HomeMy WebLinkAbout06-335 - Resolutions RESOLUTION NO. 06-335
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 LIGHT
MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2005-00683
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 Light Maintenance District No. 1 and Street
Light 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. 06-335
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. 06-335
Page 3of10
PASSED, APPROVED, AND ADOPTED this 1S1 day of November 2006.
AYES: Alexander, Gutierrez, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
William J. Alex der, ayor if
ATTEST:
)&J,&,Z 0'q'�
Debra J. AdEV, 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 1St day of November 2006.
Executed this 2nd day of November 2006, at Rancho Cucamonga, California.
L6t &v�
Debra J. Ad ms MC, City Clerk
Resolution No. 06-335
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Hyssop Rancho Cucamonga Properties, LLC
The legal description of the Property is:
THAT PORTION OF LOT 95 OF THE MAP OF ROCHESTER AS SHOWN BY MAP
RECORDED IN BOOK 9, PAGE 20 OF MAPS AND THOSE PORTIONS OF LOT 1 THROUGH
6 INCLUSIVE, LOTS 25 THROUGH 30 INCLUSIVE, IN BLOCK 1; LOT 20 IN BLOCK 2; LOTS
13, 14 AND 15 IN BLOCK 7; AND LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 8,
' ACCORDING TO MAP OF TOWNSITE OF ROCHESTER, IN THE CITY OF RANCHO
CUCAMONGA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
PLAT RECORDED IN BOOK 12, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. TOGETHER WITH THOSE PORTIONS OF SECOND
STREET AND THE UNNAMED STREET ADJOINING SAID BLOCKS AS ABANDONED BY
RESOLUTIONS OF BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO.
CERTIFIED COPIES OF WHICH WERE RECORDED MARCH 15, 1928 IN BOOK 346, PAGE
79, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AND RECORDED DECEMBER 18, 1936 IN BOOK 1177, PAGE 320, OFFICIAL
RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 15, BLOCK 1 OF SAID MAP, SAID
POINT BEING ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET (MEASURED AT
RIGHT ANGLES) SOUTHERLY FROM THE SOUTHERLY RIGHT-OF-WAY LINE OF A.T. AND
S.F. RAILROAD, SAID PARALLEL LINE BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF
EIGHT STREET (FORMERLY FIRST STREET);
THENCE SOUTH 870 54' 58" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 380.30
FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 870 54' 58" WEST, 221.81 FEET;
THENCE SOUTH 130 06' 21" WEST, 340.09 FEET TO A POINT ON A 7000.00 FOOT
TANGENT CURVE CONCAVE EASTERLY TO WHICH A RADIAL LINE BEARS NORTH 760
53' 39" WEST;
THENCE SOUTHERLY ALONG SAID CURVE 443.11 FEET THROUGH A CENTRAL ANGLE
OF 030 37' 37" TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 800 31' 16" WEST;
THENCE NORTH 890 49' 32" EAST, 290.79 FEET TO A POINT ON A 7633.00 FOOT RADIUS
CURVE TO WHICH A RADIAL LINE BEARS NORTH 850 18' 39" WEST, SAID POINT BEING
ON THE WESTERLY RIGHT-OF-WAY LINE OF HYSSOP DRIVE DISTANT 33.00 FEET
(MEASURED AT RIGHT ANGLES) FORM THE CENTERLINE THEREOF;
Resolution No. 06-335
Page 5 of 10
THENCE NORTHERLY ALONG SAID CURVE 331.98 FEET THROUGH A CENTRAL ENGLE
OF 020 29' 31" TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 820 49' 08", SAID
POINT BEING ON THE SOUTHERLY LINE OF SAID LOT 5, BLOCK 8 OF SAID MAP;
THENCE NORTH 890 49' 03" EAST ALONG SAID SOUTHERLY LINE, 58.75 FEET;
THENCE NORTH 000 13' 21" EAST, 333.38 FEET;
THENCE NORTH 000 11' 47" EAST, 109.16 FEET TO THE TRUE POINT OF BEGINNING;
THE AREA OF THIS PARCEL IS APPROXIMATELY 210,188 SF (4.83 ACRES) MORE OR
LESS.
THE ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT "B" ATTACHED HEREWITH
AND BY THIS REFERENCE MADE A PART HEREOF.
Resolution No. 06-335
Page 6 of 10
EXHIBIT"A"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 3B
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6
DMC2005- 006£33
W
O
O
I .
,Z
q
b
LEGEtvu
•— STREETLIGHT
4ea.-5800L HF5V
Ilea.— S BEET i SEES
I
m �
e
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA DRC20o5 00683
A- 3
Resolution No. 06-335
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. 06-335
Page 8 of 10
Exhibit"B" continued
Proposed additions to Work Program (Fiscal Year 2006/2007)
For Project: DRC2005-00683
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD# 1
SLD# 6 4
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 3B 11
Assessment Units by District
Parcel DU or Acres S11 S6 L 3B
6.72 Acres 2 1 1
Resolution No. 06-335
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 (DRC2005-00683) is:
6.72 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $2,370.82 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (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 (DRC2005-00683) is:
6.72 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $238.83 Annual Assessment
Resolution No. 06-335
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 (DRC2005-00683) is:
6.72 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $345.41 Annual Assessment