HomeMy WebLinkAbout02-300 - Resolutions RESOLUTION NO. 02-300
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 3 FOR PARCEL MAP
15781
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. 2, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District
No. 3 (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. 02-300
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
Territoryfrom 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. 02-300
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 201" day of November 2002.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Allander, Mayor
ATTEST:
Debra 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 201h day of November 2002.
Executed this 21 s`day of November 2002, at Rancho Cucamonga, California.
X4�9L e�-X�
Debra J. Adams, CW, City Clerk
Resolution No. 02-300
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
RALPHS GROCERY COMPANY, a Delaware corporation
The legal description of the Property is:
PARCEL1:
THE EAST ''/3 OF THE WEST ''/3 OF THE NORTHWEST ''/4 OF SECTION 32, TOWNSHIP 1
NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO THE CITY OF
RANCHO CUCAMONGA,A MUNICIPAL CORPORATION,BY DEED RECORDED JANUARY 22,
1998 AS INSTRUMENT NO. 98-021535, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE EAST Y2OF THE WEST''/2 OF THE NORTHWEST 1/40F SECTION 32,
TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR
GENERAL DATED NOVEMBER 13, 1885, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID EAST ''/Z OF THE WEST ''/2 OF THE
NORTHWEST 1/40F SECTION 32;THENCE NORTH 0°08'38"EASTALONG THE EAST LINE OF
SAID EAST % OF THE WEST ''/Z OF THE NORTHWEST Y<OF SECTION 32, A DISTANCE OF
2125.63 FEET;THENCE AT RIGHT ANGLES, NORTH 89°51'22"WEST, 120.44 FEET;THENCE
SOUTH 0008'01" WEST, 188.86 FEET, TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 2458.99 FEET;THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 1°38'08", AN ARC LENGTH OF 70.20 FEET; THENCE
SOUTH 1030'07" EAST, 239.50 FEET, TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 2337.60 FEET;THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 1038'45" AN ARC LENGTH OF 67.15 FEET; THENCE
SOUTH 0008'38" WEST, PARALLEL WITH SAID EASTERLY LINE OF SAID EAST 1/, OF THE
WEST'/2 OF THE NORTHWEST 1/40F SECTION 32, 1559.97 FEET TO THE SOUTHERLY LINE
OF SAID EAST % OF THE WEST Y2 OF THE NORTHWEST '/< OF SECTION 32; THENCE
SOUTH 89049'14" EAST, ALONG SAID SOUTHERLY LINE, 111.55 FEET, TO THE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN TRACT NO. 15871-1, IN BOOK
274, PAGES 89 TO 95, INCLUSIVE AND TRACT NO. 15871-2, IN BOOK 274, PAGES 96 TO 100,
INCLUSIVE OF MAPS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE
OF CALIFORNIA BY GRANT DEED RECORDED FEBRUARY 2, 2001 AS INSTRUMENT NO.
20010041169 OF OFFICIAL RECORDS.
Resolution No. 02-300
Page 5 of 10
Exhibit "A" continued
PARCEL2:
THE WEST %2 OF THE WEST %z OF THE NORTHWEST '/4 OF SECTION 32, TOWNSHIP 1
NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
RANCHO CUCAMONGA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR
GENERAL, DATED NOVEMBER 13, 1885.
EXCEPTING THEREFROM THE NORTH 50 FEET, AS DEEDED TO THE STATE OF
CALIFORNIA, FOR HIGHWAY PURPOSES, BY DEED RECORDED MAY2, 1947, IN BOOK 2052,
PAGE 126, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SOUTHERN
CALIFORNIA EDISON COMPANY, BY DEED RECORDED MARCH 2, 1962, IN BOOK 5655,
PAGE 385, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHWEST '/4 OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, LYING WESTERLY OF A LINE DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID NORTHWEST'/4 W ITH A
LINE THAT IS PARALLEL WITH AND 270 FEET EASTERLY, MEASURED AT RIGHT ANGLES
FROM THE WEST LINE OF SAID NORTHWEST '/4; THENCE SOUTHERLY ALONG SAID
PARALLEL LINE TO A POINT THAT IS 1200 FEET NORTHERLY MEASURED AT RIGHT
ANGLES FROM THE SOUTH LINE OF SAID NORTHWEST 114; THENCE SOUTHERLY TO THE
INTERSECTION OF SAID SOUTH LINE WITH A LINE THAT IS PARALLEL WITH AND 300 FEET
EASTERLY MEASURED AT RIGHT ANGLES FROM SAID WEST LINE.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN TRACT NO. 15871-1, IN BOOK
274, PAGES 89 TO 95 INCLUSIVE AND TRACT NO. 15871-2, IN BOOK 274, PAGES 96 TO 100
INCLUSIVE OF MAPS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE
OF CALIFORNIA BY DEED RECORDED FEBRUARY 2, 2001 AS INSTRUMENT NO.
20010041169 OF OFFICIAL RECORDS.
ASSESSOR'S PARCEL NO.: 1089-021-09 AND 1089-021-10
The above-described parcels are shown on sheet A-3 attached herewith and by this reference
made a part hereof.
Resolution No. 02-300
Page 6 of 10
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CITY OF ITEM: LMD 2; SLD 1&3
RANCHO CUCAMONGA TITLE: Parcel Man 15781
ENGINEERING DIVISION EXHIBIT: A-3
Resolution No. 02-300
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO.2(VICTORIA PLANNED COMMUNITY/):
Landscape Maintenance District No. 2(LMD#2)represents landscape sites throughout the Victoria
Planned Community. These sites are associated with areas within Victoria and as such any benefit
derived from the landscape installation can be directly attributed to those parcels within that
community. Because of this, assessments required for this district are charged to those parcels
within that planned community.
The sites maintained by the district consist of parkways, median islands, street trees, paseos,
community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park,
Victoria Groves Park, Vintage Park, Windrows Park and Ellena 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.3(VICTORIA PLANNED COMMUNITY):
Street Light Maintenance District No. 3(SLD#3)is used to fund the maintenance and/or installation
of street lights and traffic signals located within the Victoria Planned Community. Generally,this area
encompasses the area of the City east of Deer Creek Channel, south of Highland Avenue, north of
Base Line Road, and west of Etiwanda Avenue. It has been determined that the facilities in this
district benefit the properties within this area of the City.
This sites maintained by the district consist of streetlights on local streets and traffic signals (or a
portion thereof) on local streets within the Victoria Planned Community.
Resolution No. 02-300
Page 8 of 10
Exhibit `B" continued
Proposed additions to Work Program (Fiscal Year 200212003)
For Project: Parcel Map 15781
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 2*
SLD # 3 23
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 2 9760** 114
*Existing items installed with original project
**Parkways across SCE corridor
Assessment Units by District
Parcel Acres S1 S3 L 2
1 6.52 13.04 13.04 13.04
2 3.65 7.30 7.30 7.30
3 1.37 2.74 2.74 2.74
4 1.05 2.10 2.10 . 2.10
12.59
Resolution No. 02-300
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO.2(VICTORIA PLANNED COMMUNITY):
The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2002/03. The following table
summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned
Community):
# of Assessment # of Rate Per
Physical Units Factor Assessment Assessment
Land Use Type Units Units Unit Revenue
Single Parcel 5001 1.00 5001 $422.00 $2,110,422.00
Family
Family Parcel 124 1.00 124 $422.00 $52,328.00
Comm/Ind. Acre 21.59 2.00 43.18 $422.00 $18,221.96
Vacant Acre 326.47 0.25 81.62 $422.00 $34,442.65
TOTAL $2,215,414.61
The Proposed Annual Assessment against the Property(PM 15781) is:
12.59 Acres x 2 A.U. Factor x $422.00 Rate Per A.U. _ $10,625.96 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. 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 19,803 1.00 19,803 $17.77 $351,899.31
Family
Multi-Family Unit 7,402 1.00 7,402 $17.77 $131,533.54
Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66
TOTAL $564,777.51
The Proposed Annual Assessment against the Property(PM 15781) is:
12.59 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $447.45 Annual Assessment
Resolution No. 02-300 7
Page 10 of 10
Exhibit"C"continued
STREET LIGHT MAINTENANCE DISTRICT NO.3(VICTORIA PLANNED COMMUNITY):
The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2002/03. The following table
summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned
Community):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tvoe Units Units Factor Units Unit Revenue
Single Parcel 5001 1.00 5001 $47.15 $235,797.15
Family
Multi-Family Unit 124 1.00 124 $47.15 $5,846.60
Commercial Acre 47.61 2.00 95.22 $47.15 $4,489.62
TOTAL $246,133.37
The Proposed Annual Assessment against the Property(PM 15781) is:
12.59 Acres x 2 A.U. Factor x $47.15 Rate Per A.U. _ $1,187.24 Annual Assessment