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HomeMy WebLinkAbout06-318 - Resolutions RESOLUTION NO. 06-318 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 PARCEL MAP 17653 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 "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No. 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 1972 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 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. 06-318 Page 2 of 10 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 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. 06-318 Page 3 of 10 PASSED, APPROVED, AND ADOPTED this 181h day of October 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None F 4rderMayor William J. Alex ATTEST: C4/tul"Z Y� Ova- R—athryA L. Sc tt, CMC, Deputy City Clerk I, KATHRYN L. SCOTT, DEPUTY 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 18`h day of October 2006. Executed this 19`h day of October 2006, at Rancho Cucamonga, California. 'edl., V &"� Kathryn L. 1coft, CMC, Deputy City Clerk Resolution No. 06-318 Page 4 of 10 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: General Latex and Chemical Corporation, a Massachusetts Corporation The legal description of the Property is: THAT PORTION OF THE SOUTH '/3 OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY SURVEYOR GENERAL, DATED SEPTEMBER 18, 1865, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 1026.04 FEET OF SAID SECTION 12, WITH THE WESTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY AS DESCRIBED IN DEED RECORDED FEBRUARY 6, 1914, IN BOOK 542, PAGE 243 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 890 59' 30" WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 1092.03 FEET; THENCE NORTH 00 15' 40" WEST, PARALLEL WITH THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 510.00 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED TO M-2 LEASING CO., RECORDED AUGUST 30, 1968 IN BOOK 7086, PAGE 260 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 890 59' 30" EAST ALONG LAST SAID LINE A DISTANCE OF 687.83 FEET TO THE BEGINNING OF A TANGENT CIRCULAR CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 410.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND DISTANT NORTHEASTERLY FROM 10.00 FEET, MEASURED RADIALLY, FROM THAT CERTAIN CURVE DESCRIBED IN EASEMENT TO SAID RAILWAY RECORDED IN BOOK 7409, PAGES 723 THROUGH 728 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A RADIUS OF 400.00 FEET AND A LENGTH OF 576.64 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CONCENTRIC CURVE A DISTANCE OF 584.61 FEET, SUBTENDING A CENTRAL ANGLE OF 81° 41' 48", TO THE WESTERLY LINE OF SAID DEED TO SAID RAILWAY COMPANY RECORDED IN BOOK 542, PAGE 243 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 00 15' 40" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 159.21 FEET TO THE POINT OF BEGINNING. Resolution No. 06-318 Page 5 of 10 SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS OF WAY OF RECORD, IF ANY. The above described parcels are shown on sheet A-3 attached herewith and by this reference made a part hereof. NUMBER OF PARCELS:] SHEET 2 OF 2 SHEETS I'M ACRES NET PARCEL MAP NO. 17653 ED 2 BRONS B% 1190 ACRES NET o xl a tix tt Y'/• roi PEwx we 11 Ll])m IN THE CITU OF RANCHO CUCAMONGq BAS15 OF BEARINGS: BEING A SUBDNISION OF A PORTION OF THE SOUTH 12 OF SECTION 12. 1�ARROW ROUTE .1 A POn10.1.1. TOWNSHIP 1 SOUTH. RANGE 7 WEST, SAN BEANARDINO BASE AND MERIDIAN r u.x» i[[°Lino a'mnDK.eic'Deoiu m _ ASSOCIATED ENGINEERS. INC. JULY, 2008 •CCEvI'p ws x•/•CAn I OF rtcV05 V.1111.v[E ) sBE i PA.Q. { SURVEYOR'S NOTES�x u..,11 xo,EO. P 11 ss uw. PARCC NO. 12959 G n I IL— EE N (xxl x « x N, µGP q3 PARCEL I W I4O" PARCEL OP o 12959 f F `RPDPO p,M B' I e]GNo ar vxax scum L,l b (e s'S5'4Y leis 11) PARP M B BO/gO�63 in m 1.x1 xiwurts u[[oiD w.Vr,aw u0. /xa-,)____ ___ _ _ ___ ____ ____________ff_b_'t9Y la_]_E._1_]___ ___ _____________ _ _____ v[x Pta¢[rM xn i'nsf __________ _ __ __ �___ rue �eDFD-n B -6UIM --- _ 1?w':zi) o a Tu _1 Z4-------------- t-11x--------------- EXISTING - wI EASEMENTS: ` Q a x e°. I.B BE °aro ^� I.B. n—n)1 e,x e..nx e¢mr.a�earrtB Ief,o alma O ME R u con OR. nnaoo RE F s.ca my Rx['xe.wews[s m,rww n(onsw.lov[x,OR swrrt ,—, xR rtn w[w ua; i£f UPE vn¢m.na E. llT FOR ORI PER Q[.sL[•Rx,[w�ECwiRe.t wn [s e, M9E EA_T 'ON [owulr. iisq 1x OFE 0 xls, PROPOSED EASEMENTS', a..em�%oma ti S FEC p9.39/13 11".41 n' IR-11 I[PEP.AL p...a. ..x D x.. BaoK eOilaAil FOR n NEEM EE_AMD xBnEOx ) R F11 "_ :iA:cEnEs xevsu,D� __ ii R a � €„ mr�ne ew 1Z ix n � )x(a' g , PARCEL�1 xt�l9'O6Y Ip). , w. 11 OF r IP-neEsmr PER A - ____ Off; w� as]s/v accoPrzB s tv I V >� xiL�(w.nuwl°u.onlsamx F "fe�° 11Sr y IRE Oi Pu° . ie0/.D-x1 $ p n.P. ^!1i as �R8o ago xl�l^ !$1 i IJ =^7 ° $ 3'Tlr' B3'eD.e'�e r it IE: ,lana -O °,saga ce - �R..rtxD .s: ,Bxe[.eouB[�eRD ., DF��„eD xEAa �Nw zy x.eP, en"Q`m ° 42 LJERSEY BOUEVARD _ ave' ( _1 _ _ _$ _ ._.__ _—_ L _— ixwa ax x'n,[ R.u e[c "B6rs a uRACwLs a a IwrsemY awe n'1 sW[xm FEB.xo uc fouxo. �1 IREANUFFEB BY CR CD 0 0_ C 0 o0 NORTH o I11 _ ED o I CITY OF ITEM: 000 RANCHO CUCAMONGA TITLE: ENGINEERING DIVISION EXHIBIT: �� Resolution No. 06-318 Page 7 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMM ERCIAL/INDUSTRIAL): Landscape Maintenance District No. 313 (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. 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. 06-318 Page 8 of 10 Exhibit"B" continued Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: PARCEL MAP 17653 Number of Lamps Street Lights 5800L 9500L 16,000L 22,0001- 27,500L SLD # 1 SLD # 6 3 Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LIVID # 3B 19 'Existing items installed with original project Assessment Units by District Parcel DU or Acres S1 S6 L 3B 1 4.52 9.04 4.52 4.52 2 3.11 6.22 3.11 3.11 3 4.27 8.54 4.27 4.27 Resolution No. 06-318 Page 9 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): 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 2626.46 1.0 2626.46 $352.80 $926,615.09 The Proposed Annual Assessment against the Property (PARCEL MAP 17653) is: Parcel 1 4.52 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $1594.66 Annual Assessment Parcel 2 3.11 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $1097.21 Annual Assessment Parcel 3 4.27 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $1506.46 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (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 # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 22,901 1.00 22,901 $17.77 $406,950.77 Family Multi-Family Unit 10,449 1.00 10,449 $17.77 $185,678.73 Commercial Acre 2,834.56 2.00 5,669.12 $17.77 $100,740.26 TOTAL $693,369.76 The Proposed Annual Assessment against the Property (PARCEL MAP 17653) is: Parcell 4.52 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $160.64 Annual Assessment Parcel 2 3.11 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $110.53 Annual Assessment Parcel 3 4.27 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $151.76 Annual Assessment Resolution No. 06-318 Page 10 of 10 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 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 2450.2 1.00 2450.2 $51.40 $125,940.28 The Proposed Annual Assessment against the Property (PARCEL MAP 17653) is: Parcell 4.52 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $232.33 Annual Assessment Parcel 2 3.11 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $159.85 Annual Assessment Parcel 3 4.27 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $219.48 Annual Assessment