HomeMy WebLinkAbout07-280 - Resolutions RESOLUTION NO. 07-280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 6 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 5 FOR PARCEL MAP
16884
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. 6, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 5 (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. 07-280
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 the 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 of 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. 07-280
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 5`h day of December 2007.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, M.D., Mayor
ATTEST:
Debra J. A a s, 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" day of December 2007.
Executed this 6`h day of December 2007, at Rancho Cucamonga, California.
Debra J. Adam C, City Clerk
Resolution No. 07-280
Page 4 of 8
Exhibit A
Consent And Waiver To Annexation
Of Certain Real Property To
Street Light Maintenance District No. 1
And Approval Of The Levy Of Assessments
On Such Real Property
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
The Blu Croix, LTD on behalf of Verizon California
The legal description of the Property is:
PARCEL 1:
LOT 25, OF TRACT NO. 15866, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATES OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 282 OF MAPS,
PAGE(S) 25 THROUGH 29, INCLUSIVE, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM '/G OF ALL MINERALS, OIL AND GAS RIGHTS AND RIGHTS TO
UNDERGROUND STORAGE SPACE, AS RESERVED IN THE DEED FROM JOHN M. PON, ET
UX, RECORDED NOVEMBER 29, 1951, IN BOOK 2859, PAGE 597, OFFICIAL RECORDS.
ALSO EXCEPTING THE REMAINING 3/<'S OF ALL GAS, OIL, MINERALS AND OTHER
HYDROCARBON SUBSTANCES LYING 500 FEET BELOW THE SURFACE OF THE LAND, BUT
WITHOUT THE RIGHT TO USE THE SURFACE OF THE LAND TO REMOVE, DRILL OR
PROSPECT FOR SAME, AS RESERVED IN DEED RECORDED JANUARY 9, 1984,
INSTRUMENT NO. 84-003706, OFFICIAL RECORDS.
ASSESSOR'S PARCEL NO: 0225-271-49
The legal description of the Property is:
The Land referred to herein is situate in the State of California, County of San Bernardino, City of
Rancho Cucamonga, described as follows:
Resolution No. 07-280
Page 5 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO.6 (COMMERCIAL/INDUSTRIAL):
Landscape Maintenance District No. 6 (LIVID#6) represents landscape sites throughout the Caryn
Planned Community. 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.
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. 5 (COMMERCIAL/INDUSTRIAL):
Street Light Maintenance District No. 5 (SLD#5) is used to fund the maintenance and/or installation
of street lights and traffic signals located within the Caryn Planned Community. Generally,this area
encompasses the area of the City east of Milliken Avenue, south of Banyan Street, north of Highland
Avenue and west of Rochester Avenue. 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 local streets and traffic signals (or a
portion thereof) on local streets within the Caryn Planned Community.
Resolution No. 07-280
Page 6 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2007/2008
Proposed additions to Work Program (Fiscal Year 2007/2008)
For Project: PARCEL MAP 16884
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 1
SLD # 5
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 6
'Existing items installed with original project
Annexation Date: July 20, 2005
Resolution No. 07-280
Page 8 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO.6(COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $246.97 for the fiscal year 2007/08. The following table
.summarizes the assessment rate for Landscape Maintenance District No. 6 (Caryn Planned
Community):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 1274 1.0 1274 $246.97 $314,639.78
Family
The Proposed Annual Assessment against the Property (PM 16884) is:
4 SFR x 1 A.U. Factor x $246.97 Rate Per A.U. _ $987.88 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 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 (PM 16884) is:
4 SFR x 1 A.U. Factor x $17.77 Rate Per A.U. _ $71.08 Annual Assessment
Resolution No. 07-280
Page 8 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2007/2008
STREET LIGHT MAINTENANCE DISTRICT NO. 5 (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $34.60 for the fiscal year 2007/08. The following table
summarizes the assessment rate for Street Light Maintenance District No. 5 (Caryn Planned
Community):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 1273 1.00 1274 $34.60 $44,080.40
Family
The Proposed Annual Assessment against the Property (PM 16884) is:
4 SFR x 1 A.U. Factor x $34.60 Rate Per A.U. _ $138.40 Annual Assessment