HomeMy WebLinkAbout09-187 - Resolutions RESOLUTION NO. 09-187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT 18710
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.4, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 4 (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. 09-187 — Page 2 of 11
PASSED, APPROVED, AND ADOPTED this 7`h day of October 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo
NOES: None
ABSENT: Williams
ABSTAINED: None
—
Donald J. Kurth, M.D., Mayor
ATTEST:
7
/111nice C. Reynolds, City gerk
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 7 1 day of October 2009.
Executed this 8'h day of October 2009, at Rancho Cucamonga, California.
anice C. Reynolds, Ci Clerk
Resolution No. 09-187– Page 3 of 11
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Homecoming I at Terra Vista, LLC
The legal description of the Property is:
SEE ATTACHED EXHIBIT
The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a
part hereof.
A- 1
Resolution No. 09-187— Page 4 of 11
Order No.: 930014744-U50
LEGAL DESCRIPTION
DIVISION L
BEING PORTION OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE NO. 572, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
RECORDED MARCH 18, 2004, AS INSTRUMENT NO. 2004-0186721, IN OFFICIAL RECORDS OF
SAID COUNTY, TOGETHER WITH A PORTION OF LOT "A" AND LOT 4 OF TRACT MAP NO.
16157, PER MAP FILED IN BOOK 296. PAGES 3 THROUGH 6, INCLUSIVE OF MAPS, IN THE
OFFICE OF . THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF CHURCH STREET AND MALAGA DRIVE AS SHOWN
ON SAID TRACT MAP NO. 16157; THENCE, ALONG THE CENTERLINE OF CHURCH STREET,
SOUTH 370 17' 30" WEST 235.46 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1030.00 FEET; THENCE,
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13° 03' 44", AN
ARC LENGTH OF 234.82 FEET; THENCE;-LEAVING SAID CENTERLINE AND RADIAL TO SAID
CURVE, NORTH 390 38' 46" WEST 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY LINE OF CHURCH STREET, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING;, THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY, NORTH 52° 32' 56"
WEST 254.22 FEET; THENCE NORTH 37° 27' 04" EAST 1134 FEET; THENCE NORTH 52° J2' 56"
WEST 484.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET; T14ENCE NORTHWESTERLY,
NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 89° 29' 26", AN ARC LENGTH OF 702.86 FEET TO A POINT ON THE NORTHEASTERLY
LINE OF SAID LOT 4; THENCE, ALONG .SAID NORTHEASTERLY LINE AND
NORTHWESTERLY LINE OF SAID LOT 4 THE FOLLOWING COURSE; NORTH 52° 32' 56"
WEST 216.17 FEET; SOUTH 58° 47' 02" WEST 264.91 FEET; SOUTH 69° 50' 26" WEST 168.87
FEET. SOUTH 200 24' 3 1" WEST 477.05 FEET; THENCE SOUTH 110 56' 39" EAST 45.48 FEET TO
A POINT ON THE NORTHERLY LINE OF SAID LOT "A'; THENCE, ALONG SAID NORTHERLY
LINE, SOUTH 78° 03' 21" WEST 45.00 FEET TO THE MOST NORTHERLY CORNER OF LOT 2 OF
TRACT MAP NO. 16512, PER MAP FILED IN BOOK 300, PAGES 47 THROUGH 50, INCLUSIVE
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG
THE NORTHEASTERLY LINE OF SAID LOT 2, SOUTH 56° 56' 39" EAST 62.77 FEET; THENCE
SOUTH 620 33' 32" EAST 44252 FEET TO A POINT ON THE EASTERLY LINE OF SAID TRACT
MAP NO. 16512; THENCE, ALONG SAID EASTERLY LINE, SOUTH 11° 56' 39" EAST 591.61
FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHURCH STREET;
THENCE, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 78° 03' 21" EAST 282.53
FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 24.00 FEET, TO SAID POINT A RADIAL LINE BEARS SOUTH 53° 21' 14"
EAST; THENCE, NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 520
01' 33", AN ARC LENGTH OF 21.79 FEET; THENCE NORTH 74° 37' 13" EAST 66.00 FEET;
Resolution No. 09-187 —Page 5 of 11
CLTA Preliminary Report Farm-Modified(11-17-06)
l
Order No.: 930014744-U50
LEGAL DESCRIPTION
(continued)
THENCE SOUTH 150 22' 47" EAST 6.84 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.00 FEET; THENCE
SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45° 09' 17", AN
ARC LENGTH OF 18.91 FEET; THENCE NORTH 78' 03'31" EAST 77.85 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 980.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 270 42'.07", AN ARC LENGTH OF 473.82 FEET TO THE TRUE POINT OF
BEGINNING.
NOTE: SAID LAND IS ALSO SHOWN AS PARCEL "A" TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE NO. 622 FOR LOT LINE ADJUSTMENT RECORDED APRIL 12, 2006 AS
INSTRUMENT NO. 2006-249503 OFFICIAL RECORDS.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, HYDROCARBON AND KINDRED
SUBSTANbES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF
SURFACE ENTRY, AS GRANTED TO WESTERN SUPPLY CORP. BY DEED RECORDED
SEPTEMBER 17, 1979 IN BOOK 9772, PAGE 1262 OF SAID OFFICIAL RECORDS.
(APN: 0227-532-10
END OF LEGAL DESCRIPTION
Resolution No. 09-187 —Page 6 of 11
CLIA preliminary Report Form-Modified(11-U-06)
EXHIBIT "A" -2
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 4
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 4
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Resolution No. 09-187 — Page 7 of 11
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA rj?18710
Exhibit B
To
Description of the District Improvements
Fiscal Year 2009 / 2010
LANDSCAPE MAINTENANCE DISTRICT NO. 4 (Terra Vista Planned Community):
Landscape Maintenance District No. 4 (LMD #4) represents landscape sites throughout the Terra Vista
Planned Community. These sites are considered to be 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 in Terra Vista that are maintained by the district consist of parkways, median
islands, street trees, paseos and parks. The 36.23 acres of park consist of Coyote Canyon Park, Milliken
Park and West Greenway 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. 4 (Terra Vista Planned Community):
Street Light Maintenance District No. 4 (SLD #4) is used to fund the maintenance and/or installation of
street lights and traffic signals located within the Terra Vista Planned Community. Generally, this area
encompasses the residential area of the City east of Haven Avenue, south of Base Line Road, north of
Foothill Boulevard and west of Rochester 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 street lights on local streets and traffic signals (or a portion
thereof) on local streets within the Terra Vista Planned Community.
Proposed additions to Work Program (Fiscal Year 2009 / 2010)
For Project: Tract Map 18710
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,0001- 27,500L
SLD # 1 --- 5' --- --- ---
SLD #4 --- --- --
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD #4 --- --- --- 18
"Existing items installed with original project
Assessment Units by District
Parcel DU S1 S4 1-4
1 241 482 482 241
2 80 160 160 80
B - 1
Resolution No. 09-187— Page 8 of 11
Exhibit C
Proposed Annual Assessment
Fiscal Year 2009 / 2010
LANDSCAPE MAINTENANCE DISTRICT NO. 4 (Terra Vista Planned Community):
The rate per assessment unit (A.U.) will not be increased in fiscal year 2009/2010. The following table
summarizes the assessment rate for Landscape Maintenance District No. 4 (Terra Vista Planned
Community):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single
Family Parcel 2653 1.0 2653 $252.50 $669,882.50
Multi-Family Unit 3492 1.0 3492 $222.00 $775,224.00
Senior
Housing Unit 216 1.0 216 $148.36 $32,045.76
Commercial Acre 229 1.0 229 $382.99 $87,704.71
TOTAL $1,564,856.97
The Proposed Annual Assessment against the Property (TR18710) is:
Parcel 1 241 Units x 1 A.U. Factor x $222.00 Rate Per A.U. _ $53,502.00 Annual Assessment
Parcel 2 80 Units (existing) x 1 A.U. Factor x $222.00 Rate Per A.U. _ $17,760.00 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (Arterial Streets):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2009/2010. 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
C 1 Resolution No. 09-187 —Page 9 of 11
The Proposed Annual Assessment against the Property (TR18710) is:
Parcel 1 241 Units x 1 A.U. Factor x $17.77 Rate Per A.U. =$4,282.57 Annual Assessment
Parcel 2 80 Units (existing) x 1 A.U. Factor x $17.77 Rate Per A.U. _ $1,421.60 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 4(Terra vista Planned Community):
The rate per assessment unit (A.U.) is $28.96 for the fiscal year 2009/2010. The following table
summarizes the assessment rate for Street Light Maintenance District No. 4 (Terra Vista Planned
Community):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 2653 1.00 2653 $28.96 $76,830.88
Family
Multi- Unit 6087 0.5 3043.5 $28.96 $88,139.76
Family
Commercial Acre 229 2.00 458 $28.96 $13,263.68
TOTAL $178,234.32
The Proposed Annual Assessment against the Property (TR18710) is:
Parcel 1 241 Units x 0.5 A.U. Factor x $28.96 Rate Per A.U. _ $3,489.68 Annual Assessment
Parcel 2 80 Units (existing) x 0.5 A.U. Factor x $17.77 Rate Per A.U. _ $1,158.40 Annual Assessment
C - 2 Resolution No. 09-187 —Page 10 of 11
CERTIFICATE OF SUFFICIENCY
CONSENT AND WAIVER TO ANNEXATION
FOR TRACT 18710
LANDSCAPE MAINTENANCE DISTRICT NO. 4
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NO. 4
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
MARK A. STEUER, the undersigned, hereby certifies as follows:
That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA.
That on the 7'h day of October, 2009, 1 reviewed a Consent and Waiver to Annexation pertaining
to the annexation of certain property to the Maintenance District, a copy of which is on file in the Office of
the City Clerk.
That I caused said Consent and Waiver to Annexation to be examined and my examination
revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the
property within the territory proposed to be annexed to the Maintenance District.
That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the
Streets and Highways Code of the State of California.
EXECUTED this 7`h day of October 2009, at Rancho Cucamonga, California.
,M1 euer,
Director of Engineering Services/City Engineer
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
Resolution No. 09-187 — Page 11 of 11