HomeMy WebLinkAbout09-101 - Resolutions RESOLUTION NO. 09-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 3 FOR DRC2007-00455
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. 2, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 3 (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
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. 09-101 — Page 2 of 9
PASSED, APPROVED, AND ADOPTED this 3rd day of June 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, M.D.,-Mayor
ATTEST:
01 nice C. Reynolds, City CI rk
I, JANICE C. REYNOLDS, 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 June 2009.
Executed this 4'" day of June 2009, at Rancho Cucamonga, California.
QaJY.�
J6Vce C. Reynolds, City Clerlf
Resolution No. 09-101 - Page 3 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, A Utah
Corporation Sole
The legal description of the Property is:
PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
RECORDED FEBRUARY 22, 1990, AS INSTRUMENT NO. 90-068997 OF OFFICIAL RECORDS, AND
RE-RECORDED FEBRUARY 23, 1990, AS INSTRUMENT NO. 90-071791 OF OFFICIAL RECORDS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 11 AND 12, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203, PAGES 98
THROUGH 102, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 12, SAID POINT NORTH 89
DEGREES 49 MINUTES 22 SECONDS WEST 6.00 FEET FROM THE NORTHEASTERLY CORNER
OF SAID LOT 12; THENCE SOUTH 00 DEGREES 10 MINUTES 38 SECONDS WEST 307.31 FEET
ALONG A LINE PARALLEL WITH A 6.00 FEET WESTERLY FROM THE EASTERLY LINE OF SAID
LOT 12; THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, 220.89 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
327.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 17 DEGREES 17 MINUTES 31
SECONDS EAST; THENCE NORTHWESTERLY 34.67 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 6 DEGREES 04 MINUTES 31 SECONDS; THENCE NORTH 78 DEGREES 47
MINUTES 00 SECONDS WEST, TANGENT TO SAID CURVE 275.40 FEET TO A POINT ON A
TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 273.00 FEET;
THENCE NORTHWESTERLY 57.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
12 DEGREES 09 MINUTES 00 SECONDS; THENCE NORTH 66 DEGREES 38 MINUTES 00
SECONDS WEST, TANGENT TO SAID CURVE 49.42 FEET; THENCE NORTH 00 DEGREES 39
MINUTES 57 SECONDS EAST, 23.28 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 836.00 FEET, A RADIAL BEARING TO SAID POINT BEARS
SOUTH 69 DEGREES 57 MINUTES 28 SECONDS EAST, SAID POINT BEING ON THE EASTERLY
LINE OF THAT CERTAIN STREET DEDICATION RECORDED FEBRUARY 22, 1990 AS INSTRUMENT
NO. 90-068978 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE
THE FOLLOWING TWO (2) COURSES, 1) NORTHERLY 289.85 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 19 DEGREES 51 MINUTES 54 SECONDS, AND 2) NORTH 00
DEGREES 10 MINUTES 38 SECONDS EAST, TANGENT TO SAID CURVE 46.05; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT 12 THE FOLLOWING TWO (2) COURSES NORTH 52
DEGREES 52 MINUTES 24 SECONDS EAST, 21.37 FEET AND SOUTH 89 DEGREES 49 MINUTES
22 SECONDS EAST, 493.34 FEET TO SAID POINT OF BEGINNING.
Resolution No. 09-101 — Page 4 of 9
EXCEPTING THEREFROM AN UNDIVIDED ONE-QUARTER INTEREST IN ALL OIL, GAS AND/OR
MINERALS, AS RESERVED IN DEED FROM JAMES S. PEARSON TO R.M. WADDELL, RECORDED
NOVEMBER 30, 1938, IN BOOK 1321, PAGE 26 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL OIL, GAS, MINERALS, HYDROCARBON AND KINDRED
SUBSTANCES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE
ENTRY, AS CONTAINED IN THE DEED RECORDED JANUARY 28, 1971, IN BOOK 7599, PAGE 739
OF OFFICIAL RECORDS.
ASSESSOR'S PARCEL NO: 1089-011-06-0-000
The above-described parcels are shown on sheet A-3 attached herewith and by this reference made a
part hereof.
Resolution No. 09-101 — Page 5 of 9
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO.
STREET LIGHTING MAINTENANCE DISTRICT NOS. AND 3
LATTER -DAY SAINTS CHURCK 5 ITE
DRc2.Do7-00 4S5
APN: 1099-o11-06
.CERT- OFC0XPGANCE 40.3Z5 (Lor I2, TR I3Z79) LLA,
19 NEW STReeT -rphes
210
H/CHLANO AVENUE
3 TR1579j
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H1CbHLP%Wb AVE,- 19 NEW. STREET TREES
Co7Tok CLOUD — 15 NEW STREET TREES
CITY OF RANCHO CUCAMONGA N
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
Item: DRC2007-064S.S
Resolution No. 09-101 —Page 6 of%le: ASSESSMENT DIAGRAM
A-3
Exhibit B
To
Description of the District Improvements
Fiscal Year 2008 / 2009
LANDSCAPE MAINTENANCE DISTRICT NO. 2 (Victoria Planned Community):
Landscape Maintenance District No. 2 (LMD #2) represents landscape sites throughout the Victoria
Planned Community. These sites are associated with areas within Victoria and as such any benefit
derived from the landscape installation can be directly attributed to those parcels within that community.
Because of this, assessments required for this district are charged to those parcels within that planned
community.
The sites maintained by the district consist of parkways, median islands, street trees, paseos, community
trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park, Victoria Groves Park,
Vintage Park, Windrows Park and Ellena 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. 3 (Victoria Planned Community):
Street Light Maintenance District No. 3 (SLD #3) is used to fund the maintenance and/or installation of
street lights and traffic signals located within the Victoria Planned Community. Generally, this area
encompasses the area of the City east of Deer Creek Channel, south of Highland Avenue, north of Base
Line Road, and west of Etiwanda Avenue. 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 streetlights on local streets and traffic signals (or a portion
thereof) on local streets within the Victoria Planned Community.
Proposed additions to Work Program (Fiscal Year 2008 / 2009)
For Project: DRC2007-00455
Number of Lamps
Street Lights 5800L 9500L 16 OOOL 22 OOOL 27,500L
SLD #3 --- --- --- --- ---
SLD # --- --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD #2 --- --- 34
*Existing items installed with original project
Assessment Units by District
Acres SLD 1 SLD 3 LMD 2
5.06 5.06 5.06 5.06
Resolution No. 09-101 — Page 7 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2008 / 2009
LANDSCAPE MAINTENANCE DISTRICT NO. 2 (Victoria Planned Community):
The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2008/09. The following table
summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned
Community):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 5678 1.00 5678 $422.00 $2,396,116.00
Family
Multi- Parcel 620 1.00 620 $422.00 $261,640.00
Family
Comm/Ind Acre 57.61 2.00 116 $422.00 $49,532.00
Vacant Acre 337.97 0.25 84.4925 $422.00 $35,655.83
TOTAL $2,742,943.83
The Proposed Annual Assessment against the Property (DRC2007-00455) is:
5.06 Acres x 1 A.U. Factor x $422.00 Rate Per A.U. _ $2,135.32 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (Arterial Streets):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2008/09. 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 Type Units Units Factor Units Unit Revenue
Single Parcel 23,640 1.00 23,640 $17.77 $420,082.80
Family
Multi-Family Unit 11,154 1.00 11,154 $17.77 $198,206.58
Commercial Acre 2985.85 2.00 5971.70 $17.77 $106,117.10
TOTAL $724,406.48
The Proposed Annual Assessment against the Property (Project Number) is:
5.06 Acres x 1 A.U. Factor x $17.77 Rate Per A.U. _ $89.92 Annual Assessment
Resolution No. 09-101 — Page 8 of 9
STREET LIGHT MAINTENANCE DISTRICT NO. 3 (Victoria Planned Community):
The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2008/09. The following table
summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned
Community):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 5678 1.00 5678 $47.15 $267,717.70
Family
Multi-Family Unit 620 1.00 310 $47.15 $5,846.60
Commercial Acre 103.53 2.00 207.06 $47.15 $9,762.88
Vacant 10.95 2.0 21.90 $47.15 $1,032.59
TOTAL $284,359.77
The Proposed Annual Assessment against the Property (DRC2007-00455) is:
5.06 Acres x 1 A.U. Factor x $47.15 Rate Per A.U. _ $238.58 Annual Assessment
Resolution No. 09-101 — Page 9 of 9