HomeMy WebLinkAbout01-024 - Resolutions RESOLUTION NO. 01-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16081
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. 2 and Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 3 (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
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 C 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
Resolution No. 01-024
Page 2 of 8
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 relationshp 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.
PASSED, APPROVED, AND ADOPTED this 7th day of February 2001.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Alexan r, Mayor
Resolution No. 01-024
Page 3 of 8
ATTEST:
Debra J. Ada CMC, City Clerk
I, DEBRA J. ADAMS, 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 7`h day of February 2001.
Executed this 8'"day of February, at Rancho Cucamonga, California.
6 7
Debra J. Adam MC, City Clerk
Resolution No. 01-024
Page 4 of 8
Exhibit"A"
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
TRIMARK PACIFIC HOMES, L.P.
The legal description of the Property is:
THOSE PORTIONS OF LOTS 9 AND 10 OF ORANGE EMPIRE ACRES, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY,
LYING WESTERLY OF THE WEST LINE OF THE EAST '/1 OF THE SOUTHWEST V4 OF
SECTION 32, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, AS
SHOWN ON THE RECORD OF SURVEY RECORDED IN BOOK 47, PAGES 68 THROUGH
75, INCLUSIVE, RECORDS OF SURVEY, RECORDS OF THE COUNTY RECORDER OF
SAID COUNTY AND LYING EASTERLY OF A LINE THAT IS PARALLEL WITHAND 175.00
FEET WESTERLY OF SAID WEST LINE, AS SHOWN IN THAT CERTAIN CERTIFICATE OF
COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED AUGUST 18, 1983, INSTRUMENT
NO. 83-190179, OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO THE CITY OF
RANCHO CUCAMONGA, A MUNICIPAL CORPORATION, BY GRANT DEED RECORDED
JANUARY 22, 1998, AS INSTRUMENT NO. 19980021534, OFFICIAL RECORDS.
The above described parcels are shown on sheet A-2 attached herewith and by this
reference made a part hereof.
Resolution No. 01-024
Page 5 of 8
Exhibit "B"
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY)
Landscape Maintenance District No. 2 (LMD #2) represents landscape sites throughout the
Victoria Planned Community. These sites are associated with areas within Victoria and ad such
any benefit derived from the landscape installation can be directly attributed to those parcels
within that community. Because of this, assessments required for this district are charged to
those parcels within that planned community.
The sites maintained by the district consist of parkways, median islands, street trees, paseos,
community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park,
Victoria Groves Park, Vintage Park, Windrows Park and Ellena Park.
STREET LIGHT MAINENANCE 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. 3 (VICTORIA PLANNED COMMUNITY)
Street Light Maintenance District No. 3 (SLD #3) is used to fund the maintenance and/or
installation of street lights and traffic signals located within the Victoria Planned Community.
Generally this area encompasses the area of the City east of Deer Creek Channel, south of
Highland Avenue, north of Base Line Road, and west of Etiwanda Avenue. It has been
determined that the facilities in the district benefit the properties within this 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 Victoria Planned Community.
Resolution No. 01-024
Page 6 of 8
EXHIBIT "B-2"
WORK PROGRAM
PROJECT: TRACT NO. 16081
STREET LIGHTS:
NUMBER OF LAMPS
Dist. 5800L 9500L 16,000L 22,000E 27,500L
S1 9 -
S3 41 --- --- ---
LANDSCAPING:
Community
Equestrian
Trail Turf Non-Turf Trees
Dist. D.G.S.F. S.F. S.F. Ea.
L2 - 45,420 30,000 265
Existing items installed with original project.
ASSESSMENT UNITS:
Assessment Units
By District
Parcel Acres S1 S3 L2
101 --- 42 42 42
Annexation Date: February 7, 2001
Form Date 11/16/94
Resolution No. 01-024
Page 7 of 8
Exhibit"C"
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY)
The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned
Community):
#of Assessment #of Rate Per
Physical Units Assessment Assessment
Land Use Type Units Factor Units Unit Revenue
Single Parcel 4071 1.00 4071 $422.00 $1,717,960.0
Family 0
Multi- Unit 388 1.00 388 $422.00 $163,740.00
Family
Comm/Ind. Acre 24,676 2.00 49.352 $422.00 $20,830.00
Vacant Acre 405.13 0.25 101.2825 $422.00 $42,740.00
TOTAL $192,270.00
The Proposed Annual Assessment against the Property (Tract 16081) is:
101 parcels x 1 A.U. Factor x $422.00 Rate Per A.U. = $42,622 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS)
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
#of Rate Per
Physical #of Assessmen Assessmen Assessment
Land Use Unit Type Physical t t Unit Revenue
Single Parcel 16, 0 1.00
Units 16LOPO0 $17.77 $301,310.0
Family 0 0 0
Famil Parcel 6,257.00 1.00 6,257.00 $17,77 $111,0190.0
Y
Commercia Acre 1999.52 2.00 1999.52 $17.77 $71,060.00
I
Total $483,560.0
0
The Proposed Annual Assessment against the Property is: $17.77
101 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $1,794.77 Annual Assessment
Resolution No. 01-024
Page 8 of 8
Exhibit"C" (Continued)
STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY)
The rate per assessment unit (A.U.) is $47.15 for the fiscal year2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned
Community):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Units Unit Revenue
Single Parcel 4,071.00 1.00 4,071.00 $47.15 $191,948.0
Family 0
Famil Y Unit 388.00 1.00 388.00 $47.15 $18,2094.00
Commercia Acre 78.79 2.00 157.58 $47.15 $7,430.00
I
Total $217,672.0
0
The Proposed Annual Assessment against the Property (TR 16081) is:
101 Parcels x 1 A.U. Factor x $47.15 Rate Per A.U. _ $4,762.15 Annual Assessment