HomeMy WebLinkAbout05-284 - Resolutions RESOLUTION NO. 05-284
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 DRC2003-01174
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. 05-284
Page 2 of 8
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 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 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. 05-284
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 5`h day of October 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Ale ander, Mayor
ATTEST:
Debra J. kgs, 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 5'h day of October 2005.
Executed this 6'h day of October 2005, at Rancho Cucamonga, California.
Debra J. A a CMC, City Clerk
Resolution No. 05-284
Page 4 of 8
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
H.D. Rancho Cucamonga Associates, L.P.
The legal description of the Property is:
Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California,
described as follows:
THAT PORTION OF THE SOUTH '/2 OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 7
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED
SEPTEMBER 18, 1865, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTH LINE OF THE SOUTH 986.04 FEET OF SAID
SOUTH Y2 OF SECTION 12, WHICH POINT IS 3,207 FEET EAST OF THE CENTER LINE OF
HAVEN AVENUE, SAID POINT ALSO BEING ON THE CENTER LINE OF VINCENT AVENUE,
IF EXTENDED NORTHERLY AS SAID VINCENT AVENUE WAS CONVEYED TO THE
COUNTY OF SAN BERNARDINO BY DEEDS RECORDED JULY 7, 1967, IN BOOK 6833,
PAGE 63, OF OFFICIAL RECORDS, AND AUGUST 2, 1967, IN BOOK 6866, PAGE 560, OF
OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE NORTHERLY PROLONGATION
OF THE CENTER LINE OF VINCENT AVENUE, 550 FEET; THENCE EAST, PARALLEL WITH
THE SOUTH LINE OF SAID SECTION 12, 480.02 FEET TO THE NORTHEAST CORNER OF
THE PROPERTY CONVEYED TO M-2 LEASING CO., BY DEED RECORDED AUGUST 30,
1968, IN BOOK 7086, PAGE 260, OF OFFICIAL RECORDS. BEING ALSO THE TRUE POINT
OF BEGINNING; THENCE SOUTH, PARALLEL WITH THE NORTHERLY PROLONGATION
OF THE CENTER LINE OF VINCENT AVENUE, 550 FEET TO THE NORTH LINE OF SAID
SOUTH 986.04 FEET; THENCE NORTH 89 DEG. 59' 30" EAST ALONG THE NORTH LINE
OF SAID SOUTH 986.04 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE
WESTERLY LINE OF THE PROPERTY CONVEYED TO MAURICE G. COVINGTON, A
MARRIED MAN, BY DEED RECORDED DECEMBER 18, 1970, IN BOOK 7575, PAGE 533,
OF OFFICIAL RECORDS; THENCE NORTH 0 DEG. 15' 40" WEST, PARALLEL WITH THE
EAST LINE OF SAID SECTION 12, A DISTANCE OF 550 FEET, MORE OR LESS, TO THE
EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE SAID LAND CONVEYED
TO M-2 LEASING CO. BY DEED RECORDED AUGUST 30, 1968, IN BOOK 7086, PAGE 260,
OF OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID PROLONGATION TO THE
TRUE POINT OF BEGINNING.
AP N: 0209-145-08-0-000
Resolution No. 05-284
Page 5 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Yeal 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 313 (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.
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.
The 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. 05-284
Page 6 of 8
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2005/2006)
For Project: DRC2003-01174
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,5001,
SLD # 1 --- 3 --- --- ---
SLD #6 --- --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 36 --- --- 10
*Existing items installed with original project
Assessment Units by District
Parcel DU or Acres S1 S6 L 3B
1 5.9 11.8 5.9 5.9
Resolution No. 05-284
Page 7 of 8
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 2005/06. 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 2186.85 1.0 2186.85 $352.80 $771,520.68
The Proposed Annual Assessment against the Property (DRC2003-01174) is:
5.9 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $2,081.52 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS)
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. 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 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 (DRC2003-01174) is:
5.9 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $209.69 Annual Assessment
Resolution No. 05-284
Page 8 of 8
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 2005/06. 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 Tvoe 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 (DRC2003-01174) is:
5.9 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $303.26 Annual Assessment