Loading...
HomeMy WebLinkAbout08-090 - Resolutions RESOLUTION NO. 08-090 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 NOS. 1 AND 2 FOR DRC2005-01060 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 special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (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 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 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 Resolution No. 08-090 Page 2 of 10 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 following page for formal adoption,certification and signatures Resolution No. 08-090 Page 3 of 10 PASSED, APPROVED, AND ADOPTED this 7`h day of May 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None v V Do ald J. Kurth, M.D., May r ATTEST: ` �✓Y��2�>>,i ��•Ali Cad`" KathrynL. .,Tcott, CMC, Assistant City Clerk I, KATHRYN L. SCOTT, ASSISTANT 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 7th day of May 2008. Executed this 81h day of May 2008, at Rancho Cucamonga, California. V Kathryn L. Sicott, CMC, Assistant City Clerk Resolution No. 08-090 Page 4 of 10 Exhibit A Consent And Waiver To Annexation Of Certain Real Property To Street Light Maintenance District No. 1 And Approval Of The Levy Of Assessments On Such Real Property Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Southern California Housing Development Corporation of the Inland Empire, as to Parcels 1 through 3, inclusive; and The Southern California Housing Development Corporation, a non-profit housing corporation, as to Parcel 4 The legal description of the Property is: The Land referred to herein is situate in the State of California, County of San Bernardino, City of Rancho Cucamonga, described as follows: PARCEL1: THAT PORTION OF LOT 29 IN SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING 895.96 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT, THENCE SOUTH 474.09 FEET TO THE NORTH LINE AT AND SANTA FE RAILROAD RIGHT OF WAY; THENCE EASTERLY ALONG SAID RIGHT OF WAY TO THE EAST LINE OF LOT 29, THENCE NORTH TO THE NORTHEAST CORNER; THENCE WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WEST OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF SIERRA MADRE AVENUE AND EXCEPTING THE NORTH 97.01 FEETAND EXCEPTING THE SOUTH 240 FEET THEREOF. PARCEL 2: THE SOUTH 240 FEET OF THAT PORTION OF LOT 29, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN,ACCORDING TO THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, AS SHOWN BY MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SIERRA MADRE AVENUE,AS SAID AVENUE IS SHOWN ON THE MAPS OF EUREKA GARDENS,TRACT NO. 1829, AS PER PLAT RECORDED IN BOOK 28, PAGE 20 OF MAPS, RECORDS OF SAID COUNTY. Resolution No. 08-090 Page 5 of 10 PARCEL 3: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THAT PORTION OF LOT 29, SECTION 9,TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, LYING WITHIN THE SOUTHERLY EXTENSION OF SIERRA MADRE AVENUE, AS SAID AVENUE IS SHOWN ON THE MAP OF EUREKA GARDENS TRACT NO. 1829, AS PER PLAT RECORDED IN BOOK 28, PAGE 20 OF MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTH 240 FEET. PARCEL 4: LOT 3 OF TRACT NO. 12091, IN THE CITY OF RANCHO CUCAMONGA, AS PER MAP RECORDED IN BOOK 177, PAGES 75 THROUGH 78, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA. EXCEPT THEREFROM ALL MINERALS, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, BUT WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, BY DEED RECORDED NOVEMBER 23, 1973, IN BOOK 9059, PAGE 1242, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL MINERALS RESERVED IN THE DEED FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED APRIL 6, 1984, INSTRUMENT NO. 84-080462, OFFICIAL RECORDS, INCLUDING, WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES ,AS WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LAND, OR ANY PART THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID MINERALS, SANTA FE MAY HOWEVER, AND HEREBY RESERVES THE RIGHT TO, REMOVE ANY OF SAID MINERALS FROM SAID LAND BY MEANS OF WELLS, SHAFTS, TUNNELS OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS BY SANTA FE SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF THE LAND HEREBY CONVEYED OR OF ANY IMPROVEMENTS THEREON. Resolution No. 08-090 Page 6of10 EXHIBIT"A" - ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. I STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 LI----��1 �I I I--a til /I V I --- / F_-- I \ W a \ 70 I � ry _ rx p ; IJmI �� zsz� alor sazF�F� ; W I Qy� I �� ?I' CSW ao I 11 T. FS 11 v f^ I =� vl MC.2005-0106D CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO 6 A a DRe2ooS-o1o(oo Resolution No. 08-090 Page 7 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2007/2008 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 which 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 district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development The various sites maintained by the 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. STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREET): Street Light Maintenance District No. 2 (SLD#2) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. It has been determined that the facilities in this district benefit this area of the City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. Resolution No. 08-090 Page 8 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2007/2008 Proposed additions to Work Program (Fiscal Year 2007/2008) For Project: DRC2005-01060 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L SLD # 1 - - SLD #2 Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 1 *Existing items installed with original project Resolution No. 08-090 Page 9 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2007/2008 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2007/08. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of Rate Per # of Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Parcel 8212 1.0 8212 $92.21 $757,228.52 Family Multi-Family Unit 7539 0.5 3769.5 $92.21 $347,585.59 Comm/Ind. Acre 2 2.0 4 $92.21 $368.84 TOTAL $1,105,182.95 The Proposed Annual Assessment against the Property (DRC2005-01060) is: 40 Units x 0.5 A.U. Factor x $92.21 Rate Per A.U. _ $1,844.20 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2007/08. 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 23,640 1.00 23,640 $17.77 $420,082.80 Family Multi-Family Unit 11,154 1.00 11,154 $17.77 $198,206.58 Commercial Acre 2985.85 2.00 5971.70 $17.77 $106,117.10 TOTAL $724,406.48 The Proposed Annual Assessment against the Property (DRC2005-01060) is: 40 Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $710.80 Annual Assessment Resolution No. 08-090 Page 10 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2007/2008 STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2007/08. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 6396 1.00 6396 $39.97 $255,648.12 Multi Family Unit 1298 1.00 1298 $39.97 $51,881.06 Commercial Acre 34 2.00 68 $39.97 $2,717.96 Total $310,247.14 The Proposed Annual Assessment against the Property (DRC2005-01060) is: 40 Units x 1 A.U. Factor x $39.97 Rate Per A.U. _ $1,598.80 Annual Assessment