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Home My WebLink About02-269 - Resolutions RESOLUTION NO. 02-269 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 15783 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 territoryto 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 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 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 Resolution No. 02-269 Page 2 of 9 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 Territoryfrom 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 herebyorders the annexation of the Territoryto 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 Resolution No. 02-269 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 2nd day of October 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None 2 illiam J. /j! xander, Mayor ATTEST: De ra"iArdiArria"MC,. C( � ity 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 2nd day of October 2002. Executed this 3`d day of October 2002, at Rancho Cucamonga, Calibmia. Debra J. Adams, G10, City Clerk Resolution No. 02-269 Page 4 of 9 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: G & D CONSTRUCTION, INC., LLC The legal description of the Property is: PARCEL NO. 1: ALL THAT PORTION OF LOT 1, REDHILL SUBDIVISION, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 21 OF MAPS, PAGE 33, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1;THENCE NORTH 64 DEG. 11' WEST ALONG THE SOUTH LINE OF SAID LOT,428.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE 5 DEG. 54' WEST ALONG THE WESTERLY LINE OF SAID LOT, 117.57 FEET; THENCE SOUTH 89 DEG. 43' EAST 391.77 FEET TO THE EAST LINE OF SAID LOT BEING THE WEST LINE OF CARNELIAN AVENUE; THENCE SOUTH 01 DEG. 11' EAST ALONG THE EAST LINE OF SAID LOT, 301.78 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED OCTOBER 14, 1959, IN BOOK 4956, PAGE 123, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1;THENCE ALONG THE SOUTH LINE OF SAID LOT 1; NORTH 64 DEG. 11'WEST,A DISTANCE OF 329.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 21 DEG. 55' 07" WEST, 111.14 FEET; THENCE NORTH 8 DEG. 55'27"WEST,36.34 FEET;THENCE NORTH 22139'27"WEST,22.88 FEET TO A POINT IN THE NORTH LINE OF PROPERTY CONVEYED TO MINNIE L. KELLER, BY DEED RECORDED JUNE 6, 1951, IN BOOK 2775, PAGE 173,OFFICIAL RECORDS;THENCE NORTH 89 DEG. 43' WEST 26.60 FEET TO THE NORTHEAST CORNER OF THAT PROPERTY CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY EASEMENT RECORDED JUNE 30, 1952, IN BOOK 4593, PAGE 64, OFFICIAL RECORDS; THENCE SOUTH 25 DEG. 52' 115"EAST 174.71 FEET TO THE SOUTHEAST CORNER OF SAID FLOOD CONTROL DISTRICT RIGHT OF WAY;THENCE SOUTH 64 DEG. 11'EAST 7 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED SEPTEMBER 4, 1980, AS INSTRUMENT NO. 80-199154, OFFICIAL RECORDS. Resolution No. 02-269 Page 5 of 9 PARCEL NO. 2: ALL THAT PORTION OF LOT 3, REDHILL SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 21 OF MAPS, PAGE 33, RECORDS OF SAID COUNTY, LYING EASTERLY OF THE EASTERLY LINE OF THE SAN BERNARDINO FLOOD CONTROL AS SAID LINE EXISTED NOVEMBER 19, 1987 AND LYING SOUTHERLY OF THE SOUTHERLY LINE OF LOT 1, AND LYING WESTERLY OF THE WESTERLY LINE OF SAN DIEGO STREET FORMERLY CARNELIAN AVENUE AS SAID LINE EXISTED NOVEMBER 19, 1987. EXCEPTING ANY PORTION THEREOF LYING WITHIN LOT 10 OF SAID SUBDIVISION. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED NOVEMBER 6, 1980, AS INSTRUMENT NO.80-253706, OFFICIAL RECORDS. Resolution No. 02-269 Page 6 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LIVID#1) represents 23.63 acres of landscape area,41.88 acres of parks and 16.66 acres of community trails 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 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. 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. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generallywest of Haven Avenue. Resolution No. 02-269 Page 7 of 9 Exhibit `B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: Tract 15783 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L SLD # 1 --- --- 2 --- --- SLD # 2 --- --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L1 --- --- --- --- 'Existing items installed with original project Assessment Units by District Parcel DU S1 S2 L 1 --- 27 2 --- Resolution No. 02-269 Page 8 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2002/03. 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 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 15783) is: 27 Units x 1 A.U. Factor x $92.21 Rate Per A.U. = 2,489.67 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. 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 Tvoe Units Units Factor Units Unit Revenue Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38 Multi-Family Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51 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 15783) is: 27 Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $479.79 Annual Assessment Resolution No. 02-269 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 2002/03. 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 Tvoe 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(TR 15783) is: 27 Units x 1 A.U. Factor x $39.97 Rate Per A.U. _ $1,079.19 Annual Assessment