HomeMy WebLinkAbout08-087 - Resolutions RESOLUTION NO. 08-087
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 DRC2007-00491
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 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"Landscaping and Lighting
Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the preparation
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 that 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 ExhibitA 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
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 the 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 of levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
Resolution No. 08-087
Page 2 of 9
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 RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: The 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
Improvement.
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 adaption,certification and signatures
Resolution No. 08-087
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 7`h day of May 2008.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
� V —
onald J. Kurth, M`.'D., Mayor
ATTEST:
Kathryn L.Scott, 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 7`h day of May 2008.
Executed this 81h day of May 2008, at Rancho Cucamonga, California.
Katliryn LU Scott, CMC, Assistant City Clerk
Resolution No. 08-087
Page 4 of 9
Exhibit A
Consent And Waiver To Annexation
Of Certain Real Property To
Street Light Maintenance District No. 1
And Approval Of The Levy Of Assessments
On Such Real Property
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
RYAN CHANCE AND JENNIFER CHANCE
The legal description of the Property is:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOW:
THE NORTH 174 FEET OF PARCEL NO. 4 OF PARCEL MAP NO. 1843, IN THE CITY OF
RANCHO CUCAMONGA, COUNT Y OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
PLAT RECORDED IN BOOK 22 OF PARCEL MAPS, PAGE 44, RECORDS OF SAID COUNTY.
SAID 174 FEET BEING MEASURED ALONG THE WESTERLY LINE OF PARCEL NO. 4.
APN: 1062-121-26.
Resolution No. 08-087
Page 5 of 9
EXHIBIT"A"
- ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 1
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2
30' 1
S89.39'28'W 100.08
10' DRAINAGE I
NO-34-56-TV I EASEMENT
35.89' I 1 LOT 16
SIZ L \ TRACT NO. 6313 t
l 5' DRAINAGE �\
O EASEMENT ' \ M.B. 82/67-68 ,•.,
;° 5830 13wcKTrloeM � � " _ ,
(APN: I D62.121;2(b) O\
16.5' DRIVEWAY INGRESS
v N AND EGRESS EASEMENT Z\
ry 'm PER DOC. NO 2007-0183051 \
? RCORDED MCH 23, 2007 0 \
7i S89'39'28'W 139.09' °: LOT l7 0
N
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o
at i i lA
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I-�4END N �\
No TTEAAsADDED ,\
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Lar ra
TRACT No. 6313
11.40'
M.B. 82/67-68
'
N89'38'46'E 30'
I
R=2030' �=5'00'42" L=177.56'
o I
o n
-- - - - — - — -— -— -—-—- —- - -- - DRIVE
—- — - — - — - — - — - — - J
MANZANIT
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO DRc20c>7-oo491
A-2
Resolution No. 08-087
Page 6 of 9
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 STREET):
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. 08-087
Page 7 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2007/2008
Proposed additions to Work Program (Fiscal Year 2007/2008)
For Project: DRC2007-00491
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 - -
SLD # 2
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 1
'Existing items installed with original project
Resolution No. 08-087
Page 8 of 9
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 Physical # of Rate Per
Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 8154 1.0 8154 $92.21 $751,880.34
Family
Multi-Family Unit 7404 0.5 3702 $92.21 $341,361.42
Comm/Ind. Parcel 2 1.0 2 $92.21 $184.42
TOTAL $1,093,426.18
The Proposed Annual Assessment against the Property (DRC2007-00491) is:
1 A.U.F. x $92.21 Rate Per A.U. _ $92.21 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 (DRC2007-00491) is:
1 A.U.F x $17.77 Rate Per A.U. _ $17.77 Annual Assessment
Resolution No. 08-087
Page 9 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2007/2008
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREET):
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):
Physical # of # of Rate Per
Unit Type Physical Assessment Assessment Assessment
Land Use Units Units Factor Units Unit Revenue
Single Family Parcel 6050 1. 6050 $39.97 $241,818.50
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 (DRC2007-00491) is:
1 A.U.F. x $39.97 Rate Per A.U. _ $39.97 Annual Assessment