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HomeMy WebLinkAbout00-159 - Resolutions RESOLUTION NO. 00-159 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 TRACT 14162 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. 00-159 Page 2 of 11 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 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. 00-159 Page 3 of 11 PASSED, APPROVED, AND ADOPTED this 16`h day of August 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None c ctiC- William J. Alexa er, Mayor ATTEST: Lh4a bebra J. 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 16`h day of August 2000. Executed this 17`h day of August, at Rancho Cucamonga, California. q= ax-� Debra J. Adams,IGMC, City Clerk Resolution No. 00-159 Page 4 of 11 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Promus Investment Network, Inc., a California Corporation The legal description of the Property is: SEE SHEETS A-2 AND A-3 ATTACHED HEREWITH The above described parcel is shown on sheet A4 attached herewith and by this reference made a part hereof. A - 1 Resolution No. 00-159 Page 5 of 11 Boundary Description Of Tract No. 14162 PARCEL "A"consisting of Parcels 1, 2 and 3 hereon described. Note: Total Parcel Area=223,188 square feet or 5.124 acres. Parcel 1: That portion of Lot 1 of Block 20 of Cucamonga Homestead Association, in the City of Rancho Cucamonga,County of San Bernardino, State of California,as per map recorded in Book 6,Page 46, of Maps in the office of the County Recorder of said County, described as follows: Beginning at a point on the North line of said Lot 1,being North 89'48' 30"West 660.00 feet from the Northeast comer of said Lot 1;thence Westerly along the North line of said Lot 1,North 89°48' 30"West 465.65 feet; thence South 00° 35"30"East 216.87 feet to the Northerly line of Tract No. 13266 in the City of Upland, as per map recorded in Book 219, Pages 59 through 63 inclusive, of Maps in the office of the County Recorder of said County; thence along said Northerly line South 890 07' 00"East 61.05 feet;thence South 31°50' 07"East 474.25 feet;thence Easterly and parallel with the Southerly boundary of said Lot 1, South 890 48' 15"East 156.88 feet; thence Northerly along a line parallel with the Easterly boundary of said Lot 1,North 00°01' 00"West 619.68 feet to the point of beginning. EXCEPT therefrom that portion described as follows: Beginning at a point on the North line of Lot 1 of Block 20 of Cucamonga Homestead Association, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 6,Page 46,of Maps in the office of the County Recorder of said County,said point being North 89°48' 30"West 660.00 feet from the Northeast comer of said Lot 1;thence South 00° 01' 00" East 29.83 feet to the TRUE POINT OF BEGINNING; thence South 00° 01' 00" East 101.71 feet; thence North 44° 48' 30" West 7.83 feet; thence North 00° 1 P 30" East 91.00 feet; thence North 45° 11' 30"East 7.31 feet to the TRUE POINT OF BEGINNING. Parcel 2: That portion of Lot 1 of Block 20 of Cucamonga Homestead Association, in the City of Rancho Cucamonga,County of San Bernardino,State of California,as per map recorded in Book 6,Page 46, of Maps in the office of the County Recorder of said County, described as follows: Beginning at a point on the North line of said Lot 1,being North 89°48' 30"West 660.00 feet from the Northeast comer of said Lot 1;thence Southerly along a line parallel with the Easterly boundary of said Lot 1, South 00° 01' 00" East 619.68 feet to a point on the Northerly right-of-way line of Hamilton Street (60 feet wide), said point being the TRUE POINT OF BEGINNING; thesice continuing along said parallel line South 000 01'00"East 40.00 feet to the Southerly line of said Lot 1, said Southerly line also being the centerline of Hamilton Street;thence along said Southerly line North 89"48' 15'West 132.00 feet to the Northeasterly line of Tract No. 13266 in the City of Upland, as per map recorded in Book 219,Pages 59 through 63 inclusive,of Maps in the Office of the County Recorder of said County; thence along said Northeasterly line North 31° 50' 07" West A - 2 Resolution No. 00-159 Page 6 of 11 ' 47.18 feet to a line parallel with the 40.00 feet North of the South line of said Lot 1,said parallel line also being the Northerly right-of-way line of Hamilton Street;thence along said parallel line South 89° 48' 15" West 156.88 feet to the TRUE POINT OF BEGINNING. Parcel 3: That portion of Lot 2 of Block 20 of Cucamonga Homestead Association, in the City of Rancho Cucamonga,County of San Bernardino, State of California,as per map recorded in Book 6,Page 46, of Maps in the office of the County Recorder of said County, described as follows: Beginning at a point on the North line of Lot 1 of Block 20 of said Cucamonga Homestead Association, being North 890 48' 30" West 660.00 feet from the Northeast comer of said Lot 1; thence Southerly along a line parallel with the Easterly Boundary of said Lot 1, South 00° 01' 00" East 659.68 feet to a point on the Northerly line of said Lot 2, said Northerly line also being the centerline of Hamilton Street,per Tract No. 8507,as per map recorded in Book 121 Pages 49 and 50, of Maps in the office of the County Recorder of said County,said point being the TRUE POINT OF BEGINNING;thence continuing South 00°0 V 00"East 20.00 feet to the Northerly line of Lot 47 of said Tract No. 8507; thence along said Northerly line North 89°48' 15"West 119.56 feet to the Northeasterly line of Tract No. 13266 in the City of Upland,as per map recorded in Book 219,Pages 59 through 63 inclusive,of Maps in the office of the County Recorder of said County;thence along said Northeasterly line North 310 50'07"West 23.59 feet to the Northerly line of said Lot 2;thence along said Northerly line South 89'48' 15"East 132.00 feet to the TRUE POINT OF BEGINNING. A- 3 Resolution No. 00-159 Page 7 of 11 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS, 1 AND 2 TRACT NO. 14162 IN THE CITY OF RANCHO CUCAMONGArCOUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ! i Landscape maintenance areas(parkway) '` -... ------------------ — PARCEL "B —� --�- -- — PARCEL"C" $ ui p i.OT 4 ill S LOT 2 LOT r i N 3 f O JOB 4!- - Y q - - t �• poi . LOT SLOT LOT re • s Areas of street trees and street lights. ' LOT 15 (see,Exhibit tB",page B-2 for quantities) �O' \ COT 14 Vol ,a 7 1,01 I ,3 1.0 A-4 Resolution No. 00-159 Page 8 of 11 Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL. CITY): Landscape Maintenance District No. l (LMD#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 1.75 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 - 1 Resolution No. 00-159 PRUM11fS1(continued) Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 14172 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,5001, SLD #1 6 ---- --- --- --- SLD #2 8 --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA Ll 0 0 8,260 71 *Existing items installed with original project Assessment Units by District Parcel DU or Acres S1 S2 Ll SEE EXHIBIT"C" ATTACHED HEREWITH B - 2 Resolution No. 00-159 Page 10 of 11 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 Assessment # of Rate Per Physical Units Assessment Assessment i.and 11se 'type 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 (TR 14162) is: 17 Parcels x 1 A.U. Factor x $92.21 Rate Per A.U. = $1,567.57 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. I (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. I (Arterial Streets): #of Rate Per Physical # of Physical Assessment Assessment Assessment i.and i Ise Unit Tyne ttnits 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 1999.52 2.00 1999.52 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual-Assessment against the Property (TR 14162) is: 17 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $302.09 Annual Assessment C - 1 Resolution No. 00-159 Page 11 of 11 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 Rate Per Physical #of Physical Assessment Assessment Assessment i.andllce IinitTvne Iinitc Units Factor Units Iinit Revenue Single Family Parcel 6606 1.00 6606 $39.97 $264,042.00 The Proposed Annual Assessment against the Property (TR 14162) is: 17 Parcel x 1 A.U. Factor x $39.97 Rate Per A.U. _ $679.49 Annual Assessment C -2