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HomeMy WebLinkAbout04-030 - Resolutions RESOLUTION NO. 04-030 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 DRC2002-00499 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 Landscape Maintenance District No. 1 and 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 Resolution No. 04-030 Page 2 of 8 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 f uture p roceedings of the M aintenance D istricts, i ncluding the levy of all assessments, shall be applicable to the Territory. Please see the following page for formal adoption,certification and signatures Resolution No. 04-030 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 18`h day of February 2004. AYES: Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: Alexander ABSTAINED: None .�- Zt Diane Williams, Mayor Pro Tem ATTEST: 444')�:O� a �) Debra J. Ada 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 18th day of February 2004. Executed this 1 g1 day of February 2004, at Rancho Cucamonga, California. Aaj��Z–& a"-ne J 'Debra J. Adams, CMC, City Clerk Resolution No. 04-030 Page 4 of 8 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: KSL RANCHO CUCAMONGA, L.P. The legal description of the Property is: All that certain real property situated, lying and being in the County of San Bernardino, State of California, more particularly described as follows: Parcel A, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as shown on Certificate of Compliance No. 554 recorded June 27, 2003 as Instrument No. 2003- 0473625, Official Records on San Bernardino County, State of California. Together with the rights set forth in that certain Drainage Acceptance Agreement dated July 19, 2000 and executed by and between General Dynamics Properties, Inc., a Delaware corporation and the City of Rancho Cucamonga, a municipal corporation, recorded August 2, 2000 as Instrument No. 2000277673, of Official Records of San Bernardino County, State of California. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 04-030 �+ �y Page 5 of 8 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. _ STREET LIGHTING MAINTENANCE DISTRICT NOS. I SIXTH STREET' .lf/�Ill JI/iCGI �aysu I (sernwl7Y eaaC_ a JX � 1 1 ' \ Pfi 1 { I a N 1 1 � s- °s` NEw wir Wes 58 M. 014111116 QWr ZAINO 4 4654• Ak CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINOin M STATE OF CALIFORNIA �K/�-D0499 Resolution No. 04-030 Page 6 of 8 Exhibit B To Description of the District Improvements Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LIVID #1) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails that 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 area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development. The various sites maintained by this district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. 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. Resolution No. 04-030 Page 7 of 8 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2003/2004) For Project: DRC2002-00499 Number of Lamps Street Lights 5800L 9500L 16 OOOL 22,0001- 27,500L SLD # 1 --- 6* --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LIVID # 1 --- --- --- 58 *Existing items installed with original project Assessment Units by District Parcel Units S1 L 1 1 264 264 --- 132 Resolution No. 04-030 Page 8 of 8 Exhibit C Proposed Annual Assessment Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2003/04. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): #of # of Rate Per Physical Physical Assessment Assessment Assessment and Use Unit Tyne Units Units Factor Units Unit Revenue Single Parcel 7699 1.0 7951 $92.21 $733.161.71 Family Multi- Unit 7091 0.5 3570 $92.21 $329,189.70 Family Comm/Ind Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (DRC2002-00499) is: 264 Units x 0.5 A.U. Factor x$92.21 Rate Per A.U. _ $12,171.72 Annual Assessment 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 Type Units Units Factor Units Unit Revenue Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Family 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 (DRC2002-00499) is: 264 Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $4,691.28 Annual Assessment