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Home My WebLink About05-240 - Resolutions RESOLUTION NO. 05-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR DRC2003-00719 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. 2, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 3 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Acto of 1972" 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 owners of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XI IID 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. 05-240 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 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 C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE 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. 05-240 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 17'h day of August 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexa er, Mayor ATTEST: "Js, 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 August 2005. Executed this 18`h day of August 2005, at Rancho Cucamonga, California. Lteoa—Q4�i24— Debra J. Ada C, City Clerk Resolution No. 05-240 Page 4 of 9 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Pacific Globe, Inc., a California Corporation The legal description of the Property is: THAT PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, AND THAT PORTION OF LOT A, OF TRACT NO. 12046, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PER MAP ON FILE IN BOOK 168, PAGES 1 THROUGH 7 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID TRACT NO. 12046, DISTANT THEREON SOUTH 0007'39" WEST, 9.317 METERS FROM THE NORTHWEST CORNER OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 32; THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 0007'39" WEST, 12.019 METERS TO THE NORTHWESTERLY CORNER OF SAID LOT A; THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 0007'39"WEST, 17.475 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY, AND HAVING A RADIUS OF 180.00 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 38011'02" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE, 31.563 METERS THROUGH A CENTRAL ANGLE OF 10002'48" TO THE NORTHERLY LINE OF SAID LOT A; THENCE CONTINUING NORTHEASTERLY ALONG SAID CURVE, 59.576 METERS THROUGH A CENTRAL ANGLE OF 18157'47'; THENCE ON A RADIAL LINE TO SAID CURVE NORTH 9110'25" WEST, 1.898 METERS TO THE NORTHERLY LINE OF SAID SECTION 32; THENCE SOUTH 84101'59" WEST, 44.628 METERS TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 84001'59" WEST, 38.024 METERS TO THE POINT OF BEGINNING. PARCEL2: LOT 73 TRACT NO. 15875, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 278 OF MAPS, PAGES 8 TO 13, RECORDS OF SAID COUNTY. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 05-240 Page 5 of 9 EXHIBIT"A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 2 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 3 RTE 210 EASTBOUND ON-RAMP N84'02 103.11 Id - -- ------- LEGEND )o(If+ea. 5-mar LmmTs m%000 I- Kpsv STRPF-'r TFtr_E5 q ea, ON DAY CRCEK lGea. 09 HIC)HI.-AAD A CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BER-NAR-DINO STATE OF CALIFORNIA DR122003-00"I A-Z Resolution No. 05-240 Page 6 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA): Landscape Maintenance District No. 2 (LMD #2) represents landscape sites throughout the Victoria Planned Community. These sites are associated with areas within Victoria and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that community. Because of this, assessments required for this district are charged to those parcels within that planned community. The sites maintained by the district consist of parkways, median islands, street trees, paseos, community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park, Victoria Groves Park, Vintage Park, Windrows Park and Ellena Park. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): 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. 3 (VICTORIA): Street Light Maintenance District No. 3 (SLD #3) is used to fund the maintenance and/or installation of street lights and traffic signals located within the Victoria Planned Community. Generally, this area encompasses the area of the City east of Deer Creek Channel, south of Highland Avenue, north of Base Line Road, and west of Etiwanda Avenue. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of streetlights on local streets and traffic signals (or a portion thereof) on local streets within the Victoria Planned Community. Resolution No. 05-240 Page 7 of 9 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: PM 16565 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L SLD # 1 --- --_ 2 --- SLID # 3 --- --- 2 Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 1 --- ___ 'Existing items installed with original project Assessment Units by District Acres S1 S3 L 2 1.48 2.96 2.96 2.96 Resolution No. 05-240 Page 8 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA): The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 2 (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 Multi- Parcel 124 1.00 124 $422.00 $52,328.00 Family Comm/Ind. Acre 44.18 2.00 88.36 $422.00 $37,287.92 Vacant Acre 337.97 0.25 84.4925 $422.00 $35,655.84 TOTAL $2,302,791.76 The Proposed Annual Assessment against the Property (DRC2003-00719) is: 1.48 Acres x 2 A.U. Factor x $422.00 Rate Per A.U. _ $1,249.12 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. 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 (DRC2003-00719) is: 1.48 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $52.60 Annual Assessment Resolution No. 05-240 Page 9 of 9 Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA): The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned Community): # of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Facto[ Units Unit Revenue Single Parcel 5160 1.00 5160 $47.15 $243,294.00 Family Multi-Family Unit 124 1.00 124 $47.15 $5,846.60 Commercial Acre 44.18 2.00 88.36 $47.15 $4,166.17 Vacant 10.95 2.0 21.90 $47.15 $1,032.59 TOTAL $254,339.36 The Proposed Annual Assessment against the Property (DRC2003-00719) is: 1.48 Acres x 2 A.U. Factor x $47.15 Rate Per A.U. _ $139.56 Annual Assessment