HomeMy WebLinkAbout04-071 - Resolutions RESOLUTION NO. 04-071
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 16432
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, t he p rovisions of A rticle 2 ofChapter2 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 i n 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. 04-071
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 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 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. 04-071
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 3rd day of March 2004.
AYES: Alexander, Gutierrez, Kurth, Williams
NOES: None
ABSENT: Howdyshell
ABSTAINED: None
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William J. lexander, Mayor
ATTEST:
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Debra J. Ada , 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 3rd day of March 2004.
Executed this 4`" day of March 2004, at Rancho Cucamonga, California.
Debra J. Adams, MC, City Clerk
Resolution No. 04-071
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
CUCAMONGA VENTURES, LLC
The legal description of the Property is:
Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California,
described as follows:
PARCEL NO. A:
AS PER PLAT ATTACHED TO CERTIFICATE APPROVING A LOT LINE ADJUSTMENT,
OWNER'S CERTIFICATE NO. 549, RECORDED OCTOBER 7, 2003, INSTRUMENT NO. 03-
756-197 OFFICIAL RECORDS, BEING DESCRIBED THEREIN AS FOLLOWS:
PARCEL 2:
THE SOUTHERLY 330.00 FEET, MEASURED AT RIGHT ANGLES OF THE WEST '/2 OF THE
EAST Y2 OF LOT 7, BLOCK 12, CUCAMONGA HOMESTEAD ASSOCIATION LAND, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 46 RECORDS OF
SAID COUNTY.
PARCEL NO. B:
EAST ONE-HALF OF THE EAST ONE-HALF OF LOT 7, BLOCK 12, CUCAMONGA
HOMESTEAD ASSOCIATION LANDS, IN THE CITY OR RANCHO CUCAMONGA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF
MAPS, PAGE 46, RECORDS OF SAID COUNTY
Resolution No. 04-071
Page 5 of 9
EXHIBIT"A— Z"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. t
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2
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CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA TR 16437-
Resolution No. 04-071
Page 6 of 9
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 d istrict d o not represent a d istinct d istrict a rea a s 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 (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.2(LOCAL STREETS):
Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or
installation o f s treet I ights a nd t raffic s ignals I ocated o n I ocal s treets throughout t he 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. 04-071
Page 7 of 9
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 200312004)
For Project: Tract 16432
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 --- --- ---
SLD #2 14 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID #1 --- --- 6,435 86
'Existing items installed with original project
Assessment Units by District
Parcel DU S1 S2 L1
28 28 28
Resolution No. 04-071
Page 8 of 9
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 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 (TRACT 16432) is:
28 Units x 1 A.U. Factor x $92.21 Rate Per A.U. _ $2,581.88 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 Tyne 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 (TRACT 16432) is:
28 Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $497.56 Annual Assessment
Resolution No. 04-071
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 2003/04. 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 Tyne 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 (TRACT 16432) is:
28 Units x 1 A.U. Factor x $39.97 Rate Per A.U. = $1,119.16 Annual Assessment