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Home My WebLink About00-123 - Resolutions i RESOLUTION NO. 00-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 15948 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.2 Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 3 (referred to collectively as the "Maintenance Districts"); and WHEREAS,the provisions of Article 2 of Chapter 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 againstthe 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. 00-123 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"B" 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. PASSED, APPROVED, AND ADOPTED this 1 g`" day of July 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexa der, Mayor Resolution No. 00-123 Page 3 of 10 ATTEST: " ( L D ra J. Adams MC, City Clerk I, DEBRA J. ADAMS, 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 19`h day of July 2000. Executed this 20`h day of July 2000, at Rancho Cucamonga, California. Debra J. Adams, MC, City Clerk Resolution No. 00-123 Page 4 of 10 Exhibit A To Consent And Waiver To Annexation Of Certain Real Property To A Landscape Maintenance District And Approval Of The Levy Of Assessments On Such Real Property Identification of the Owner and Description of the Property The Owner of the Property is: WL HOMES LLC, dba .JOHN LAING HOMES (Print or type the name of the Owner of the Property in the space provided above.) The legal description of the Property is: Crype or print the legal description of the Property in the space provided above. Alternatively,a copy of the legal description may be attached to this Exhibit A.) LOT 2, BLOCK "S", ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 24, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A- I Resolution No. 00-123 Page 5 of 10 EXHIBIT"A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 2 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 3 w -- z ac a - 0 - I1 Ll BASE UNE ROAD LLIr - Z TRACT 15948 a -- - W CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ITEM: TT15948 Resolution No. 00-123 Page 6 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. I (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. Typically,street lights are installed by private development as a condition of a development project's approval. Traffic signals can be installed by development or as a City capital improvement project. Historically,the installation of street lights and traffic signals has not been funded with Street Light District funds;however,this is permitted under the Landscape and Lighting Act of 1972. Any new street lights in areas to be maintained by the District,will become part of the active work program at such time as these new areas are annexed into the District. The normal process will be the dedication of the areas to the City,at which time a sufficient non-refundable deposit will be made by the developer to the City. This deposit will provide for costs of energizing and six months of ordinary and usual maintenance operation and servicing of the street lights in each development at the time of initial operation of the lighting system. The costs will be based on the number and type of street lights and based on Southern California Edison Company's rate for street lights. Immediately upon energizing of the street lights will become a part of the work program of the district. STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY) Street Light Maintenance District No.3(SLD#3)is used to fund the maintenance and/or installation of street lights and traffic signals located within the Victoria Planned Community. Generally this area encompasses the area of the City east of Deer Creek Channel,south of Highland Avenue,north of Base Line Road,and west of Etiwanda Avenue. It has been detemilned 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 Victoria Planned Community. Typically,street lights are installed by private development as a condition of a development project's approval. Traffic signals can be installed by development or as a City capital improvement project. Resolution No. 00-123 Page 7 of 10 EXHIBIT B(Continued) Historically,the installation of street lights and traffic signals has not been funded with Street Light District funds;however,this is permitted under the Landscape and Lighting Act of 1972. Any new street lights in areas to be maintained by the District,will become part of the active work program at such time as these new areas are annexed into the District. The normal process will be the dedication of the areas to the City,at which time a sufficient non-refundable deposit will be made by the developer to the City. This deposit will provide for costs of energizing and six months of ordinary and usual maintenance operation and servicing of the street lights in each development at the time of initial operation of the lighting system. The costs will be based on the number and type of street lights and based on Southern California Edison Company's rate for street lights. Immediately upon energizing of the street lights will become a part of the work program of the district. LANDSCAPE MAINTENANCE DISTRICT NO.2(VICTORIA PLANNED COMMUNYM Landscape Maintenance District No.2(LMD#2)represents landscape sites throughout the Victoria Planned Community. These sites are associated with areas within Victoria and ad such any benefit derived from the landscape installation can be directly attributed to those parcels within that community. Because of this, assessments required for this district are charged to those parcels within that planned community. The sites maintained by the district consist of parkways, median islands, street trees, paseos, community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park,Victoria Groves Park,Vintage Park,Windrows Park and Ellena Park. The breakdown of maintained areas is as follows: 99/00 00/01 Ground Cover and Shrubs 50.641 9.81 Turf 41.13 3.40 Parks 32.37 43.257 Community Trails 3.00 7.37 Total Area in LMD#1 127.14 Acres 127.88Actes The ground cover,shrubs and turf areas of the various landscape areas and the parks are maintained under contract by a private landscape maintenance company while the equestrian trails are maintained by the City's Trails and Application Crew. B -2 Resolution No. 00-123 Page 8 of 10 EXHIBIT B(Continued) Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 15948 Number of Lamps Dist. Street Lights Type: 5800L 9500L 16,0001, 22,0001, 27,5001, SLD 91 --- 4 --- --- --- SLD#3 13 --- --- --- --- Landscaping Trail Turf Non-Turf Trees Dist. Item: D.G/S.F. S.F. S.F. EA LMD#2 --- --- 7,331 27 B - 3 Resolution No. 00-123 Page 9 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): #of Rate Per Physical #of Assessment Assessment Assessment Land Use Unit Type Physical Units Units Unit Revenue Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Multi-Family Parcel 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 TOTAL $483,560.00 The Proposed Annual Assessment against the Property is: 40 Parcels x I A.U.Factor x $17.77 Rate Per A.U.= $710.80 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO.3(VICTORIA PLANNED COMMUNITY) The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned Community): #of Rate Per Physical #of Physical Assessment Assessment Assessment land Use I Jail Type Units Units Factor Units Unit Revenue Single Parcel 4,071.00 1.00 4,071.00 $47.15 $191,948.00 Family Multi- Parcel 388.00 1.00 388.00 $47.15 $18,294.000 Family Commercial Acre 78.79 2.00 157.58 $47.15 $7,430.00 TOTAL $217,672.00 The Proposed Annual Assessment against the Property is: 2 Parcels'x I A.U. Factor x $47.15 Rate Per A.U._ $1,273.05 Annual Assessment C- 1 Resolution No. 00-123 Page 10 of 10 EXHIBIT C(Continued) LANDSCAPE MAINTENANCE DISTRICT NO.2(VICTORIA PLANNED COMMUNITY) The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned Communiy): #of Assessment #of Rate Per Physical Units Assessment Assessment Land I lce Type Units Factor Units Unit Revenue Single Parcel 4071 1.0 4071 $422.00 $1,717,960.00 Family Mule- Parcel 388 1.00 388 $422.00 $163,740.00 Family Comm/Ind. Acre 24,676 2.00 49.352 422.00 $20,830.00 Vacant Acre 405.13 0.25 101.2825 422.00 $42,740.00 0 TOTAL $192,270.00 The Proposed Annual Assessment against the Property is: 27 dwelling units x 1 A.U.Factor x $422.00 Rate Per A.U._ $11,394.00 Annual Assessment C-2