HomeMy WebLinkAbout05-253 - Resolutions RESOLUTION NO. 05-253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 16227
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 District Maintenance 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. 05-253
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,cerI fication and signatures
Resolution No. 05-253
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 7'h day of September 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Q
William J. Al n er, M or
ATTEST:
d�
Debra J. Meffis, 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 7`h day of September 2005.
Executed this 8`h day of September 2005, at Rancho Cucamonga, California.
Debra J. Ada s , City Clerk
Resolution No. 05-253
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:
Title to said estate or interest at the date hereof is vested in:
K. HOVANIAN AT RANCHO ETIWANDA, LLC
The legal description of the Properties are:
TRACT NO. 16227, BEING A SUBDIVISION OF A PORTION OF THE FOLLOWING:
THAT PORTION OF THE NORTH HALF OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 6
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, LYING SOUTHERLY AND SOUTHEASTERLY OF THE SOUTHERLY AND
SOUTHEASTERLY LINE OF A STRIP OF LAND 330.00 FEET WIDE, LYING 100.00 FEET
NORTHERLY AND NORTHWESTERLY AND 230.00 FEET SOUTHERLY AND
SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE "SURVEYED
REFERENCE LINE" AS DESCRIBED IN PARCEL 2 OF DEED RECORDED JUNE 29, 1973
AS INSTRUMENT NO. 45 IN BOOK 8215, PAGE 61 OF OFFICIAL RECORDS, RECORDS OF
SAID COUNTY.
EXCEPT THEREFROM THAT PORTION OF SAID LAND LYING SOUTHERLY AND
SOUTHEASTERLY OF A LINE AND ITS EASTERLY PROLONGATION, WHICH IS
PARALLEL WITH AND DISTANT 100.00 FEET NORTHERLY AND NORTHWESTERLY,
MEASURED AT RIGHT ANGLES, FROM THE "SURVEYED REFERENCE LINE" AS
DESCRIBED IN PARCEL 1 OF SAID DEED HEREINABOVE DESCRIBED.
The above described parcels are shown on Sheet A-2 attached herewith and by this reference
made a part hereof.
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\ ITEM: Tracts 16227-1, 16227 o ry
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ENGINEERING DNISION
TITLE: Rancho Etiwanda Estates LO W
EXHIBIT:A—
Resolution No. 05-253
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2005/2006
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. 05-253
Page 7 of 9
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2005/2006)
For Project: TR 16227
No additions beyond Rancho Etiwanda Estates Infrastructure.
Assessment Units by District
Parcel DU or Acres S1 S7 L 1
145 DU 17.2746 33.32 307.05
Resolution No. 05-253
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2005/2006
LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2005/06. 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 Parcel 1572 1.00 1572 $307.05 $482,682.60
Family
Comm/Ind. Acre 5 2.00 10 $307.05 $3,070.50
TOTAL $485,753.10
The Proposed Annual Assessment against the Property (TR 16227) is:
111 Parcels x 1.0 A.U. Factor x $307.05 Rate Per A.U. _ $34,082.55 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 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 2,380.33 2.00 4,760.72 $17.77 $84,597.99
TOTAL $612,207.06
The Proposed Annual Assessment against the Property (TR 16227) is:
111 Parcels x 1.0 A.U. Factor x $17.77 Rate Per A.U. _ $1,972.47 Annual Assessment
Resolution No. 05-253
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 2005/06. 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
And Use t Jn*t Tyne Init.,; Units Factor Units Unit Revenue
Single Parcel 1804 1.00 1804 $33.32 $60,109.28
Family
Comm/Ind Acre 5 2.00 10 $33.32 $333.20
TOTAL $60,442.48
The Proposed Annual Assessment against the Property (TR 16227) is:
111 Parcels x 1.00 A.U. Factor x $33.32 Rate Per A.U. _ $3,698.52 Annual Assessment