HomeMy WebLinkAbout05-177 - Resolutions RESOLUTION NO. 05-177
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 PARCEL MAP
16297
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. 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
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 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. 05-177
Page 2 of 8
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 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 C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVE 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 the
levy of all assessments, shall be applicable to the Territory.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 05-177
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 1" day of June 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Wi iam J. All nder, a or
ATTEST:
154'bra J. Ada s, 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 1s` day of June 2005.
Executed this 2nd day of June 2005, at Rancho Cucamonga, California.
&.a&"'
ebra J. Ad s, CMC, City Clerk
Resolution No. 05-177
Page 4 of 8
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
LOT NUMBER ONE PARTNERSHIP, LLC
The legal description of the Property is:
Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California,
described as follows:
LOT 1 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 24, 2003,
INSTRUMENT NO. 200303720290, OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL NO. A:
PARCEL 1 OF PARCEL MAP NO. 10037, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN
BOOK 118 OF PARCEL MAPS, PAGES 74 AND 75, RECORDS OF SAID COUNTY.
TOGETHER WITH THE MOST WESTERLY 9.74 FEET OF PARCEL 2 OF SAID PARCEL MAP
NO. 10037 AND THE MOST NORTHWESTERLY 10.86 FEET OF PARCEL 9 OF SAID
PARCEL MAP NO. 10037.
DESCRIBED LOT 1 CONTAINS 1.70 ACRES MORE OR LESS AND IS SHOWN ON EXHIBIT
"B" ATTACHED HEREWITH AND BY THIS REFERENCE MADE A PART HEREOF.
PARCEL NO. B:
NON-EXCLUSIVE UNDERGROUND EASEMENTS FOR, AMONG OTHER THINGS,
UTILITIES AND INCIDENTALS THERETO, AS MORE FULLY SET OUT IN THAT CERTAIN
"MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS"
RECORDED MAY 9, 1981, INSTRUMENT NO. 19810049396, OFFICIAL RECORDS.
PARCEL NO. C:
NON-EXCLUSIVE EASEMENTS FOR, AMONG OTHER THINGS, INGRESS, EGRESS,
VEHICULAR ACCESS, DRAINAGE AND GENERAL UTILITIES, AS MORE FULLY SET OUT
IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR ELM OAK OFFICE RESEARCH AND DEVELOPMENT CENTER" RECORDED
SEPTEMBER 7, 1988, INSTRUMENT NO. 19880298296, OFFICIAL RECORDS.
Resolution No. 05-177
Page 5 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
Landscape Maintenance District No. 3B (LIVID #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. 05-177
Page 6 of 8
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2004/2005)
For Project:SUBTPM 16297
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 --- ___
SLD # 6 --- 3 --- --- --
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 DU S1 S6 L 3B
1 0.72 1.44 0.72 0.72
2 0.52 1.04 0.52 0.52
3 0.38 0.76 0.38 0.38
Resolution No. 05-177
Page 7 of 8
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 Type 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 (PM 16297) is:
Parcel 1 - 0.72 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $254.02 Annual Assessment
Parcel 2 - 0.52 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $183.46 Annual Assessment
Parcel 3 - 0.38 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $134.06 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2004/05. 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 Tyne Units Units Factor Units Unit Revenue
Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31
Family
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
The Proposed Annual Assessment against the Property (PM 16297) is:
Parcel 1 - 0.72 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $25.59 Annual Assessment
Parcel 2 - 0.52 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $18.48 Annual Assessment
Parcel 3 - 0.38 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $13.51 Annual Assessment
Resolution No. 05-177
Page 8 of 8
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 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 nit IvDe Unitsnits Fa tnr LJnqts 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 (PM 16297) is:
Parcel 1 —0.72 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $37.01 Annual Assessment
Parcel 2 —0.52 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $26.73 Annual Assessment
Parcel 3 —0.38 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $19.53 Annual Assessment