HomeMy WebLinkAbout05-124 - Resolutions RESOLUTION NO. 05-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 7 FOR 5938 ETIWANDA
AVENUE
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 special maintenance district known and designated as Landscape
Maintenance District No. 7, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 7 (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. 05-124
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 amounts not to exceed the amounts set forth in Exhibit B hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES 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 determined 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. 05-124
Page 3 of 9
PASSED, APPROVED,AND ADOPTED this 6`h day of April 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Alex der, Mayor
ATTEST:
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 6`h day of April 2005.
Executed this 7`h day of April 2005, at Rancho Cucamonga, California.
Ze LU
Debrb J. Adam C, City Clerk
Resolution No. 05-124
Page 4 of 9
Exhibit A
To
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
DAVID SKOLNICK
The legal description of the Properties are:
PARCEL B,AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE NO.582 FOR
LOT LINE ADJUSTMENT, RECORDED SEPTEMBER 17, 2004, AS INSTRUMENT NO. 677935
OF OFFICIAL RECORDS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
The above described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 05-124
Page 5 of 9
EXf A/7 "A- 2K
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 36
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6
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Resolution No. 05-124
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA)
Landscape Maintenance District No. 7 (LIVID #7) represents landscape sites throughout the
Etiwanda North Area. 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 sites maintained by the district consist of parkways, median islands, paseos, street
trees, community trails and Etiwanda Creek Park.
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. 7 (NORTH ETIWANDA)
Street Light Maintenance District No. 7 (SLD#7)is used to fund the maintenance and/or installation
of street lights and traffic signals located on local streets in what is termed the North Etiwanda area
of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and
north 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 streets within the North Etiwanda area.
Resolution No. 05-124
Page 7 of 9
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 200412005)
For Project: 5938 Etiwanda Avenue
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,0001- 27,500L
SLMD # 1 1* --- --- --- ---
SLMD # 7 1. --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD #7 --- --- --- 6
*Existing items installed with original project
Assessment Units by District
Parcel D.U. S1 S7 L 7
1 1 1 1 1
Resolution No. 05-124
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2004/05. The following table
summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda):
# of Assessment # of Rate Per
Physical Units Factor Assessment Assessment
Land Use Type Units Units Unit Revenue
Single Family Parcel 1572 1.00 1572 $307.05 $482,682.60
Comm/Ind. Acre 5 2.00 10 $307.05 $3,070.50
TOTAL $485,753.10
The Proposed Annual Assessment against the Property (5938 Etiwanda Avenue) is:
1 Unit x 1 A.U. Factor x $307.05 Rate Per A.U. _ $307.05 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 Type 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 (5938 Etiwanda Avenue) is:
1 Unit x 1 A.U. Factor x $17.77 Rate Per A.U. _ $17.77 Annual Assessment
Resolution No. 05-124
Page 9 of 9
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2004/05. The following table
summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda):
#of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Family Parcel 1804 1.00 1804 $33.32 $60,109.28
Comm/Ind Acre 5 2.00 10 $33.32 $333.20
TOTAL $60,442.48
The Proposed Annual Assessment against the Property (5938 Etiwanda Avenue) is:
1 Unit x 1 A.U. Factor x $33.32 Rate Per A.U. _ $33.32 Annual Assessment