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Home My WebLink About06-005 - Resolutions RESOLUTION NO. 06-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 5943 KLUSMAN AVENUE (APN: 1062-241-34) 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 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, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the annexation of additional territory to the Maintenance District; 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 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. 06-005 Page 2 of 8 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 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 the levy of all assessments, shall be applicable to the Territory. Please see the following page for formal adoption,certification and signatures Resolution No. 06-005 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 18`h day of January 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None s cGe William J. Ale xan r, Mayor ATTEST: Debra J. A 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 18`h day of January 2006. Executed this 1 g`h day of January 2006, at Rancho Cucamonga, California. Debra J. Ad ms , City Clerk Resolution No. 06-005 Page 4 of 8 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owners of the Property are: Derek M.Williams and Shelisa Williams The legal description of the Property is: Lot 9 of Tract 9268, in the City of Rancho Cucamonga, County of San Bernardino, State of California as per map recorded in Book 132, Pages 86-87, Inclusive of Maps, in the Office of the County Recorder 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 06-005 Page 5of8 EXHIBIT"A" - 2 ASSESSEW NT DtAuKAM STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 s 3), � t J• 0 1 X29 J b u J O 31, y S 35 35 T� 4 s1. a "1• 8 3t 8 - u W 17 IQ 8 _ c , I6 rl r O p 15 12 114 o - u 1 o '— - SHALE S:REE7 sv, 9aL9 � _ m 27 I o S/REE r CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAIF BERNARDINO i Resolution No. 06-005 Page 6 of 8 Exhibit B Description of the District Improvements Fiscal Year 2005/2006 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 of street lights and traffic signals located on local streets throughout the City but 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. 06-005 Page 7 of 8 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: 5943 Klusman Avenue Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L SLD # 1 --- --- --- -- SLD# 2 --- --- --- --- --- *Existing items installed with original project Assessment Units by District Parcel DU or Acres S1 S2 1 DU --- --- --- --- --- --- --- --- Resolution No. 06-005 Page 8 of 8 Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 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 (5943 Klusman Avenue) is: 1 Parcel x 1 A.U. Factor x $17.77 Rate Per A.U. _ $17.77 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2005/06. 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 Type 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 (5943 Klusman Avenue) is: 1 Parcel x 1 A.U. Factor x $39.97 Rate Per A.U. _ $39.97 Annual Assessment