HomeMy WebLinkAbout06-152 - Resolutions RESOLUTION NO. 06-152
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 TRACT 16226
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. 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 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. 06-152
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 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. 06-152
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 17th day of May 2006.
AYES: Alexander, Gutierrez, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
c
Gam` I
William J. Alexa er, Mayor
ATTEST:
Kathryn L. Skoft, CMC, Deputy City Clerk
I, KATHRYN L. SCOTT, DEPUTY 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 17th day of May 2006.
Executed this 18th day of May 2006, at Rancho Cucamonga, California.
J, 64� Y. dv�
Kath
n L. S tt, CMC, Deputy City Clerk
Resolution No. 06-152
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owners of the Property are:
Rancho Estates at Etiwanda/AF 37, LLC
The legal description of the Property is:
Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California,
described as follows:
PARCEL 3 OF PARCEL MAP NO. 15699, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN
BOOK 210 OF PARCEL MAPS, PAGES 53 THROUGH 56, INCLUSIVE, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
APN: 0225-071-37 and 0225-071-48 and 0225-071-50
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
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PREviDus ANNEXAT04 I'Y\iS NORTH P=6001 m o
CITY OF � ITEM: Tracts 16227-1, 16227 0
RANCHO CUCAMONGA EXlST7fJl- L.M.b. ENbS --h N
TITLE:Rancho Etiwanda Estates
ENGINEERING DIVISION EXHIBIT:A-2
Resolution No. 06-152
Page 6 of 9
Exhibit B
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. 06-152
Page 7 of 9
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2005/2006)
For Project: TR 16226
No additions beyond Rancho Etiwanda Estates Infrastructure
Assessment Units by District
Parcel DU/Acres S1 S7 L 7
70 DU 70 70 70
Resolution No. 06-152
Page 8of9
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 16226) is:
70 Parcels x 1 A.U. Factor x $307.05 Rate Per A.U. _ $21,493.50 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 (Tract 16226) is:
70 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $1,243.90 Annual Assessment
Resolution No. 06-152
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
Land Use Unit Type Units 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 16226) is:
70 Parcels x 1 A.U. Factor x $33.32 Rate Per A.U. _ $2,332.40 Annual Assessment