HomeMy WebLinkAbout09-007 - Resolutions RESOLUTION NO. 09-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING
THE ANNEXATION OF CERTAIN TERRITORY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 4 FOR PARCEL MAP 18797
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. 4, Street Lighting Maintenance
District No. 1 and Street Lighting Maintenance District No. 4 (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. 09-007
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. 09-007
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 7th day of January 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, .D., Mayor
ATTEST:
nice C. Reynolds, Cit Clerk
I, JANICE C. REYNOLDS, 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 7th day of January 2009.
Executed this 8th day of January 2009, at Rancho Cucamonga, California.
Qdz7"(- -'5�
nice C. Reynolds, City Clerk
Resolution No. 09-007
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Church Haven Company, LLC, a Delaware Limited Liability Company
The legal description of the Property is:
SEE ATTACHED EXHIBIT
The above-described parcels are shown on sheet A-2 attached herewith and by this
reference made a part hereof.
Resolution No. 09-007
Page 5 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2008 / 2009
LANDSCAPE MAINTENANCE DISTRICT NO. 4
Landscape Maintenance District No. 4 (LMD #4) represents landscape sites throughout
the Terra Vista Planned Community. These sites are considered to be 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 landscape sites in Terra Vista that are maintained by the district consist of
parkways, median islands, street trees, paseos and parks. The 36.23 acres of park
consist of Coyote Canyon Park, Milliken Park and West Greenway Park.
STREET LIGHT MAINTENANCE DISTRICT NO. 1
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. 4
Street Light Maintenance District No. 4 (SLD #4) is used to fund the maintenance and/or
installation of street lights and traffic signals located within the Terra Vista Planned
Community. Generally, this area encompasses the residential area of the City east of
Haven Avenue, south of Base Line Road, north of Foothill Boulevard and west of
Rochester Avenue. It has been determined that the facilities in this district benefit the
properties within 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 within the Terra Vista Planned Community.
Resolution No. 09-007
Page 6 of 9
Proposed additions to Work Program (Fiscal Year 2008 12009)
For Project: PARCEL MAP 18797
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 --- --- 2* --- ---
SLD # 4 --- --- 2* --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 4 --- --- 10
*Existing items installed with original project
Assessment Units by
District
Parcel DU or Acres S1 S4 L4
1 1.27 2.54 2.54 1.27
2 1.625 3.25 3.25 1.625
Resolution No. 09-007
Page 7 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2008 / 2009
LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY):
The rate per assessment unit (A.U.) will not be increased in fiscal year 2008/09. The following
table summarizes the assessment rate for Landscape Maintenance District No. 4 (Terra Vista
Planned Community):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 2653 1.0 2653 $252.50 $669,882.50
Family
Multi-Family Unit 3492 1.0 3492 $222.00 $775,224.00
Senior Unit 216 1.0 216 $148.36 $32,045.76
Housing
Commercial Acre 229 1.0 229 $382.99 $87,704.71
TOTAL $1,564,856.97
The Proposed Annual Assessment against the Property (PM18797) is:
Parcel 1 1.27 Acres x 1 A.U. Factor x 382.99 Rate Per A.U. _ $486.40 Annual Assessment
Parcel 2 1.625 Acres x 1 A.U. Factor x 382.99 Rate Per A.U. _ $622.36 Annual Assessment
Resolution No. 09-007
Page 8 of 9
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
The Proposed Annual Assessment against the Property (PM 18797) is:
Parcel 1 1.27 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $45.14 Annual Assessment
Parcel 2 1.625 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $57.75 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NOA (TERRA VISTA PLANNED COMMUNITY):
The rate per assessment unit (A.U.) is $28.96 for the fiscal year 2008/09. The following table
summarizes the assessment rate for Street Light Maintenance District No. 4 (Terra Vista
Planned Community):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 2653 1.00 2653 $28.96 $76,830.88
Family
Multi- Family Unit 6087 0.5 3043.5 $28.96 $88,139.76
Commercial Acre 229 2.00 458 $28.96 $13,263.68
TOTAL $178,234.32
The Proposed Annual Assessment against the Property (PM18797) is:
Parcel 1 1.27 Acres x 2 A.U. Factor x $28.96 Rate Per A.U. _ $73.56 Annual Assessment
Parcel 2 1.625 Acres x 2 A.U. Factor x $28.96 Rate Per A.U. _ $93.95 Annual Assessment
Resolution No. 09-007
Page 9 of 9
CERTIFICATE OF SUFFICIENCY
CONSENT AND WAIVER TO ANNEXATION
FOR PARCEL MAP 18797
LANDSCAPE MAINTENANCE DISTRICT NO. 4,
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NO. 4
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 7th day of January 2009, 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 7th day of January 2009, at Rancho Cucamonga, California.
Mark A. Steuer,
Director of Engineering Services/City Engineer
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA