Comm/Ind. Acre 24,676 2.00 49.352 $422.00 $20,830.00 Vacant Acre 405.13 0.25 101.2825 $422.00 $42,740.00 TOTAL $192,270.00 The Proposed Annual Assessment against the Property(TR 16164)is: 20 dwelling units x 1 A.U.Factor x $422.00 Rate Per A.U._ $8,440.00 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 TOTAL $483,560.00 The Proposed Annual Assessment against the Property(TR 16164)is: 20 Units x 1 A.U.Factor x $17.77 Rate Per A.U. _ $355.40 Annual Assessment C- I Resolution No. 01-134 Page 9 of 9 Exhibit"C"continued STREET LIGHT MAINTENANCE DISTRICT NO.3(VICTORIA PLANNED COMMUNITY): The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned Community): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 4,071.00 1.00 4,071.00 $47.15 $191,948.00 Family Multi- Family Unit 388.00 1.00 388.00 $47.15 $18,294.000 Commercial Acre 78.79 2.00 157.58 $47.15 $7,430.00 TOTAL $217,672.00 The Proposed Annual Assessment against the Property(TR 16164)is: 20 Units x 1 A.U.Factor x $47.15 Rate Per A.U.= $943.00 Annual Assessment C -2