HomeMy WebLinkAbout01-219 - Resolutions RESOLUTION NO. 01-219
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 NO. 1 FOR CUP 00-33
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 and Street Lighting Maintenance District No. 1 (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
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 I ID 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
Resolution No. 01-219
Page 2 of 7
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.
Please see the following page
for formal adoption,cerlificatlon and signatures
Resolution No. 01-219
Page 3 of 7
PASSED, APPROVED, AND ADOPTED this 3rd day of October 2001.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
0 oz
Gu -
William J. Alexa der, Mayor
ATTEST:
De I bra J. Ad CMC, City Clerk
I, DEBRAJ.ADAMS,CITY CLERKofthe Cityof 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 3`d day of October 2001.
Executed this 4`h day of October 2001, at Rancho Cucamonga, California.
Dlabra J. Adam , MC, City Clerk
Resolution No. 01-219
Page 4 of 7
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property are:
Alta Loma Assisted Living LLC, A Limited Liability Company
The legal description of the Property is:
PARCEL "A":
THAT PORTION OF THE EAST Y2 OF LOT 12, BLOCK 11 OF THE CUCAMONGA HOMESTEAD
ASSOCIATION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE(S) 46,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST %] OF SAID LOT 12; THENCE
NORTH 00 DEG. 35' 08"WEST ALONG THE WESTERLY LINE OF SAID EAST Y2 OF SAID LOT
12,A DISTANCE OF 330.00 FEET TO THE NORTH LINE OF THE SOUTHERLY 330.00 FEET OF
SAID EAST '/2 OF SAID LOT 12; THENCE NORTH 89 DEG. 37' 19" EAST ALONG SAID
NORTHERLY LINE, A DISTANCE OF 194.82 FEET; THENCE SOUTH 00 DEG. 22'41" EAST,A
DISTANCE OF 330.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 12, SAID
POINT BEING DISTANCT 193.63 FEET EASTERLY OF SAID SOUTHWEST CORNER OF SAID
EAST''/2 OF SAID LOT 12;THENCE SOUTH 89 DEG. 37' 19"WEST ALONG SAID SOUTHERLY
LINE, A DISTANCE OF 193.63 FEET TO THE POINT OF BEGINNING.
PARCEL "B":
THAT PORTION OF THE EAST''/z OF LOT 12, BLOCK 11 OF THE CUCAMONGA HOMESTEAD
ASSOCIATION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE(S) 46,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT ON THE SOUTHERLY LINE OF LOT 12, SAID POINT BEING DISTANT
193.63 FEET EASTERLY OF THE SOUTHEAST CORNER OF SAID EAST %OF SAID LOT 12;
THENCE ALONG NORTH 89 DEG. 37' 19" EAST FROM SAID POINT ALONG SAID SOUTHERLY
LINE, A DISTANCE OF 194.86 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST
275.00 FEET OF SAID LOT 12; THENCE NORTH 00 DEG. 41' 18" WEST ALONG SAID
WESTERLY LINE, A DISTANCE OF 330.00 FEET OF SAID EAST 1/20F SAID LOT 12;THENCE
SOUTH 89 DEG. 37' 19"WEST ALONG SAID NORTHERLY LINE,A DISTANCE OF 193.09 FEET
TO A POINT, SAID POINT BEING DISTANT 194.82 FEET EASTERLY FROM THE WESTERLY
LINE OF SAID EAST Y2 OF SAID LOT 12; THENCE SOUTH 00 DEG. 22'41" EAST FROM SAID
POINT, A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE,
CERTIFICATE NO. 503, RECORDED AUGUST 15, 2001, INSTRUMENT NO. 20010369701,
OFFICIAL RECORDS.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 01-219
Page 5 of 7
EXHIBIT"A"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 1
STREET LIGHTINCT MAINTENANCE DISTRICT NOS. 1 AND 2
J � LEGEND
AVENUE —♦ 9500 L STREET
LIGHT (HPSV)
srr coa ac THE Z
E. I LOT 1z But 11 ,
3S u u�wCHw HOMESTEAD 1' 100
ASSOCIATION
N OW35W W 330.
X41 37LL00' W 'd LOREN C.PN9LPS.. . �
1' * LS3173. .;.... .
33'
sar41•00-E 33aov
3r +4 T Fart sTREEr PlrRvaaEs To
$ THE CITY OF RANCHO IueANaHw
8
L•Z/-O/
A
L
AYEIHYSTS. 3173 PHR1ID3 DAIS EXPM 0-30-04
R
-- MING LOT UNE TO RD"
——--= LOT UNE TO BE REMOVED
f� NEW LOT UNE
EASEMENT FOR STREET PURPOSES
SHEET t OF 1 .53
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
SHEET A-2 STATE OF CALIFORNIA CUP 00-33
Resolution No. 01-219
Page 6 of 7
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
Landscape Maintenance District No. 1 (LIVID #1) represents 33.93 acres of landscape area and
43.25 acres of parks, which 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.
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: CUP 00-33
Number of Lamps
Street Lights 5800L 9500L 16 OOOL 22 OOOL 27,500L
SLD # 1 --- -2- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 1 --- --- --- 12
`Existing items installed with original project.
Assessment Units by District
Parcel DU S1 L 1
86 86 43
Resolution No 01-219
Page 7 of 7
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 Parcel 7269 1.0 7269 $92.21 $670.274.49
Family
Multi- Unit 5952 0.5 2976 $92.21 $274,416.96
Family
TOTAL $944,691.45
The Proposed Annual Assessment against the Property (CUP 00-33) is:
86 Dwelling Units x 0.5 A.U. Factor x $92.21 Rate Per A.U. = $3,965.03 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 Use Unit Type Units Units Factor Units Unit Revenue
Single 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 (CUP 00-33) is:
86 Dwelling Units x 1 A.U. Factor x $17.77 Rate Per A.U. = $1,528.22 Annual Assessment