HomeMy WebLinkAbout06-318 - Resolutions RESOLUTION NO. 06-318
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
17653
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 "1972 Act"), said special maintenance district known and designated as
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 1972 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 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. 06-318
Page 2 of 10
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 levy
of all assessments, shall be applicable to the Territory.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 06-318
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 181h day of October 2006.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
F
4rderMayor William J. Alex
ATTEST:
C4/tul"Z
Y� Ova-
R—athryA L. Sc tt, CMC, Deputy City Clerk
I, KATHRYN L. SCOTT, DEPUTY 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 18`h day of October 2006.
Executed this 19`h day of October 2006, at Rancho Cucamonga, California.
'edl., V &"�
Kathryn L. 1coft, CMC, Deputy City Clerk
Resolution No. 06-318
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
General Latex and Chemical Corporation, a Massachusetts Corporation
The legal description of the Property is:
THAT PORTION OF THE SOUTH '/3 OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 7
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY
SURVEYOR GENERAL, DATED SEPTEMBER 18, 1865, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY
1026.04 FEET OF SAID SECTION 12, WITH THE WESTERLY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY AS DESCRIBED IN DEED
RECORDED FEBRUARY 6, 1914, IN BOOK 542, PAGE 243 OF DEEDS, RECORDS OF SAID
COUNTY;
THENCE SOUTH 890 59' 30" WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION
12, A DISTANCE OF 1092.03 FEET;
THENCE NORTH 00 15' 40" WEST, PARALLEL WITH THE EAST LINE OF SAID SECTION 12,
A DISTANCE OF 510.00 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY
LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED TO M-2 LEASING
CO., RECORDED AUGUST 30, 1968 IN BOOK 7086, PAGE 260 OF OFFICIAL RECORDS OF
SAID COUNTY;
THENCE NORTH 890 59' 30" EAST ALONG LAST SAID LINE A DISTANCE OF 687.83 FEET
TO THE BEGINNING OF A TANGENT CIRCULAR CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 410.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND
DISTANT NORTHEASTERLY FROM 10.00 FEET, MEASURED RADIALLY, FROM THAT
CERTAIN CURVE DESCRIBED IN EASEMENT TO SAID RAILWAY RECORDED IN BOOK
7409, PAGES 723 THROUGH 728 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A
RADIUS OF 400.00 FEET AND A LENGTH OF 576.64 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CONCENTRIC CURVE A
DISTANCE OF 584.61 FEET, SUBTENDING A CENTRAL ANGLE OF 81° 41' 48", TO THE
WESTERLY LINE OF SAID DEED TO SAID RAILWAY COMPANY RECORDED IN BOOK 542,
PAGE 243 OF DEEDS, RECORDS OF SAID COUNTY;
THENCE SOUTH 00 15' 40" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 159.21
FEET TO THE POINT OF BEGINNING.
Resolution No. 06-318
Page 5 of 10
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS OF WAY OF RECORD, IF ANY.
The above described parcels are shown on sheet A-3 attached herewith and by this reference
made a part hereof.
NUMBER OF PARCELS:] SHEET 2 OF 2 SHEETS
I'M ACRES NET PARCEL MAP NO. 17653 ED 2 BRONS B%
1190 ACRES NET o xl a tix tt Y'/• roi
PEwx we 11 Ll])m
IN THE CITU OF RANCHO CUCAMONGq
BAS15 OF BEARINGS:
BEING A SUBDNISION OF A PORTION OF THE SOUTH 12 OF SECTION 12. 1�ARROW ROUTE
.1 A POn10.1.1. TOWNSHIP 1 SOUTH. RANGE 7 WEST, SAN BEANARDINO BASE AND MERIDIAN r u.x»
i[[°Lino a'mnDK.eic'Deoiu m _ ASSOCIATED ENGINEERS. INC. JULY, 2008 •CCEvI'p ws x•/•CAn I
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SURVEYOR'S NOTES�x
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CITY OF ITEM:
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RANCHO CUCAMONGA TITLE:
ENGINEERING DIVISION EXHIBIT: ��
Resolution No. 06-318
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2006/2007
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMM ERCIAL/INDUSTRIAL):
Landscape Maintenance District No. 313 (LIVID #36) 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. 06-318
Page 8 of 10
Exhibit"B" continued
Proposed additions to Work Program (Fiscal Year 2006/2007)
For Project: PARCEL MAP 17653
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,0001- 27,500L
SLD # 1
SLD # 6 3
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 3B 19
'Existing items installed with original project
Assessment Units by District
Parcel DU or Acres S1 S6 L 3B
1 4.52 9.04 4.52 4.52
2 3.11 6.22 3.11 3.11
3 4.27 8.54 4.27 4.27
Resolution No. 06-318
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2006/2007
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2006/07. 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 2626.46 1.0 2626.46 $352.80 $926,615.09
The Proposed Annual Assessment against the Property (PARCEL MAP 17653) is:
Parcel 1 4.52 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $1594.66 Annual Assessment
Parcel 2 3.11 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $1097.21 Annual Assessment
Parcel 3 4.27 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $1506.46 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2006/07. 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 22,901 1.00 22,901 $17.77 $406,950.77
Family
Multi-Family Unit 10,449 1.00 10,449 $17.77 $185,678.73
Commercial Acre 2,834.56 2.00 5,669.12 $17.77 $100,740.26
TOTAL $693,369.76
The Proposed Annual Assessment against the Property (PARCEL MAP 17653) is:
Parcell 4.52 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $160.64 Annual Assessment
Parcel 2 3.11 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $110.53 Annual Assessment
Parcel 3 4.27 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $151.76 Annual Assessment
Resolution No. 06-318
Page 10 of 10
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 2006/07. 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 2450.2 1.00 2450.2 $51.40 $125,940.28
The Proposed Annual Assessment against the Property (PARCEL MAP 17653) is:
Parcell 4.52 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $232.33 Annual Assessment
Parcel 2 3.11 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $159.85 Annual Assessment
Parcel 3 4.27 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $219.48 Annual Assessment