HomeMy WebLinkAbout04-084 - Resolutions RESOLUTION NO. 04-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NOS. 1 AND 3B AND STREET
LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR
PARCEL MAP 16245
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 Nos. 1 and 3B and 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 f orms entitled "Consent And W aiver 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. 04-084
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.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 04-084
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 17`h day of March 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
4 du
Willia aJ. er, ayor
ATTEST:
L&C�9Yr���
ebra J. Ad , CMC, City Clerk
I, DEBRAJ.ADAMS,CITY CLERKof 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 CityCouncil held
on the 17th day of March 2004.
Executed this 18th day of March 2004, at Rancho Cucamonga, California.
Aa&U-';�' e�e�
Debra J. Ada s, CMC, City Clerk
Resolution No. 04-084
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
JEFFERSON AT FOURTH, L.P.,
The legal description of the Property is:
PARCEL 7 OF PARCEL MAP NO. 14647, IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 177
OF PARCEL MAPS, PAGE(S) 90 TO 96, INCLUSIVE, RECORDS OF SAID COUNTY; AS
AMENDED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 25, 1995,
INSTRUMENT NO. 95-369354, OFFICIAL RECORDS.
(PARCEL NOS. 1 AND 2 OF PARCEL MAP 16245)
Resolution No. 04-084
Page 5 of 9
EXHIBIT W»
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO.3B AND I '
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6
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PROJECT
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CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO LLnn
STATE OF CALIFORNIA
Resolution No. 04-084
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 313 (COMMERCIALIINDUSTRIAL)
Landscape Maintenance District No. 3B (LIVID #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 associated with 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 (COMMERCIAL/INDUSTRIAL):
Street Light Maintenance District No. 6 (SLD #6) 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
industrial or commercial streets and traffic signals (or a portion thereof) on industrial or
commercial streets generally south of Foothill Boulevard.
Resolution No. 04-084
Page 7 of 9
Exhibit "B" continued
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 that 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.
Proposed additions to Work Program (Fiscal Year 2003/2004)
For Project: PM 16245
Number of Lamps
Street Lights 5800L 9500L 16 OOOL 22,000L 27,500L
SLD # 1
SLD #6 14
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID #3B
LIVID # 1 29
'Existing items installed with original project
Assessment Units b District
Parcel DU or Acres S 1 S 6 L 1 L 3B
1 467 Units 233.50
2 4.22 Acres 1 8.44 4.22 4.22
Resolution No. 04-084
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL)
The rate per assessment unit (A.U.) is $422.00 for the fiscal year2003/04. The following table
summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned
Community):
# of Assessment #of Rate Per
Physical Units Factor Assessment Assessment
Land Use Type Units Units Unit Revenue
Comm/Ind. Acre 2,115.92 1.0 2,115.92 $352.80 $746,496.58
The Proposed Annual Assessment against the Property (Parcel 2 of Parcel Map 16245) is:
4.22 Acres x 1 A.U. Factor x$352.80 Rate Per A.U. _ $1,488.82 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT N0. 1 (ARTERIAL STREETS)
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. 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
Family Parcel 19,803 1.00 19,803 $17.77 $351,899.31
Multi-Family Unit 7,402 1.00 7,402 $17.77 $131,533.54
Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66
TOTAL $564,777.51
The Proposed Annual Assessment against the Property (Parcel 1 and 2 of Parcel Map 16245)is:
4.22 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $149.98 Annual Assessment
467 Multi-Family Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $8,298.59 Annual Assessment
Resolution No. 04-084
Page 9 of 9
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY):
The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2003/04. The following table
summarizes the assessment rate for Street Light Maintenance District No.6(Commercial/Industrial)
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Comm/Ind Acre 1,994.74 1.00 1,994.74 $51.40 $102,529.64
The Proposed Annual Assessment against the Property (Parcel 2 of Parcel Map 16245) is:
4.22 Acres x 1 A.U. Factor x$51.40 Rate Per A.U. _ $216.91 Annual Assessment
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY)
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2002/03. 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 7699 1.0 7699 $92.21 $709,924.79
Family
Multi- Parcel 7091 0.5 3545.5 $92.21 $326,930.56
Family
Comm/Ind. Parcel 2 1.0 2 $92.21 $184.42
TOTAL $1,037,039.77
The Proposed Annual Assessment against the Property (Parcel 1 of Parcel Map 16245) is:
467 Multi-Family units x 0.5 A.U. Factor x$92.21 Rate Per A.U. _ $21,531.04 Annual Assessment