HomeMy WebLinkAbout04-030 - Resolutions RESOLUTION NO. 04-030
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 NO. 1 FOR DRC2002-00499
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 Landscape Maintenance District No. 1 and Street Lighting Maintenance
District No. 1 (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. 04-030
Page 2 of 8
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 f uture p roceedings of the M aintenance D istricts, i ncluding the
levy of all assessments, shall be applicable to the Territory.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 04-030
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 18`h day of February 2004.
AYES: Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: Alexander
ABSTAINED: None
.�- Zt
Diane Williams, Mayor Pro Tem
ATTEST:
444')�:O� a �)
Debra J. Ada s, CMC, 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 18th day of February 2004.
Executed this 1 g1 day of February 2004, at Rancho Cucamonga, California.
Aaj��Z–& a"-ne J
'Debra J. Adams, CMC, City Clerk
Resolution No. 04-030
Page 4 of 8
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
KSL RANCHO CUCAMONGA, L.P.
The legal description of the Property is:
All that certain real property situated, lying and being in the County of San Bernardino, State of
California, more particularly described as follows:
Parcel A, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as
shown on Certificate of Compliance No. 554 recorded June 27, 2003 as Instrument No. 2003-
0473625, Official Records on San Bernardino County, State of California.
Together with the rights set forth in that certain Drainage Acceptance Agreement dated July 19,
2000 and executed by and between General Dynamics Properties, Inc., a Delaware corporation
and the City of Rancho Cucamonga, a municipal corporation, recorded August 2, 2000 as
Instrument No. 2000277673, of Official Records of San Bernardino County, State of California.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 04-030
�+ �y Page 5 of 8
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. _
STREET LIGHTING MAINTENANCE DISTRICT NOS. I
SIXTH
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CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINOin M
STATE OF CALIFORNIA �K/�-D0499
Resolution No. 04-030
Page 6 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2003/2004
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 district do not represent a distinct area as do the City's remaining LMD's. Typically
parcels within this district have been annexed upon development.
The various sites maintained by this 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.
Resolution No. 04-030
Page 7 of 8
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2003/2004)
For Project: DRC2002-00499
Number of Lamps
Street Lights 5800L 9500L 16 OOOL 22,0001- 27,500L
SLD # 1 --- 6* --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 1 --- --- --- 58
*Existing items installed with original project
Assessment Units by District
Parcel Units S1 L 1
1 264 264 --- 132
Resolution No. 04-030
Page 8 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2003/04. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General City):
#of # of Rate Per
Physical Physical Assessment Assessment Assessment
and Use Unit Tyne Units Units Factor Units Unit Revenue
Single Parcel 7699 1.0 7951 $92.21 $733.161.71
Family
Multi- Unit 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 (DRC2002-00499) is:
264 Units x 0.5 A.U. Factor x$92.21 Rate Per A.U. _ $12,171.72 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 # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type 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 (DRC2002-00499) is:
264 Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $4,691.28 Annual Assessment