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HomeMy WebLinkAbout09-211 - Resolutions RESOLUTION NO. 09-211 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 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2006-00540 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. 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 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 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. 09-211 — Page 2 of 11 PASSED, APPROVED, AND ADOPTED this 21" day of October 2009. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None L. Dennis ichael, Mayor Pro ATTEST: anice C. Reynolds, City 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 21 sc day of October 2009. Executed this 22nd day of October 2009, at Rancho Cucamonga, California. 1-6 Janice C. Reynolds, Cit Clerk Resolution No. 09-211 — Page 3 of 11 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Northtown Housing Development Corporation The legal description of the Property is: SEE ATTACHED The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A - 1 Resolution No. 09-211 —Page 4 of 11 LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: q ALL THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY, LYING EAST OF THE WEST LINE OF THAT CERTAIN EASEMENT CONVEYED.BY SANTA FE LAND IMPROVEMENT COMPANY TO SOUTHERN CALIFORNIA EDISON COMPANY, IN DEED DATED OCTOBER 14, 1940, AND RECORDED OCTOBER 28, 1940, IN BOOK 1441 OF OFFICIAL RECORDS, PAGE 66. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 9,TOWNSHIP I SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 00030'tk" WEST 65011 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89023'35" WEST 1071.37; THENCE NORTH 21016'02" EAST 646.6 FEET; THENCE SOUTH 89023'35" WEST 269.40; THENCE SOUTH 21016'02" WEST 2758.36 FEET; THENCE NORTH 89°23'40" EAST 2089.40; THENCE NORTH 00030'15" EAST 1959.80 FEET, TO THE TRUE POINT OF BEGINNING. ALSO IXCEPTTHEREFROM ALL OIL GAS,AND OTHER HYDROCARBON AND MINERAL SUBSTANCES(EXCEPT WATER) LYING NOT LESS THAT 100 FEET BELOW THE SURFACE OF SAID REAL PROPERTY, AS EXCEPTED. AND RESERVED IN THE DEED FROM SANTA FE LAND IMPROVEMENT COMPANY,A CORPORATION,TO OLIVER A. JOHNSON AND CRYSTAL M. JOHNSON,.HUSBAND AND WIFE, AS JOINTTENANTS, DATED MAY.22, 1946 AND RECORDED JUNE 7; 1946,AS INSTRUMENT NO. 65, IN.BOOK 1890 OF OFFICIAL RECORDS,PAGE 491;IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,WHICH RECITES; "PROVIDED THAT THE FIRST- PARTY, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXTRACTING, AND REMOVING ANY OF SUCH RESERVED SUBSTANCES, OR FOR ANY OTHER PURPOSES". APN: 0229-041-10-0-000 Resolution No. 09-211 — Page 5 of 11 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND Z C w Q CD P JECT AREA a i FOOTHILL BLVD w . Q > UJ -.. ❑ w w O a o Q� z x z m < VO u~i O m m Q W O U ARROW RTE I sT�eEET JIeF'Fs 2�E,gcy TUB i�F� .55�,5a S'f N9i✓-70V ,�EA STieEET C/G//Js ESC// N CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Item: a "L•lp®�` Q Title: EX#A,BST ` ~ Resolution No. 09-211 — Page 6 of 11 Exhibit B To Description of the District Improvements Fiscal Year 2009 / 2010 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. STREETLIGHT 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 Streets): 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. B - 1 Resolution No. 09-211 — Page 7 of 11 Proposed additions to Work Program (Fiscal Year 2009 / 2010) For Project: DRC2006-00540 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L SLD # 1 --- --- 4 --- 4 SLD # 2 --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LIVID # 1 --- 5450 3499 31 'Existing items installed with original project Assessment Units by District Parcel DU S1 S2 L 1 --- 225 225 225 112.5 B - 2 Resolution No. 09-211 — Page 8 of 11 Exhibit C Proposed Annual Assessment Fiscal Year 2009 / 2010 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (General City): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2009/2010. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of # of Rate Per 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- Unit 7539 0.5 3769.5 $92.21 $347,585.59 Family TOTAL $1,104,814.11 The Proposed Annual Assessment against the Property (DRC2006-00540) is: 225 Units x 0.5 A.U. Factor $92.21 Rate Per A.U. _ $10,373.63 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (Arterial Street): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2009/2010. 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 (DRC2006-00540) is: 225 Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $3,998.25 Annual Assessment C - 1 Resolution No. 09-211 — Page 9 of 11 STREET LIGHT MAINTENANCE DISTRICT NO. 2 (Commercial/Industrial): The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2009/2010. 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 Parcel 6396 1.00 6396 $39.97 $255,648.12 Family 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 (DRC2006-00540) is: 225 Units x 1 A.U. Factor x $39.97 Rate Per A.U. _ $8,993.25 Annual Assessment C - 2 Resolution No. 09-211 — Page 10 of 11 CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR DRC2006-00540 LANDSCAPE MAINTENANCE DISTRICT NO. 1, STREET LIGHTINGWAINTENANCE DISTRICT NO. 1, AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA MARK A. STEUER, the undersigned, hereby certifies as follows: That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 21s' day of October 2009, 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 21" day of October 2009, at Rancho Cucamonga, California. ark uer, Director of Engineering Services/City Engineer CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Resolution No. 09-211 —Page 11 of 11