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Home My WebLink About02-136 - Resolutions RESOLUTION NO. 02-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT 16217 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. 4, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 4 (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. 02-136 Page 2 of 10 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. PASSED, APPROVED, AND ADOPTED this 1 s'day of May 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None 5; d.Gc William J. lexander, Mayor Resolution No. 02-136 Page 3 of 10 ATTEST: Adams, C, 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 1 s` day of May 2002. Executed this god day of May 2002, at Rancho Cucamonga, California. ebra J. Adams C, City Clerk Resolution No. 02-136 Page 4 of 10 VICINITY MAP URm a oo�u e1 IT VICINITY MAP CITY OF RANCHO CUCAMONGA Resolution No. 02-136 Page 5 of 10 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Western Land Properties,A California Limited Partnership, and LDC Cougar, LLC, A Delaware Limited Liability Company The legal description of the Property is: ALL THAT PORTION OF LOT 1; SHOWN ON TRACT NO. 2202,IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 34 OF MAPS, PAGES 67 AND 67 — 1/2, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON CUCAMONGA FRUIT LAND COMPANY'S SUBDIVISION, AS PER MAP RECORDED IN BOOK 4 OF MAPS, PAGE 9, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE AREA BOUNDED BY THE FOLLOWING DESCRIBED LINES:. ON THE NORTH AND WEST BY THE SOUTHERLY AND EASTERLY LINES OF PARCEL MAP NO. 10295,AS PER MAP RECORDED IN BOOK 132 OF PARCEL MAPS,PAGES 27 TO 29,RECORDS OF SAID COUNTY; ON THE SOUTH BY THE NORTHERLY LINE OF TRACT NO. 13270, AS PER MAP RECORDED IN BOOK 13270,IN BOOK 213 OF MAPS,PAGES 72 TO 74,RECORDS OF SAID COUNTY; AND ON THE EAST BY THE WESTERLY LINE OF MILLIKEN AVENUE AS DESCRIBED IN THE DEEDS TO THE CITY OF RANCHO CUCAMONGA, RECORDED JUNE 16, 1989 AS INSTRUMENT NO. 89-219035, OFFICIAL RECORDS AND RECORDED JULY 12, 1988 AS INSTRUMENT NO. 88-223611, OFFICIAL RECORDS. TOGETHER WITH THOSE PORTIONS OF MILLIKEN AVENUE AS DESCRIBED IN THE EASEMENTS TO THE CITY OF RANCHO CUCAMONGA,A MUNICIPAL CORPORATION, RECORDED JULY 12, 1988 AS INSTRUMENT NO. 88-223611 AND RECORDED JUNE 16, 1989 AS INSTRUMENT NO.89-219035,BOTH OF OFFICIAL RECORDS,WHICH WILL PASS WITH THE CONVEYANCE OF THE ABOVE DESCRIBED LAND. EXCEPT FROM THAT PORTION OF LOT 1 DESCRIBED HEREIN; AND A PORTION OF MILLIKEN AVENUE, ALL OIL, GAS, MINERALS, HYDROCARBON AND KINDRED SUBSTANCES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS GRANTED TO WESTERN SUPPLY CORP., BY DEED RECORDED SEPTEMBER 17, 1979, IN BOOK 972, PAGE 1262, OFFICIAL RECORDS. A - 1 Resolution No. 02-136 Page 6 of 10 Exhibit "A" continued ALSO EXCEPT FROM A PORTION OF MILLIKEN AVENUE,ALL MINERALS,INCLUDING, WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES,AS WELL AS METALLIC OR OTHER SOLID MINERALS, LYING NOT LESS THAN 500 FEET BELOW THE SURFACE THEREOF, WITHOUT THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LAND, OR ANY PART THEREOF, FOR THE PURPOSE OF DRILLING,FOR,MINING,OR OTHERWISE REMOVING,ANY OF SAID MINERALS, AS RESERVED BY ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, IN THE DEED RECORDED JUNE 7, 1982 AS INSTRUMENT NO. 8-110691 OF OFFICIAL RECORDS. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A - 2 Resolution No. 02-136 Page 7 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO.4(TERRA VISTA PLANNED COMMUNITY): Landscape Maintenance District No. 4 (LMD 44) represents landscape sites throughout the Terra Vista Planned Community. These sites are considered to a 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 sites in Terra Vista that are maintained by the district consist of parkways, median islands, street trees,paseos and parks. The 36.23 acres of park consist of Coyote Canyon Park, Milliken Park, West Greenway Park, Spruce Park and La Mission Park. 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 DLSTMCTNO 4 (TERRA VISTA PLANNED COMMUNITY): Street Light Maintenance District No.4(SLD#4)is used to fund the maintenance and/or installation of street lights and traffic signals located within the Terra Vista Planned Community. Generally this area encompasses the residential area of the City east of Haven Avenue, south of Base Line Road, north of Foothill Boulevard and west of Rochester Avenue. 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 local streets and traffic signals(or a portion thereof) on local streets within the Terra Vista Planned Community. B - 1 Resolution No. 02-136 Page 8 of 10 Exhibit"B" continued Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 16217 Number of Lamps Street Lights 5800L 9500L 16,0001, 22,0001, 27,5001, SLD # 1 --- --- --- --- SLD# 4 --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 4 --- --- -- 5 *Existing items installed with original project Assessment Units by District Parcel DU Sl S4 L4 166 --- --- -- 83 B - 2 Resolution No. 02-136 Page 9 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO.4(TERRA VISTA PLANNED COMMUNrM: The rate per assessment unit(A.U.)will not be increased in fiscal year 2001/02. The following table summarizes the assessment rate for Landscape Maintenance District No. 4 (Terra Vista Planned Community): # of Assessment #of Rate Per Physical Units Assessment Assessment Land lase Tyne Units Fa for IWtc Unit Revenue Single Parcel 1788 1.0 1788 $252.50 $ 451,470.00 Family Multi- Unit 2499 1.0 2499 $222.00 $ 554,778.00 Family Commercial Acre 199.45 1.0 199.45 $382.99 $ 76,387.36 TOTAL $1,082,635.36 The Proposed Annual Assessment against the Property(TR 16217) is: 166 Units x 1 A.U. Factor x $28.96 Rate Per A.U. = $4,807.36 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2001/02. 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- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family 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(TR 16217) is: 166 Units x 1 A.U. Factor x $17.77 Rate Per A.U. = $2,949.82 Annual Assessment C - I Resolution No. 02-136 Page 10 of 10 Exhibit"C" continued STREET LIGHT MAINTENANCE DISTRICT NO.4 (TERRA VISTA PLANNED COMNIIJNn V): The rate per assessment unit (A.U.) is $28.96 for the fiscal year 2001/02. The following table summarizes the assessment rate for Street Light Maintenance District No. 4 (Terra Vista Planned Community): #of # of Rate Per Physical Physical Assessment Assessment Assessment IandIJce IJnitTyne Units IJnit.Factor IJnita Unit Revenue Multi- Unit 2,499.00 .05 1,249.50 $28.96 $36,186.00 Family Single Parcel 1,786.00 1.00 1,786.00 $28.96 $51,723.00 Family Commercial Acre 199.45 2.00 398.90 $28.96 $11,552.00 TOTAL $99,461.00 The Proposed Annual Assessment against the Property(TR 16217) is: 166 Units x 0.5 A.U. Factor x $28.96 Rate Per A.U. = $2,403.68 Annual Assessment C - 2