The URL can be used to link to this page

Home My WebLink About01-037 - Resolutions RESOLUTION NO. 01-037 • 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 NO. 1 FOR TRACT 14875 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 (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 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 Resolution No. 01-037 Page 2 of 6 • 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 mantenance 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 21st day of February, 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William . Alexander, Mayor • Resolution No. 01-037 • Page 3 of 6 ATTEST: L&.O— Debra J. Adam C, 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 21't day of February, 2001. Executed this 22nd day of February, 2001, at Rancho Cucamonga, California. Debra J. Adams C, City Clerk • • Resolution No. 01-037 Page 4 of 6 • Exhibit"A" Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: ARCHIBALD GARDEN VILLAS LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP [PRINT OR TYPE THE NAME OF THE OWNER OF THE PROPERTY IN THE SPACE PROVIDED ABOVE] The legal description of the Property is: PARCEL 1 OF PARCEL MAP NO. 4767 IN THE CITY OF RANCHO CUCAMONGA, AS PER PLAT RECORDED IN BOOK 47 OF PARCEL MAPS, PAGES 6 AND 7, RECORDS OF SAID COUNTY. • [TYPE OR PRINT THE LEGAL DESCRIPTION OF THE PROPERTY IN THE SPACE PROVIDED ABOVE. ALTERNATIVELY,A COPY OF THE LEGAL DESCRIPTION MAYBE ATTACHED TO THIS EXHIBIT A.J The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. [CREATE SHEET A-2: MAP OF TRACT WITH LMD AREAS HIGHLIGHTED] • Resolution No. 01-037 Page 5 of 6 • Exhibit`B" To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD #1) represents 33.93 acres of landscape area and 43.25 acres of parks 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 43.25 acres of parks consist of Bear Gulch Park which is 5 acres, 20 acres of East and West Beryl Park, 5 acres of Old Town Park, 6.5 acres of Church Street Park, the Rancho Cucamonga Senior Center which consists of 175 acres and the newest park, Golden Oaks Park located on 6'h Street,west of Archibald. 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. Proposed additions to Work Program(Fiscal Year 2001/2002) For Project: tract Map 14875 Number of Lamps Street Lights 5800L 9500L 16,000L 22,OOO1, 27,500L SLD#1 4& 1* 1 Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 1 26 *Existing items installed with original project Assessment Units by District Parcel DU or Acres Sl Ll 1 36 36 26 Annexation Date: January 3,2001 • Resolution No. 01-037 • Page 6 of 6 Exhibit"C" Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2000/01. 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 7269 1.0 7269 $92.21 $670.274.49 Family Multi- Unit 5952 0.5 2976 $92.21 $274,416.96 Family TOTAL $944,691.45 • The Proposed Annual Assessment against the Property(TR 14875)is: 36 dwelling units x 0.5 A.U. Factor x $92.21 Rate Per A.U. _ $1,659.78 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 Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property(TR 14875) is: 36 Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $639.72 Annual Assessment •