HomeMy WebLinkAbout08-152 - Resolutions RESOLUTION NO. 08-152
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 MAP NO.
17919
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 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 XII ID") 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 08-152
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 XII ID 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 08-152
Page 3 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is
TRACT NO 17919
PARCEL1
THE NORTH %2 OF LOT 16, BLOCK"R"OF THE ETIWANDA COLONY LANDS, IN THE COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF
MAPS, PAGE 24, RECORDS OF SAID COUNTY
APN 1100-081-03
PARCEL 2
THE SOUTH %2 OF LOT 16, BLOCK"R"OF THE ETIWANDA COLONY LANDS, IN THE COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF
MAPS, PAGE 24, RECORDS OF SAID COUNTY
APN 1100-081-04
PARCEL 3
THAT PORTION OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO
BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY
THE SURVEYOR GENERAL, DATED JULY 25, 1856, LYING EAST OF THE EAST LINE BLOCK
"R" OF THE ETIWANDA COLONY LANDS SUBDIVISION, AS AS PER PLATT RECORDED IN
BOOK 2, PAGE 24 OF MAPS, RECORDS OF RICERSIDE COUNTY, KYIG WEST OF THE WEST
LINE OF EAST ACENUE (60 FEET WIDTH)AND BETWEEN THE EASTERLY PROLONGATION
OF THE NORTH LINE OF LOT 16 AND THE SOUTH LINE OF LOT 16 OF BLOCK "R" OF THE
ETIWANDA COLONY LANDS SUBDIVISION, AS PER PLAT RECORDEDIN BOOK 2, PAGE 24
OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY, THE RIGHT OF WAY OF THE
AFORESAID EAST AVENUE BEING DELINEATED ON MAP RECORDED IN BOOK 2, PAGE 62,
RECORDS OF SURVEY
EXCEPTING THEREFORM AN UNDIVIDED 1/2 OF ALL OIL, GAS AND MINERALS AND AN
UNDIVIDED '/2 OF ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND
HEREIN DESCRIBED, AS CONTAINED IN THE DEED FROM SECURITY FIRST NATIONAL
BANK OF LOS ANGELES TO WALTER T CASEY, A MARRIED MAN, RECORDED AUGUST
21,1937 IN BOOK 219, PAGE 483 OF OFFICIAL RECORDS, BUT WITHOUT THE RIGHT OF
ENTRY UPON THE SURFACE OF SAID PROPERTY HEREIN DESCRIBED AS QUITCLAIMED
BY INSTRUMENT RECORDED OCTOBER 10, 1952 IN BOOK 3035, PAGE 302 OF OFFICIAL
RECORDS, AND BY INSTRUMENT RECORDED APRIL 19, 1966 IN BOOK 6610, PAGE 590,
OFFICIAL RECORDS
APN 1100-081-06
Resolution No 08-152
Page 4 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2006/2007
LANDSCAPE MAINTENANCE DISTRICT NO. 9.
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:
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:
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
Proposed additions to Work Program (Fiscal Year 2007/2008)
For Project: TR 17919
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 1 7
SLD # 8 12
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # 9 D G S F SF SF Each
16,000 72
Resolution No 08-152
Page 5 of 9
'Existing items installed with original project
Assessment Units by
District
DU S1 S8 L9
50 50 50 50
Resolution No 08-152
Page 6 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO. 9•
The rate per assessment unit (A U ) is $387 94 for the fiscal year 2007/08 The following table
summarizes the assessment rate for Landscape Maintenance District No 9 (Lower Etiwanda)
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Type Units Units Factor Units Unit Revenue
Use
Single Parcel 594 1 0 594 $38794 $223,29054
Family
Multi- Parcel 692 1 0 692 $37591 $260,12972
Family
TOTAL $483,42026
The Proposed Annual Assessment against the Property (TRACT NO 17919) is
50 SFR x 1 A U Factor x $387 94 Rate Per A U = $19,397 00 Annual Assessment
Resolution No 08-152
Page 7 of 9
STREET LIGHT MAINTENANCE DISTRICT NO. 1:
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 $1777 $420,08280
Family
Multi-Family Unit 11,154 1 00 11,154 $1777 $198,20658
Commercial Acre 298585 200 5971 70 $1777 $106,11710
TOTAL $724,40648
The Proposed Annual Assessment against the Property (TRACT MAP 17919) is
50 PARCELS x 1 A U Factor x $17 77 Rate Per A U = $888 50 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO 8:
The rate per assessment unit (A U ) is $193 75 for the Fiscal Year 2007/08 The following table
summarizes the assessment rate for Street Light Maintenance District No 8 (South Etiwanda)
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Family Parcel 922 1 00 922 $19375 $178,63750
Multi Family Unit 958 1 00 958 $19375 $185,61250
Commercial Acre 11 200 22 $19375 $4,26250
TOTAL $368,51250
The Proposed Annual Assessment against the Property (TRACT 17919) is
50 SFR x 1 0 A U Factor x $193 75 Rate Per A U = $9,687 50 Annual Assessment
Resolution No 08-152
Page 8 of 9
CERTIFICATE OF SUFFICIENCY
CONSENT AND WAIVER TO ANNEXATION
FOR TRACT MAP 17919
LANDSCAPE MAINTENANCE DISTRICT NO. 9,
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NO. 8
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
Mandi Aluzn, the undersigned, hereby certifies as follows
That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA
That on the 16th day of July, 2008, 1 reviewed a Consent and Waiver to Annexation
pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file
in the Office of the City Clerk
That I caused said Consent and Waiver to Annexation to be examined and my examination
revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the
property within the territory proposed to be annexed to the Maintenance District
That said Consent and Waiver to Annexation meets the requirements of Section 22608 1 of
the Streets and Highways Code of the State of California
EXECUTED this 16th day of July 2008, at Rancho Cucamonga, California
CITY ENGINEER
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
Please see the following page
forfarmal adupnan certtficahmi anJ vSmnves
Resolution No 08-152
Page 9 of 9
PASSED, APPROVED, AND ADOPTED this 16th day of July 2008
AYES- Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT- None
ABSTAINED None
l
Donald J Kurth, M`D , Mayor'
ATTEST-
Kathryn L Sc6tt, CMC, Acting City Clerk
I, KATHRYN L SCOTT,ACTING 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 16th day of July 2008
Executed this 17th day of July 2008, at Rancho Cucamonga, California
t/� y L��
Kathryn L 8cott, CMC, Acting City Clerk