HomeMy WebLinkAbout04-233 - Resolutions RESOLUTION NO. 04-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP
16113
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 Landscape Maintenance District 7, Street Lighting Maintenance
District No. 1 and Street Lighting Maintenance District No. 7 (referred to collectively as the
"Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the
annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the preparation
of 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 owner of property
within the territory to be annexed; and
WHEREAS, notwithstanding the such provisions of the 72 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 72 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. 04-233
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 72 Act
and/or Article XIIID applicable to the authorization to 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 to 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 amount snot to exceed the amounts set forth in Exhibit B hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The above recitals are all true and correct
SECTION 2: This 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 determine in
relationship to the entirety of the cost of the maintenance of
the Improvements.
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 levy
of all assessments, shall be applicable to the Territory.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 04-233
Page 3 of 11
PASSED, APPROVED, AND ADOPTED this 21" day of July 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. A xander, 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 21s` day of July 2004.
Executed this 22nd day of July 2004, at Rancho Cucamonga, California.
L4X45-- 4, 64V4;L�—
Debra J. Adams, dW, City Clerk
Resolution No. 04-233
Page 4 of 11
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
TRIMARK PACIFIC RANCHO CUCAMONGA, LLC,
A California Limited Liability Company
The legal description of the Property is:
SEE ATTACHED EXHIBIT "A" (PAGES A-2 AND A-3)
The above described parcels are shown on sheet A-4 attached herewith and by this reference
made a part hereof.
Resolution No. 04-233
Page 5 of 11
EXHIBIT "A"
PARCEL NO. 1:
THAT PORTION OF SECTION 28,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 GOVERNMENT PLAT OF SAID LAND,
DESCRIBED AS FOLLOWS:
BEGINNING 573 FEET NORTH OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTH
1/2 OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN,AS PER GOVERNMENT SURVEY, THENCE EAST 570 FEET;
THENCE SOUTH 64 FEET; THENCE EAST 750 FEET TO THE EASTERN BOUNDARY OF THE 1/4
SECTION; THENCE NORTH 481 FEET; THENCE WEST 660 FEET; THENCE NORTH 330 FEET TO
THE NORTHERLY LINE OF THE 1/4 SECTION; THENCE WEST 660 FEET TO THE NORTHWEST
CORNER OF THE 1/4; TGHENCE SOUTH 747 FEET TO THE.POINT OF BEGINNING.
EXCEPTING THEREFROM THE INTEREST IN THE NORTH 30 FEET THEREOF,AS CONVEYED TO
THE COUNTY OF SAN BERNARDINO OF ROAD PURPOSE BY DEED RECORDED JANUARY 7, 1948,
IN BOOK2186, PAGE 109, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
A-2 TR. 16113
Resolution No. 04-233
Page 6 of 11
EXHIBIT "A" (CONTINUED)
THAT PORTION OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO
BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, DESCRIBED AS
FOLLOWS:
COMMENCING 573 FEET NORTH OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE
NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 28; THENCE EAST 457 FEET TO THE
TRUE POINT OF BEGINNING; THENCE EAST 113 FEET; THENCE SOUTH 64 FEET, THENCE EAST
750 FEET TO THE EAST BOUNDARY OF SAID NORTHWEST 1/4; THENCE NORTH ALONG SAID
EASTERLY LINE 481 FEET TO A POINT 330 FEET SOUTH OF THE NORTHEAST CORNER OF SAID
1/4 SECTION; THENCE WEST 863 FEET; THENCE SOUTH 417 FEET TO THE TRUE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
THE NORTH 115.00 FEET OF THAT PORTION OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION 28; THENCE SOUTH 330 FEET; THENCE EAST 660 FEET;THENCE NORTH 330
FEET TO THE NORTH LINE OF SAID NORTHWEST 1/4; THENCE WEST 660 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THE INTEREST IN THE NORTH 30 FEET THEREOF AS CONVEYED TO
THE COUNTY OF SAN BERNARDINO FOR ROAD PURPOSES BY DEED RECORDED JANUARY 7,
1948 IN BOOK 2186, PAGE 109, OFFICIAL RECORDS.
PARCEL NO. 2:
THAT PORTION OF SECTION 28,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 GOVERNMENT PLAT OF THE LAND
APPROVED BY THE SURVEYOR GENERAL, DATED NOVEMBER 13, 1885, DESCRIBED AS
FOLLOWS:
COMMENCING 573 FEET NORTH OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE
NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 2B; THENCE EAST 457 FEET TO THE
TRUE POINT OF BEGINNING; THENCE EAST 113 FEET; THENCE SOUTH 64 FEET; THENCE EAST
750 FEET TO THE EAST BOUNDARY OF SAID NORTHWEST 1/4; THENCE NORTH ALONG SAID
EASTERLY LINE 481 FEET TO A POINT 330 FEET SOUTH OF THE NORTHEAST CORNER OF SAID
1/4 SECTION; THENCE WEST 863 FEET; THENCE SOUTH 417 FEET TO THE TRUE POINT OF
BEGINNING.
A-3 TR. 16113
Resolution No. 04-233
Page 7 of 11
EXHIBIT"A"-+
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 7
STREET LIGHTING MAINTENANCE DISTRICT NOS. i AND 7
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CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA 7?E.1013
Resolution No. 04-233
Page 8 of 11
Exhibit B
To
Description of the District Improvements
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
Landscape Maintenance District No. 7 (LIVID #7) represents landscape sites throughout the
Etiwanda North 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, paseos, street
trees, community trails and Etiwanda Creek 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 traffic signals
on arterial streets within the rights-of-way or designated easements of streets dedicated to the
City.
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
Street Light Maintenance District No. 7 (SLD #7) is used to fund the maintenance and/or
installation of street lights and traffic signals located on local streets in what is termed the North
Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day
Creek Channel and north 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 traffic signals (or
a portion thereof) on local streets within the North Etiwanda area.
Resolution No. 04-233
Page 9 of 11
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2004/2005)
For Project: TR 16113
Number of Lamps
Street Lights 5800L 9500L 16,0001L 22,0001- 27,500L
SLMD # 1 --- 7 --- --- ---
SLMD # 7 17 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 7 13,000 --- --- 170
*Existing items installed with original project (TR 16113)
Assessment Units by District
Parcel DU SLMD1 SLMD7 LMD7
--- 23 23 23 23
Resolution No. 04-233
Page 10 of 11
Exhibit C
Proposed Annual Assessment
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO.7 (NORTH ETIWANDA)
The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2004/05. The following table
summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda):
# of #of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 1572 1.00 1572 $307.05 $482,682.60
Family
Comm/Ind. Acre 5 2.00 10 $307.05 $3,070.50
TOTAL $485,753.10
The Proposed Annual Assessment against the Property (TR 16113) is:
23 Parcels x 1 A.U. Factor x $307.05 Rate Per A.U. _ $7,062.15 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS)
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2004/05. 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 (TR 16113) is:
23 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $408.71 Annual Assessment
Resolution No. 04-233
Page 11 of 11
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2004/05. The following table
summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda):
#of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tvoe Units Units Factor Units Unit Revenue
Single Parcel 1804 1.00 1804 $33.32 $60,109.28
Family
Comm/Ind Acre 5 2.00 10 $33.32 $333.20
TOTAL $60,442.48
The Proposed Annual Assessment against the Property (TR 16113) is:
23 Parcels x 1 A.U. Factor x $33.32 Rate Per A.U. _ $766.36 Annual Assessment