HomeMy WebLinkAbout02-064 - Resolutions RESOLUTION NO. 02-064
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 DR 00-61
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 territoryto 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 XI IID 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 XIIID 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. 02-064
Page 2 of 8
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 Territoryto
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,certircation and signatures
Resolution No. 02-064
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 6'h day of March 2002.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Ales der, Mayor
ATTEST:
[Jdbra J. Adam VMC, 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 6`h day of March 2002.
Executed this 7th day of March 2002, at Rancho Cucamonga, California.
it 0 In
D bra J. Ada C, City Cler c
Resolution No. 02-064
Page 4 of 8
Exhibit A
identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
MALVEN HOUSING PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP
The legal description of the Property is:
PARCEL 1:
That portion of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section
11,township 1 South, Range 7 West, in the City of Rancho Cucamonga,County of San Bernardino,
State of California,as shown on the map of Cucamonga Lands,recorded in Book 4, Page 9 of Maps
in the office of the County Recorder of said County, described as follows:
Beginning at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter
of the Southwest quarter of said Section 11, said point being in the South line of Arrow Route
Highway (40.00 feet wide) and also being the Northeast corner of the parcel of land conveyed to
Stanley D.Weaver, ey ux, by Instrument No. 135, recorded July 19, 1966 in Book 3990, Page 594,
Official Records; thence South along the East line of said Weaver property, 273.00 feet, more or
less, to the Southeast corner thereof; thence Westerly to the Northeast corner of the property
conveyed to Chino Basin Municipal Water District, by Instrument No. 27, recorded Noeember 12,
1954 in Book 3504, Page 160, Official Records; thence Southerly along the Easterly line of said
Chino Basin Municipal Water property 333.20 feet to the Southeast corner thereof; thence West
along the South line of said Chino Basin Municipal Water property, 302.71 feet to the East line of
Archibald Avenue 60.00 feet wide;thence South along the East line of Archibald Avenue,57.00 feet,
more or less, to the South line of the Northwest quarter of the Northwest quarter of the Southwest
quarter of said Section 11,thence South 890 42'56" East along the said South line of the Northwest
quarter of the Northwest quarter of the Southwest quarter of Section 11, 665.45 feet, more or less,
to the Southeast corner thereof, said point also being the Southwest corner of Lot 36, Tract No.
5347, as per plat recorded in Book 66 of Maps, Page 12; thence North along the East line of the
said Northwest quarter of the Northwest quarter of the Southwest quarter of Section 11, being also
the Westerly line of Tract No. 5347, said West line extended Northerly 663.98 feet to the South line
of Arrow Route Highway; thence West along the South line of Arrow Route Highway 332.70 feet,
more or less, to point of beginning.
Except the interest conveyed to the County of San Bernardino for road purposes by deed recorded
May 3, 1960 in Book 5127, Page 402 of Official Records, in the office of the County Recorder of
said County.
Also except that portion thereof described in the deed to the County of San Bernardino recorded
May 28, 1964 in Book 6158, Page 909 of Official Records.
Excepting therefrom that portion Northwest quarter, Southwest quarter, Section 11, Township 1
South, Range 7 West commencing at the Northwest corner of Lot 53,Tract No. 5347;thence North
890 42' 34"West along the Westerly prolongation of the North line of said lot,85.00 feet to the true
point of beginning; thence continuing North 890 42' 34" West 116.85 feet to the beginning of a
tangent curve concave Southeasterly having a radius of 20.00 feet;thence Southwesterly along said
curve, through an angle of 900 25' 05"a distance of 31.56 feet;thence tangent to said curve South
00 07' 39" East 184.00 feet; thence South 89° 42' 34" East 136.83 feet; thence North 00 07' 39"
West 204.00 feet more or less to the true point of beginning.
Resolution No. 02-064
Page 5 of 8
Exhibit "A" continued
Togetherwith any interest in that 60foot wide strip of land known as Alpine Street(unimproved)lying
within the above described parcel.
Also excepting therefrom that portion of the Northwest one-quarterof the Northwest one-quarterof
the Southwest one-quarterof Section 11,Township 1 South, Range 7 West,Cucamonga Lands, in
the County of San Bernardino, State of California, as per map in Book 4, Page 9 of Maps, in the
office of the County Recorder of said County, described as follows:
Beginning at the Southwest corner of Lot 37 of Tract No. 5347, as per map recorded in Book 66,
Page(s) 11 and 12 of Maps, in the office of the County Recorder of said County;thence North along
the West line of said Lot 37 and the West line of Lot 52 of said Tract No. 5347, to the Southeast
corner of the land conveyed to the County of San Bernardino by deed recorded April 28, 1978 in
Book 9421, Page 1867 of Official Records of said County;thence West along the South line of said
County property to the Southwest corner thereof, said point also being the Easterly line of Malvern
Avenue as conveyed to County of San Bernardino, by deed recorded May 3, 1960 in Book 5127,
Page 402 of Official Records of said County;thence Southerly, Southeasterly and Easterly along the
Easterly line of Malvern Avenue and the North line of Salina Street to the point of beginning.
Also excepting therefrom that portion of said land as described by deed recorded August 21, 1978 in
Book 9500, Page 578 of Official Records of said County,also known as Parcel 3 of Parcel Map No.
4875 as per map recorded in Book 46, Page(s)91 and 92 of Parcel Maps, records of said County.
Except therefrom that portion thereof lying Northerly of the following described line:
Beginning at the intersection of the Southerly prolongation of the Easterly line of the property
conveyed to Chino Basin Municipal Water District, by instrument No. 27, recorded No\ember 12,
1954 in Book 3504, Page 160, Official Records with the South line of the Northwest quarter of the
Northwest quarter of the Southwest quarter of said Section 11; thence Northerly along said
prolongation and said Easterly line North 00° 07' 22" West 245.15 feet to the True Point of
Beginning; thence South 89° 50' 52" East 129.84 feet, more or less to the Westerly line of Malvern
Avenue 66.00 feet wide.
Also except therefrom that portion thereof lying Westerlyof above-described Southerly prolongation
of the Easterly line of the property conveyed to Chino Basin Municipal Water District,by Instrument
No. 27, recorded November 12, 1954 in Book 3504, Page 160, Official Records.
As per Certificate of Compliance No. 479 for Lot Line Adjustment recorded February21, 2001 as
Instrument/File No. 20010063631 of Official Records.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 02-064
Page 6 of 8
EXHIBIT^A•
ASSESSMENT DIAGRAM
AND LANDSCAPE MAINTENANCE DISTRICT NO. 1
���t10 t`✓
STREET LIGHT N0 MAINTENANCE DISTRICT NO. 1
(+ LORTA C.PHRLIMSILS 3173,
* FfiPlv:3oa� � I �
FOF CAUL
651 �
N89'50'52V 1p. 129-84' 33' 33'
i.i d) SCALE: 1'=50'
M
N zin
2
NN R
L�108-58
N R-89.00' O
ANm8920�•g7•
cii� _ O
tOb WMA tooSTRB6P
AREA TO 2
BE VACATED N89'42'110E r )
_V33.93
N N8969001'E SOUTHRLY LINE OF I a0
N SAUNA STREET
PARCEL I OF I N
TRUE POINT OF BEGINNING POINT OF BEGINNING
Z l} WESTERLY UNE
LA I'791 TR. NO. 5347 I �1
19' SIDEWALK
DR OQ-6 1
LORENC. PHILLIPS. DATE WQy� ivateEMENT I M
^o
P.L.S. 3173 I
R I Z
S89'42'59'E 332.91'
LEGEND
® PREPARED BY
---DENOTES VACATION OF R-O-W
BY CITY TO OWNER. LOREN PHIWPS & ASSOCIATES
- -- EASEMENT LINE 22632 GOLDEN.SPRINGS DR. SUITE 230
!—� -NEW STREET LIGHT DIAMOND BAR, CA. 91785
SBOO L (H PSV) (909) 396-9636
G PHILUPS LFL 3173
queer A_7
Resolution No. 02-064
Page 7 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2001/2002
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
Landscape Maintenance District No. 1 (LIVID #1) represents 33.93 acres of landscape area and
41.88 acres of parks, which are located at various sites throughout the City. These sites are not
considered to be associated with anyone particular area within the City, but rather benefit the entire
City on a broader scale. As such, the parcelswithin 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 41.88 acres of parks consist of Bear
Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park
and the Rancho Cucamonga Senior Center.
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 trafic 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: DR 00-61
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 2 1 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L#1 --- --- --- 9
*Existing items installed with original project
Assessment Units by District
Parcel DU S1 L 1
N/A 49 1 0.5
Resolution No. 02-064
Page 8 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2001/2002
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2001/02. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General Citi:
# of Assessment # of Rate Per
Physical Units Factor Assessment Assessment
Land Use Type Units Units Unit Revenue
Single DU 7573 1.0 7269 $92.21 $670.274.49
Family
Multi- DU 5952 0.5 2976 $92.21 $274,416.96
Family
TOTAL $944,691.45
The Proposed Annual Assessment against the Property(DR 00-61) is:
49 DU x 0.5 A.U. Factor x $92.21 Rate Per A.U. _ $2,259.15 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 Tvoe 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(DR 00-61) is:
49 DU x 1 A.U. Factor x $17.77 Rate Per A.U. _ $870.73 Annual Assessment