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Home My WebLink About06-386 - Resolutions RESOLUTION NO. 06-386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 FOR DRC2005- 00743 (APN: 1061-791-13) 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 "1972 Act"), said special maintenance district known and designated as 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 1972 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 1972 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 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. 06-386 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 1972 Act and/or Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit A 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 B 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 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. 06-386 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 20th day of December 2006. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None onald J. Kurth, M.D., Mayor ATTEST: ebra J. A a 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 201h day of December 2006. Executed this 21st day of December 2006, at Rancho Cucamonga, California. ALX oj-4� Debra J. A s, CMC, City Clerk Resolution No. 06-386 Page 4 of 8 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Hamid R. Mansouri and Elizabeth K. Mansouri, husband and wife The legal description of the Property is: PARCEL NO. 1: LOT 21, TRACT NO. 10277, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 181 OF MAPS, PAGES 34 THROUGH 36, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL NO. 2: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, USE AND ENJOYMENT OVER AND THROUGH THE PRIVATE STREETS AND LOT "A" OF TRACT NO. 10277, AS PER PLAT RECORDED IN BOOK 181 OF MAPS, PAGES 34 TO 36, INCLUSIVE, RECORDS OF SAID COUNTY; AND OF TRACT NO. 10277-1, AS PER PLAT RECORDED IN BOOK 162 OF MAPS, PAGES 55 TO 56, RECORDS OF SAID COUNTY; AND TRACT NO. 10277-2, AS PER PLAT RECORDED IN BOOK 181 OF MAPS, PAGES 37 TO 39, INCLUSIVE, RECORDS OF SAID COUNTY; AS PROVIDED BY THE DECLARATION OF RESTRICTIONS RECORDED JANUARY 20, 1983, INSTRUMENT NO. 83-13556, OFFICIAL RECORDS AND ANY AMENDMENTS RECORDED THEREON ON SAID ABOVE TRACTS. AP N: 1061-791-13-0-000 The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 06-386 Page 5 of 8 EXHIBIT "A2" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 MONr n D Rrl D N CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA W E S Resolution No. 06-386 Page 6of8 Exhibit B To Description of the District Improvements Fiscal Year 2006/2007 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. 06-386 Page 7 of 8 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: DRC2005-00743 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,000L 27,500L SLID # 2 Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LIVID -- *Existing items installed with original project Assessment Units by District Parcel DU or Acres S2 1 DU 1 Resolution No. 06-386 Page 8of8 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2006/07. 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 6337 1.00 6337 $39.97 $253,289.89 Family Multi Family Unit 1087 1.00 1087 $39.97 $43,447.39 Commercial Acre 34 2.00 68 $39.97 $2,717.96 Total $299,455.24 The Proposed Annual Assessment against the Property (DRC2005-00743) is: 1 SFR x 1 A.U. Factor x $39.97 Rate Per A.U. _ $39.97 Annual Assessment