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HomeMy WebLinkAbout00-097 - Resolutions RESOLUTION NO. 00-097 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 8 FOR TRACT MAPS 15711-1 AND 15711-2 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. 8 (referred to collectively as the "Maintenance Districts"); and WHEREAS,the provisions of Article 2 of Chapter2 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 XI IID")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. 00-097 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 bythe levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territoryto 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 7t" day of June 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. AI nder, Mayor Resolution No. 00-097 Page 3 of 8 ATTEST: Debr J. Adams,69C, 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 7th day of June 2000. Executed this 8th day of June 2000, at Rancho Cucamonga, California. 44662 �on< Ddbra J. Ada , CMC, City Clerk Resolution No. 00-097 Page 4 of 8 Exhibit "A" Identification of the Owner and Description of the Property To be Annexed The Owner of the Property is: RC Homes, LLC, a California Limited Liability Company The legal description of the Property is: TRACT NO. 15711-1 Parcel No. 1: The south Y2 of Lot 1, Block"Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. Parcel No. 2: All that portion of the of the east Y2 of Section 4, Township 1 south, Range 6 west, San Bernardino base and meridian, in the City of Rancho Cucamonga, County of San Bernardino, State of California, according to the official plat thereof, lying east of the east line of the south 1/2 of Lot 1, Block "Y", Etiwanda Colony Lands, as per plat filed in Book 2 of Maps, Page 24, records of said County, and lying west of the west line of East Avenue, and lying north of the easterly prolongation of the south line of said south 1/2, and lying south of the easterly prolongation of the north line of said south 1/2. Excepting an undivided 1/2 of all oil, gas and minerals; and an undivided'/2 of all oil, gas and mineral rights upon and under the land herein described, as contained in the deed from Security First National Bank of Los Angeles to Walter T. Casey, a married man, recorded August 21, 1937, in Book 1219, Page 483, official records, but without the right of entry upon the surface of said property herein described, as quitclaimed by instruments recorded October 10, 1952, in Book 3035, Page 303, Official Records; and April 19, 1966, in Book 6610, Page 590, Official Records. Parcel No. 3: Lots 2 and 7, Block"Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. Excepting therefrom the west 16.5 feet of Lot 2. A-1 Resolution No. 00-097 Page 5 of 8 Exhibit A (continued) Parcel No. 4: Lots 5 and 6, Block"Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. Parcel No. 5: Lot 10, Block "Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. Excepting therefrom a Y2 interest of all oil and other minerals under and in said land,without right of surface entry, as reserved by Berenice W. Johnson, et al., by deed recorded January 9, 1979, in Book 9596, Page 288, official records. Parcel No. 6: That portion of the southwest 1/4 of Section 4, Township 1 south, Range 6 west, San Bernardino base and meridian, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County, more particularly described as follows: Bounded on the north by the south line of said Lot 10, on the east by the east line of said Lot 10 extended south to the south line of said 1/4 section; on the south by the south line of said 1/4 section; on the west by prolongation of the west line of said Lot 10 to the south line of said 1/4 section. Excepting therefrom a'/2 interest of all oil and other minerals under and in said land,without right of surface entry, as reserved by Berenice W. Johnson, et al., by deed recorded January 9, 1979, in Book 9596, Page 288, official records. TRACT NO. 15711-2 Lots 5, 6 and 7, Block "Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. The above-described parcels are shown on sheet A-3 attached herewith and by this reference made a part hereof. A-2 Resolution No. 00-097 Page 6 of 8 Exhibit A(Continued) �.- EA-,T AVE. N lu • ' cl t I < 1 a 1 5 1 i I' N tP 84 N tj , ti ' V 1 - - Enwaxaq G NORTH I"=400' CITY OF RANCHO CUCAMONGA ITEM: Tracts 15711-1 and 15711-2 ENGINEERING DIVISION A-3 TITLE: Annexation to SLD#1 and SLD#8 Resolution No. 00-097 Page 7 of 8 Exhibit "B" Description of the District Improvements Fiscal Year 2000/2001 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 streetlights 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. 8 (SOUTH ETIWANDA) Street Light Maintenance District No.8(SLD#8)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. 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 streets within the South Etiwanda area. Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tracts 15711-1 and 15711-2 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD #1 16 SLD #8 82 B-1 Resolution No. 00-097 Page 8 of 8 Exhibit "C" Proposed Annual Assessment Fiscal Year 2000/2001 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): Physical #of Physical Assessment #of Rate Per Land Use Unit Type Units Units Factor Assessment Assessment Revenue Units Unit Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Multi Family Parcel 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 TOTAL $483,560.00 The Proposed Annual Assessment against the Property is: $17.77 191 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $3,394.07 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): Land Use Physical #of Physical Assessment #of Rate Per Unit Type Units Units Factor Assessment Assessment Revenue Units Unit Single Family Parcel 81 1.00 81 $193.75 $15,694.00 The Proposed Annual Assessment against the Property is: $193.75 191 Parcels x 1 A.U. Factor x $193.75 Rate Per A.U. _ $37,006.25 Annual Assessment C-1