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Home My WebLink About10-075 - Resolutions RESOLUTION NO. 10-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN PROPERTY TO LANDSCAPE MAINTENANCE DISTRICT NO. 8 AND STREET LIGHT MAINTENANCE DISTRICT NO. 8 LOCATED ON EAST AVENUE AND SOUTHEAST OF FISHER DRIVE (APN 0227-071-17) WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"), said special maintenance district known and designated as Landscape Maintenance District No 8 and Street Light Maintenance District No 8 (South Etiwanda) (the "Districts") and, WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the Districts, and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and 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 Act related to the annexation of territory to the Districts, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Districts on the property proposed to be annexed to such Districts, and WHEREAS, the owners of certain property described in Exhibit A attached hereto (the Property"), and incorporated herein by this reference, have requested that such property be annexed to the 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 Property 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 Property have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Property to the Districts and have expressly consented to the annexation of the Property to the Districts, and WHEREAS, by such Consent and Waiver, all of the owners of the Property have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Property 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 to levy such proposed annual assessment set forth in Exhibit C attached hereto, and WHEREAS, by such Consent and Waiver, all of the owners of the Property have also expressly agreed for themselves, their heirs, successors and assigns that (1) The proportionate special benefit derived by each parcel in the Property from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements, (2) The proposed annual assessments do not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Property (3) Only the special benefits derived or to be derived by each parcel in the Property from the Improvements have been included in the proposed annual assessment WHEREAS, at this time the City Council desires to order the annexation of the Property to the Districts and to authorize the levy of annual assessments against the Property 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 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 Property 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 Property 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 Property by the levy of the proposed annual assessments SECTION 3 This legislative body hereby orders the annexation of the Property to the Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Property and approves and orders the levy of annual assessments against the Property in amounts not to exceed the amounts set forth in Exhibit C SECTION 4 All future proceedings of the District, including the levy of all assessments, shall be applicable to the Property Please see the following page for formal adoption,certification and signatures Resolution No 10-075 - Page 2 of 8 PASSED, APPROVED, AND ADOPTED this 2nd day of June 2010 AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J Kurth, M D , Mayor ATTEST: Pnice'C Reynolds, City 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 2nd day of June 2010 Executed this 3`d day of June 2010, at Rancho Cucamonga, California ?anidce C Reynolds, City Clerk Resolution No 10-075 - Page 3 of 8 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is BISHOP PROTESTANT EPISCOPAL CHURCH The legal description of the Property is THE WEST '/2 OF LOT 4, BLOCK "G", ACCORDING TO PRELIMINARY MAP OF ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE 24, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY Assessor's Parcel Number of the Property APN 0227-071-17-0000 Resolution No 10-075 - Page 4 of 8 Exhibit B Description of the District Improvements Fiscal Year 2010/2011 Landscape Maintenance District No 8 (South Etiwanda) Landscape Maintenance District No 8 (South Etiwanda) (the "Maintenance District') represents landscape sites throughout the Etiwanda South Area The various sites maintained by the district consist of parkways, median islands, paseos, street trees and community trails Proposed additions to the Improvements for Project None Street Light Maintenance District No 8 (South Etiwanda) Street Light Maintenance District No 8 (South Etiwanda) (the "Maintenance District') is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City Generally, this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated 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 South Etiwanda area Proposed additions to the Improvements for Project None Resolution No 10-075 - Page 5 of 8 Exhibit C Proposed Annual Assessment Fiscal Year 2010/2011 Landscape Maintenance District No 8 (South Etiwanda) The following table summarizes the assessment rate for Landscape Maintenance District No 8 (South Etiwanda) for EDU Rate per Land Use Basis Factor* EDU* Single Family Parcel 1 00 $151 45 Multi-Family Parcel 100 $15145 Commercial/ Industrial Acre 200 $151 45 Vacant Acre 025 $151 45 *EDU means Equivalent Dwelling Unit The proposed annual assessment for the property described in Exhibit A is as follows 1 Parcels x 1 EDU Factor x $151 45 Rate Per EDU = $ 151 45 Annual Assessment Assessor Parcel Number 0227-071-17-0000 has a San Bernardino County use code of Single Family Residential However, this parcel includes both a single family residence in addition to a church Due to the location of the improvements, in relation to the size and configuration of the property resulting in a reduced benefit, this parcel is being assigned an EDU value of 1 00 *There is no Consumer Price Index (CPI) inflator approved for this District's assessment Resolution No 10-075 - Page 6 of 8 Street Light Maintenance District No 8 (South Etiwanda) The following table summarizes the assessment rate for Street Light Maintenance District No 8 (South Etiwanda) for EDU Rate per Land Use Basis Factor* EDU* Single Family Unit 1 00 $61 19 Multi-Family Unit 100 $61 19 Commercial/ Industrial Acre 200 $12238 Vacant Acre 200 $12238 *EDU means Equivalent Dwelling Unit The proposed annual assessment for the property described in Exhibit A is as follows Commercial/Industrial APN 0227-071-17, 5 Acres x 2 00 EDU = 10 EDU 1 Parcels x 10 EDU Factor x $12238 Rate Per EDU = $1,22380 Annual Assessment Assessor Parcel Number 0227-071-17-0000 has a San Bernardino County use code of Commercial/Industrial However, this parcel includes both a single family residence in addition to a church Due to the location of the street light improvements and the direct benefit received by these improvements the property is being assigned an EDU value of 10 00 *There is no Consumer Price Index (CPI) inflator approved for this District's assessment Resolution No 10-075 - Page 7 of 8 EXHIBIT"A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 8 STREET LIGHT MAINTENANCE DISTRICT NO. 8 MUELLER CT FISHER DR r APN WHITESTONE PL 0227-071-17 a a z z 0 0 St. Clare g of c� PEAR CT Assisi Church w z JI I - j a CATALPA ST Q a z 0 0 0° SMOKESTONE ST HIGHSTONE MANOR CT CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO 6563 East Avenue RANCHO STATE OF CALIFORNIA Apn 0227-071-17 C;UCAMONGA Resolution No 10-075—Page 8 of 8