HomeMy WebLinkAbout04-021 - Resolutions RESOLUTION NO. 04-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP
16010
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, (THE 72 Act"), said special maintenance district known and designated as Landscape
Maintenance District No. 313, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 6 (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 f orms 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. 04-021
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 I ID 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. 04-021
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 4`h day of February 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William Alexander, Mayor
ATTEST:
Debra J. A 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 4th day of February 2004.
Executed this 5`h day of February 2004, at Rancho Cucamonga, California.
Debra J. Ad MC, City Clerk
Resolution No. 04-021
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Vineyards East, LLC, as to an undivided fifty percent (50%) interest; and Hyssop Vineyards,
LLC, as to an undivided fifty percent (50%) interest
The legal description of the Property is:
REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF THE WEST Y2 OF LOT 92,AS PER MAP OF ROCHESTER, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
PLAT RECORDED IN BOOK 9 OF MAPS, PAGE (S) 20, RECORDS OF SAID COUNTY, LYING
SOUTHERLY OF THE NORTHERLY 30.00 FEET OF SAID LOT 92 AND LYING EASTERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 92, DISTANT THEREON NORTH
89 DEG. 51' 13" EAST, 408.96 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 92;
THENCE NORTHERLY ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 7000 FEET,THROUGH AN ANGLE OF 2 DEG.27'32"FROM ATANGENT BEARING NORTH
1 DEG. 20' 21" EAST, A DISTANCE OF 300.41 FEET TO A POINT ON A LINE PARALLEL TO
AND DISTANT 30.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF SAID LOT 92.
SAVING AND EXCEPTING THEREFROM ANY PORTION OF THE PROPERTY HEREIN
DESCRIBED LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 92, DISTANT 601.71 FEET
EASTERLY FROM THE NORTHWEST CORNER OF SAID LOT 92; THENCE EAST ALONG
THE NORTH LINE OF SAID LOT, 661.7 FEET TO THE LINE BETWEEN SECTIONS 17 AND
18, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN;
THENCE NORTH ALONG SAID LINE BETWEEN SAID
SECTION, 330 FEET TO THE NORTH LINE OF LOT 93; THENCE EASTERLY ALONG THE
NORTH LINE OF SAID LOT 93,661.99 FEET;THENCE SOUTH 3300 FEET TO A POINT IN THE
SOUTH LINE OF LOT 84, DISTANT 662.66 FEET WEST OF THE SOUTHEAST CORNER OF
SAID LOT 84; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 84, 662.65 FEET TO
THE SAID LINE BETWEEN SAID SECTIONS 17 AND 18; THENCE NORTH ALONG THE LINE
BETWEEN SAID SECTIONS, 2640 FEET TO THE SOUTH LINE OF SAID LOT 92; THENCE
WEST ALONG THE SOUTH LINE OF SAID LOT 92, 661.56 FEET; THENCE NORTH 300 FEET
TO THE POINT OF BEGINNING.
Resolution No. 04-021
Page 5 of 10
PARCEL B:
THAT PORTION OF THE WEST ''/2 OF LOT 90, MAP OF ROCHESTER, IN THE COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9 OF
MAPS, PAGES(S) 20, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF PARCEL NO. 1 OF THE
PROPERTY CONVEYED TO THE STATE OF CALIFORNIA, PER DEED RECORDED
NOVEMBER 29, 1972, IN BOOK 8070, PAGE 32, OFFICIAL RECORDS, AND LYING
WESTERLY OF THE WESTERLY LINE OF PARCEL NO. 2 OF THE PROPERTY DESCRIBED
IN THE ABOVE MENTIONED DEED TO THE STATE OF CALIFORNIA.
PARCEL C:
THAT PORTION OF THE WEST Y2 OF LOT 91, MAP OF ROCHESTER, IN THE COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9 OF
MAPS, PAGE (S) 20, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
THAT PORTION LYING EASTERLY OF THE EASTERLY LINE OF PARCEL NO. 1 OF THE
PROPERTY CONVEYED TO THE STATE OF CALIFORNIA, PER DEED RECORDED
NOVEMBER 29, 1972, IN BOOK 8070, PAGE 32, OFFICIAL RECORDS, AND LYING
WESTERLY OF THE WESTERLY LINE OF PARCEL NO. 2 OF THE PROPERTY DESCRIBED
IN THE ABOVE MENTIONED DEED TO THE STATE OF CALIFORNIA.
APN: 229-283-08
Resolution No. 04-021
Page 6 of 10
EXHIBIT"A'
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 3B
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6
6 r" STREET
1
LE ENDul
1
g--* 5TREET WrakiT ( >
680OLUMEN
-.STFET LWHT �-
4500 LUMEN 1
' 2
I
STREET TEES
NWOP = 13 ea.
6 IDea. 3
4
CL
IO
A
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO pm. (Gd�O
STATE OF CALIFORNIA
A-3
Resolution No. 04-021
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
Landscape Maintenance District No. 3B (LIVID #3B) represents landscape sites throughout the
Commercial/Industrial Maintenance District. 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 landscape sites that are maintained by this district consist of median islands,parkways,
street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres
associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance
building).
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. 6 (COMMERCIAL/INDUSTRIAL):
Street Light Maintenance District No. 6 (SLD#6)is used to fund the maintenance and/or installation
of street lights and traffic signals located on commercial and industrial streets throughout the City
but excluding those areas already in a local maintenance district. Generally,this area encompasses
the industrial area of the City south of Foothill Boulevard. 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 street lights on industrial or commercial streets and
traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill
Boulevard.
Resolution No. 04-021
Page No. 8 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2003/2004
Proposed additions to Work Program (Fiscal Year 2003/2004)
For Project: PARCEL MAP 16010
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 - - - -
SLD #6 3 2
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 3B 23
*Existing items installed with original project
Assessment Units by District
Parcel Acres S11 S6 L 3B
6.73 13.46 6.73 6.73
Annexation Date: February4, 2004
Resolution No. 04-021
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2002/03. The following table
summarizes the assessment rate for Landscape Maintenance District No. 3B
(Commercial/Industrial):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Comm/Ind Acre 2115.92 1.0 2115.92 $352.80 $746,496.58
The Proposed Annual Assessment against the Property (PM 16010) is:
6.73 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $2,374.34 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 (PM 16010) is:
6.73 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $239.18 Annual Assessment
Resolution No. 04-021
Page 10 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2003/2004
STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAUINDUSTRIAL):
The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2003/04. The following table
summarizes the assessment rate for Street Light Maintenance District No.6(Commercial/Industrial):
#of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tvoe Units Units Factor Units Unit Revenue
Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01
The Proposed Annual Assessment against the Property (PM 16010) is:
6.73 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $345.92 Annual Assessment