HomeMy WebLinkAbout00-255 - Resolutions RESOLUTION NO. 00-255
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 DR 99-55
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, said special maintenance district known and designated as Landscape Maintenance
District No. 36, 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 an and all of the procedural requirements as prescribed in the 1972 Act and/or
P Y Y
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
Resolution No. 00-255 \
Page 2 of 8
WHEREAS, at this time the City Council desires to order the annexaticn of the
Territory to the Maintenance Districts and to authorize the levy of annual assessments ag 3inst 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 tho
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 an ival
assessments to be levied against the Territory and approves and
orders the levy of annual assessments against the Territo,y in
amounts not to exceed the amounts set forth in Exhibit"B".
SECTION 4: All future proceedings of the Maintenance Districts, includinc the
levy of all assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this 6`h day of December 2000.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
r- —�G&
William , Alexand ayor
Resolution No. 00-255
Page 3 of 8
ATTEST:
Debra J. AdaW, 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 6`h day of December 2000.
Executed this 7`h day of December, at Rancho Cucamonga, California.
"2��-'-)
Debra J. Adam MC, City Clerk
Resolution No. 00-255
Page 4 of 8
Exhibit "A"
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Cal West Enterprises, a California Corp.
The legal description of the Property is:
Being a Subdivision of Lot 29, Tract No. 12902 Per Map Record in Book 207 Pages 32-36
Records of the County Recorder of Said County.
A - 1
Resolution No. 00-255
Page 5 of 8
Exhibit`B"
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO.313
(COMMERCIAL/INDUSTRIAL MAINTENANCE DISTRICT)
Landscape Maintenance District No. 3b (LMD #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 of 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.
Typically, street lights are installed by private development as a condition of a development project's
approval. Traffic signals can be installed by development or as a City capital improvement project.
Historically, the installation of street lights and traffic signals has not been funded with Street Light
District funds; however, this is permitted under the Landscape and Lighting Act of 1972.
B - 1
Resolution No. 00-255
Page 6 of 8
Exhibit`B": (Continued)
Any new street lights in areas to be maintained by the District will become part of the active work
program at such time as these new areas are annexed into the District. The normal proces 3 will be
the dedication of the areas to the City, at which time a sufficient non-refundable deposit will be made
by the developer to the City. This deposit will provide for costs of energizing and six months of
ordinary and usual maintenance operation and servicing of the street lights in each development at
the time of initial operation of the lighting system. The costs will be based on the number and type
of street lights and based on Southern California Edison Company's rate for street lights.
Immediately upon energization of the street lights,those street lights will become a part of i he work
program of the district.
B - 2
Resolution No. 00-255
Page 7 of 8
Exhibit "C"
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 3B
(COMMERCIAL/INDUSTRIAL MAINTENANCE DISTRICT)
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 3b(Commercial/Industrial
Maintenance District):
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Comm/Ind Acre 1849.01 1.0 1849.01 $352.80 $652,330.73
The Proposed Annual Assessment against the Property is:
48.93 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. _ $17,262.50 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Multi-Family Parcel 6,257.00 1.00 6,257.00 $17.77 $111,190.00
Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00
Total $483,560.00
The Proposed Annual Assessment against the Property is:
48.93 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. _ $1,738.97 Annual Assessment
C - 1
Resolution No. 00-255
Page 8 of 8
Exhibit"C": (Continued)
STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUST3IAL):
The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No.6(Commercial/In-lustrial):
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Conmi/Ind Acre 1,716.63 1.00 1,716.63 $51.40 $83,235.00
The Proposed Annual Assessment against the Property is:
48.93 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $2,515.00 Annual Assessment
[INSERT FROM EXHIBIT "C" OF CONSENT& WAIVER)
C - 2