HomeMy WebLinkAbout09-209 - Resolutions RESOLUTION NO. 09-209
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 9018 BASE
LINE ROAD (APN: 0202-23-135)
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, 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 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
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.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 09-209—Page 2 of 9
PASSED, APPROVED, AND ADOPTED this 215` day of October 2009.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
L. Definis Michael, Mayor Pro Tem
ATTEST:
J ice C. Reynolds, City Verk
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 2151 day of October 2009.
Executed this 22nd day of October 2009, at Rancho Cucamonga, California.
anice C. Reynolds, Cit�/Clerk
Resolution No. 09-209 — Page 3 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property are:
Javier T. Mendez & Margarita Mendez,
Husband & Wife
The legal description of the Property is:
CUC HD ASSN W 118 FT E 404 FT N 130 FT S 147 FT LOT 12 BLK 16 EX N 10 FT THEREOF
The above described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
A-1 9018 Base Line Road
Resolution No. 09-209— Page 4 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2009/2010
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY)
Landscape Maintenance District No. 1 (LMD #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.
B-1 9018 Base Line Road
Resolution No. 09-209 — Page 5 of 9
Proposed additions to Work Program (Fiscal Year 200912010)
For Project: 9018 Base Line Road
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1
SLID # 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 S2 L 1
1 DU 1 1 1
B-2 9018 Base Line Road
Resolution No. 09-209—Page 6 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2009 12010
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2009/2010. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General City):
# of Rate Per
# of Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 8212 1.0 8212 $92.21 $757,228.52
Family
Multi- Unit 7539 0.5 3769.5 $92.21 $347,585.59
Family
TOTAL $1,104,814.11
The Proposed Annual Assessment against the Property (9018 Base Line) is:
1 Parcels x 92.21 A.U. Factor $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 2009/2010. 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 22,901 1.00 22,901 $17.77 $406,950.77
Family
Multi-Family Unit 10,449 1.00 10,449 $17.77 $185,678.73
Commercial Acre 2,835 2.00 5,670 $17.77 $100,755.90
TOTAL $693,385.40
The Proposed Annual Assessment against the Property (9018 Base Line Road) is:
1 SFR x 1 A.U. Factor x $17.77 Rate Per A.U. = $17.77 Annual Assessment
C-1 9018 Base Line Road
Resolution No. 09-209—Page 7 of 9
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS):
The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2009/2010. The following table
summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
SingleParcel 6337 1.00 6337 $39.97 $253,289.89
Family
Multi Family Unit 1087 1.00 1087 $39.97 $43,447.39
Commercial Acre 34 2.00 68 $39.97 $2,717.96
Total $299,455.24
The Proposed Annual Assessment against the Property (9018 Base Line Road) is:
1 SFR x 1 A.U. Factor x $39.97 Rate Per A.U. _ $39.97 Annual Assessment
C-2 9018 Base Line Road
Resolution No. 09-209 — Page 8 of 9
CERTIFICATE OF SUFFICIENCY
CONSENT AND WAIVER TO ANNEXATION
FOR 9018 BASE LINE ROAD
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. STEUR, the undersigned, hereby certifies as follows:
That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA,
CALIFORNIA.
That on the 21" day of October, 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 21s' day of October 2009, at Rancho Cucamonga, California.
CITY ENGINEER
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
Resolution No. 09-209 —Page 9 of 9