HomeMy WebLinkAbout08-211 - Resolutions RESOLUTION NO. 08-211
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 FOR 8770 VINMAR AVENUE
(APN: 0207-242-18)
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, (referred to as the "Maintenance District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the 1972 Act authorize the
annexation of additional territory to the Maintenance District; 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 District 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 District and have expressly consented to the
annexation of the Territory to the Maintenance District; 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
Resolution No. 08-211
Page 2 of 7
WHEREAS, at this time the City Council desires to order the annexation of the
Territory to the Maintenance District 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 District, 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 District, including levy
of all assessments, shall be applicable to the Territory.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 08-211
Page 3 of 7
PASSED, APPROVED, AND ADOPTED this 51" day of November 2008.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
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onald J. Kurth; ., Mayor
ATTEST:
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KathryL. ott, 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 5t" day of November 2008.
Executed this 6`" day of November 2008, at Rancho Cucamonga, California.
Kath n L. 87cott, ONIC, Acting City Clerk
Resolution No. 08-211
Page 4of7
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property are:
Victor H. Martinez and Araceli Martinez, husband and wife as joint tenants
The legal description of the Property is:
THE NORTH '/3 OF LOT 37 OF EUREKA GARDENS, TRACT NO. 1829 AS PER PLAT
RECORDED IN BOOK 28 OF MAPS, PAGE 20, RECORDS OF SAID COUNTY.
APN: 0207-242-18-0-0000
ALSO KNOWN AS 8770 VINMAR AVENUE
Resolution No. 08-211
Page 5 of 7
Exhibit B
To
Description of the District Improvements
Fiscal Year 2008/2009
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 that 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.
Resolution No. 08-211
Page 6 of 7
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2008/2009)
For Project: 8770 VINMAR AVENUE
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) DU or Acres S1 S2 L 1
1 DU 1 1 1
Resolution No. 08-211
Page 7 of 7
Exhibit C
Proposed Annual Assessment
Fiscal Year 2008/2009
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2008/09. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General City):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Family Parcel 8154 1.0 8154 $92.21 $751,880.34
Multi-Family Parcel 7404 0.5 3702 $92.21 $341,361.42
Commercial Parcel 2 1.0 2 $92.21 $184.42
TOTAL $1,093,426.18
The Proposed Annual Assessment against the Property (8770 VINMAR AVENUE) is:
1 SFR x 1 A.U. Factor x $92.21 Rate Per A.U. _ $92.21 Annual Assessment