HomeMy WebLinkAbout01-149 - Resolutions RESOLUTION NO. 01-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 313 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 00-76
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. 36, 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. 01-149
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 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
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,certifications and signatures
Resolution No. 01-149
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 20`h day of June 2001.
AYES: Alexander, Biane, Curatalo, Williams
NOES: None
ABSENT: Dutton
ABSTAINED: None
illiam J. Al ander, Mayor
ATTEST:
Debra J. Ad , CMC, City Clerk
I, DEBRAJ.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 201h day of June 2001.
Executed this 21't day of June 2001, at Rancho Cucamonga, California.
Debra J. Adam MC, City Clerk
Resolution No. 01-149
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
KHOSRO KHALOGHLI,A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY
The legal description of the Property is:
THE WESTERLY 408 FEET OF THE EASTERLY 816 FEET OF LOTS 11 AND
14 OF 11 AND 14 OF SECTION 13, TOWNSHIP 1 SOUTH,RANGE 7 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP OF
CUCAMONGA FRUIT LANDS, AS PER PLAT RECORDED IN BOOK 4 OF
MAPS,PAGE 9,RECORDS OF SAID COUNTY
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 11, LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 11,
WHICH POINT IS 1067.60 FEET NORTH OF THE SOUTHEASTERLY CORNER
OF SAID LOT 14;THENCE NORTH 89'39'57"WEST AND PARALLEL WITH
THE SOUTHERLY LINE OF SAID LOT 14 TO A POINT IN THE WESTERLY
LINE OF SAID LOT 11.
NOTE: AREA AND DISTANCES ARE COMPUTED TO THE CENTER LINES
OF THOSE CERTAIN STREETS ADJOINING SAID LOT 14 ON THE SOUTH
AND SAID LOTS 14 AND 11 ON THE EAST,AS SHOWN ON THE RECORDED
MAP OF SAID TRACT.
ASSESSOR'S PARCEL NO.0209-411-12-0-000
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
A— 1 DR 00-76
Resolution No. 01-149
Page 5 of 9
I
EXHIBIT"A"
ASSESSMENT DIAGRAM
I LANDSCAPE MAINTENANCE DISTRICT NO. l
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2
I- POK LOT l +
Lj
La
V) -DR_
0
V
z
W
J
+ M STREET
LEGEND
NEW 9500 L ST. LIGHT
A
NORTfI
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO DR 0076
STATE OF CALIFORNIA
Resolution No. 01-149
Page 6 of 9
Exhibit B
To
Description
'soft a Di tract improvements
cal
ar
01
LANDSCAPE MAINTENANCE DISTRICT No.3B(COMMERCIAL/INDUSTRIAL):
Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the
Maintenance District. ese sites are
ted with areas within that
Commercialindustrial benefit derived from the 1at'dscape instllationacan be directly attributed to
district and as such any
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):
alc arterial streets throughout the City. The facilities within
located on
Street Light Maintenance District No. I (SLE)#1)is used to fund the maintenance and/or installation
of street lights and traffic sign
. ave been determined
ity as a whole on
ng
i equal bas
is ssiand located such those costs assocated with the maintenance benefit
nanceanlC
and/or installation of the
an
facilities is assigned to the City-wide district.
ial streets and traffic
The sites maintained by the district const street
lights
onnts of streets dedi ate er to thea Ci y ls n
arterial streets within the rights-of-way designated
STREET LIGHT MAINTENANCE DISTRICT No.6(COMMERCIAL/INDUSTRIAL):
D#6)is used to fund the maintenance and/or installation
SVeet Light Maintenance District No.6(SL
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.
lights on
or commercial streets
The sites maintained bythe district
on industrial orcotnmercialindustrial
consi! treetngenerally south of Foothill
street
traffic signals(or a portion
Boulevard.
DR 00-76
B- 1
Resolution No. 01-149
Page 7 of 9
Exhibit`B"continued
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: DR 00-76
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,0001- 27,500L
SLD# I --- 3 --- --- ---
SLD#6 --- --- ___
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
1,313 --- --- --- 12
*This D.R.will add three street lights and 12 street trees.
Assessment Units by District
Parcel Acres Sl S6 L 3B
N/A 9.44 18.88 9.44 9.44
B-2 DR 00-76
Resolution No. 01-149
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO.3B(COMMERCIAL/INDUSTRIAL):
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(DR 00-73)is:
9.44 Acres x 1 A.U.Factor x $352.80 Rate Per A.U._ $3,330.43 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
" e Unit Type knits I Jn ON Factor Units Unit Revenue
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(DR 00-73)is:
9.44 Acres x 2 A.U.Factor x $17.77 Rate Per A.U._ $335.50 Annual Assessment
C- 1 DR 00-76
Resolution No. 01-149
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(Commercial4ndustrial):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
I and Ilse Unit Tyne linits I(nits Factor Units knit Revenue
Comm/Ind Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00
The Proposed Annual Assessment against the Property(DR 00-73)is:
9.44 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $485.22 Annual Assessment
C-2 DR 00-76