HomeMy WebLinkAbout08-226 - Resolutions RESOLUTION NO. 08-226
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 DRC2006-00633
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, 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 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. 08-226
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 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
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 adoption,certification and signatures
Resolution No. 08-226
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 19" day of November 2008.
AYES: Gutierrez, Kurth, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
i
Donald J. Kurth, D., Mayor
ATTEST:
Ka h n L. Sobtt, 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 19th day of November 2008.
Executed this 201" day of November 2008, at Rancho Cucamonga, California.
(YA
Kath n L. Sc , CMC, Assistant City Clerk
Resolution No. 08-226
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Rancho Workforce Housing, L.P.
The legal description of the Property is:
THE EASTERLY 263 FEET OF THE SOUTH '/2 OF THE WEST '/2 OF THE
SOUTHEAST '/4 OF THE SOUTHEAST '/4 SECTION 2, TOWNSHIP 1 SOUTH, RANGE
7 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
ALONG WITH PARCELS 1 AND 2 OF PARCEL MAP NO. 377, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 5 OF PARCEL MAPS, PAGE 80, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM
FROM SAID PARCEL 2 THE FOLLOWING:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 1 OF. SAID PARCEL
MAP NO. 377; THENCE SOUTH 88' 26' 25 " EAST, A DISTANCE OF 200.01 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 12' 40" EAST, PARALLEL
WITH THE EAST LINE OF SAID PARCEL 1, A DISTANCE OF 300.22 FEET MORE
OR LESS TO THE SOUTH LINE OF SAID PARCEL 2 THENCE SOUTH 88" 29' 39"
EAST ALONG THE SOUTH LINE OF SAID PARCEL 2 A DISTANCE OF 229.17 FEET
MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE
NORTH 0° 10' 23" WEST ALONG THE EAST LINE OF SAID PARCEL 2 A DISTANCE
OF 300.00 FEET MORE OR LESS TO A POINT IN A LINE WHICH BEARS SOUTH 88°
26' 25" EAST FROM THE POINT OF COMMENCEMENT;
THENCE NORTH 88° 26' 25" WEST ALONG LAST SAID LINE, A DISTANCE OF
229.37 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
The above-described parcels are shown on exhibit "A-2" attached herewith and by this
reference made a part hereof.
Resolution No. 08-226
Page 5 of 9
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 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. 08-226
Page 6 of 9
Proposed additions to Work Program (Fiscal Year 2008 / 2009)
For Project: DRC2006-00633
Number of Lamps
Street Lights 5800L 9500L 16,0001L 22,0001L 27 500L
SLD # 1 --- --- 5 --- ---
SLD # 6 1 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 3B --- --- --- 19
*Existing items installed with original project
Assessment Units by
District
Parcel DU or Acres S1 S6 L 3B
Multi-Family 166 166 166 83
Resolution No. 08-226
Page 7 of 9
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 Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Family Parcel 8212 1.0 8212 $92.21 $757,228.52
Multi-Family Unit 7539 0.5 3769.5 $92.21 $347,585.59
TOTAL $1,104,814.11
The Proposed Annual Assessment against the Property (DRC2006-00633) is:
166 Multi-Family x 0.5 A.U. Factor $92.21 Rate Per A.U. = $7,653.43 Annual
Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2008/09. 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. 08-226
Page 8 of 9
The Proposed Annual Assessment against the Property (DRC2006-00633) is:
166 Multi-Family x 1.0 A.U. Factor x $17.77 Rate Per A.U. _ $2,949.82 Annual
Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2008/09. The following
table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local
Streets):
Physical # of # of Rate Per
Unit Physical Assessment Assessment Assessment
Land Use 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 (DRC2006-00633) is:
166 Multi-Family x 1.0 A.U. Factor x $39.97 Rate Per A.U. _ $6635.02 Annual
Assessment
Resolution No. 08-226
Page 9 of 9
CERTIFICATE OF SUFFICIENCY
CONSENT AND WAIVER TO ANNEXATION
FOR DRC2006-00633
LANDSCAPE MAINTENANCE DISTRICT NO.1
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
MARK A. STEUER, the undersigned, hereby certifies as follows:
That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA,
CALIFORNIA.
That on the 19th day of November 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 19th day of November 2008, at Rancho Cucamonga, California.
L;
uer,
Director of Engineering Services/City Engineer
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA