HomeMy WebLinkAbout05-006 - Resolutions RESOLUTION NO. 05-006
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 DRCCUP 98-08
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 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 72 Act authorize the
annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the
preparation of 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 owner of
property within the territory to be annexed; and
WHEREAS, notwithstanding the such provisions of the 72 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 72 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. 05-006
Page 2 of 11
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 72 Act
and/or Article XIIID applicable to the authorization to 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 to 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 B hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are all true and correct.
SECTION 2: This 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 Improvements.
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 levy
of all assessments, shall be applicable to the Territory.
Resolution No. 05-006
Page 3 of 11
PASSED, APPROVED, AND ADOPTED this 5 1 day of January 2005.
AYES: Alexander, Gutierrez, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
William J. Alexa er, ayor
ATTEST:
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Debra J. Ada , CMC, City Clerk
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 January 2005.
Executed this 6`h day of January 2005, at Rancho Cucamonga, California.
AA��—a 6
Debra J. Adams, IC, City Clerk
Resolution No. 05-006
Page 4 of 11
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Lora L. Iftikhar, a married woman, as her sole and separate property as to Parcel 1 and Sam
Iftikhar and Lora Iftikhar, husband and wife as joint tenants as to Parcels 2 and 3.
The legal description of the Property is:
PARCEL1:
PARCEL "A":
THAT PORTION OF LOT 12, BLOCK 12, AS SHOWN ON PLAT OF CUCAMONGA
HOMESTEAD ASSOCIATION LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE(S) 46, RECORDS OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE PACIFIC ELECTRIC RAILROAD
COMPANY'S RIGHT OF WAY AT ALTA LOMA, CALIFORNIA, 500 FEET SOUTHWEST
FROM THE INTERSECTION OF THE SOUTH LINE OF SAID RIGHT OF WAY WITH THE
WEST LINE OF AMETHYST AVENUE; THENCE NORTHEAST ALONG THE SOUTH LINE OF
SAID RIGHT OF WAY 100 FEET; THENCE SOUTHEAST AT RIGHT ANGLES WITH SAID
RIGHT OF WAY 95 FEET; THENCE SOUTHWEST ON A LINE 95 FEET FROM AND
PARALLEL WITH THE SOUTH LINE OF SAID RIGHT OF WAY TO A LINE RUNNING SOUTH
PARALLEL WITH AMETHYST AVENUE FROM THE POINT OF BEGINNING,
APPROXIMATELY 207. 1 FEET; THENCE NORTH TO THE POINT OF BEGINNING
APPROXIMATELY 143.1 FEET.
PARCEL "B":
THAT PORTION OF LOT 12, BLOCK 12, AS SHOWN ON THE PLAT OF CUCAMONGA
HOMESTEAD ASSOCIATION LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE(S) 46, RECORDS OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE PACIFIC ELECTRIC RAILROAD
COMPANY'S RIGHT OF WAY, 500 FEET SOUTHWESTERLY FROM THE INTERSECTION
OF THE SOUTH LINE OF SAID RIGHT OF WAY AND AMETHYST AVENUE, THENCE 32.08
FEET SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID RIGHT OF WAY: THENCE
SOUTHEASTERLY AT RIGHT ANGLES WITH SAID RIGHT OF WAY 28.6 FEET; THENCE
NORTHEASTERLY 43.2 FEET TO THE POINT OF BEGINNING.
Resolution No. 05-006
Page 5 of 11
PARCEL "C":
THAT PORTION OF LOT 12, BLOCK 12, AS SHOWN ON PLAT OF CUCAMONGA
HOMESTEAD ASSOCIATION LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE(S) 46, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 12; THENCE NORTH ALONG
THE WEST LINE OF AMETHYST AVENUE 616.05 FEET TO THE SOUTHEASTERLY LINE
OF THE RIGHT OF WAY OF THE PACIFIC ELECTRIC RAILROAD COMPANY; THENCE
SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY 400
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY AT RIGHT
ANGLES TO SAID RIGHT OF WAY LINE 95 FEET TO THE NORTH LINE OF A 40 FOOT
ROADWAY; THENCE EAST ALONG SAID ROADWAY 56.3 FEET, MORE OR LESS, TO A
POINT 140 FEET WEST OF THE WEST LINE OF SAID AMETHYST AVENUE; THENCE
NORTH AT RIGHT ANGLES 205.3 FEET, MORE OR LESS, TO THE SOUTHEASTERLY
LINE OF SAID RIGHT OF WAY; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY
LINE 190.05 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL 2
THAT PORTION OF LOT 12, BLOCK 12, CUCAMONGA HOMESTEAD ASSOCIATION
LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE(S) 46, RECORDS
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 83.55 FEET NORTH AND 137.6 FEET EAST OF THE
INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 12, WHICH IS ALSO THE
NORTHERLY LINE OF PALM STREET, WITH THE SOUTHEASTERLY LINE OF THE RIGHT
OF WAY OF THE PACIFIC ELECTRIC RAILROAD; THENCE WEST 63.8 FEET TO A POINT
ON THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY OF PACIFIC ELECTRIC
RAILROAD; THENCE NORTH 41 DEGREES 26' EAST ALONG THE SOUTHEASTERLY LINE
OF SAID RIGHT OF WAY 178.02 FEET; THENCE SOUTH 48 DEGREES 34' EAST 28.6
FEET; THENCE SOUTH 99.9 FEET; THENCE SOUTH 41 DEGREES 26' WEST 61.25 FEET;
THENCE NORTHWESTERLY TO THE POINT OF BEGINNING.
PARCEL 3
THAT PORTION OF LOT 12, BLOCK 12, CUCAMONGA HOMESTEAD ASSOCIATION
LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE(S) 46, RECORDS
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
Resolution No. 05-006
Page 6 of 11
BEGINNING AT A POINT ON THE WEST LINE OF AMETHYST AVENUE BEING ALSO THE
EAST LINE OF SAID LOT 12, 399.40 FEET NORTH OF THE SOUTHEAST CORNER OF
SAID LOT 12; THENCE WESTERLY AT RIGHT ANGLES TO AMETHYST AVENUE 140.0
FEET; THENCE NORTHERLY AND PARALLEL WITH AMETHYST AVENUE TO THE
SOUTHEASTERLY LINE OF THE PACIFIC ELECTRIC RAILROAD COMPANY RIGHT OF
WAY; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE TO SAID EAST
LINE OF LOT 12; THENCE SOUTH ALONG SAID EAST LINE OF LOT 12 TO THE POINT OF
BEGINNING.
APN: 0202-091-08-0-000 AND 0202-091-09-0-000 AND 0202-091-15-0-000
Resolution No. 05-006
Page 7 of 11
EXHIBIT"A"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO.3B
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6
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COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA DRCCUP98-05
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Resolution No. 05-006
Page 8 of 11
Exhibit B
To
Description of the District Improvements
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
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 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. 05-006
Page 9 of 11
Proposed additions to Work Program (Fiscal Year 200412005)
For Project: DRCCUP 98-08
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLMD #6 3 --- ___ ___
SLMD #1
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID #3B --- --- 17
*Existing items installed with original project
Assessment Units by District
Parcel Acres SLMD 41 SLMD #6 LIVID #36
1 0.68 1.36 0.68 0.68
2 0.26 0.52 0.26 0.26
3 0.44 0.88 0.44 0.44
Resolution No. 05-006
Page 10 of 11
Exhibit C
Proposed Annual Assessment
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2004/2005. 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 T pe Units Units Factor Units Unit
Revenue
Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 771,520.68
The Proposed Annual Assessment against the Property (DRCCUP 98-08) is:
Parcel 1 0.68 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. _ $239.90 Annual Assessment
Parcel 2 0.26 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. _ $ 91.73 Annual Assessment
Parcel 3 0.44 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. _ $155.23 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. 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 l Init J j2o l Init., Units Factor Units Unit
Rpvpntjp
Single
Family Parcel 19,803 1.00 19,803 $17.77 $351,899.31
Multi-
Family Unit 7,402 1.00 7,402 $17.77 $131,533.54
Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $ 81,344.66
TOTAL $564,777.51
Resolution No. 05-006
Page 11 of 11
The Proposed Annual Assessment against the Property (DRCCUP 98-08) is:
Parcel 1 0.68 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. _ $24.17 Annual Assessment
Parcel 2 0.26 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. _ $ 9.24 Annual Assessment
Parcel 3 0.44 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. _ $15.64 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2004/2005. 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 IP I nit Tvoe Units Units Factor Units Unit Revenue
Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01
The Proposed Annual Assessment against the Property (DRCCUP 98-08) is:
Parcel 1 0.68 Acre x 1 A.U. Factor x $51.40 Rate Per A.U. _ $34.95 Annual Assessment
Parcel 2 0.26 Acre x 1 A.U. Factor x $51.40 Rate Per A.U. _ $13.36 Annual Assessment
Parcel 3 0.44 Acre x 1 A.U. Factor x $51.40 Rate Per A.U. _ $22.62 Annual Assessment