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HomeMy WebLinkAbout02-012 - Resolutions RESOLUTION NO. 02-012 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 15529 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 territoryto be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XI IID 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 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 againstthe 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 Resolution No. 02-012 Page 2 of 9 WHEREAS, at this time the City Council desires to order the annexation of the Territoryto 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 1 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. Please see the following page for formal adoption,certification and signatures it Resolution No. 02-012 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 2nd day of January 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None pexaFn�der, illiaor ATTEST: I Debra J. Ada , 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 2nd day of January 2002. Executed this 3d day of January 2002, at Rancho Cucamonga, California. beEra J. Adams C, City Clerk Resolution No. 02-012 Page 4 of 9 Exhibit A identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: FRED A. NELSON JR. & URAI S. NELSON The legal description of the Property is: The South 100 feet of the West one-half of the East one-half of Lot 1 in Block 12 of Cucamonga Homestead Association Land, in the city of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 6, page(s) 46, of Maps, in the office of the County Recorder of said County. Except the following described parcel of land: Beginning at the Southeast corner of the West one-half of said Lot 1; thence along the South line of said Lot 1; North 89140' 15" East 44.53 feet; thence North 100 52' 18" West 31.79 feet to the beginning of a curve concave to the Southeast and having a radius of 500.00 feet; thence Northwesterly along said curve through a central angle of 080 08' 55", an arc distance of 71.11 feet;thence South 890 40' 15" West 21.07 feet to the East line of the West one-half of said Lot 1;thence along said line South 00129' 28" East 100.00 feet to the Point of Beginning. Said legal description is pursuant to that certain Certifcate of Compliance No. 396 for Lot Line Adjustment which recorded May 25, 2000 as Instrument No. 2000-187724, Oficial Records. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 02-012 Page 5 of 9 EXf1/B/T A-4? ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 r © O al a A W Ac. e "Do 1121 2 Q © iy]D Q I L11! O= � OIi Al 3i110 - /(� .l it J 1. 1O I . 12 G'K ryui \ \ NSI O . l0 6° Por.LIr l l OIIIL ,\ ° ! 6 ° l) • 1 A ,O iyLD ` i*i! 0 w vIl 9® T0 01 918® ,0i q Ul0 • e 011 ° PREEF ® •P10 '?V • Q \V u 1.r u.rill 1 Ff1 q L9Lj Y. t Q Q` a �. = rl a yl ® Jll it DO31 ft W I1• L i Fasl v „ ® S/T srwEE-T �rGrrT r .F,�, S7,�FET T1tEE / EA, CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO p ` STATE OF CALIFORNIA / /J`✓�9 Resolution No. 02-012 Page 6 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 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 anyone 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, 6.5 acres of Church Street Park, the Rancho Cucamonga Senior Center which consists of 175 acres and the newest park, Golden Oaks Park located on 6`h Street, vest of Archibald. 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 trafic 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. Generallythis 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 trafic signals (or a portion thereof) on local streets generallywest of Haven Avenue. Resolution No. 02-012 Page 7 of 9 Exhibit B (continued) Proposed additions to Work Program (Fiscal Year 200112002) For Project: PARCEL MAP 15529 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,5001- SLD # 1 --- --- --- --- SLD #2 1 --- --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 1 --- --- --- 1 'Existing items installed with original project Assessment Units by District Parcel DU S1 S2 L 1 2 2 2 2 Resolution No. 02-012 Page 8 of 9 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 Citi: # of # of Rate Per Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit 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 15529) is: 2 dwelling units x 1 A.U. Factor x $92.21 Rate Per A.U. _ $184.42 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 Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi-Family Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 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(PM 15529) is: 2 Dwelling Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $35.54 Annual Assessment Resolution No. 02-012 Page 9 of 9 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 Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 6606 1.00 6606 $39.97 $264,042.00 Family The Proposed Annual Assessment against the Property(PM 15529) is: 2 Dwelling Units x 1 A.U. Factor x $39.97 Rate Per A.U. _ $79.94 Annual Assessment