HomeMy WebLinkAbout04-288 - ResolutionsRESOLUTION NO.04-288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 7 FOR PARCEL MAP
16180
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 (the 72 Act"), said Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the
annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the
preparation of 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 owner of
property within the territory to be annexed; and
WHEREAS, notwithstanding the such provisions of the 72 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 72 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 72 Act
and/or Article XIIID applicable to the authorization to 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 to levy
such proposed annual assessment set forth in Exhibit C attached hereto; and
Resolution No. 04-288
Page 2 of 9
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 B hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are all true and correct.
SECTION 2: This 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 Improvements.
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 levy
of all assessments, shall be applicable to the Territory.
Please see the following page for
Formal adoption, certification and signatures
Resolution No. 04-288
Page 3of9
PASSED, APPROVED, AND ADOPTED this 15th day of September 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
r�? -.
Debra J. AdWs, 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 15th day of September 2004.
Executed this 16th day of September 2004, at Rancho Cucamonga, California.
ebra J. Adgms, CIVIC, City Clerk
Resolution No. 04-288
Page 4 of 9
Exhibit A
To
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
WILLIAM R. AND DONA C. BARNES
The legal description of the Properties are:
THAT PORTION OF LOT 2 OF BLOCK "D OF THE ETIWANDA COLONY LANDS, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF
SAID COUNTY AS SAID ETIWANDA COLONY LANDS ARE MORE PARTICULARLY
DEFINED, LOCATED AND MONUMENTED ON THAT CERTAIN RECORD OF SURVEY
PREPARED BY L.D. KING, INC., DATED JULY, 1995, SHOWING THE EAST HALF OF
BLOCK "D" OF THE ETIWANDA COLONY LANDS AND RECORDED ON THE SAME DATE
AND CONCURRENTLY WITH THIS JUDGMENT, DESCRIBED AS FOLLOWS:
THE WEST HALF OF SAID LOT 2, EXCEPTING THEREFROM THE NORTH 324.00 FEET OF
THE EAST 168.00 FEET.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE WEST HALF OF SAID LOT 2
LYING NORTHERLY OF THE CENTERLINE OF AN EASEMENT FOR PUBLIC STREET AND
PUBLIC UTILITY PURPOSES RECORDED JULY 24, 1990 AS INSTRUMENT NO. 90-291643,
OFFICIAL RECORDS
SAID LAND IS PURSUANT TO CERTIFICATE OF COMPLIANCE NO. 403, DATED APRIL 29,
1997 RECORDED MAY 5, 1997 AS INSTRUMENT NO. 1997-159038, OFFICIAL RECORDS.
The above described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 04-288
Page 5 of 9
EXHIBIT "A"-g
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 7
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 7
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
Resolution No. 04-288
Page 6 of 9
MiTlPT111111�
To
Description of the District Improvements
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA)
Landscape Maintenance District No. 7 (LIVID #7) represents landscape sites throughout the
Etiwanda North Area. These sites are associated with areas within that district and as such any
benefit derived from the landscape installation can be directly attributed to those parcels within
that district. Because of this, assessments required for this district are charged to those parcels
within that district.
The various sites maintained by the district consist of parkways, median islands, paseos, street
trees, community trails and Etiwanda Creek Park.
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 streets within the North Etiwanda area.
Resolution No. O4-2O8
Page 7Of9
Proposed additions toWork Program (Fiscal Year 200412005)
For Project: PK81818O
Number OfLam
Street
8LMD#1 1 -- --
SLMO#7 3 -- --
220OOL 27500L
Community Trail Turf Non -Turf Trees
Landscaping DGSF SF SF EA
LK4D#7 1680 -- -- 19
°EXSUOg U8mS iOSt8USd with original project
Assessment Units by District
Parcel [}.U. S 1 G7 L7
4 4 4 4 4
Resolution No. 04-288
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2004/05. The following table
summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda):
# of Physical Assessment # of Rate Per
Units Units Factor Assessment Assessment
Land Use Type Units Unit Revenue
Single Parcel 1572 1.00 1572 $307.05 $482,682.60
Family
Comm/Ind. Acre 5 2.00 10 $307.05 $3,070.50
TOTAL $485,753.10
The Proposed Annual Assessment against the Property (PM 16180) is:
4 Units x 1 A.U. Factor x $307.05 Rate Per A.U. = $12,282.00 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2004/05. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
Land Use
Physical
Unit Type
# of
Physical
Units
Assessment
Units Factor
# of
Assessment
Units
Rate Per
Assessment
Unit
Revenue
Single
Parcel
21,151
1.00
21,151
$17.77
$375,853.27
Family
Multi -Family
Unit
8,540
1.00
8,540
$17.77
$151,755.80
Commercial
Acre
2,380.36
2.00
4,760.72
$17.77
$84,597.99
TOTAL $612,207.06
The Proposed Annual Assessment against the Property (PM 16180) is:
4 Units x 1 A.U. Factor x $17.77 Rate Per A.U. = $71.08 Annual Assessment
Resolution No. 04-288
Page 9of9
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2004/05. 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 Use
Unit Type
Units
Units Factor
Units
Unit Revenue
Single
Parcel
1804
1.00
1804
$33.32 $60,109.28
Family
Comm/Ind
Acre
5
2.00
10
$33.32 $333.20
TOTAL $60,442.48
The Proposed Annual Assessment against the Property (PM 16180) is:
4 Units x 1 A.U. Factor x $33.32 Rate Per A.U. = $133.28 Annual Assessment