HomeMy WebLinkAbout05-300 - Resolutions RESOLUTION NO. 05-300
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 NO.
16716
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 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. 05-300
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 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
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: 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 the
levy of all assessments, shall be applicable to the Territory.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 05-300
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 19th day of October 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Alex der, Mayor
ATTEST:
L&.Ri
Debra J. Ada , 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 19th day of October 2005.
Executed this 20th day of October 2005, at Rancho Cucamonga, California.
Jwt�VA
ebra J. a C, City Clerk
Resolution No. 05-300
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Monte San Savino, LLC
The legal description of the Property is:
PROPOSED TRACT MAP 16716, BEING A SUBDIVISION OF THE FOLLOWING:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 5733, AS PER PLAT RECORDED IN BOOK 86 OF
PARCEL MAPS, PAGE(S) 35, RECORDS OF SAID COUNTY.
Assessor's Parcel No: 0227-121-49-0-000
PARCEL B:
LOT 6, BLOCK K, PRELIMINARY MAP OF ETIWANDA COLONY LAND IN THE CITY OF
RANCHO CUCAMONGA, AS PER PLAT RECORDS IN BOOK 2 OF MAPS, PAGE 24,
RECORDS OF SAID COUNTY.
EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6; THENCE FROM SAID POINT
OF BEGINNING NORTHERLY ALONG THE WEST LINES OF SAID LOT 5, 212.10 FEET;
THENCE EASTERLY IN A DIRECT LINE TO A POINT IN THE EAST LINE OF SAID LOT 6;
DISTANCE NORTHERLY 213.13 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 6;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 6, 213.13 FEET; THENCE
WESTERLY ALONG THE SOUTH LINE OF SAID LOTS 5 AND 6 TO THE SOUTHWEST
CORNER OF SAID LOT 5, THE TRUE POINT OF BEGINNING.
Assessor's Parcel No: 0227-121-16-0-000
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 05-300
Page 5 of 9
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Resolution No. 05-300
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2005/2006
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 streets within the South Etiwanda area.
Resolution No. 05-300
Page 7 of 9
Exhibit "B" continued
Proposed addition to Work Program (Fiscal Year 2005/2006)
For Project: SUBTT16716
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLMD #1 --- 2 --- --- ---
SLMD #8 --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID #9 --- --- --- 10
*Existing items installed with original project
Assessment Units by District
D.U. Acres S1 S8 L 9
22 0 1 1 1
Resolution No. 05-300
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2005/2006
LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA):
The rate per assessment unit (A.U.) is $375.91 for the fiscal year 2005/06. The following table
summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda):
# of Assessment #of Rate Per
Physical Units Factor Assessment Assessment
Land Use Type Units Units Unit Revenue
Single Parcel 594 1.0 594 $375.91 $223,290.54
Family
Multi- Parcel 692 1.0 692 $375.91 $260,129.72
Family
TOTAL $483,420.26
The Proposed Annual Assessment against the Property (TR 16716) is:
22 D.U. x 1 A.U. Factor x $375.91 Rate Per A.U. _ $8,270.02 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. 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 Tyne 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 (TR 16716) is:
22 D.U. x 1 A.U. Factor x $17.77 Rate Per A.U. _ $390.94 Annual Assessment
Resolution No. 05-300
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 2005/06. The following table
summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda):
# of Rate Per
Physical # of Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 675 1.00 675 $193.75 $130,781.25
Family
Multi Unit 692 1.00 692 $193.75 $134,075.00
Family
TOTAL $264,856.25
The Proposed Annual Assessment against the Property (TR 16716) is:
22 D.U. x 1 A.U. Factor x $193.75 Rate Per A.U. _ $4,262.50 Annual Assessment