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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 -I .BD n -AD. mVB. 213 35 37 •x. i• ./..r'� 1� F., 1po -� 1 j W�:42G+ ew e� 7 11402',"1 B 273 36420, ,. rh' �/ i�I� _ •\ 15 �\ -:.1, 4 66 36 19 E V 7� v� Irl .II ._ -� ��-'� - � =•. +�,V- ,i - fiJ Jia VA/�.' t A Q eJ s 5 0 i .. ,.w ,N T ACT NO,14207 l5B PAG• '' w '�� (�'6 Nm,as •.A0°DD_ (64." _ .. .; CA ! - 7 T73 135 37 O fl .✓ .I I e` v7 r ++ A ':.� ►j � ''.n n691619' c 15]. 6 K30 Ol PROPOSED APA+NIN6 SPLASH NAU .1 YAN• MSI I M t '� I::YYYIII, '�l 6 IS 26' ),A. S 2:1 yy. l JJ O /RA _ p y T 0 ' �Y 1 — - s �'flACT. NO 93:3 - Jn LAZA tia 82 87 - 69 .7 IeTl6+i Ley r - PARCEL 1 ( ARCEL 2 ° 11 \ - m (j v 9 �I za a4e 5.I 20.137 S,' Y Cil 62.5 PAD t3"i 60.4 PAD mutlwwl •a 1 l5i 5 d 0 — 0 1 \NMA )1 F _-- \��_ —:. A-i CA /Z x+ 19 IG' COJES B-AN IFA; i� PROPOSED JRA,H P YE a! 1.ryO 1A l L I Iu `i0 11 M- 1)5 Sl OPCS 'O BE 1': Cw 21 '.Y ,62A. - \ ANOSUP(D _ H n PROPOSED!DNA!N PIPE i..l Y 2 4 al Nat 42':D /fiAu.'e - - _eek' 1 u) ' / � AA.9 Z) all �, - _ F2ACT NO. 8313 1 ED A:1.,S �--f uu s or niB e2+ 07 69 — y cn PARCEL 3 u•0 PAD uruR )D' Z o 8• 46 261 S ' y c1a E vC• :2 Y_M1 I DVE { o ]: SLOPES to BE O 3A 1 .AND9e6Pm _. N C I --�� k I 1 _. - CD cn ` O'392B' i )OO1O '07 16 n'Iii!.E` . :ill � E0 0 C(stSaa i.,.aurED TRACT NO.6313 O O MB 82, 67 - 88 N , r \ r Sfn2E NeN'E ..:1 ALLW p1A1 W.6E i0 ` I 1 .LD1 iNSD ALAiD2Ai - - '� OAA IIUCF LgMSE 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