HomeMy WebLinkAbout03-094 - Resolutions RESOLUTION NO. 03-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 8 FOR CUP 99-56
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. 9, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District
No. 8 (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 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. 03-094
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 herebyorders 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 adopfion,certification and signatures
Resolution No. 03-094
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 16th day of April 2003.
AYES: Alexander, Gutierrez Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
lit
William J. Ale nder, Mayor
ATTEST:
ebra J. Ad s, CMC, 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 April 2003.
Executed this 17th day of April 2003, at Rancho Cucamonga, California.
A4-�4
Debra J. Adam , CMC, City Clerk
Resolution No. 03-093
Page 4 of 10
t
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
ROMAN CATHOLIC BISHOP OF SAN BERNARDINO
The legal description of the Property is:
PARCEL NOS. 1 AND 3:
THE EAST''/2 OF THE SOUTHWEST%OF THE SOUTHEAST 1/40F SECTION 5,TOWNSHIP 1
SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO GOVERNMENT SURVEY PLAT OF
SAID LAND APPROVED BY THE SURVEYOR GENERAL DATED MAY 19, 1884.
EXCEPTING THEREFROM THE SOUTH 50 FEET OF THE EAST 1/20F THE SOUTHWEST Y<OF
THE SOUTHEAST '/< OF SECTION 5, TOWNSHIP 1 SOUTH RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN.
ALSO EXCEPTING THEREFROM THE EAST%2OF THE SOUTHEAST''/<OF THE SOUTHWEST
/< OF THE SOUTHEAST '/4 OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT A3/4 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF SAID
SECTION; THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 89 DEG. 55, 06"
WEST, 2551.30 FEET; THENCE COURSE "A", NORTH 44 DEG. 47' 32" EAST, 384.64 FEET;
THENCE AT RIGHT ANGLES SOUTH 45 DEG. 12'28"EAST,220.00 FEET TO THE TRUE POINT
OF BEGINNING;THENCE NORTH 42 DEG.57'04"EAST, 14.0072 FEET TO A POINT BEARING
SOUTH 45 DEG. 12' 28" EAST, 175.00 FEET FROM A POINT IN THE NORTHEASTERLY
PROLONGATION OF SAID COURSE"A", DISTANT ALONG SAID PROLONGATION NORTH 44
DEG. 47' 32" EAST, 1400.00 FEET FROM THE NORTHEASTERLY TERMINUS OF SAID
COURSE "A".
PARCEL NO. 2:
THE EAST % OF THE SOUTHEAST ''/G OF THE SOUTHWEST % OF THE SOUTHEAST '%OF
SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO
GOVERNMENT SURVEY.
EXCEPTING THEREFROM THE SOUTH 50 FEET OF THE EAST Yz OF THE SOUTHEAST'/<OF
THE SOUTHWEST'/<OF THE SOUTHEAST Y<OF SECTION 5,TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTRY OF SAN BERNARDINO,
STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY.
Resolution No. 03-094
Page 5 of 10
Exhibit "A' continued
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF
CALIFORNIA FOR HIGHWAY PURPOSES AND BY DEED RECORDED SEPTEMBER 11, 1969 IN
BOOK 7301, PAGE 388, OFFICIAL RECORDS, LYING NORTHWESTERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT A 3/< INCH IRON ROD MARKING THE SOUTHEAST CORNER OF SAID
SECTION; THENCE ALONG THE SOUTH LINE OF SAID SECTION, NORTH 89 DEG. 55, 06"
WEST, 2551.30 FEET' THENCE COURSE "A", NORTH 44 DEG. 47' 32" EAST, 384.64 FEET'
THENCE AT RIGHT ANGLES SOUTH 45 DEG. 12' 28" EAST, 220.00 FEET, TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 42 DEG. 57' 04" EAST, 1400.72 FEET TO A POINT
BEARING SOUTH 45 DEG. 12' 28" EAT, 175.00 FEET FROM A POINT IN THE
NORTHEASTERLY PROLONGATION OF SAID COURSE "A", DISTANT ALONG SAID
PROLONGATION NORTH 44 DEG.47'32"EAST, 1400.00 FEET FROM THE NORTHEASTERLY
TERMINUS OF SAID COURSE'A".
PARCEL NO. 4:
THAT PORTION OF THE SOUTHEAST 1/40F THE SOUTHEAST 1/40F SECTION 5,TOWNSHIP
1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO UNITED STATES TOWNSHIP
PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK"X", ETIWANDA COLONY
LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY; THENCE SOUTH
614 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE EAST 100.75 FEET; THENCE
NORTH 175 FEET;THENCE EAST 70 FEET;THENCE NORTH 439 FEET TO THE SOUTH LINE
OF SAID LOT 10; THENCE WEST 170.75 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 5:
THAT PORTION OF THE SOUTHWEST 1/40F THE SOUTHEAST'/<OF SECTION 5,TOWNSHIP
1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK"X",ACCORDING TO MAP OF
PRELIMINARY MAP OF ETIWANDA COLONY LANDS; THENCE SOUTH 614 FEET TO THE
SOUTH LINE OF SAID SECTION; THENCE EAST 170.75 FEET TO THE TRUE POINT OF
BEGINNING,SAID POINT BEING IN THE CENTERLINE OF FOOTHILL BOULEVARD;THENCE
NORTH 175 FEET;THENCE WEST 70 FEET;THENCE SOUTH 175 FEET TO THE SOUTH LINE
OF SAID SECTION; THENCE EAST 70 FEET TO THE TRUE POINT OF BEGINNING.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 03-094
Page 6 of 10
EXHIBIT"A•2°
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO.9
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND S
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MILLER A'
PROJECT
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FO O TH LL L BOULEVARD
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO.in �r
STATE OF CALIFORNIA
Resolution No. 03-094
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA):
Landscape Maintenance District No. 9 (LIVID#9)represents landscape sites throughout the Lower
Etiwanda 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.
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 and street trees.
MAINTENANCE DISTRICT NO. 1 ARTERIAL STREETS):
STREET LIGHT MAI ( )
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. 8 (SOUTH ETIWANDA):
Street Light Maintenance District No.8(SLD#8)is used to fund the maintenance and/or installation
of street lights and traffic signals located on local streets in what is termed the South Etiwanda area
of the City. Generally,this area encompasses the area of the City east of Etiwanda Avenue,north of
Foothill Boulevard and south 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 streets within the South Etiwanda area.
Resolution No. 03-094
Page 8 of 10
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2002/2003)
For Project: CUP 99-56
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,0001- 27,500L
SLD # 1 --- --- 5 --- ---
SLD # 8 --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 9 --- --- --- 26
'Existing items installed with original project
Assessment Units by District
Parcel Acres S1 S8 L 9
1 11 22 22 22
Resolution No. 03-094
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA):
The rate per assessment unit (A.U.) is $375.91 for the fiscal year 2002/03. The following table
summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda):
#of #of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 4169 1.0 416 $375.91 $156,378.56
Family
The Proposed Annual Assessment against the Property(CUP 99-56) is:
11 Acres x 2 A.U. Factor x $375.91 Rate Per A.U. _ $8,270.02 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 Tvoe 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(CUP 99-56) is:
11 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $390.94 Annual Assessment
Resolution No. 03-094
Page 10 of 10
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA):
The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2002/03. The following table
summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etivonda):
#of Rate Per
Physical # of Assessment Assessment Assessment
Land Use Unit Type Physical Units Factor Units Unit Revenue
Single Parcel 497 1.00 497 $193.75 $96,293.75
Family
The Proposed Annual Assessment against the Property(Tract Nos. 16257 & 16347) is:
11 Acres x 2 A.U. Factor x $193.75 Rate Per A.U. _ $4,262.50 Annual Assessment