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Home My WebLink About08-149 - Resolutions RESOLUTION NO. 08-149 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 13254 BANYAN AVENUE 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 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 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 Resolution No 08-149 Page 2 of 9 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 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 Resolution No 08-149 Page 3 of 9 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are Rosario J Arellano & Natalia Arellano The legal description of the Property is Parcel No 1, Parcel Map 7689, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat Recorded in Book 79 of maps, pages 36 through 37 inclusive records of said county The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof Resolution No 08-149 Page 4 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2007/2008 LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA). Landscape Maintenance District No 7 (LMD #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 08-149 Page 5 of 9 Proposed additions to Work Program (Fiscal Year 2007/2008) For Project- 13254 Banyan Avenue 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 Assessment Units by District Parcel(s) DU or Acres S1 S7 L 7 1 DU 1 1 1 Resolution No 08-149 Page 6 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2007/2008 LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A U ) is $307 05 for the fiscal year 2007/08 The following table summarizes the assessment rate for Landscape Maintenance District No 7 (North Etiwanda) # of Assessment #of Rate Per Physical Units Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Parcel 2727 1 00 2727 $30705 $837,32535 Family Comm/Ind Acre 5 200 10 $30705 $3,07050 TOTAL $840,39585 The Proposed Annual Assessment against the Property (13254 Banyan Avenue) is 1 SFR x 1 A U Factor x $307 05 Rate Per A U = $307 05 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 $1777 $420,08280 Family Multi-Family Unit 11,154 1 00 11,154 $1777 $198,20658 Commercial Acre 298585 200 5971 70 $1777 $106,117 10 TOTAL $724,40648 Resolution No 08-149 Page 7 of 9 The Proposed Annual Assessment against the Property (13254 Banyan Avenue) is 1 SFR Acres x 1 A U Factor x $17 77 Rate Per A U = $17 77 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A U ) is $33 32 for the fiscal year 2007/08 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 3108 1 00 3108 $3332 $103,55856 Family Comm/Ind Acre 5 200 10 $3332 $33320 TOTAL $103,89176 The Proposed Annual Assessment against the Property (13254 Banyan Avenue) is 1 SFR Acre x 1 A U Factor x $33 32 Rate Per A U = $33 32 Annual Assessment Resolution No 08-149 Page 8 of 9 CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR 13254 BANYAN AVENUE LANDSCAPE MAINTENANCE DISTRICT NO. 7, STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 7 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA MAHDI ALUZRI, the undersigned, hereby certifies as follows That I am the ACTING CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA That on the 161h day of July, 2008, 1 reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file in the Office of the City Clerk That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District That said Consent and Waiver to Annexation meets the requirements of Section 22608 1 of the Streets and Highways Code of the State of California EXECUTED this 16th day of July, 2008, at Rancho Cucamonga, California I 1 D- 1 Cl ENGINEER CITY O RANCHO CUCAMONGA ST TE OF CALIFORNIA Please see the following page for formal adoption,certification and signatures Resolution No 08-149 Page 9 of 9 PASSED, APPROVED, AND ADOPTED this 16th day of July 2008 AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT- None ABSTAINED None Y onald J urth, , Mayor ATTEST: Kathryn L�cott, CMC, Acting City Clerk I, KATHRYN L. SCOTT, ACTING 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 16th day of July 2008 Executed this 17th day of July 2008, at Rancho Cucamonga, California Kathryn L Scott, CMC, Acting City Clerk