HomeMy WebLinkAbout01-136 - Resolutions RESOLUTION NO. 01-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CUP 99-49
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. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District
No. 6 (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
Resolution No. 01-136
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 XI I 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. 01-136
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 6`h day of June 2001.
AYES: Alexander, Biane, Dutton, Williams
NOES: None
ABSENT: Curatalo
ABSTAINED: None
William J. Ale nder, Mayor
ATTEST:
Debra J. Adams, 0191C, 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 6`h day of June 2001.
Executed this 7`h day of June, at Rancho Cucamonga, California.
0
'Debra J. Ad ms MC, City Clerk
Resolution No. 01-136
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Evergreen-Haven,Limited Partnership,
An Arizona Limited Partnership
The legal description of the Property is:
THAT PORTION OF LOT 5 OF FOOTHILL FROSTLESS FRUIT COMPANY TRACT NO.2,IN
THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,AS PER MAP RECORDED IN BOOK 20 PAGE 34 OF MAPS,IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 5 WITH
THE WESTERLY LINE OF HAVEN AVENUE AS DESCRIBED IN DEED TO THE COUNTY
OF SAN BERNARDINO RECORDED AUGUST 27,1958,IN BOOK 4588 PAGE 284,OFFICIAL
RECORDS OF SAID COUNTY RECORDER; THENCE, ALONG SAID WESTERLY LINE,
NORTH 00018'48"EAST 42.73 FEET TO THE MOST NORTHERLY CORNER OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 23, 1998,
AS DOCUMENT NO. 19980451487, OFFICIAL RECORDS OF SAID COUNTY RECORDER
AND THE TRUE POINT OF BEGINNING THENCE, CONTINUING ALONG SAID
WESTERLY LINE,NORTH 00°18'48" EAST 292.69 FEET TO THE SOUTHERLY LINE OF
THE NORTHERLY 296.00 FEET OF SAID LOT 5;
THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 89053'00" WEST 200.11 FEET;
THENCE,PARALLEL WITH SAID WESTERLY LINE,SOUTH 00°18'48"WEST 335.42 FEET
TO THE SOUTHERLY LINE OF SAID LOT 5;
THENCE,ALONG SAID SOUTHERLY LINE,SOUTH 89°53'58"EAST 122.79 FEET TO THE
MOST WESTERLY CORNER OF SAID DOCUMENT NO. 19980451487,BEING A POINT OF
NON-TANGENT CURVATURE CONCAVE SOUTHERLY HAVING A RADIUS OF 531.71
FEET,A RADIAL LINE TO SAID CURVE BEARS NORTH 08041'32"WEST;
THENCE, ALONG SAID CURVE AND NORTHERLY LINE OF SAID DOCUMENT NO.
19980451487 IN AN EASTERLY DIRECTION,THROUGH A CENTRAL ANGLE OF 5028'23",
AN ARC DISTANCE OF 50.79 FEET;
THENCE,ALONG THE NORTHWESTERLY LINE OF SAID DOCUMENT NO. 19980451487,
NORTH 35042'03"EAST 46.36 FEET TO THE TRUE POINT OF BEGINNING.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
A- 1
Resolution No. 01-136
Page 5 of 9
EXHIBIT 'A" -2
PARCEL MAP NO. 5808 PMB 5/7-8 CURVE BLE
URVE IENCTH IUS DELTA
PARCEL 3 PARCEL 2 1 CIL 50.79'1 531.71 05'28'23"
u,
569'53'00"W 200.11'
N 0 r UNE TABLE
w I ff ai LINE LENGTH BEARING
SLY UNE NtY 296' z j� L7 46.36' N35'42'03'E
to F- LOT 5 FOOTHILL FROSTLESS S" I "�
TR. NO. 2 M.B. 20/34 <m A L2 42.73' NOD'18'48'E
Z N 0 Z 'L3 77.32' S89'53'58-W
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DAM R GRAY, WC
2510-G LLS POSAS ROAD /456
/ CAMARILLO, CA 93010
805-987-3945 006-987-1555 FAX
JOB NO. 9904 OCTOBER 2000 SS 573-94
Resolution No. 01-136
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO.3B(COMMERCIAL/INDUSTRIAL):
Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the
Commercial/Industrial Maintenance District. 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 landscape sites that are maintained by this district consist of median islands,
parkways,street trees,entry monuments,the landscaping within the Metrolink Station and 22.87
acres of the Adult Sports Park(not including the stadium,parking lots or the maintenance
building.
STREET LIGHT 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.6(COMMERCIALANDUSTRIAL):
Street Light Maintenance District No.6(SLD 46)is used to fund the maintenance and/or installation
of street lights and traffic signals located on commercial and industrial streets throughout the City
but excluding those areas already in a local maintenance district. Generally this area encompasses
the industrial area of the City south of Foothill Boulevard. 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 industrial or commercial streets and
traffic signals(or a portion thereof)on industrial or commercial streets generally south of Foothill
Boulevard.
B - 1
Resolution No. 01-136
Page 7 of 9
Exhibit`B"continued
Proposed additions to Work Program(Fiscal Year 2001/2002)
For Project: CUP 99-49
Number of Lamps
Street Lights 5800L 9500L 16,0001, 22,0001, 27,5001,
SLD# 1 --- 2 --- ---
SLD#6 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 3B --- --- --- 12
'Existing items installed with original project
Assessment Units by District
Parcel Acres Si S6 L 3B
1.52 3 1.5 1.5
B -2
Resolution No. 01-136
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO.3B(COMMERCIALANDUSTRIAL):
The rate per assessment unit(A.U.) is $352.80 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 3B
(Commercial/Industrial):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Comm/Ind Acre 1849.01 1.0 1849.01 $352.80 $652,330.73
The Proposed Annual Assessment against the Property(CUP 99-49):
1.52 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $53626 Annual Assessment
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 #of Rate Per
Physical Physical Assessment Assessment Assessment
_ land Ilse Unit Tyne I Jnitq l Tnits Factor Units Unit it R v e
Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Family
Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00
Family
Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00
TOTAL $483,560.00
The Proposed Annual Assessment against the Property(CUP 99-49) is:
1.52 Acres x 2 A.U. Factor x $17.77 Rate Per A.U.= $54.02 Annual Assessment
C- l _
Resolution No. 01-136
Page 9 of 9
Exhibit"C" continued
STREET LIGHT MAINTENANCE DISTRICT NO.6(COMMERCIAL/INDUSTRIAL):
The rate per assessment unit(A.U.) is $51.40 for the Fiscal Year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No.6(Commercial/Industrial):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit. . Revenue
Comm/Ind Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00
The Proposed Annual Assessment against the Property(CUP 99-49)is:
1.52 Acres x 1 A.U.Factor x $51.40 Rate Per A.U_ _ $78.13 Annual Assessment
C -2