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Home My WebLink About04-082 - Resolutions RESOLUTION NO. 04-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR DRC2002-00519 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. 9, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (referred to collectively as the "Maintenance Districts"); and WHEREAS,the provisions of Article 2 of Chapter2 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 W aiverTo 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. 04-082 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 XI I 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 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,certirication and signatures Resolution No. 04-082 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 17`h day of March 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None ;William J. exander, Mayor ATTEST: 4h.-�4,&a,� Debra J. Ad 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 17`h day of March 2004. Executed this 18'h day of March 2004, at Rancho Cucamonga, California. Debra J. Ada , CMC, City Clerk Resolution No. 04-082 Page 4 of 9 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: FOUNTAINHEAD DELTA, LP, The legal description of the Property is: THAT PORTION OF ETIWANDA CACTUS ACRES, AS SHOWN BY MAP ON FILE IN BOOK 19 OF MAPS, PAGE 63, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH EASTERLY CORNER OF LOT "F" OF SAID TRACT; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF BLOCK 11 OF SAID BLOCK; THENCE NORTHERLY ALONG THE WESTERLY LINE AND ITS NORTHERLY PROLONGATION OF LOTS 1 TO 10, IN BLOCKS 5 AND 11, OF SAID TRACT, TO THE NORTH LINE OF LOT "A" TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT "F" ; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF LOT "F" AND ITS NORTHERLY PROLONGATION TO THE POINT OF BEGINNING. EXCEPT THERE FROM THE NORTHERLY 15 FEET OF SAID LOT "A". ALSO EXCEPT THEREFROM THE SOUTH 20 FEET OF THE PROPERTY HEREIN DESCRIBED AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED MARCH 11, 1930 IN BOOK 594, PAGE 292, IN THE CITY OF AND OTHER DEEDS OF RECORD. ALSO EXCEPTTHEREFROM THAT PORTION LYING NORTHERLY OF THE SOUTHEASTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED AUGUST 8, 1972 IN BOOK 7994, PAGE 229,OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL MAP 7966 AS SHOWN BY MAP ON FILE IN BOOK 86, PAGES 1 THROUGH 3 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY. Resolution No. 04-082 Page 5 of 9 EXHIBIT"A-9" _ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.9 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 8 Q-L MILLER AI �h ylw PROJECT Uj Lu . FOOTHILL BOULEVARD �JX'EEJ' [/GzyTs CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA jMCJ Resolution No. 04-082 Page 6 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) Landscape Maintenance District No. 9 (LIVID #9) 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 (SLMD #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. 8 (SOUTH ETIWANDA) Street Light Maintenance District No. 8 (SLMD 48) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. 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 local streets and traffic signals (or a portion thereof) on local street within the South Etiwanda area. Resolution No. 04-082 Page 7 of 9 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2003/2004) For Project: DRC2002-00519 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001L 27,500L SLMD # 1 1 SLMD #8 Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD #9 4 *Existing items installed with original project Assessment Units by District Parcel Acres S1 S8 L 9 0.42 0.84 0.84 0.84 Resolution No. 04-082 Page 8 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) The rate per assessment unit (A.U.) is $422.00 for the fiscal year2003/04. The following table summarizes the assessment rate for Landscape Maintenance District No. 9 (Victoria Planned Community): #of Assessment #of Rate Per Physical Units Factor Assessment Assessment Land Use Type Units Units Unit Revenue Single Parcel 5060 1.00 5060 $422.00 $2,177,520.00 Family The Proposed Annual Assessment against the Property(DRC2002-00519) is: 0.42 Acre x 2 A.U. Factor x $375.91 Rate Per A.U. _ $315.76 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 Tvoe Units Units Factor Units Unit Revenue Single Parcel 19,803 1.00 19803 $17.77 $351,899.31 Family Multi-Family Unit 7,402 1.00 7402 $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(DRC2002-00519) is: 0.42 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. _ $ 14.93 Annual Assessment Resolution No. 04-082 Page 9 of 9 Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): #of Rate Per Physical #of Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 497 1.00 497 $193.75 $96,293.75 Family The Proposed Annual Assessment against the Property is (DRC2002-00519): 0.42 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $162.75 Annual Assessment