HomeMy WebLinkAbout01-090 - Resolutions RESOLUTION NO. 01-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP
15398
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. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District
No. 2 (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. 01-090
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 XI IID applicable to the authorization to the 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 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.
Resolution No. 01-090
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 18`h day of April 2001.
AYES: Alexander, Biane, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Aleander, or
ATTEST:
Z'"Qjiz�
Debra J. Ada—V,--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 18th day of April 2001.
Executed this 19'h day of April, at Rancho Cucamonga, California.
L4W I 440"n
e ra J. Ada MC, City Clerk
Resolution No. 01-090
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
KEYSTONE INVESTMENT, LLC
The legal description of the Property is: .
THOSE PORTIONS OF LOTS 9 AND 10, BLOCK 14, CUCAMONGA HOMESTEAD
ASSOCIATION LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA,AS SHOWN BY MAP RECORDED IN BOOK 6 OF
MAPS, PAGE 46, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 10, A
DISTANCE OF 230.00 FEET OF THE NORTHWEST CORNER OF SAID LOT; THENCE
SOUTH 00 DEG 35' 44" EAST 264.00 FEET PARALLEL WITH THE WESTERLY LINE OF
SAID LOT 10 TO THE NORTHWEST CORNER OF PARCEL 3 OF AMENDING PARCEL MAP
1843 AS RECORDED IN BOOK 23 OF PARCEL MAPS PAGE 10, RECORDS OF SAID
COUNTY; THENCE NORTH 89 DEG 39' 28" EAST 330.05 FEET TO THE NORTHEAST
CORNER OF PARCEL 4 OF SAID AMENDING PARCEL MAP 1843; THENCE NORTH 00
DEG 34' 56"WEST 264.11 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID LOT 10;
THENCE ALONG SAID NORTHERLY BOUNDARY LINE OF SAID LOT 10: THENCE
ALONG SAID NORTHERLY BOUNDARY LINE SOUTH 89 DEG 38' 19"WEST 330.11 FEET
TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF SAID LOT 9 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE OF AFORESAID LOT
10,A DISTANCE OF 383.75 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 10,
SAID POINT ALSO BEING AT THE INTERSECTION WITH A CURVE CONCAVE TO THE
NORTHWEST AND HAVING A RADIUS OF 1444.00 FEET AND TO WHICH POINT A
RADIAL BEARS NORTH 14 DEG 32' 3 1"WEST,THENCE NORTHEASTERLY 171.87 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 DEG 49' 10"TO A POINT ON
SAID CURVE ON WHICH A RADIAL BEARS NORTH 21 DEG 21' 41" WEST; THENCE
NORTH 68 DEG 38' 19" EAST 13.29 FEET; THENCE SOUTH 00 DEG 34' 56" EAST 56.68
FEET;THENCE SOUTH 89 DEG 38' 19"WEST 176.37 FEET TO THE POINT OF BEGINNING.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
A— 1 PM 15398
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Resolution No. 01-090
Page 6 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
Landscape Maintenance District No. 1 (LMD#1)represents 33.93 acres of landscape area and 43.25
acres of parks that are located at various sites throughout the City. These sites are not considered to
be associated with any one particular area within the City, but rather benefit the entire City on a
broader scale. As such, the parcels within this district do not represent a distinct district area as do
the City's remaining LMD's. Typically parcels within this district have been annexed upon
development.
The various sites maintained by the district consist of parkways, median islands,paseos, street
trees, entry monuments, Community Trails and Parks. The 43.25 acres of parks consist of Bear
Gulch Park which is 5 acres, 20 acres of East and West Beryl Park, 5 acres of Old Town Park,
6.5 acres of Church Street Park,the Rancho Cucamonga Senior Center which consists of 175
acres and the newest park, Golden Oaks Park located on 6' Street, west of Archibald.
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. 2 (LOCAL STREETS):
Street Light Maintenance District No.2(SLD#2)is used to fund the maintenance and/or installation
of street lights and traffic signals located on local streets throughout the City but excluding those
areas already in a local maintenance district. Generally this area encompasses the residential area of
the City west of Haven Avenue. It has been determined that the facilities in this district benefit this
area of the City.
The sites maintained by the district consist of street lights on local streets and traffic signals (or a
portion thereof) on local streets generally west of Haven Avenue.
B— I PM 15398
Resolution No. 01-090
Page 7 of 10
Exhibit B(continued)
Proposed additions to Work Program(Fiscal Year 2001/2002)
For Project: PM 15398
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD# 1 --- --- --- --- ---
SLD#2 --- --- — --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 1 --- --- --- ---
'Existing items installed with adjacent project(TR 14207)
B-2 PM 15398
Resolution No. 01-090
Page 8 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General City):
#of #of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single
Family Parcel 7269 1.0 7269 $92.21 $670.274.49
Multi-
Family Unit 5952 0.5 2976 $92.21 $274,416.96
TOTAL $944,691.45
The Proposed Annual Assessment against the Property(PM 15398)is:
3 Parcels x 1 A.U. Factor x $92.21 Rate Per A.U.= $276.63 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
Land I Ise IWit Tvne I Jmitq IlnitsFactor I Toils ilnrt Revenue
Single
Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Family
Multi-
Family Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00
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(PM 15398)is:
3 Parcels x 2 A.U. Factor x $17.77 Rate Per A.U. = $106.62 Annual Assessment
C- 1 PM 15398
Resolution No. 01-090
Page 9 of 10
Exhibit C(continued)
STREET LIGHT MAINTENANCE DISTRICT NO.2(LOCAL STREETS):
The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 2(Local Streets):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land❑ce Knit Tyne Units Units Factor I In Unit Revenue
Single
Family Parcel 6606 1.00 6606 $39.97 $264,042.00
The Proposed Annual Assessment against the Property(PM 15398) is:
3 Parcels x 1 A.U. Factor x $39.97 Rate Per A.U._ $119.91 Annual Assessment
C-2 PM 15398
Resolution No. 01-090
Page 10 of 10
CERTITICATE OF SUFFICIENCY
CONSENT AND WAIVER TO ANNEXATION
FOR PARCEL MAP 15398
LANDSCAPE MAINTENANCE DISTRICT NO. 1,
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
WILLIAM J. O"NEIL, the undersigned,hereby certifies as follows:
That I am the duly CITY ENGINER of the CITY OF RANCHO CUCAMONGA,
CALIFORNIA.
That on the 18'" day of April, 2001, I reviewed a Consent and Waiver to Annexation
pertaining to the annexation of certain property to the Maintenance District, a copy of which is on
file in the Office of the City Clerk.
That I caused said Consent and Waiver to Annexation to be examined and my examination
revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the
property within the territory proposed to be annexed to the Maintenance District.
That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of
the Streets and Highways Code of the State of California.
EXECUTED this 18' day of April, 2001, at Rancho Cucamonga, California.
( ��,
CI EN . � R
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA