HomeMy WebLinkAbout07-189 - Resolutions RESOLUTION NO. 07-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 8 FOR PARCEL MAP
16767
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
Landscape Maintenance District No. 9, Street Lighting Maintenance District No. 1 and Street
Lighting Maintenance District No. 8 (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. 07-189
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 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. 07-189
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 1"day of August 2007.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
Diane Williams, Mayor Pro Tem
ATTEST:
a J. Ad s, MC, 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 15' day of August 2007.
Executed this 2nd day of August 2007, at Rancho Cucamonga, California.
Lt�'Debra J. Ada s MC, City Clerk
Resolution No. 07-189
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property are:
Caroline Lee
The legal description of the Property is:
PARCEL MAP 16767:
PARCELS 1 THROUGH 10 OF PARCEL MAP NO. 16767, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
APN: 0227-221-03, 07, 22, 23 AND 24
The above described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 07-189
Page 5 of 9
4eXH/48/7
- ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 9
STREET LIGHTING MAINTENANCE DISTRICT NOS. l AND 8
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A
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERN APnINO RM 16767
Resolution No. 07-189
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA):
Landscape Maintenance District No. 9 (LIVID #9) represents landscape sites throughout the
Lower Etiwanda 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 and street
trees.
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. 8 (SOUTH ETIWANDA):
Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or
installation of street lights and traffic signals located on local streets in what is termed the South
Etiwanda area of the City. Generally, this area encompasses the area of the City east of
Etiwanda Avenue, north of Foothill Boulevard and south 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 South Etiwanda area.
Resolution No. 07-189
Page 7 of 9
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2007/2008)
For Project: PARCEL MAP 16767
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 3 3
SLD # 8
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # 9 11
*Existing items installed with original project
Assessment Units by District
Parcel(s) Acre S1 S8 L 9
1 1.0 2.0 2.0 1.0
2 0.37 0.74 0.74 0.37
3 0.92 1.84 1.84 0.92
4 0.89 1.78 1.78 0.89
5 0.92 1.84 1.84 0.92
6 0.61 1.22 1.22 0.61
7 0.44 0.88 0.88 0.44
8 0.60 1.20 1.20 0.60
9 0.54 1.08 1.08 0.54
10 0.61 1.22 1.22 0.61
Resolution No. 07-189
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA):
The rate per assessment unit (A.U.) is $375.91 for the fiscal year 2007/08. The following table
summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 881 1.0 881 $387.94 $341,775.14
Family
Multi- Unit 1057 1.0 1057 $375.91 $397,336.87
Family
Comm/Ind Acre 1 1.0 1 $375.91 $375.91
TOTAL $739,487.92
The Proposed Annual Assessment against the Property (PARCEL MAP 16767) is:
Parcel 1 1.00 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. _ $375.91 Annual Assessment
Parcel 2 0.37 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. _ $139.09 Annual Assessment
Parcel 3 0.92 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. _ $345.84 Annual Assessment
Parcel 4 0.89 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. _ $334.56 Annual Assessment
Parcel 5 0.92 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. _ $345.84 Annual Assessment
Parcel 6 0.61 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. _ $210.96 Annual Assessment
Parcel 7 0.44 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. _ $165.40 Annual Assessment
Parcel 8 0.60 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. =$225.55 Annual Assessment
Parcel 9 0.54 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. _ $202.99 Annual Assessment
Parcel 10 0.61 Acre x 1.0 A.U. Factor x $375.91 Rate Per A.U. _ $229.31 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2007/08. 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 23,640 1.00 23,640 $17.77 $420,082.80
Family
Multi-Family Unit 11,154 1.00 11,154 $17.77 $198,206.58
Commercial Acre 2985.85 2.00 5971.70 $17.77 $106,117.10
TOTAL $724,406.48
Resolution No. 07-189
Page 9 of 9
Exhibit "C" continued
The Proposed Annual Assessment against the Property (PARCEL MAP 16767) is:
Parcel 1 1.00 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $35.54 Annual Assessment
Parcel 2 0.37 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $13.14 Annual Assessment
Parcel 3 0.92 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $32.70 Annual Assessment
Parcel 4 0.89 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $31.63 Annual Assessment
Parcel 5 0.92 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $32.70 Annual Assessment
Parcel 6 0.61 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $21.68 Annual Assessment
Parcel 7 0.44 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $15.64 Annual Assessment
Parcel 8 0.60 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $21.32 Annual Assessment
Parcel 9 0.54 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $19.19 Annual Assessment
Parcel 10 0.61 Acre x 2.0 A.U. Factor x $17.77 Rate Per A.U. _ $21.68 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA):
The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2007/08. The following table
summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 996 1.00 996 $193.75 $192,975.00
Family
Multi Family Unit 1057 1.00 1057 $193.75 $204,793.75
Commercial Acre 11.42 2 22.84 $193.75 $4,425.25
TOTAL $402,194.00
The Proposed Annual Assessment against the Property (PARCEL MAP 16767) is:
Parcel 1 1.00 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $387.50 Annual Assessment
Parcel 2 0.37 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $143.38 Annual Assessment
Parcel 3 0 92 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $356.50 Annual Assessment
Parcel 4 0.89 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $344.88 Annual Assessment
Parcel 5 0.92 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $356.50 Annual Assessment
Parcel 6 0.61 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $236.38 Annual Assessment
Parcel 7 0.44 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $170.50 Annual Assessment
Parcel 8 0.60 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $232.50 Annual Assessment
Parcel 9 0.54 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $209.25 Annual Assessment
Parcel 10 0.61 Acre x 2.0 A.U. Factor x $193.75 Rate Per A.U. _ $236.38 Annual Assessment