HomeMy WebLinkAbout04-195 - Resolutions RESOLUTION NO. 04-195
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, 2 AND 6 FOR DRCDR00-79
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 Nos. 1, 2 and 6
(referred to collectively as the ("Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the
annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the
preparation of 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 owner of
property within the territory to be annexed; and
WHEREAS, notwithstanding the such provisions of the 72 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 72 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. 04-195
Page 2 of 11
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 72 Act
and/or Article X:IIID applicable to the authorization to 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 to 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 B hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are all true and correct.
SECTION 2: This 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 Improvements.
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 levy
of all assessments, shall be applicable to the Territory.
Please see the followingpage
9
for formal adoption,certification and signatures
Resolution No. 04-195
Page 3 of 11
PASSED, APPROVED, AND ADOPTED this 16`h day of June 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
illiam J. 72nder, Mayor
ATTEST:
&AC 9—�
e ra J. Ada , CMC, 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 16`h day of June 2004.
Executed this 17`h day of June 2004, at Rancho Cucamonga, California.
ebra J. AdVns, CMC, City Clerk
Resolution No. 04-195
Page 4 of 11
Exhibit A
To
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
BURNETT DEVELOPMENT CORPORATION
Title to said estate or interest at the date hereof is vested in:
The legal description of the Properties are:
Parcel of land, situated in the City Rancho Cucamonga, County of San Bernardino, State of
California, being Parcel Nos. 2 and 4 as described in that certain Certificate of Compliance No.
536 for Lot Line Adjustment recorded October 2, 2002 as Document No. 20020522990 of
Official Records of said San Bernardino County, California
The Owner of the Property is:
UNITED DOMINION REALTY TRUST
Title to said estate or interest at the date hereof is vested in:
The legal description of the Properties are:
Parcel of land, situated in the City Rancho Cucamonga, County of San Bernardino, State of
California, being Parcel No. 3 as described in that certain Certificate of Compliance No. 536 for
Lot Line Adjustment recorded October 2, 2002 as Document No. 20020522990 of Official
Records of said San Bernardino County, California
The above described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 04-195
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ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO .
STREET LIGHTING MAINTENANCE DISTRICT NOS. t .
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CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
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Resolution No. 04-195
Page 6 of 11
Exhibit B
To
Description of the District Improvements
Fiscal Year 2003/2004
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.
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL)
Landscape Maintenance District No. 313 (LIVID #313) 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.
Resolution No. 04-195
Page 7 of 11
Exhibit "B" continued
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.
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 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.
This 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.
Resolution No. 04-195
Page 8 of 11
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2004/2005)
For Project: DRCDR00-79
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 --- --- 10 --- ---
SLD # 6 3 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 3B --- --- --- 55
*Existing items installed with original project
Assessment Units by District
Parcel Acres S1 S2 S6 L1 L 3B
Parcel 2 1.88 acres --- --- 1.88 --- 1.88
Parcel 3 414 units 414 414 --- 207 ---
Parcel 4 8.02 acres 16.04 --- 8.02 --- 8.02
Resolution No. 04-195
Page 9 of 11
Exhibit C
Proposed Annual Assessment
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY)
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2004/05. 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 7,699 1.0 7,951 $92.21 $709,924.79
Family
Multi-
Family Units 7,091 0.5 3,545.5 $92.21 $326,930.56
Comm/Ind. Acre 2 1.0 2 $92.21 $184.42
TOTAL $1,037,039.77
The Proposed Annual Assessment against the Property (DRCDR00-79) is:
Parcel 3: 414 x 0.5 A.U. Factor x $92.21 Rate Per A.U. _ $19,087.47 Annual Assessment
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2004/05. 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 TvDe Units Units Factor Unmtq Unit Rpvpniia
Comm/Ind Acre 2,115.92 1.0 2,115.92 $352.80 $746,496.58
The Proposed Annual Assessment against the Property (DRCDR00-79) is:
Parcel 2 1.88 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $663.26 Annual Assessment
Parcel 4 8.02 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $2,832.98 Annual
Assessment
Resolution No. 04-195
Page 10 of 11
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2004/05. 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
and Use I Init Tyne Units Units Factor Units Unit Revenue
Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31
Family
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 (DRCDR00-79) is:
Parcel 2 1.88 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $66.82 Annual Assessment
Parcel 4 8.02 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $285.03 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS)
The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2004/05. 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 5798 1.00 5798 $39.97 $246,042.00
Family
Commercial Acre 19.05 1.00 19.05 $79.94 $1,522.86
Total $280,073.79
The Proposed Annual Assessment against the Property (DRCDR00-79) is:
Parcels 3: 414 x 1 A.U. Factor x $39.97 Rate Per A.U. _ $16,547.58 Annual Assessment
Resolution No. 04-195
Page 11 of 11
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 2004/05. 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 Ivr)e Units Units Factor Units Unit Rpvpnijp
Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01
The Proposed Annual Assessment against the Property (DRCDR00-79) is:
Parcel 2 1.88 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $96.63 Annual Assessment
Parcel 4 8.02 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $412.74 Annual Assessment