HomeMy WebLinkAbout04-344 - Resolutions RESOLUTION NO. 04-344
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 DRC2001-00572
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 Landscape Maintenance District 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 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. 04-344
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 amount snot to exceed the amounts set forth in Exhibit B hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVE 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 determine 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. 04-344
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 17'' of November 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
illiam J. AI sander, M yor
ATTEST:
A- A�tJ. Ada s, MC, 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 17`h of November 2004.
Executed this 18`h of November 2004, at Rancho Cucamonga, California.
Debra J. Adams, OMC7, City Clerk
Resolution No. 04-344
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
MCDONALD'S CORPORATION
The legal description of the Property is:
THE WEST 185 OF THE EAST 500 FEET OF THE NORTH 330 FEET OF THE NORTH %Z OF
THE NORTHEAST 1/40F THE NORTHEAST 1/40F THE SECTION 10, TOWNSHIP 1 SOUTH,
RANGE 7 WEST, OF SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL GOVERNMENT PLAT THEREOF, AND AS RECORDED IN BOOK 4, PAGE 9, OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
EXCEPTING THEREFROM THAT PORTION NORTH OF THE SOUTH LINE, OF THE
PORTION DEEDED TO THE STATE OF CALIFORNIA, IN A DEED RECORDED MAY 2, 1930
IN BOOK 611, PAGE 233, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTH 10 FEET.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE WEST 165 FEET OF
THE NORTH 330 FEET OF THE EAST 660 FEET OF THE NORTH %2 OF THE NORTHEAST
'/4 OF THE NORTHEAST OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN
BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN GRANT DEED RECORDED MAY
27, 1998, INSTRUMENT NO. 19980203514, OFFICIAL RECORDS.
The above described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 04-344
Page 5 of 9
EXHIBIT"A"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO.38
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6
_ EXiST MEAIAI�-
_ 500_ -__ _ _ A
- - F ^ -� - - - 185'_ - _ 315- -
�.. FOOTHILL BOULEVARD(ROUTE 66) 1
1 q 8' CURB LINE i
EXISTING RIGHT F- T LINE�\
LO
1
I PUBLIC SIDEWALK o° 1
EASEMENT LINE I o
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OCZ001-005'7Z I I�
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NE i/4 SEC 10, ..
TIS ff7W SBM PER
MAP Or CUCAMONGA LANDS
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I I 50'
0'
_ ALLEY
500'
LEGEND
16000 L HP5V 5TREET Lir4H-r
6 NEJ 5TREET TREES
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA DRC2001-00572
Resolution No. 04-344
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 313 (COMMERCIAL/INDUSTRIAL):
Landscape Maintenance District No. 3B (LMD #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.
Proposed additions to Work Program (Fiscal Year 2004/2005)
For Project: DRC2001-00572
Resolution No. 04-344
Page 7 of 9
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLMD # 1 --- 1 --- ---
SLMD #6 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID #3B --- --- --- 6
`Existing items installed with original project (DRC2001-00572)
Assessment Units by District
Parcel Acres SLMD1 SLMD6 LMD36
N/A 1.10 2.20 1.10 1.10
Resolution No. 04-344
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2004/2005
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 U% _ Unit Imoe Units Units Units Unit Revenue
Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 $771,520.68
The Proposed Annual Assessment against the Property (DRC2001-00572) is:
1.10 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $388.08 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
Land Use Unit Imi2e UnitsUnits Factor Units Unit Revenue
Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31
Family
Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54
Family
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 (DRC2001-00572) is:
1.10 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $39.09 Annual Assessment
Resolution No. 04-344
Page 9 of 9
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/1 nd ustrial):
# of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units 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 (DRC2001-00572) is:
1.10 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $56.54 Annual Assessment