HomeMy WebLinkAbout07-211 - Resolutions RESOLUTION NO. 07-211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2007-00159
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. 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 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. 07-211
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. 07-211
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 5th day of September 2007.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, M.D., Mayor
ATTEST:
� o
Kathr n L. S ott, CMC, Assistant City Clerk
I, KATHRYN L. SCOTT, ASSISTANT 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 5`h day of September 2007.
Executed this 6'h day of September 2007, at Rancho Cucamonga, California.
Kath n L. Cott, MC, Assistant City Clerk
Resolution No. 07-211
Page 4 of 8
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property are:
Robert Bathish
The legal description of the Property is:
CUC HD ASSN BEG AT PT WHICH IS TH SW COR OF ALTA LOMA TOWNSITE TH S 100 FT
TH E 140 FTTH S 50 FT TH E 185.93 FT TH N 150 FT TH WTO PT BEG
Resolution No. 07-211
Page 5 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
Landscape Maintenance District No. 1 (LIVID #1) represents 23.63 acres of landscape area,
41.88 acres of parks and 16.66 acres of community trails which are located at various sites
throughout the City. These sites are not considered to be associated with any one particular
area within the City, but rather benefit the entire City on a broader scale. As such, the parcels
within this district do not represent a distinct district area as do the City's remaining LMD's.
Typically parcels within this district have been annexed upon development
The various sites maintained by the district consist of parkways, median islands, paseos, street
trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear
Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park
and the Rancho Cucamonga Senior Center.
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. 07-211
Page 6 of 8
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2007/2008)
For Project: DRC2007-00159
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1
SLID # 2
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # 1
*Existing items installed with original project
Assessment Units by District
Parcel(s) Acres S1 S2 L 1
0.93 1.86 1.86 1.86
Resolution No. 07-211
Page 7 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2007/08. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General City):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 8212 1.0 8212 $92.21 $757,228.52
Family
Multi- Unit 7539 0.5 3769.5 $92.21 $347,585.59
Family
Comm/Ind. Acre 2 2.0 4 $92.21 $368.84
TOTAL $1,105,182.95
The Proposed Annual Assessment against the Property (DRC2007-00159) is:
0.93 Acre x 2 A.U. Factor x $92.21 Rate Per A.U. _ $171.51 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
The Proposed Annual Assessment against the Property (DRC2007-00159) is:
0.93 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. _ $33.05 Annual Assessment
Resolution No. 07-211
Page 8 of 8
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS):
The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2007/08. 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 6396 1.00 6396 $39.97 $255,648.12
Family
Multi Family Unit 1298 1.00 1298 $39.97 $51,881.06
Commercial Acre 34 2.00 68 $39.97 $2,717.96
Total $310,247.14
The Proposed Annual Assessment against the Property (DRC2007-00159) is:
0 93 Acre x 2 A.U. Factor x $39.97 Rate Per A.U. _ $74.34 Annual Assessment