HomeMy WebLinkAbout03-320 - Resolutions RESOLUTION NO. 03-320
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 DRC2002-00306
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. 03-320
Page 2 of 10
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 IID 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.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 03-320
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 3rd day of December 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
illiam J. Alen n May r
ATTEST:
Debra J. AdaM, 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 3`d day of December 2003.
Executed this 4th day of December 2003, at Rancho Cucamonga, California.
Debra J. Ada MC, City Clerk
Resolution No. 03-320
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
ALTA LOMA PRESCHOOL LIMITED PARTNERSHIP,
A CALIFORNIA LIMITED PARTNERSHIP
The legal description of the Property is:
PARCEL1:
THOSE PORTIONS OF LOTS 5, 19 AND 20, OF THE FOOTHILL FROSTLESS FRUIT COMPANY'S TRACT NO.2,
IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS
SHOWN ON A MAP RECORDED IN BOOK 20, PAGE 34 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,TOGETHER WITH THAT PORTION OF THE ATCHISON,TOPEKA AND SANTA
FE RAILWAY BRANCH LINE RIGHT-OF-WAY(20.00 FEET WIDE),AS SHOWN ON SAID MAP,AND SHOWN AS
PARCEL"A"ON CERTIFICATE OF COMPLIANCE RECORDED JULY 24, 2002,AS INSTRUMENT NO. 02-384141,
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF TRACT NO. 9403, RECORDED IN BOOK 135,
PAGES 45 THROUGH 47 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WITH
THE NORTHERLY LINE OF THAT PORTION OF THE ATCHISON,TOPEKA AND SANTA FE RAILROAD BRANCH
LINE RIGHT-OF-WAY, 20.00 FEET WIDE,AS SHOWN ON SAID MAP OF THE FOOTHILL FROSTLESS FRUIT
COMPANY'S TRACT NO.2;THENCE SOUTH 000 11'46"EAST,ALONG SAID EASTERLY LINE,A DISTANCE OF
64.75 FEET;THENCE SOUTH 86° 16'52"EAST 191.19 FEET;THENCE SOUTH 59°35,20" EAST 116.24 FEET;
THENCE SOUTH 420 58' 16" EAST 17.87 FEET TO A POINT IN THE NORTHERLY LINE OF PARCEL NO. 13441-
2, OF THAT CERTAIN LAND CONVEYED TO THE STATE OF CALIFORNIA BY FINAL ORDER OF
CONDEMNATION CASE NO.RCV34857, RECORDED JANUARY 3,2000,AS INSTRUMENT NO. 00-000927, OF
OFFICIAL RECORDS, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 531.66 FEET,A RADIAL LINE OF SAID CURVE THROUGH SAID
POINT BEARS SOUTH 43'59'46" EAST;THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID
NORTHERLY LINE,THROUGH A CENTRAL ANGLE OF 110 56'51",A DISTANCE OF 110.86 FEET TO A POINT
IN SAID NORTHERLY LINE OF THE ATCHISON,TOPEKA AND SANTA FE RAILWAY BRANCH LINE RIGHT-OF-
WAY, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 583.69 FEET,A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS NORTH
300 37'45"EAST;THENCE NORTHWESTERLY ALONG LAST SAID NORTHERLY LINE THE FOLLOWING TWO
COURSES; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 57,33"A
DISTANCE OF 315.39 FEET;THENCE SOUTH 89'40' 12"WEST 89.97 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ALL MINERALS CONTAINED IN THE PROPERTY HEREIN DESCRIBED, INCLUDING,
WITHOUT LIMITING THE GENERALITY THEREOF,OIL, GAS AND OTHER HYDROCARBON SUBSTANCES,AS
WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE 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 IN THE DEED
FROM THE ATCHISON,TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED JUNE 6, 1978, IN BOOK
9447, PAGE 1721,OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL MINERALS CONTAINED IN THE PROPERTY DESCRIBED, INCLUDING,
WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES,AS
WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE 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 IN THE DEED
FROM THE ATCHISON,TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED JUNE 8, 1977, IN BOOK
9194, PAGE 1206, OFFICIAL RECORDS.
Resolution No. 03-320
Page 5 of 10
PARCEL2:
THOSE PORTIONS OF LOTS 19 AND 20 OF THE FOOTHILL FROSTLESS FRUIT COMPANY'S TRACT NO.2, IN
THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS SHOWN
ON A MAP RECORDED IN BOOK 20, PAGE 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,AND SHOWN AS PARCEL"B"ON CERTIFICATE OF COMPLIANCE RECORDED JULY 24, 2002,
AS INSTRUMENT NO.02-384141, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF TRACT NO. 9403, RECORDED IN BOOK 135,
PAGES 45 THROUGH 47 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,WITH
THE NORTHERLY LINE OF THAT PORTION OF THE ATCHISON,TOPEKA AND SANTA FE RAILROAD BRANCH
LINE RIGHT-OF-WAY, 20.00 FEET WIDE,AS SHOWN ON SAID MAP OF THE FOOTHILL FROSTLESS FRUIT
COMPANY'S TRACT NO.2;THENCE SOUTH 000 11'46"EAST,ALONG SAID EASTERLY LINE,A DISTANCE OF
64.75 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 860 16'52"EAST 191.19 FEET;THENCE
SOUTH 590 35'20" EAST 116.24 FEET;THENCE SOUTH 42'58' 16"EAST 17.87 FEET TO A POINT IN THE
NORTHERLY LINE OF PARCEL NO. 13441-2 OF THAT CERTAIN LAND CONVEYED TO THE STATE OF
CALIFORNIA BY FINAL ORDER OF CONDEMNATION CASE NO. RCV34857, RECORDED JANUARY 3, 2000,AS
INSTRUMENT NO. 00-000927, OF OFFICIAL RECORDS,SAID POINT BEING THE BEGINNING OF A NON-
TANGENT CURVE SOUTHEASTERLY AND HAVING A RADIUS OF 531.66 FEET,A RADIAL LINE OF SAID
CURVE THROUGH SAID POINT BEARS SOUTH 430
59'46";THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE,THE FOLLOWING TWO COURSES;
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°22-49,-,A DISTANCE OF 40.64
FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
1092.35 FEET;THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18035'
27",A DISTANCE OF 354.44 FEET TO THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE;THENCE
NORTH 000 11'46"WEST,ALONG SAID SOUTHERLY PROLONGATION AND SAID EASTERLY LINE,A
DISTANCE OF 336.10 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THEREFROM ALL MINERALS CONTAINED IN THE PROPERTY HEREIN DESCRIBED, INCLUDING,
WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS
WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE 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 IN THE DEED
FROM THE ATCHISON,TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED JUNE 6, 1978, IN BOOK
9447, PAGE 1721, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL MINERALS CONTAINED IN THE PROPERTY DESCRIBED, INCLUDING,
WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES,AS
WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE 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 IN THE DEED
FROM THE ATCHISON,TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED JUNE 8, 1977, IN BOOK
9194, PAGE 1206, OFFICIAL RECORDS.
The above-described parcels are shown on sheet A-3 attached herewith and by this reference
made a part hereof.
Resolution No. 03-320
Page 6 of 10
Liu �
co
a � W
® ® b
b
W
® >
o Q
_ o �
Proposed Additions to Work Program
For DRC2002-00306
3 Streetlights, existing
19 Street Trees, proposed
TUTOR TIME LEARNING CENTER
RANCHO CUCAMONGA, CALIFORNIA
Ana Loma Drive
A-3
Resolution No. 03-320
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
Landscape Maintenance District No. 1 (LIVID#1) represents 23.63 acres of landscape area, 41.88
acres of parks and 16.66 acres of community trails that 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 41.88 acres of parks consist of Bear
Gulch Park, East and West Beryl Park,Old Town Park, Church Street Park, Golden Oaks Park and
the Rancho Cucamonga Senior Center.
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.
This 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.
Resolution No. 03-320
Page 8 of 10
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 200312004)
For Project: DRC2002-00306
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 --- --- ---
SLD # 2 --- 3* --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 1 --- --- --- 19
*Existing items installed with original project
Assessment Units by District
Parcel DU or Acres S1 S2 L 1
1 1.75 3.50 3.50 1.75
Resolution No. 03-320
Page 9 of 10
Exhibit C
To
Proposed Annual Assessment
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2003/04. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General City):
# of Physical # of Rate Per
Units Assessment Assessment Assessment
Land Use Type Units Factor Units Unit Revenue
Single Parcel 7699 1.0 7951 $92.21 $733,161.71
Family
Multi- Units 7091 0.5 3570 $92.21 $329,189.70
Family
Comm/Ind. Acre 2 1.0 2 $92.21 $184.42
TOTAL $1,062,535.83
The Proposed Annual Assessment against the Property (DRC2002-00306) is:
1.75 Acres x 1.0 A.U. Factor x $92.21 Rate Per A.U. = $161.37 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. 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 21,151 1.00 21,151 $17.77 $375,853.27
Family
Multi-Family Unit 8,540 1.00 8,540 $17.77 $151,755.80
Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99
TOTAL $612,207.06
The Proposed Annual Assessment against the Property DRC2002-00306) is:
1.75 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $62.20 Annual Assessment
Resolution No. 03-320
Page 10 of 10
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 2003/04. The following table
summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets):
# of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tvoe Units Units Factor Units Unit Revenue
Single Parcel 6050 1.00 6050 $39.97 $241,818.50
Family
Multi Family Unit 24 1.00 919 $39.97 $36,732.43
Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86
Total $280,073.79
The Proposed Annual Assessment against the Property (DRC2002-00306) is:
1.75 Acres x 2 A.U. Factor x $39.97 Rate Per A.U. _ $139.90 Annual Assessment