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Home My WebLink About04-270 - ResolutionsRESOLUTION NO. 04-270 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 DRC2002-00018 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 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 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. 04-270 Page 2 of 9 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. CUCAMONGA HEREBY RESOLVE• • 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. O4-27O Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 18 th day of August 2004. AYES: Alexander, Gutierrez, HOVVdy3h8U.Kurth, Williams NOES: None ABSENT: None ABSTAINED: None ' L'&-uc- Debr�ij-Adams,(PMC, City Clerk |, 0EBRA J. ADAMS, CITY CLERK Of the City of Rancho Cucamonga, California, do hereby certify that the foregoing R8SO|UUOO was duly passed, approved and adopted by the City COUOCi| of the City Of Fl8DChO CUC8DlOOg8, California, at 3 R8gU|8[ Meeting Ofsaid City Council held Onthe 18"'day OfAugust 2004. Executed this 1omday OfAugust 2O04'8tRancho Cucamonga, California. Debra J. Adams, t-MC, City Clerk Resolution No. 04-270 Page 4 of 9 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: PARCEL C: GEORGE W. FASCHING AND GERALDINE FASCHING, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED '/2 INTEREST AND TOM ENNIS AND CAROL ENNIS, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED %2 INTEREST, AS TENANTS IN COMMON PARCEL D: LOS OSOS PLAZA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY The legal description of the Property is: PARCELS C AND D OF CERTIFICATE OF COMPLIANCE NO. 531, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED JULY 24, 2002 AS DOCUMENT NO. 2002-0384141 OF OFFICIAL RECORDS OF SAID COUNTY. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. I 6XISI?4& &T. Li"r&IP-) H A 'LA Resolution No. 04-270 Page 5 of 9 Resolution No. 04-270 Page 6of9 Exhibit B To Description of the District Improvements Fiscal Year 2004/2005 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 that 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 d istrict d o n of represent a d istinct d istrict a rea as d o the C ity's remaining L MD'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 (SLID #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 I ights a nd traffic s ignals I ocated on local streets throughout the C ity b ut 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 generally west of Haven Avenue. Resolution No. 04-270 Page 7of9 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2004/2005) For Project: DRC2002-00018 Street Lights Number of Lamps 5800L 9500L 16,000L 22,000L 27,500L SLMD # 1 4* --- --- --- --- SLMD # 2 --- --- 1 --- --- Community Trail Turf Non -Turf Trees Landscaping DGSF SF SF EA LIVID # 1 --- --- --- --- *Existing items installed with Alta Loma Drive, by California Department of Transportation Assessment Units by District Parcel Acres SLMD1 SLMD2 LMD1 "C" 1.09 2.18 2.18 1.09 "D" 1.62 3.24 3.24 1.62 Resolution No. 04-270 Page 8 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2004/05. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of # of Rate Per Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Parcel 7699 1.0 7951 $92.21 $733,161.71 Family Multi- Units 7091 0.5 3570 $92.21 $329,189.70 Family Comm/Ind. Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (DRC2002-00018) is: Parcel C: 1.09 Acres x 1.0 A.U. Factor x $92.21 Rate Per A.U. _ $100.51 Annual Assessment Parcel D: 1.62 Acres x 1.0 A.U. Factor x $92.21 Rate Per A.U. _ $149.38 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2004/05. 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 21,151 1.00 21,151 $17.77 $375,853.27 Family Multi -Family Unit 8,540 1.00 8,540 $17.77 $151,755.80 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 (DRC2002-00018) is: Parcel C: 1.09 Acres x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $38.74 Annual Assessment Parcel D: 1.62 Acres x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $57.57 Annual Assessment Resolution No. 04-270 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 2004/05. 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 6050 1.00 6050 $39.97 $241,818.50 Family Multi Family Unit 24 1.00 919 $39.97 $36,732.43 Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86 Total $280,073.79 The Proposed Annual Assessment against the Property (DRC2002-00018) is: Parcel C: 1.09 Acres x 2.0 A.U. Factor x $39.97 Rate Per A.U. _ $87.13 Annual Assessment Parcel D: 1.62 Acres x 2.0 A.U. Factor x $39.97 Rate Per A.U. _ $129.50 Annual Assessment