HomeMy WebLinkAbout01-195 - Resolutions RESOLUTION NO. 01-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP
NO. 15278
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. 1, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 2 (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
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
Resolution No. 01-195
Page 2 of 8
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. 01-195
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 51h day of September 2001.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
W4JAlexe , ayor
ATTEST:
Z
Debra J. Adam , CMC, 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, at a Regular Meeting
of said City Council held on the 5th day of September 2001.
Executed this 6`h day of September 2001, at Rancho Cucamonga, California.
De ra J. Ada , CMC, City Clerk
Resolution No. 01-195
Page 4 of 8
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
P.K.T. PROPERTIES, LLC
The legal description of the Property is:
The Easterly 292 feet of the Southerly 163.5 feet of the Northerly 300.5 feet of lot
52, Foothill Frostless Fruit Co.'s Tract No. 2 in the County of San Bernardino,
State of California, as per Map Recorded in Book 20 of MAPS, Page 34, in the
office of the County Recorder of said County.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 01-195
Page 5 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
Landscape Maintenance District No. 1 (LIVID #1) represents 33.93 acres of landscape area and
43.25 acres of parks that are located at various sites throughout the City. These sites are not
considered to be associated with any one particular area within the City, but rather benefit the
entire City on a broader scale. As such, the parcels within this district do not represent a distinct
district area as do the City's remaining LMD's. Typically parcels within this district have been
annexed upon development.
The various sites maintained by the district consist of parkways, median islands, paseos, street
trees, entry monuments, Community Trails and Parks. The 43.25 acres of parks consist of Bear
Gulch Park which is 5 acres, 20 acres of East and West Beryl Park, 5 acres of Old Town 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. 2 (LOCAL STREETS):
Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or
installation of street lights and traffic signals located on local streets throughout the City but
excluding those areas already in a local maintenance district. Generally this area encompasses
the residential area of the City west of Haven Avenue. It has been determined that the facilities
in this district benefit 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 generally west of Haven Avenue.
Resolution No. 01-195
Page 6 of 8
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: PM 15278
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
*SLD # 1
*SLD #2
*Installed with Tract 15962
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID 1 --- --- --- 6
*Existing items installed with original project
Resolution No. 01-195
Page 7 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General City):
# of # of Rate Per
Physical Assessmen Assessmen Assessmen
Land Use Type Units t t t Revenue
Single Parcel 7269 1.0 7269 $92.21 $670.274.49
Family
Multi- Unit 5952 0.5 2976 $92.21 $274,416.96
Family
TOTAL $944,691.45
The Proposed Annual Assessment against the Property (PM 15278) is:
3 dwelling units x 1 A.U. Factor x $92.21 Rate Per A.U. _ $276.63 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 Assessmen Assessmen Assessmen
Land Use Unit Tvoe Units t t t Revenue
Single Parcel 16,956.0 1.00 16,956.0 $17.77 $301,310.0
Family 0 0 0
Famil Unit 6,257.00 1.00 6,257.00 $17.77 $111,0190.0
Y
I Commercia Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00
TOTAL $483,560.0
0
The Proposed Annual Assessment against the Property (PM 15278) is:
3 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $53.31 Annual Assessment
Resolution No. 01-195
Page 8 of 8
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS):
The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets):
#of # of Rate Per
Physical Physical Assessmen Assessmen Assessmen
Land Use Unit Tvne Units t t t Revenue
Single Parcel 6606 1.00 6606 $39.97 $264,042.0
Family 0
The Proposed Annual Assessment against the Property (PM 15278) is:
3 Parcels x 1 A.U. Factor x $39.97 Rate Per A.U. _ $119.91 Annual Assessment