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Home My WebLink About08-142 - Resolutions RESOLUTION NO. 08-142 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 DRC2006-00692. 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 Chapter2 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 XIIID applicable to the authorization to the levy the proposed annual assessment againstthe 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. 08-142 Page 2 of 9 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. Resolution No. 08-142 Page3of9 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 legal description of the Property is: ALL THAT CERTAIN REAL PROPERTY DESCRIBED AS FOLLOWS: DRC2006-00692 A PORTION OF LOT 387 OF TRACT NO. 2102,AS PER PLAT RECORDED IN BOOK 31, PAGES 11 TO 15 INCLUSIVE, OF MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A, AS SHOWN ON EXHIBIT "B"TO THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 636 FOR LOT LINE ADJUSTMENT, IN THE CITY OF RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND RECORDED JANUARY 2, 2007, AS INSTRUMENT NO. 2007-0000192, OF OFFICIAL RECORDS OF SAID COUNTY. APN: 0229-171-10-0-000 Resolution No. 08-142 Page 4 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2007/2008 LANDSCAPE MAINTENANCE DISTRICT NO. 36 (COMMERCIAL/INDUSTRIAL) 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): 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. 08-142 Page 5 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2007/2008 Proposed additions to Work Program (Fiscal Year 2007/2008) For Project: DRC2006-00692 Number of Lamps Street Lights 5800L 9500L 16,000L 22,0001L 27,500L SLD # 1 2 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 Acres S'1 S*6 L*3B 1.93 3.86 1.93 1.93 Resolution No. 08-142 Page 6 of 9 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 2186.85 1.0 2626.46 $352.80 $771,520.68 The Proposed Annual Assessment against the Property (DRC2006-00692) is: 1.93 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. _ $680.90 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 (DRC2006-00692) is: 1.93 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. _ $68.59 Annual Assessment Resolution No. 08-142 Page 7 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2007/2008 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 2,065.67 1.00 2,450.20 $51.40 $107,463.01 The Proposed Annual Assessment against the Property (DRC2006-00692) is: 1.93 Acre x 1 A.U. Factor x $51.40 Rate Per A.U. _ $99.20 Annual Assessment Resolution No. 08-142 Page 8 of 9 CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR DRC2006-00692 LANDSCAPE MAINTENANCE DISTRICT NO. 3B, STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 6 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA Mandi Aluzri, the undersigned, hereby certifies as follows: That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 18th day of June 2008, 1 reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy ofwhich is on file in the Office of the City Clerk. That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District. That said Consent and Waiverto Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of California. EXECUTED this 18th day of June 2008, at Rancho Cu bnga-C—ali ornia. 'Ty ENGINEER CITY OF ANCHO CUCAMONGA STA E OF CALIFORNIA Please see the following page for formal adoption,certification and signatures Resolution No. 08-142 Page 9 of 9 PASSED, APPROVED, AND ADOPTED this 18th day of June 2008. AYES: Gutierrez, Michael, Williams NOES: None ABSENT: Kurth, Spagnolo ABSTAINED: None L. Dennis Michael, Mayor Pro Tem ATTEST: Z' ,V�t 0�602t Kathryn L. S"ott, CMC, Assistant City Clerk I, KATHRYN L. SCOTT, ASSISTANT 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 thel8th day of June 2008. Executed this 19th day of June 2008, at Rancho Cucamonga, California. Kathryh L. S tt, CIVIC, Assistant City Clerk