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HomeMy WebLinkAbout08-211 - Resolutions RESOLUTION NO. 08-211 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 FOR 8770 VINMAR AVENUE (APN: 0207-242-18) 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 "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No. 1, (referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 1972 Act authorize the annexation of additional territory to the Maintenance District; and WHEREAS, such provisions also provide that the requirement for the preparation of 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 owner of property within the territory to be annexed; and WHEREAS, notwithstanding the 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 District 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 District and have expressly consented to the annexation of the Territory to the Maintenance District; 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 levy the proposed annual assessment against the Territory set forth in Exhibit A 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 B attached hereto; and Resolution No. 08-211 Page 2 of 7 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance District 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 RESOLVE 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 District, 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 District, including levy of all assessments, shall be applicable to the Territory. Please see the following page for formal adoption,certification and signatures Resolution No. 08-211 Page 3 of 7 PASSED, APPROVED, AND ADOPTED this 51" day of November 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None )2�AA ✓� onald J. Kurth; ., Mayor ATTEST: l/� �JLaD KathryL. ott, 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 5t" day of November 2008. Executed this 6`" day of November 2008, at Rancho Cucamonga, California. Kath n L. 87cott, ONIC, Acting City Clerk Resolution No. 08-211 Page 4of7 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Victor H. Martinez and Araceli Martinez, husband and wife as joint tenants The legal description of the Property is: THE NORTH '/3 OF LOT 37 OF EUREKA GARDENS, TRACT NO. 1829 AS PER PLAT RECORDED IN BOOK 28 OF MAPS, PAGE 20, RECORDS OF SAID COUNTY. APN: 0207-242-18-0-0000 ALSO KNOWN AS 8770 VINMAR AVENUE Resolution No. 08-211 Page 5 of 7 Exhibit B To Description of the District Improvements Fiscal Year 2008/2009 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 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. Resolution No. 08-211 Page 6 of 7 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2008/2009) For Project: 8770 VINMAR AVENUE Community Trail Turf Non-Turf Trees. Landscaping DGSF SF SF EA LMD # 1 'Existing items installed with original project Assessment Units by District Parcel(s) DU or Acres S1 S2 L 1 1 DU 1 1 1 Resolution No. 08-211 Page 7 of 7 Exhibit C Proposed Annual Assessment Fiscal Year 2008/2009 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2008/09. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 8154 1.0 8154 $92.21 $751,880.34 Multi-Family Parcel 7404 0.5 3702 $92.21 $341,361.42 Commercial Parcel 2 1.0 2 $92.21 $184.42 TOTAL $1,093,426.18 The Proposed Annual Assessment against the Property (8770 VINMAR AVENUE) is: 1 SFR x 1 A.U. Factor x $92.21 Rate Per A.U. _ $92.21 Annual Assessment