HomeMy WebLinkAbout02-175 - Resolutions RESOLUTION NO. 02-175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 13527
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. 7, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District
No. 7 (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 XIIID of the Constitution of the State of
California ("Article XII ID")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. 02-175
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 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,certification and signatures
Resolution No. 02-175
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 5`h day of June 2002.
AYES: Alexander, Biane, Curatalo, Williams
NOES: None
ABSENT: Dutton
ABSTAINED: None
William J. Ale nd2eay,
ATTEST:
Afito
Debra J. Ada CMC, City Clerk
I, DEBRA J.ADAMS,CITY CLERK of the 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,ata Regular Meeting of said City Council held
on the 5`h day of June 2002.
Executed this 61h day of June 2002, at Rancho Cucamonga, California.
/4�a&t6�1�
D6bra J. AdarW, CMC, City Clerk
Resolution No. 02-175
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
GENERAL ELECTRIC CAPITAL CORPORATION, A NEW YORK CORPORATION
The legal description of the Property is:
TENTATIVE TRACT NO. 13527, BEING A SUBDIVISION OF THE FOLLOWING DESCRIBED
PROPERTY:
THE SOUTHEAST '/a OF SECTION 20 AND THE SOUTHEAST'/4 OF THE SOUTHWEST '/4 OF
SECTION 20, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTYOF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE
SURVEYOR GENERAL DATED NOVEMBER 13, 1885.
EXCEPT THEREFROM THE WESTERLY 150 FEET OF SOUTHEAST'/<OF THE SOUTHWEST
/4 OF SAID SECTION 20.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SOUTHERN SURPLUS
REALITY CO., BY DEED RECORDED OCTOBER 4, 1973, IN BOOK 8281, PAGE 144,OFFICIAL
RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION CONDEMNED TO THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT BY FINAL ORDER OF CONDEMNATION RECORDED
OCTOBER 4, 1979, IN BOOK 9785, PAGE 1107, OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ALL THAT PORTION LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE NORTH ''/2 OF THE SOUTHEAST
'/4 OF SECTION 20; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTH Y2 OF THE
SOUTHEAST '/40F SECTION 20, NORTH 89 DEG. 25' 31" WEST, 104.06 FEET TO A POINT
OF CUSP ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1006.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 70 DEG. 05' 48" EAST; THENCE
TRAVERSING THE INTERIOR OF SAID NORTH '/2 OF THE SOUTHEAST '/4 OF SECTION 20,
THE FOLLOWING NINE (9) COURSES:
Resolution No. 02-175
Page 5 of 10
Exhibit "A" continued
(1)NORTHERLY 19.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 DEG.
06'57"TO A NON-TANGENT LINE TO WHICH A RADIAL LINE BEARS SOUTH 71 DEG. 12'45"
EAST;
(2) NORTH 89 DEG. 40' 00" WEST, 130.49 FEET;
(3) NORTH 87 DEG. 37' 00" WEST, 331.63 FEET;
(4) NORTH 89 DEG. 00' 00" WEST, 280.00 FEET;
(5) SOUTH 87 DEG. 30' 00" WEST, 102.14 FEET;
(6) SOUTH 89 DEG. 18' 00" WEST, 185.04 FEET;
(7) SOUTH 87 DEG. 00' 00" WEST, 91.66 FEET;
(8) SOUTH 89 DEG. 30' 00" WEST, 84.32 FEET;
(9) SOUTH 07 DEG. 30' 00" EAST, 13.79 FEET SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89 DEG. 25' 31" WEST, 49.78 FEET;
THENCE TRAVERSING THE INTERIOR OF SAID NORTH Y2 OF THE SOUTHEAST '/4 OF
SECTION 20, THE FOLLOWING THREE (3) COURSES:
(1) NORTH 22 DEG. 00' 00" EAST, 16.08 FEET;
(2) SOUTH 89 DEG. 52' 00" WEST, 303.06 FEET;
(3) SOUTH 00 DEG. 34' 30" WEST, 11.23 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 DEG. 25' 31" WEST, 60.00 FEET;
THENCE TRAVERSING THE INTERIOR OF SAID NORTH '/Z OF THE SOUTHEAST '/4 OF
SECTION 20, THE FOLLOWING FOUR (4) COURSES;
(1) NORTH 00 DEG. 34' 30" EAST, 11.61 FEET;
(2) SOUTH 88 DEG. 10' 00" WEST, 95.90 FEET;
(3) NORTH 89 DEG. 41' 00" WEST, 560.56 FEET;
(4) SOUTH 44 DEG. 44' 04" WEST, 7.05 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 DEG.25'31"WEST,62.73 FEET TO THE
SOUTHEASTERLY LINE OF THE PROPERTY CONVEYED TO SURPLUS REALTY CO., A
CALIFORNIA CORPORATION, BY DEED RECORDED APRIL 17, 1973, IN BOOK 8163, PAGE 17,
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM TRACT NO. 14379, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK
246, OF MAPS, PAGE(S) 57 TO 61, INCLUSIVE, RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM TRACT NO. 14380, IN THE CITYOF RANCHO CUCAMONGA,
COUNTYOF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK
246 OF MAPS, PAGES(S) 62 TO 67 INCLUSIVE, RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM TRACT NO. 14381, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK
276 OF MAPS, PAGES(S) 17 TO 21 INCLUSIVE, RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM TRACT NO. 14382, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 280 OF MAPS, PAGES(S) 48 TO 52 INCLUSIVE, RECORDS OF SAID
COUNTY.
The above-described parcels are shown on sheet A-3 attached herewith and by this reference
made a part hereof.
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EXISTING LMD AREAS: Wilson Avenue frontage and median east of Cervantes;Etiwanda Avenue frontages;Community Trail and
lettered lots in Tracts 14380 and 14381
PROPOSED LMD AREAS: Wilson Avenue frontage and median west of Cervantes;Cervantes to first interior street;one lettered lot in
Tract 13527 and temporary basin landscaping,including Tejas Court frontage
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CITY OF ITEM: Tract 13527 °
RANCHO CUCAMONGA 4 -3 TITLE:Assessment Diamm O "'
ENGINEERING DIVISION EXHIBIT: LMD 7.SLD 1.SLD 7
Resolution No. 02-175
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2001/2002
LANDSCAPE MAINTENANCE DISTRICT No.7(NORTH ETIWANDA):
Landscape Maintenance District No. 7 (LIVID #7) represents landscape sites throughout the
Etiwanda North Area. These sites are 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 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 maintained by the district consist of parkways, median islands, paseos, street
trees, Community Trails and Etiwanda Creek 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 trafic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
STREET LIGHT MAINTENANCE DISTRICT NO.7 (NORTH ETIWANDA):
Street Light Maintenance District No. 7 (SLD#7)is used to fund the maintenance and/or installation
of street lights and traffic signals located on local streets in what is termed the North Etiwanda area
of the City. Generally this area encompasses the area of the City east of Day Creek Channel and
north of Highland Avenue within the incorporated area of the City. 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 trafic signals (or a
portion thereof) on local street within the North Etiwanda area.
Resolution No. 02-175
Page 8 of 10
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: Tract 13527
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 --- -9- --- --- ---
SLD # 7 -20- --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # 7 --- --- 46,390 263
'Existing items installed with original project
Assessment Units by District
Parcel DU S1 S7 L 7
45 DU 45 45 45
Resolution No. 02-175
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2001/2002
LANDSCAPE MAINTENANCE DISTRICT NO.7(NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2001/02. The following table
summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etimnda):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 1314 1.00 1314 $307.05 $403,464.00
Family
Comm/Ind. Acre 5 2.00 10 $307.05 $ 3,071.00
TOTAL $406,535.00
The Proposed Annual Assessment against the Property is:
35 Parcels x 1 A.U. Factor x $307.05 Rate Per A.U. _ $13,817.25 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 Tvoe Units Units Factor Units Unit Revenue
Single Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38
Family
Multi-Family Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51
Commercial Acre 2,245.47 2.00 4,490.94 $17.77 $79,804.00
TOTAL $532,174.89
The Proposed Annual Assessment against the Property(TR 13527) is:
45 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $799.65 Annual Assessment
Resolution No. 02-175
Page 10 of 10
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO.7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2001/02. The following table
summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etivanda):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tvoe Units Units Factor Units Unit Revenue
Single Parcel 944 1.00 944 $33.32 $31,454.00
Family
Comm/Ind Acre 5 2.00 10 $33.32 $333.00
TOTAL $31,787.00
The Proposed Annual Assessment against the Property(TR 13527) is:
45 Parcels x 1 A.U. Factor x $33.32 Rate Per A.U. _ $1,499.40 Annual Assessment