HomeMy WebLinkAbout08-003 - Resolutions RESOLUTION NO. 08-003
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 DRC2005-00287
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. 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"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
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 XI IID 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
Resolution No. 08-003
Page 2 of 8
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. 08-003
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 16'" day of January 2008.
AYES: Gutierrez, Kurth, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
Donald J.'Kurth, M.D., Mayor
ATTEST:
ta&,.k &-"�
Debra J. Ada 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 16'" day of January 2008.
Executed this 17" day of January 2008, at Rancho Cucamonga, California.
Debra J. Ada MC, City Clerk
Resolution No. 08-003
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:
MOHAMMAD R. MOJABE AND ELIZABETH MOJABE, HUSBAND AND WIFE AS JOINT
TENANTS.
The legal description of the Property is:
PARCEL A: PARCEL 2 OF PARCEL MAP NO. 7891, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK
82 OF PARCEL MAPS, PAGES 11 IN THE OFFICE OF THE COUNTY RECORDED OF SAID
COUNTY.
PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS PURPOSES 25 FEET IN WIDTH,
OVER THAT PORTION OF PARCEL 1 DESIGNATED AS "A" ON PARCEL MAP NO. 7891.
Resolution No. 08-003
Page 5 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO. 36(COMMERCIAL/INDUSTRIAL) FISCAL YEAR
2007/2008
Landscape Maintenance District No. 3B (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) FISCAL YEAR
200712008
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) FISCAL YEAR 2007/2008
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. 08-003
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: DRC2005-00287
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD #1 - -
SLD # 6 1
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # 3B 10
*Existing items installed with original project
Assessments
Units by District
Parcel DU or Acres S1 S6 L3B
1 1.699 a.c. 3.398 1.699 1.699
Resolution No. 08-003
Page 7 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2007/2008
LANDSCAPE MAINTENANCE DISTRICT NO.3B(COMMERCIAL/INDUSTRIAL): FISCAL YEAR
2007/2008
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 2186.85 1.0 2626.46 $352.80 $771,520.68
The Proposed Annual Assessment against the Property (DRC2005-00287) is:
1.699 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $599.41 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): FISCAL YEAR
2007/2008
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 21,151 1.00 22,901 $17.77 $375,853.27
Family
Multi-Family Unit 8,540 1.00 10,449 $17.77 $151,755.80
Commercial Acre 2,380.36 2.00 2,834.56 $17.77 $84,597.99
TOTAL $612,207.06
The Proposed Annual Assessment against the Property (DRC2005-00287) is:
1.699 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $60.38 Annual Assessment
Resolution No. 08-003
Page 8 of 8
EXHIBIT "C" CONTINUED
FOR CITY OF RANCHO CUCAMONGASTREET LIGHT MAINTENANCE DISTRICT NO. 6
(COMMERCIAL/INDUSTRIAL)
FISCAL YEAR 2007/2008
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):
Assessmen
# of t # of Rate Per
Physical Physical Units Assessment Assessment
Land Use Unit Type Units Factor Units Unit Revenue
Comm/Ind Acre 2,065.67 1.00 2,450.20 $51.40 $107,463.01
The Proposed Annual Assessment against the Property (DRC2005-00287) is:
1.699 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $87.33 Annual Assessment