HomeMy WebLinkAbout03-318 - Resolutions RESOLUTION NO. 03-318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 16335
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. 9, 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 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 W aiverTo 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
Resolution No. 03-318
Page 2 of 9
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
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 followingpage
9
/or formal adoption,certification and signatures
Resolution No. 03-318
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 3rd day of December 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Al ander, Mayor
ATTEST:
De ra J. Ad , CMC, City Clerk
I, DEBRAJ.ADAMS,CITY CLERKof the Cityof 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,ata Regular Meeting of said City Council held
on the 3`d day of December 2003.
Executed this 4`h day of December 2003, at Rancho Cucamonga, California.
Debra J. Adam&,ICMC, City Clerk
Resolution No. 03-318
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
APHRCK, LLC, A DELAWARE LIMITED LIABILITY COMPANY
The legal description of the Property is:
Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California,
described as follows:
Tentative Tract Map No. 16335 being a subdivision of the following described property:
Parcel No. 1:
Lot 12, Block "L", Preliminary Map of 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.
Except that portion conveyed to the State of California by deed recorded August 17, 1973, in Book
8249, page 240, Official Records.
Parcel No. 2:
That portion of Lot 11, per Preliminary Map of Etiwanda Colony Lands, in the City of Rancho
Cucamonga, County of San Bernardino, State of California, as per plat recorded in book 2 of the
maps, page(s) 24, records of said county, lying westerly of the west line of the east % of the
southeast'/4 of Section 33, Township 1 North, Range 6 West, San Bernardino Base and Meridian,
and lying northwesterly of the following described line:
Beginning at a point in the east line of East Avenue 66.00 feet wide, distant along said east line,
north 0 deg. 04' 24"west,45.00 feet from the south line of Lot 12 in said Block"L", thence north 77
deg. 30'00"east, 363.31 feet to the beginning of a tangent curve to the left, having a radius of 1,000
feet; thence northeasterly along said curve through a central angle of 27 deg. 19'45", a distance of
476.98 feet; thence north 45 deg. 10' 15" east, 370.16 feet to the north line of said Lot 11.
APN: 0227-141-44
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 03-318
•-
'ASSESSMENT DIAGRAM
LANDSCAPEDISTRICT NO.
STREET LIGHTING MAINTENANCE DISTRICT NOS. • ;
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COUNTYCITY OF RANCHO CUCAMONGA NORTH
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STATE OF • i elw MIN-
Resolution No. 03-318
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA):
Landscape Maintenance District No. 9 (LIVID #9) represents landscape sites throughout the
Lower Etiwanda 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 and street trees.
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. 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 street within the South Etiwanda area
Resolution No. 03-318
Page 7 of 9
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2003/2004)
For Project: Tract 16335
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001L 27,500L
SLD # 1 --- -5- --- --- ---
SLD # 8 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 9 --- --- --- 12
'Existing items installed with original project
Assessment Units by District
Parcel DU S1 S8 L9
1 110 110 110 110
Resolution No. 03-318
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA):
The rate per assessment unit (A.U.) is $375.91 for the fiscal year 2003/04. The following table
summarizes the assessment rate for Landscape Maintenance District No. 9 (lower Etiwanda):
# of #of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 269 1.0 269 $375.91 $101,119.79
Family
The Proposed Annual Assessment against the Property (TR 16335) is:
110 Units x 1 A.U. Factor x $375.91 Rate Per A.U. _ $41,350.10 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. 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 Use Unit Tvoe Units Units Factor Units Unit Revenue
Single
Family Parcel 19,803 1.00 19,803 $17.77 $351,899.31
Multi-Family Unit 7,402 1.00 7,402 $17.77 $131,533.54
Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66
TOTAL $564,777.51
The Proposed Annual Assessment against the Property(TR 16335) is:
110 Units x 1 A.U. Factor x$17.77 Rate Per A.U. _ $1954.70 Annual Assessment
Resolution No. 03-318
Page 9 of 9
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA):
The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2003/04. The following table
summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda):
# of Rate Per
Physical #of Assessment Assessment Assessment
Land Use Unit Tyne Physical Units Factor Units Unit Revenue
Single Parcel 350 1.00 350 $193.75 $67,812.50
Family
The Proposed Annual Assessment against the Property is:
110 Units x 1 A.U. Factor x $193.75 Rate Per A.U. _ $21,312.50 Annual Assessment