HomeMy WebLinkAbout07-227 - Resolutions RESOLUTION NO. 07-227
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
16009
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. 07-227
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 A 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 B 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. 07-227
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 19`h day of September 2007.
AYES: Gutierrez, Kurth, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
Donald J. Kurth, M.D , Mayor
ATTEST:
D bra J. Ad m 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 19`h day of September 2007.
Executed this 201h day of September 2007, at Rancho Cucamonga, California.
L�� -6441�
Debra J. AdaKs, OMC, City Clerk
Resolution No. 07-227
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property are:
Chase Back Bay, LLC, a California Limited Liability Company
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:
PARCEL A:
PARCEL 5 OF PARCEL MAP NO. 8550, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 90 OF PARCEL MAPS, PAGE(S) 90 AND
91, RECORDS OF SAID COUNTY.
PARCEL B:
THAT PORTION OF THE WEST ''/3 OF LOT 92, AS PER MAP OF ROCHESTER, IN THE CITY
OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 9 OF MAPS, PAGE(S) 20, RECORDS OF SAID COUNTY,
AND THE EAST 60 FEET OF ORANGE (ROCHESTER) AVENUE, VACATED BY
RESOLUTION OF THE BOARD OF SUPERVISORS OF SAID COUNTY, RECORDED
DECEMBER 18, 1935 IN BOOK 1177, PAGE 320, OFFICIAL RECORDS, ADJOINING SAID
LOT 92 ON THE WEST LYING SOUTHERLY OF THE NORTHERLY 30.00 FEET OF SAID
LOT 92, AND SOUTHERLY OF THE NORTHERLY 30.00 FEET OF SAID PORTION OF
ORANGE (ROCHESTER) AVENUE VACATED, ADJOINING SAID LOT 92 ON THE WEST
AND LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 92, DISTANT THEREON
NORTH 89051'13" EAST, 96.23 FEET FROM THE SOUTHWEST CORNER OF SAID LOT;
THENCE NORTHERLY ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 8000 FEET, THROUGH AN ANGLE OF 2008'57" FROM A TANGENT BEARING
NORTH 0006'32" WEST, A DISTANCE OF 300.08 FEET TO A POINT ON A LINE PARALLEL
TO AND DISTANT 30.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES TO THE
NORTH LINE OF SAID LOT 92.
Resolution No. 07-227
Page 5 of 10
PARCEL C:
THAT PORTION OF THE WEST '/2 OF LOT 91, MAP OF ROCHESTER, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 9 OF MAPS, PAGE(S) 20, RECORDS OF SAID COUNTY
DESCRIBED AS FOLLOWS:
THAT PORTION LYING WESTERLY OF THE WESTERLY LINE OF PARCEL NO. 1 OF THE
PROPERTY CONVEYED TO THE STATE OF CALIFORNIA, PER DEED RECORDED
NOVEMBER 29, 1972 IN BOOK 8070, PAGE 32, OFFICIAL RECORDS; AND THAT PORTION
OF THE VACATED 60 FEET OF ORANGE (ROCHESTER) AVENUE, VACATED BY
RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY,
RECORDED DECEMBER 18, 1936, IN BOOK 1177, PAGE 320 OF OFFICIAL RECORDS OF
SAID COUNTY, ADJOINING LOT 91 AS DESCRIBED ABOVE.
APN: 0229-283-04 (AFFECTS: PARCEL B), 0229-283-05 (AFFECTS: PARCEL B) AND 0229-
263-05 (AFFECTS: PARCEL A)
The above described parcels are shown on sheet A-3 attached herewith and by this reference
made a part hereof.
Resolution No. 07-227
Page 6 of 10
EXI-IIDIT"A"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 3B
STREET LIGHTING MAINTENANCE DISTRICT NOS, 1 AND 6
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PARCEL 2 0° 9e
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CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO k
STATE OF CALIFORNIA PAPCEL MAP 161709'
A-3
Resolution No. 07-227
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (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. 07-227
Page 8 of 10
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 200712008)
For Project: PARCEL MAP 16009
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 4
SLD # 6 4
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 3B 25
*Existing items installed with original project
Assessment Units by District
Parcel(s) Acres S1 S6 L 3B
1 1.097 2.194 1.097 1.097
2 1.207 2.414 1.207 1.207
3 0.771 1.542 0.771 0.771
4 0.495 0.99 0.495 0.495
Resolution No. 07-227
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2007/08. 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 2,775.62 1.0 2,775.62 $352.80 $979,238.73
The Proposed Annual Assessment against the Property (PARCEL MAP 16009) is:
Parcel 1 1.097 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $387.02 Annual Assessment
Parcel 2 1.207 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $428.83 Annual Assessment
Parcel 3 0.771 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $272.01 Annual Assessment
Parcel 4 0.495 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $174.64 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2007/08. 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 23,640 1.00 23,640 $17.77 $420,082.80
Family
Multi-Family Unit 11,154 1.00 11,154 $17.77 $198,206.58
Commercial Acre 2985.85 2.00 5971.70 $17.77 $106,117.10
TOTAL $724,406.48
The Proposed Annual Assessment against the Property (PARCEL MAP 16009) is:
Parcel 1 1.097 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $38.99 Annual Assessment
Parcel 2 1.207 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $42.90 Annual Assessment
Parcel 3 0.771 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $27.40 Annual Assessment
Parcel 4 0.495 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $17.59 Annual Assessment
Resolution No. 07-227
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 2007/08. 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 2596.71 1.00 2596.71 $51.40 $133,470.89
The Proposed Annual Assessment against the Property (PARCEL MAP 16009) is:
Parcel 1 1.097 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $56.39 Annual Assessment
Parcel 2 1.207 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $62.04 Annual Assessment
Parcel 3 0.771 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $39.63 Annual Assessment
Parcel 4 0.495 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $25.44 Annual Assessment