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HomeMy WebLinkAbout01-149 - Resolutions RESOLUTION NO. 01-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 313 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 00-76 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 Resolution No. 01-149 Page 2 of 9 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 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,certifications and signatures Resolution No. 01-149 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 20`h day of June 2001. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: Dutton ABSTAINED: None illiam J. Al ander, Mayor ATTEST: Debra J. Ad , CMC, City Clerk I, DEBRAJ.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 201h day of June 2001. Executed this 21't day of June 2001, at Rancho Cucamonga, California. Debra J. Adam MC, City Clerk Resolution No. 01-149 Page 4 of 9 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: KHOSRO KHALOGHLI,A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY The legal description of the Property is: THE WESTERLY 408 FEET OF THE EASTERLY 816 FEET OF LOTS 11 AND 14 OF 11 AND 14 OF SECTION 13, TOWNSHIP 1 SOUTH,RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP OF CUCAMONGA FRUIT LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS,PAGE 9,RECORDS OF SAID COUNTY EXCEPTING THEREFROM THAT PORTION OF SAID LOT 11, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 11, WHICH POINT IS 1067.60 FEET NORTH OF THE SOUTHEASTERLY CORNER OF SAID LOT 14;THENCE NORTH 89'39'57"WEST AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 14 TO A POINT IN THE WESTERLY LINE OF SAID LOT 11. NOTE: AREA AND DISTANCES ARE COMPUTED TO THE CENTER LINES OF THOSE CERTAIN STREETS ADJOINING SAID LOT 14 ON THE SOUTH AND SAID LOTS 14 AND 11 ON THE EAST,AS SHOWN ON THE RECORDED MAP OF SAID TRACT. ASSESSOR'S PARCEL NO.0209-411-12-0-000 The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A— 1 DR 00-76 Resolution No. 01-149 Page 5 of 9 I EXHIBIT"A" ASSESSMENT DIAGRAM I LANDSCAPE MAINTENANCE DISTRICT NO. l STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 I- POK LOT l + Lj La V) -DR_ 0 V z W J + M STREET LEGEND NEW 9500 L ST. LIGHT A NORTfI CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO DR 0076 STATE OF CALIFORNIA Resolution No. 01-149 Page 6 of 9 Exhibit B To Description 'soft a Di tract improvements cal ar 01 LANDSCAPE MAINTENANCE DISTRICT No.3B(COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Maintenance District. ese sites are ted with areas within that Commercialindustrial benefit derived from the 1at'dscape instllationacan be directly attributed to district and as such any 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): alc arterial streets throughout the City. The facilities within located on Street Light Maintenance District No. I (SLE)#1)is used to fund the maintenance and/or installation of street lights and traffic sign . ave been determined ity as a whole on ng i equal bas is ssiand located such those costs assocated with the maintenance benefit nanceanlC and/or installation of the an facilities is assigned to the City-wide district. ial streets and traffic The sites maintained by the district const street lights onnts of streets dedi ate er to thea Ci y ls n arterial streets within the rights-of-way designated STREET LIGHT MAINTENANCE DISTRICT No.6(COMMERCIAL/INDUSTRIAL): D#6)is used to fund the maintenance and/or installation SVeet Light Maintenance District No.6(SL 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. lights on or commercial streets The sites maintained bythe district on industrial orcotnmercialindustrial consi! treetngenerally south of Foothill street traffic signals(or a portion Boulevard. DR 00-76 B- 1 Resolution No. 01-149 Page 7 of 9 Exhibit`B"continued Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: DR 00-76 Number of Lamps Street Lights 5800L 9500L 16,000L 22,0001- 27,500L SLD# I --- 3 --- --- --- SLD#6 --- --- ___ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA 1,313 --- --- --- 12 *This D.R.will add three street lights and 12 street trees. Assessment Units by District Parcel Acres Sl S6 L 3B N/A 9.44 18.88 9.44 9.44 B-2 DR 00-76 Resolution No. 01-149 Page 8 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO.3B(COMMERCIAL/INDUSTRIAL): 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): #of #of Rate Per Physical 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(DR 00-73)is: 9.44 Acres x 1 A.U.Factor x $352.80 Rate Per A.U._ $3,330.43 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 #of Rate Per Physical Physical Assessment Assessment Assessment " e Unit Type knits I Jn ON Factor Units Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property(DR 00-73)is: 9.44 Acres x 2 A.U.Factor x $17.77 Rate Per A.U._ $335.50 Annual Assessment C- 1 DR 00-76 Resolution No. 01-149 Page 9 of 9 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 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No.6(Commercial4ndustrial): #of #of Rate Per Physical Physical Assessment Assessment Assessment I and Ilse Unit Tyne linits I(nits Factor Units knit Revenue Comm/Ind Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00 The Proposed Annual Assessment against the Property(DR 00-73)is: 9.44 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $485.22 Annual Assessment C-2 DR 00-76