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Home My WebLink About02-287 - Resolutions RESOLUTION NO. 02-287 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 16334 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. 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 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 XII ID 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. 02-287 Page 2 of 10 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 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 adoption,certigcafion and signatures Resolution No. 02-287 Page 3 of 10 PASSED, APPROVED, AND ADOPTED this 6`h day of November 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None GL� Willia J. Alexand , Mayor ATTEST: ebra J. Ada s, 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,at a Regular Meeting of said City Council held on the 6`h day of November 2002. Executed this 7`" day of November 2002, at Rancho Cucamonga, California. u� a z?'� bebra J. Ada MC, City Clerk Resolution No. 02-287 Page 4 of 10 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., A Colorado Corporation The legal description of the Property is: SEE ATTACHED The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 02-287 Page 5 of 10 LEGAL DESCRIPTION: IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. BEING A SUBDIVISION OF PARCEL A OF LOT LINE ADJUSTMENT NO. 524, RECORDED ON OCTOBER 10, 2002, FILED AS DOCUMENT NO. 2002- 540224, RECORDS OF SAID COUNTY AND THE LAND SHOWN ON A DEED RECORDED ON SEPTEMBER 10, 2002 AS DOCUMENT NO. 2002-474825 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, AND BEING A PORTION OF THE SE '% OF THE SE % OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 6 WEST, SBBM. Resolution No. 02-287 Page 6 of 10 --- d"Z&T ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.2 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 3 X04CT /63340 Uj I I , 2 6 7 8 9 10 . if 12 13 14 15 16 7 1 W Q 5 SAGEMONT DRIVEcc 18 W 4No 4 19 do 32 31 30 29 28 27 26 25 c� W 3 20 2 I 33 36 37 24 ` 21 y 1 34 35 38 23 22 SHE OAH — DRIVE TR CT N � 16051� — — � �/oiV-TUrPF [AND�S'GL� AS /�,�� SF A CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Resolution No. 02-287 Page 7 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO.2(VICTORIA PLANNED COMMUNITY): Landscape Maintenance District No. 2 (LMD#2)represents landscape sites throughout the Victoria Planned Community. These sites are associated with areas within Victoria and as 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 Citywide 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.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. This sites maintained by the district consist of streetlights on local streets and traffic signals (or a portion thereof) on local streets within the Victoria Planned Community. Resolution No. 02-287 Page 8 of 10 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: Tract 16334 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L SLD # 1 --- 3* --- --- --- SLD # 3 8 --- _-_ ___ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 2 --- --- 14,414 50 *Existing items installed with original project Assessment Units by District Parcel DU S1 S3 L 2 38 38 38 38 Annexation Date: November 6, 2002 Resolution No. 02-287 Page 9 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO.2(VICTORIA PLANNED COMMUNITY): The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2002/03. 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 5001 1.00 5001 $422.00 $2,110,422.00 Family Multi- Parcel 124 1.00 124 $422.00 $52,328.00 Family Comm/Ind. Acre 21.59 2.00 43.18 $422.00 $18,221.96 Vacant Acre 326.47 0.25 81.62 $422.00 $34,442.65 TOTAL $2,215,414.61 The Proposed Annual Assessment against the Property(TR 16334) is: 38 Parcels x 1 A.U. Factor x $422.00 Rate Per A.U. _ $16,036.00 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 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 Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Family Multi-Family Unit 7,402 1.00 7,402 $17.77 $131,533.54 Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property JR 16334) is: 38 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $675.26 Annual Assessment Resolution No. 02-287 Page 10 of 10 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 2002/03. 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 Tvoe Units Units Factor Units Unit Revenue Single Parcel 5001 1.00 5001 $47.15 $235,797.15 Family Multi-Family Unit 124 1.00 124 $47.15 $5,846.60 Commercial Acre 47.61 2.00 95.22 $47.15 $4,489.62 TOTAL $246,133.37 The Proposed Annual Assessment against the Property JR 16334) is: 38 Parcels x 1 A.U. Factor x $47.15 Rate Per A.U. _ $1,791.70 Annual Assessment