HomeMy WebLinkAbout04-369 - Resolutions RESOLUTION NO. 04-369
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16301
AND 16445
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. 2, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 3 (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 engineers 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. 04-369
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 future proceedings of the Maintenance Districts, including the
levy of all assessments, shall be applicable to the Territory.
Resolution No. 04-369
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 151h day of December 2004.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
c
tri
W' m J. Alex der, Mayor
ATTEST:
Debra J. Adams, MC, City Clerk
1, 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 15'h day of December 2004.
Executed this 16th day of December 2004, at Rancho Cucamonga, California.
Debra J. Adams,kAdt, City Clerk
Resolution No. 04-369
Page 4 of 8
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
CENTEX HOMES INLAND EMPIRE
The legal description of the Property is:
TRACT NO. 16301 & 16445, BEING A SUBDIVISION OF A PORTION OF LOTS 7 AND 8 IN
BLOCK"S" OF ETIWANDA COLONY LANDS, AS SHOWN ON MAP FILED IN BOOK 2, PAGE
24 OF MAPS, 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. 04-369
Page 5 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO.2(VICTORIA PLANNED COMMUNITY):
Landscape Maintenance District No. 2 (LMD #2) represents landscape sites throughout the
Victoria Planned Community. These sites are associated with areas within Victoria and as such
any benefit derived from the landscape installation can be directly attributed to those parcels
within that community. Because of this, assessments required for this district are charged to
those parcels within that planned community.
The sites maintained by the district consist of parkways, median islands, street trees, paseos,
community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park,
Victoria Groves Park, Vintage Park, Windrows Park and Ellena 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.3(VICTORIA PLANNED COMMUNITY):
Street Light Maintenance District No. 3 (SLD #3) is used to fund the maintenance and/or
installation of street lights and traffic signals located within the Victoria Planned Community.
Generally, this area encompasses the area of the City east of Deer Creek Channel, south of
Highland Avenue, north of Base Line Road, and west of Etiwanda Avenue. It has been
determined that the facilities in this district benefit the properties within this area of the City.
This sites maintained by the district consist of streetlights on local streets and traffic signals (or
a portion thereof) on local streets within the Victoria Planned Community.
Resolution No. 04-369
Page 6 of 8
Proposed additions to Work Program (Fiscal Year 200412005)
For Project: Tract 16301 and 16445
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,0001- 27,500L
SLD# 1
Tract 16445 – 2 --- -- --
Tract 16301 – 1 --- — --
SLD# 3
Tract 16445 5 — —
15 – —
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID#2
Tract 16445 --- --- --- 14
Tract 16301 -- — — 54
'Existing items installed with original project
Resolution No. 04-369
Page 7 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO.2(VICTORIA PLANNED COMMUNITY):
The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2004/05. The following table
summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned
Community):
#of #of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 5060 1.00 5060 $422.00 $2,177,520.00
Family
Multi- Parcel 124 1.00 124 $422.00 $52,328.00
Family
Comm/Ind. Acre 44.18 2.00 88.36 $422.00 $37,287.92
Vacant Acre 337.97 0.25 84.4925 $422.00 $35,655.84
TOTAL $2,302,791.76
The Proposed Annual Assessment against the Property (TR 16301 and 16445) is:
TR 16301: 53 Parcels x 1 A.U. Factor x $422.00 Rate Per A.U. _ $22,366.00 Annual Assessment
TR 16445: 17 Parcels x 1 A.U. Factor x $422.00 Rate Per A.U. _ $7,174.00 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):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tvoe Units Units Factor Units 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
Resolution No. 04-369
Page 8 of 8
The Proposed Annual Assessment against the Property (TR 16301 and 16445) is:
TR 16301: 53 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $941.81 Annual Assessment
TR 16445: 17 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $302.09 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO.3(VICTORIA PLANNED COMMUNfTY):
The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2004105. The following table
summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned
Community):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 5160 1.00 5160 $47.15 $243,294.00
Family
Multi-Family Unit 124 1.00 124 $47.15 $5,846.60
Commercial Acre 44.18 2.00 88.36 $47.15 $4,166.17
Vacant 10.95 2.0 21.90 $47.15 $1,032.59
TOTAL $254,339.36
The Proposed Annual Assessment against the Property (16301 and 16445) is:
TR 16301: 53 Parcels x 1 A.U. Factor x $47.15 Rate Per A.U. _ $2,498.95 Annual Assessment
TR 16445: 17 Parcels x 1 A.U. Factor x $47.15 Rate Per A.U. _ $801.55 Annual Assessment