HomeMy WebLinkAbout05-056 - Resolutions RESOLUTION NO. 05-056
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
16466
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. 05-056
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. 05-056
Page 3 of 11
PASSED, APPROVED, AND ADOPTED this 16`h day of February 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
G� IC
William J. Alexander,,) ayor
ATTEST:
a4t& (t�
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 16`h day of February 2005.
Executed this 17`h day of February 2005, at Rancho Cucamonga, California.
&64-0-X"64-�
Debra J. Ada C, City Clerk
Resolution No. 05-056
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:
Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California,
described as follows:
TENTATIVE TRACT MAP NO. 16466 BEING A SUBDIVISION OF THE FOLLOWING
DESCRIBED PROPERTY:
PARCEL NO. 1:
THE NORTH '/2 OF THE NORTH '/2 OF LOTS 11 AND 12, BLOCK "C," ETIWANDA COLONY
LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24, RECORDS
OF SAID COUNTY.
EXCEPTING THEREFROM THE WEST 40 FEET OF LOT 12.
NOTE: AREA AND DISTANCE OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED
TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP.
PARCEL NO. 2:
THE SOUTH %Z OF THE NORTH Y2 OF LOTS 11 AND 12, BLOCK "C," ETIWANDA COLONY
LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24, RECORDS
OF SAID COUNTY.
EXCEPTING THEREFROM THE WEST 40 FEET OF LOT 12.
NOTE: AREA AND DISTANCE OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED
TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP.
PARCEL NO. 3:
THE NORTH '/2 OF THE NORTH '/2 OF LOTS 9 AND 10, BLOCK "C," ETIWANDA COLONY
LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24, RECORDS OF SAID COUNTY.
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Resolution No. 05-056
Page 5 of 11
NOTE: AREA AND DISTANCE OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED
TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP.
PARCEL NO. 4:
PARCEL A OF CERTIFICATE OF COMPLIANCE NO. 582, RECORDED SEPTEMBER 17,
2004 AS INSTRUMENT NO. 2004-677935, OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
THE SOUTH V2 OF THE NORTH '/2 OF LOTS 9 AND 10, BLOCK "C," ETIWANDA COLONY
LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24, RECORDS
OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTH 156 FEET OF THE EAST 150 FEET OF THE
NORTH HALF OF SAID LOT 9, AS MEASURED FROM THE WEST LINE OF ETIWANDA
AVENUE, SAID WEST LINE BEING 40 FEET WESTERLY OF THE CENTER LINE OF
ETIWANDA AVENUE, AS SHOWN ON SAID MAP.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTH HALF OF THE NORTH
HALF OF SAID LOT 9, DESCRIBED AS FOLLOWS:
ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTH HALF OF THE NORTH
HALF OF SAID LOT 9, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 150 FEET OF THE NORTH
HALF OF SAID LOT 9, MEASURED FROM THE WEST LINE OF ETIWANDA AVENUE, SAID
WEST LINE BEING 40 FEET WESTERLY OF THE CENTERLINE OF ETIWANDA AVENUE
AS SHOWN ON SAID MAP; THENCE NORTH 451 05' 12" WEST 50.20 FEET; THENCE,
NORTH 060 16' 59" EAST 119.23 FEET TO THE BEGINNING OF A NON-TANGENT 328
FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO THE BEGINNING OF SAID
CURVE BEARS NORTH 041 24' 20" EAST; THENCE, ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 030 57' 12", A ARC DISTANCE OF 22.63 FEET TO THE WEST LINE
OF SAID ABOVE MENTIONED EAST 150 FEET OF THE NORTH HALF OF SAID LOT 9;
THENCE, ALONG SAID LAST MENTIONED WEST LINE, SOUTH 000 02' 26" WEST, 153.00
FEET TO THE POINT OF BEGINNING.
PARCEL NO. 5:
THE SOUTH ''/2 OF THE NORTH V2 OF THE SOUTH ''/2 OF THE NORTHEAST ''/< OF SECTION
29, 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 THAT PORTION OF SAID LAND CONVEYED IN A GRANT DEED RECORDED
NOVEMBER 27, 1962, IN BOOK 5807, PAGE 6618, OFFICIAL RECORDS, BEING
DESCRIBED THEREIN AS FOLLOWS:
THE EAST '/2 OF THE SOUTH '/2 OF THE NORTH % OF THE SOUTH '/2 OF THE
NORTHEAST '/4 OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO GOVERNMENT SURVEY.
Resolution No. 05-056
Page 6 of 11
(SAID EXCEPTED PROPERTY IS ALSO KNOWN AS THE SOUTH '/z OF LOTS 9 AND 10,
BLOCK "C," ETIWANDA COLONY LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24, RECORDS
OF SAID COUNTY.)
ALSO EXCEPTING THEREFROM THE WEST 40 FEET.
NOTE: THIS PROPERTY IS ALSO KNOWN ON THE MAP OF ETIWANDA COLONY LANDS
RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY.
APN: 0225-111-18,20,24,25 AND 0225-111-27
Resolution No. 05-056
Page 7 of 11
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ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 7
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 7
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Resolution No. 05-056
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. 05-056
Page 9 of 11
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2004/2005)
For Project: TR 16466
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLMD # 1 --- 8 --- --- ---
SLMD # 7 25 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID #7 --- --- 9303 177
*Existing items installed with original project (TR 16466)
Assessment Units by District
Parcel DU SLMD1 SLMD7 LMD7
--- 33 33 33 33
Resolution No. 05-056
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 Rate Per
#of 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 16466) is:
33 Parcels x 1 A.U. Factor x $307.05 Rate Per A.U. _ $10,132.65 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 16466) is:
33 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $586.41.71 Annual Assessment
Resolution No. 05-056
Page 11 of 11
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 Type 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 16466) is:
33 Parcels x 1 A.U. Factor x $33.32 Rate Per A.U. = $1,099.56 Annual Assessment