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Home My WebLink About02-134 - Resolutions RESOLUTION NO. 02-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 16193 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. 02-134 Page 2 of 10 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. Please see the following page for formal certification and signatures Resolution No. 02-134 Page 3 of 10 PASSED, APPROVED, AND ADOPTED this 1" day of May 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. exander, Ma or ATTEST: LAW 15e'bra J. Adams C, 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 1 st day of May 2002. Executed this 2n day of May 2002, at Rancho Cucamonga, California. Aytt-'v S4, - Cretira J. Adam MC, City Clerk Resolution No. 02-134 Page 4 of 10 VICINITY MAP N.T.S. FROJECT .. I OCA MV aaum A AAQ 3$ t 30 ft 127"YJG19Ed�on/n�Empiie 2 Page 572 Vicinity Map NOT TO SCALE CITY OF RANCHO CUCAMONGA Resolution No. 02-134 Exhibit A Page 5 of 10 Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: EMPIRE HOMES II, LLC The legal description of the Property is: PARCEL NO. 1: The North half of Lot 14, Schowalter Subdivision, in the City of Rancho Cucamonga,as shown by Map on file in Book 19,Page(s)75 of Maps,in the Office of the County Recorder of San Bernardino County, California. Areas and distances are computed to street comers. PARCEL NO. 2: The South one-half of Lot 14,Schowalter Subdivision,in the City of Rancho Cucamonga,as shown by Map on file in Book 19, Page(s) 75 of Maps, in the Office of the County Recorder of San Bernardino County, California. Areas and distances are computed to street corners. PARCEL NO. 3: The North one-half of Lot 13, Schowalter Subdivision,in the City of Rancho Cucamonga,as shown by Map on file in Book 19, Page(s) 75 of Maps, in the Office of the County Recorder of San Bernardino County, Califomia. Areas and distances are computed to street comers. PARCEL NO. 4: The West one-half of Lot 13, Schowalter Subdivision, in the City of Rancho Cucamonga,as shown by Map on file in Book 19, Page(s) 75 of Maps, in the Office of the County Recorder of San Bernardino County, California. Areas and distances are computed to street corners. PARCEL NO. 5: The South one-half of Lot 14,Schowalter Subdivision,in the City of Rancho Cucamonga,as shown by Map on file in Book 19, Page(s) 75 of Maps, in the Office of the County Recorder of San Bernardino County, California. Excepting therefrom the South eighteen feet of the North one-half of said Lot 16. Areas and distances are computed to street comers. A - 1 Resolution No. 02-134 Page 6 of 10 Exhibit "A" continued PARCEL NO. 6: The North one-half of Lot 15,Schowalter Subdivision,in the City of Rancho Cucamonga,as shown by Map on file in Book 19, Page(s) 75 of Maps, in the Office of the County Recorder of San Bernardino County, California. Areas and distances are computed to street corners. PARCEL NO. 7: That portion of the South one-half of the East one-half of Lot 13,Schowalter Subdivision,in the City of Rancho Cucamonga,as shown by Map on file in Book 19, Page(s)75 of Maps,in the Office of the County Recorder of San Bernardino County, California, described as follows: The North 40.00 feet of the South one-half of the East one-half of Lot 13. Except the East 20.00 feet thereof. Also the South 35.00 feet of the South one-half of the East one-half of Lot 13. Except the East 20.00 feet thereof. Also the West 50.00 feet of the South one-half of the East one-half of Lot 13. Except the North 40.00 feet thereof and also except the South 35.00 feet thereof. Pursuant to Certificate of Compliance for Lot Line Adjustment No. 308, recorded July 6, 1989 as Instrument/File No. 89-243864 of Official Records. Areas and distances are computed to street comers. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A- 2 Resolution No. 02-134 Page 7 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD#1)represents 33.93 acres of landscape area and 41.88 acres of parks,which 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 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. 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. B - 1 Resolution No. 02-134 Page 8 of 10 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 16193 Number of Lamps Street Lights 5800L 9500L 16,0001, 22,000L 27,5001, SLD# 1 6 --- --- --- --- SLD #2 15 --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 1 --- --- --- 75 *Existing items installed with original project Assessment Units by District Parcel Acres S1 S2 L 1 42 26.6 42 42 42 B - 2 Resolution No. 02-134 Page 9 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2001/02. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): #of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Parcel 7573 1.0 7269 $92.21 $670.274.49 Family Multi- Parcel 5952 0.5 2976 $92.21 $274,416.96 Family Comm/Ind Parcel 2 1.0 2 $92.21 $184.42 TOTAL $972,907.71 The Proposed Annual Assessment against the Property(TR 16193) is: 42 Units x 1 A.U. Factor x $92.21 Rate Per A.U. = $3,872.82 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2001/02. 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 I lse lin it Tvne Units IIn its Factor Units unit Revenue Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38 Multi- Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51 Family Commercial Acre 2,245.47 2.00 4,490.94 $17.77 $79,804.00 TOTAL $532,174.89 The Proposed Annual Assessment against the Property(TR 16193) is: 42 Units x 1 A.U. Factor x $17.77 Rate Per A.U. = $746.34 Annual Assessment C - 1 Resolution No. 02-134 Page 10 of 10 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 Ilse Unit Tvne Units Iinitc Factor llnitc unit Revenue Single Parcel 6606 1.00 6606 $39.97 $264,042.00 Family The Proposed Annual Assessment against the Property(TR 16193) is: 42 Units x 1 A.U. Factor x $39.97 Rate Per A.U. _ $1,678.74 Annual Assessment • •