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Home My WebLink About04-273 - ResolutionsRESOLUTION NO. 04-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2003-00650 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 (the 72 Act"), said Landscape Maintenance District 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of 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 owner of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 72 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 72 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. 04-273 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 72 Act and/or Article XIIID applicable to the authorization to 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 to 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 amount snot to exceed the amounts set forth in Exhibit B hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all true and correct SECTION 2: This 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 determine in relationship to the entirety of the cost of the maintenance of the Improvements. 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 levy of all assessments, shall be applicable to the Territory. Please see the following page for formal adoption, certification and signatures Resolution No. 04-273 Page 3 of 10 PASSED, APPROVED, AND ADOPTED this 2nd day of September 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: D 'bra J. Ada MC, City Clerk 1, 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 an Adjourned Meeting of said City Council held on the 2nd day of September 2004. Executed this 7t" day of September 2004, at Rancho Cucamonga, California. Debra J. Adam MC, City Clerk Resolution No. 04-273 Page 4 of 10 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: JAMES AND MARIA KYPREOS The legal description of the Property is: APN 208-261-19 ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING A PORTION OF SAID NORTHEAST QUARTER OF SECTION 10 MARKED "MARTINOVICH", OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDER IN BOOK 4, PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 10, 50.00 FEET SOUTH OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SAID POINT BEING ON THE SOUTHERLY LINE OF FOOTHILL BOULEVARD. THENCE SOUTH 00003' 12" EAST, 125.00 FEET; THENCE EASTERLY PARALLEL WITH THE SAID SOUTHERLY LINE OF FOOTHILL BOULEVARD, 114.77 FEET TO A POINT OF NORTHERLY EXTENSION OF THE WESTERLY LINE OF MALACHITE AVENUE, ON TRACT 5121, AS PER MAP RECORDED IN BOOK 64, PAGE 18 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF MALACHITE AVENUE, 125.00 FEET TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF FOOTHILL BOULEVARD; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF FOOTHILL BOULEVARD, 114.78 FEET TO THE POINT OF BEGINNING. Resolution No. 04-273 Page 5 of 10 APN 208-261-39 ALL THAT PORTION OF THE EAST '/2 OF THE NORTHWEST '/4 OF THE NORTHEAST'/4 OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER PLAT THEREOF RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF FOOTHILL BOULEVARD AND THE EAST LINE OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 10; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF FOOTHILL BOULEVARD 15 FEET; THENCE SOUTH 00003'12" EST A DISTANCE OF 125 FEET; THENCE EASTERLY PARALLEL, WITH THE SAID SOUTHERLY LINE OF FOOTHILL BOULEVARD 15 FEET MORE OR LESS TO THE SAID EASTERLY LINE OF SAID NORTHWEST'/4 OF THE NORTHEAST'/4 OF SECTION 10; THENCE NORTHERLY ALONG SAID EASTERLY LINE 125 FEET TO THE POINT OF BEGINNING. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 04-273 Page 6 of 10 EXH113IT "A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.3B STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 _ � I FOOTHILL I B 1-VD. I I APM 208-Z(ol-19 I I� I .9 N I 00 I. 4 � I N ? ND MSTREET' LIGHT h I [4,600 f_ HP5V T 8 STREET TREES < I Q I AL I CITY OF RANCHO CUCAMONGA NORTu COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA DRC2003-00650 A-3 Resolution No. 04-273 Page 7 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 313 (COMMERCIAL/INDUSTRIAL) Landscape Maintenance District No. 313 (LIVID #3B) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). 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. 6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Resolution No. 04-273 Page 8 of 10 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2004/2005) For Project: Parcel / Tract Number of Lamps Street Lights 5800L 9500L 16,0001L 22,000L 27,500L SLMD #1 --- --- 1 --- --- SLMD #6 --- --- --- --- --- Community Trail Turf Non -Turf Trees Landscaping DGSF SF SF EA LMD #3B --- --- --- 8 *Existing items installed with original project (Parcel / Tract) is: Assessment Units by District Parcel Acres SLMD1 SLMD6 LMD313 N/A 0.30 0.60 0.30 0.30 Resolution 04-273 Page 9 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2003/04. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tvoe Units Units Factor Units Unit Revenue Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 $771,520.68 The Proposed Annual Assessment against the Property (DRC2003-00650) is: 0.30 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $105.84 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit Revenue Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Family Multi- Unit 8,540 1.00 8,540 $17.77 $151,755.80 Family Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (DRC2003-00650) is: 0.30 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $10.66 Annual Assessment Resolution 04-273 Page 10 of 10 Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit Revenue Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01 The Proposed Annual Assessment against the Property (DRC2003-00650) is: 0.30 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $15.42 Annual Assessment