HomeMy WebLinkAbout09-079 - Resolutions RESOLUTION NO. 09-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 8 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 8 FOR DRC2003-00048
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. 8, 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
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. 09-079
Page 2 of 8
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. 09-079
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 6th day of May 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
t�
Donald J. Kurth, M.D., Mayor
ATTEST:
Jani C. Reynold-c4,/Cit y Clerk
I, JANICE C. REYNOLDS, 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 6th day of May 2009.
Executed this 7th day of May 2009, at Rancho Cucamonga, California.
Janic C. Reynolds, C y Clerk
Resolution No. 09-079
Page 4 of 8
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Bruno Mancinelli and Vincenza Mancinelli, Husband and Wife as Joint Tenants
The legal description of the Property is:
REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1: (0228-011-31-0-0000)
THAT PORTION OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 34,
TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED APRIL 23, 1874,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF THE WEST 660 FEET OF SAID
NORTHWEST 1/4, DISTANT ALONG SAID EAST LINE, SOUTH 00 02' 47" WEST, 134.24
FEET FROM THE NORTH LINE OF SAID SECTION; THENCE ALONG SAID EAST LINE,
SOUTH 00 02' 47" WEST, 1187.19 FEET, MORE OR LESS, TO THE SOUTHWESTERLY
CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED SEPTEMBER 17, 1973, IN BOOK 8268, PAGE 6,
OFFICIAL RECORDS, IN THE SAN BERNARDINO COUNTY RECORDER'S OFFICE;
THENCE ALONG A SOUTHERLY LINE OF SAID PARCEL, AND ALONG THE SOUTHERLY
LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED TO THE
STATE OF CALIFORNIA RECORDED AUGUST 7,1973, IN BOOK 8241, PAGE 134, ,OFFICIAL
RECORDS, NORTH 890 34' 43" EAST, 520.96 FEET; THENCE NORTH 390 10' 28" EAST,
94.39 FEET; THENCE NORTH 370 40' 04" EAST, 147.36 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 588 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 04' 23", A
DISTANCE OF 924.38 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE
SOUTHERLY, HAVING A RADIUS OF 2750.FEET AND WHICH PASSES THROUGH THE
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE WESTERLY ALONG LAST-SAID
CURVE FROM A TANGENT LINE BEARING NORTH 67" 13' 10" WEST, A DISTANCE OF
588.69 FEET TO SAID POINT OF BEGINNING.
EXCEPT THERFROM THAT PORTION AS DESCRIBED IN FINAL ORDER OF
CONDEMNATION RECORDED DECEMBER 13, 2000, AS INSTRUMENT NO. 457851 OF
OFFICIAL RECORDS.
Resolution No. 09-079
Page 5 of 8
PARCEL 2: (0228-011-38-0-000)
THAT PORTION OF PARCEL 2 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA AS DESCRIBED IN THE GRANT DEED TO
THE STATE OF CALIFORNIA RECORDED JUNE 14, 1990, AS INSTRUMENT NUMBER OF
90-234200, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION; THENCE ALONG
THE WEST LINE OF SAID SECTION, NORTH 000 03' 04" EAST 18.55 FEET; THENCE
NORTH 440 20' 57" EAST, 711.72 FEET TO THE SOUTHERLY PROLONGATION OF THE
WESTERLY LINE OF THAT CERTAIN 125.00 FEET WIDE STRIP OF LAND DESCRIBED IN A
GRANT DEED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED
FEBRUARY 18, 1944, IN BOOK 1667, PAGE 226, OF OFFICIAL RECORDS OF SAID
COUNTY; THENCE ALONG COURSE "B" AS DESCRIBED IN SAID GRANT DEED TO THE
STATE OF CALIFORNIA , NORTH 390 49' 07" EAST 253.83 FEET TO THE WESTERLY LINE
OF SAID PARCEL 2, SAID LINE BEING PARALLEL WITH AND DISTANT EASTERLY 160.00
FEET, MEASURED AT RIGHT ANGLES FROM SAID PROLONGATION, TO THE POINT OF
BEGINNING; THENCE ALONG LAST SAID WESTERLY LINE, NORTH 000 44' 32" EAST
603.50 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID
NORTHERLY LINE, NORTH 890 35' 04" EAST, 516.21 FEET; THENCE SOUTH 390 1015811
WEST 212.09 FEET; THENCE SOUTH 42° 34' 53" WEST, 235.15 FEET; THENCE SOUTH 40°
34' 28"WEST 355.01 FEET TO THE POINT OF BEGINNING.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
F
A - 2
Resolution No. 09-079
Page 6 of 8
Exhibit B -Description of the District Improvements-Fiscal Year 2008 / 2009
LANDSCAPE MAINTENANCE DISTRICT NO. 8 (South Etiwanda):
Landscape Maintenance District No. 8 (LIVID #8) represents landscape sites throughout the
Etiwanda South 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, paseos, street
trees and community trails.
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (Arterial):
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.
Proposed additions to Work Program (Fiscal Year 2008 / 2009)
For Project: DRC2003-00048
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # *1 3 --- --- --- ---
SLD # * --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # * No street tress due to flood control district property and they will not maintain.
*Existing items installed with original project
Assessment Units by District
Parcel Acres SLD #*1 SLD #*8 LIVID #*8
1 10.02 Acres 20.04 20.04 10.02
2 3.6 Acres 7.20 7.20 .3.60
B - 1
Resolution No. 09-079
Page 7of8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2008 / 2009
LANDSCAPE MAINTENANCE DISTRICT NO. 8 (South Etiwanda):
The rate per assessment unit (A.U.) is $151.45 for the fiscal year 2007/08. The following table
summarizes the assessment rate for Landscape Maintenance District No. 8 (South Etiwanda):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Type Units Units Factor Units Unit Revenue
Use
Single Parcel 187 1.00 187 $151.45 $28,321.15
Family
The Proposed Annual Assessment against the Property (DRC2003-00048) is:
Parcel 1: APN: 0228-011-31-0-000
10.02 Acres x 1 A.U.F. x $151.45 Rate Per A.U. _ $1,517.53 Annual Assessment
Parcel 2: APN: 0228-011-31-0-000
3.6 Acres x 1 A.U.F. x $151.45 Rate Per A.U. _ $545.22 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (Arterial):
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
C - 1
Resolution No. 09-079
Page 8 of 8
The Proposed Annual Assessment against the Property (DRC2003-00048) is:
Parcel 1: APN: 0228-011-31-0-000
10.02 Acres x 2 A.U.F. x $17.77 Rate Per A.U. = $356.11 Annual Assessment
Parcel 2: APN: 0228-011-31-0-000
3.6 Acres x 2 A.U.F. x $17.77 Rate Per A.U. = $127.94 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 8 (South Etiwanda):
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 $193.75 $178,637.50
Multi Family Unit 958 1.00 958 $193.75 $185,612.50
Commercial Acre 11 2.00 22 $193.75 $4,262.50
TOTAL $368,512.50
The Proposed Annual Assessment against the Property (DRC2003-00048) is:
Parcel 1: APN: 0228-011-31-0-000
10.02 Acres x 2 A.U.F. x $193.75 Rate Per A.U. = $3,882.75 Annual Assessment
Parcel 2: APN: 0228-011-31-0-000
3.6 Acres x 2 A.U.F. x $193.75 Rate Per A.U. _ $1,395.00 Annual Assessment