HomeMy WebLinkAbout04-197 - Resolutions RESOLUTION NO. 04-197
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 DRC2003-00732
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 (the "72 Act"), said 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 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. 04-197
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 72 Act
and/or Article XIIID 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 following page
for formal adoption,certification and signatures
Resolution No. 04-197
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 16`h day of June 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
GF,2
William J. Ale? nder, Mayor
ATTEST:
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bra J. Adam , 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.
Debra J. AcWs, CMC, City Clerk
Resolution No. 04-197
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property is:
BATES — EVERGREEN PARTNERS, LLC AND STADIUM PLAZA SOUTH, LLC
The legal description of the Property is:
Lot(s) 107 and the South one-half of Lot 108 of Rochester, in the City of Rancho Cucamonga,
County of San Bernardino, State of California, as per map recorded in Book 9 Page(s) 20 of
Maps, in the office of the County Recorder of said County, together with the East 60 feet of
Orange Avenue adjoining said Lots on the West as vacated and abandoned by order of Board
of Supervisors of San Bernardino City, a certified copy of which was recorded December 18,
1936 in Book 1177 of Official Records, Page 320, in the office of the County Recorder of said
County.
Except therefrom that portion granted to Southern Surplus Realty, Co., a California Corporation,
by a deed recorded March 1, 1974 as Instrument No. 107, Official Records, and described as
follows:
The Westerly 310.00 feet of the Easterly 370.00 feet of said Lot 107 and the Westerly 310 of
the Easterly 370.00 feet of the South one-half of said Lot 108.
Also except therefrom the Easterly 60 feet of said Lot 107 and the Easterly 60 feet of the South
one-half of said Lot 108 as granted to the Flood Control District by a deed recorded October 16,
1981 as Instrument No. 81-229553, Official Records.
Lot(s) 106 of Map of Rochester, in the City of Rancho Cucamonga, County of San Bernardino,
State of California, as per map recorded in Book 9 Page(s) 20 of Maps, in the office of the
County Recorder of said County.
Together with the East 60 feet of Orange Avenue adjoining said Lot on the West as vacated
and abandoned by order of Board of Supervisors of San Bernardino County, a certified copy of
which was recorded December 18, 1936, in Book 1177, Page 320, Official Records.
Except that portion of property herein described, conveyed to San Bernardino County Flood
Control District, by deed recorded November 1, 1960, in Book 5273, Page 94, Official Records.
Also except therefrom that portion of Lot 106, conveyed to Mono Power Company by deed
recorded January 4, 1973, in Book 9083, Page 139, Official Records.
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Resolution No. 04-197
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL)
Landscape Maintenance District No. 3B (LIVID #36) 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 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. 04-197
Page 7 of 9
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2003/2004)
For Project: DRC2003-00732
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 --- 2 --- ---
SLD # 6 8 3 --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 3B --- --- 43
*Existing items installed with original project
Assessment Units by District
Parcel Acres S1 S6 L 3B
1 9.2 18.4 9.2 9.2
2 7.42 14.84 7.42 7.42
Resolution No. 04-197
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 $352.80 for the fiscal year 2003/04. 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 Tyne Units LJnqtq Factor units Unit R v n i
Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 $771,520.68
The Proposed Annual Assessment against the Property (DRC2003-00732) is:
Parcel 1: 9.20 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $3,245.76 Annual
Assessment
Parcel 2: 7.42 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $2,617.78 Annual
Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 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
I and UcP I Init Tyne I Inits Units Factor Units Unit RPVPnuP
Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27
Family
Multi-Family Unit 8,540 1.00 8,540 $17.77 $151,755.80
Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99
TOTAL $612,207.06
The Proposed Annual Assessment against the Property (DRC2003-00732) is:
Parcel 1: 9.20 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $326.97 Annual Assessment
Parcel 2: 7.42 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $263.71 Annual Assessment
Resolution No. 04-197
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 2003/04. 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 Tvne Unit., Units Factor Units Unit Revenue__
Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01
The Proposed Annual Assessment against the Property (DRC2003-00732) is:
Parcel 1: 9.20 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $472.88 Annual Assessment
Parcel 2: 7.42 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $381.39 Annual Assessment
C-2