HomeMy WebLinkAbout02-086 - Resolutions RESOLUTION NO. 02-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14523
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 Street Lighting Maintenance
District No. 1 and Street Lighting Maintenance District No. 7 (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. 02-086
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 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. 02-086
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 20'" day of March 2002.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Wexander, Mayor
ATTEST:
ZIQJ�4az 4 )
Debra J. Ad s, 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 20th day of March 2002.
Executed this 21 s`day of March 2002, at Rancho Cucamonga, California.
bzzp Q 'd �
�Debra J. Adanls!CMC, City Clerk
Resolution No. 02-086
Page 4 of 8
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
MBK HOMES LTD
The legal description of the Property is:
See Attached Exhibits "A-4" and "B-4/7".
A— 1 TR 14523
Resolution No. 02-086
Page 5 of 8
EXHIBIT "A-4"
LEGAL DESCRIPTION
PARCEL 4
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29,
TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.B. & M., IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID WEST HALF; THENCE SOUTH 89°24'03"
EAST, ALONG THE NORTHERLY LINE OF SAID WEST HALF, 240.04 FEET TO THE EASTERLY LINE
OF THE WEST 240.00 FEET OF SAID NORTHWEST QUARTER; THENCE SOUTH 00°23'58" EAST,
ALONG SAID EASTERLY LINE, 821.12 FEET, TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID EAST LINE, SOUTH 89°24'03" EAST, 479.77 FEET; THENCE NORTH 00035'57" EAST,
7.00 FEET; THENCE SOUTH 89°24'03" EAST, 253.13 FEET; THENCE NORTH 87019'43" EAST, 70.11
FEET; THENCE SOUTH 8924'03" EAST, 276.17 FEET TO A POINT ON THE EASTERLY LINE OF
SAID WEST HALF; THENCE SOUTH 00°17'31" EAST, ALONG SAID EASTERLY LINE, 590.63 FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 89024'03" WEST, 193.62 FEET; THENCE NORTH
84055'03" WEST, 83.25 FEET; THENCE NORTH 88°22'15" WEST, 83.01 FEET; THENCE NORTH
89024"03" WEST, 189.03 FEET; THENCE SOUTH 0035'57" WEST, 10.00 FEET; THENCE NORTH
89024'03" WEST, 529.46 FEET TO A POINT ON SAID EASTERLY LINE OF THE WEST 240.00 FEET
OF SAID NORTHWEST QUARTER; THENCE NORTH 00°23'58"WEST ALONG SAID EASTERLY LINE,
582.71 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING APPROXIMATELY 14.48 ACRES.
THE ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT"B-4/7" ATTACHED HEREWITH AND BY
THIS REFERENCE MADE A PART HEREOF.
PREPARED IN THE OFFICES OF ALLARD ENGINEERING LAND gD�
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MARC WARE, PL 20 DA * Exp.S- 74
EXP. 06/30/04 s� Q
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A - 2
Resolution No. 02-086
EXHIBIT "B_4I7" Page 6 of 8
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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SCALE: 1"=300'
A -3
Resolution No. 02-086
Exhibit B Page 7 of 8
To
Description of the District Improvements
Fiscal Year 2001/2002
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.7 (NORTH ETIWANDA):
Street Light Maintenance District No.7(SLD#7)is used to fund the maintenance and/or installation
of street lights and traffic signals located on local streets in what is termed the North Etiwanda area
of the City. Generally this area encompasses the area of the City east of Day Creek Channel and
north of Highland Avenue within the incorporated area of the City. It has been determined that the
facilities in this 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 street within the North Etiwanda area.
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: Tract 14523
Number of Lamps
Street Lights 5800L 9500L 16,0001, 22,0001, 27,500L
SLD # 1 67* 22*
SLD #7 11*
SLD #7 +18
*Installed with Rancho Etiwanda backbone improvements
B — 1 TR 14523
Resolution No. 02-086
Page 8 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2001/2002
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2001/02. 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 i Ice I Jn it Tyne Units I Jnits Factor I Jn its Unit Revenue
Single Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38
Family
Multi- Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51
Family
Commercial Acre 2,245.47 2.00 4,490.94 $17.77 $79,804.00
TOTAL $532,174.89
The Proposed Annual Assessment against the Property(TR 14523) is:
25 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $422.25 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2001/02. The following table
summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land I Ise IJnit Tyne Units I Jn its Factor I Jn its Unit Revenue
Single Parcel 944 1.00 944 $33.32 $31,454.00
Family
Comm/Ind Acre 5 2.00 10 $33.32 $333.00
TOTAL $31,787.00
The Proposed Annual Assessment against the Property (TR 14523) is:
25 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. = $833.00 Annual Assessment
C- 1 TR 14523