HomeMy WebLinkAbout06-258 - Resolutions RESOLUTION NO. 06-258
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 DRC2002-00116
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 special maintenance district known and designated as
Landscape Maintenance District No. 313, 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. 06-258
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 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 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. 06-258
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 16'h day of August 2006.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Ales n er, Mayor
ATTEST:
Debra J. Adams, C, 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 161h day of August 2006.
Executed this 17`h day of August 2006, at Rancho Cucamonga, California.
46.A �
Debra J. Adam MC, City Clerk
Resolution No. 06-258
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property are:
Eagle Family Limited Partnership
The legal description of the Property is:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN BERNARDINO, AND IS DESCRIBED AS FOLLOWS:
THE WESTERLY 1/2 OF LOT 89, MAP OF ROCHESTER, AS SHOWN BY MAP ON FILE IN
BOOK 9 PAGE(S) 20, OF MAPS, RECORDS OF SAID COUNTY, TOGETHER WITH THE
EAST 60 FEET OF ORANGE AVENUE, ADJOINING SAID LOT 89 ON THE WEST, AS
VACATED AT A MEETING OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO
COUNTY A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 18, 1936 IN BOOK
1177 PAGE 320 OF OFFICIAL RECORDS;
EXCEPTING THEREFROM THE EAST 70 FEET CONVEYED TO THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED NOVEMBER 22, 1941 IN
BOOK 1507 PAGE 319 OF OFFICIAL RECORDS;
ALSO EXCEPTING THE WESTERLY 50 FEET OF THE EASTERLY 120 FEET OF THE WEST
1/2 OF LOT 89, AS CONVEYED TO THE SOUTHERN CALIFORNIA EDISON COMPANY, A
CORPORATION, RECORDED AUGUST 29, 1962 IN BOOK 5759 PAGE 242 OF OFFICIAL
RECORDS;
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF
CALIFORNIA, BY DEED RECORDED FEBRUARY 11, 1972 IN BOOK 7856 PAGE 700 OF
OFFICIAL RECORDS;
ALSO EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE EASTERLY
LINE OF THE BEFORE MENTIONED PORTION TO THE STATE OF CALIFORNIA;
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 89, MAP OF ROCHESTER, AS
SHOWN BY MAP ON FILE IN BOOK 9 PAGE(S) 20, OF MAPS, RECORDS OF SAID
COUNTY, LYING EASTERLY OF THE SOUTHERLY PROLONGATION OF THAT CERTAIN
COURSE HAVING A BEARING AND LENGTH OF SOUTH 00 11'19" WEST 10.76 FEET IN
PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 11, 1972 IN
BOOK 7586 PAGE 700 OF OFFICIAL RECORDS.
The above described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 06-258
Page 5 of 9
EXHIBIT"A"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 3B
(0TH STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6
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CITY OF RANCHO L'UCAIVIOIV(GA NORTH
COUNTY OF SAN BERNARI INO
STA7E OF CALIFORNIA DRC2002-00Iiu
A - 7
Resolution No. 06-258
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2006/2007
LANDSCAPE MAINTENANCE DISTRICT NO. 313 (COMMERCIAL/INDUSTRIAL):
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 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. 06-258
Page 7 of 9
Exhibit"B" continued
Proposed additions to Work Program (Fiscal Year 2006/2007)
For Project: DRC2002-00116
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD# 1
SLD#6
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID# 3B
*Existing items installed with original project
Assessment Units by District
Parcel Acres S1 S6 L 3B
1.23 2.46 1.23 1.23
Resolution No. 06-258
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2006/2007
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAUINDUSTRIAL):
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2006/07. 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 (DRC2002-00116) is:
1.23 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. _ $433.94 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2006/07. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
# of Assessment # of Rate Per
Physical Physical Units Factor Assessment Assessment
Land Use Unit Type Units 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 (DRC2002-00116) is:
1.23 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. _ $43.71 Annual Assessment
Resolution No. 06-258
Page 9 of 9
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMM ERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2006/07. 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 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 (DRC2002-00116) is:
1.23 Acre x 1 A.U. Factor x $51.40 Rate Per A.U. _ $63.22 Annual Assessment