HomeMy WebLinkAbout00-196 - Resolutions RESOLUTION NO. 00-196
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 CUP 99-25
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
Resolution No. 00-196
Page 2 of 9
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 Territoryand 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 signatures and formal adoption
Resolution No. 00-196
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 1" day of November 2000.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
• j
iam J. Alexa der, Mayor
ATTEST:
Debra J. Adam MC, 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 1" day of November 2000.
Executed this 2nd day of November, at Rancho Cucamonga, California.
A4-m— _aa��
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Debra J. Adam MC, City Clerk
Resolution No. 00-196
Page 4 of 9
ORIGINAL
Exhibit A
To
Consent And Waiver to Annexation
Of Certain Real Property To
Street Light Maintenance District No.1
And Approval Of the Levy Of Assessments
On Such Real Property
Identification of the Owner and Description of the Property
The Owner of the Property is: Western Land Properties and LDC Cougar,LLC
(Print""the name of the Owner of the Property in the space provided above.)
The legal description of the Property is:
(Type or pint the legal description of the Property in the space provided above.
Alternatively,a copy of the legal description may be attacbed to this Exhibit A.)
Parcel IBI of Certificate of Compliance No.401 for lot line adjustment,In the City of
Rancho Cucamonga, County of San Bernardino, State of California, recorded as
Document No.19970125996 in the office of the County Recorder of Said County.
A-1
Resolution No. 00-196
Page 5 of 9
EXHIBIT"A"-
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 4
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4
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CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA CUP9�?S
Resolution No. 00-196
Page 6 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
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 a 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 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, West Greenway Park, Spruce Park and La Mission 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.
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 Terra Vista Planned Community.
B- 1
Resolution No. 00-196
Page 7 of 9
Exhibit B (continued)
Proposed additions to Work Program (Fiscal Year 200112002)
For Project: CUP 99-25
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,OOOL 27,500L
SLD#1 3*
SLD#4 6*
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L3B 23
*Existing items installed with original project
Assessment Units by District
Parcel Acres S1 S4 L1
Commercial 13.50 2.0 2.0 1.0
Annexation Date: October 4, 2000
B-2
Resolution No. 00-196
Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 4(TERRA VISTA PLANNED COMMUNITY):
The rate per assessment unit(A.U.)will not be increased in fiscal year 2000/01. The following
table summarizes the assessment rate for Landscape Maintenance District No. 4 (Terra Vista
Planned Community):
#of Physical Assessment #of Rate Per
Units Units Factor Assessment Assessment
Land Use Type Units Unit Revenue
Single Family Parcel 1788 1.0 1788 $252.50 $ 451,470.00
Multi-Family Unit 2499 1.0 2499 $222.00 $ 554,778.00
Commercial Acre 199.45 1.0 199.45 $382.99 $ 76,387.36
TOTAL $1,082,635.36
The Proposed Annual Assessment against the Property(CUP 99-25) is:
13.6 Acres(Commercial) x 1 A.U. Factor x $382.99 Rate Per A.U. = $5,170.37 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit(A.U.) is $17.77 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
Land Ilse unit Tyne Units Knits Fantnr 1ln4ts Unit Revenue
Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Family
Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $1111190.00
Family
Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00
Total $483,560.00
The Proposed Annual Assessment against the Property(CUP 99-25) is:
13.5 Acres(commercial) x 2 A.U. Factor x $17.77 Rate Per A.U. = $479.79 Annual Assessment
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Resolution No. 00-196
Page 9 of 9
Exhibit C(continued)
STREET LIGHT MAINTENANCE DISTRICT NO.4(TERRA VISTA PLANNED COMMUNITY):
The rate per assessment unit(A.U.) is $28.96 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 4 (Terra Vista
Planned Community):
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
1 andile Unit Time Units Units Factor Unitc Unit Revenue
Single Parcel 2,499.00 .05 1,249.50 $28.96 $36,186.00
Family
Multi- Unit 1,786.00 1.00 1,786.00 $28.96 $51,723.00
Family
Commercial Acre 199.45 2.00 398.90 $28.96 $11,552.00
Total $99,461.00
The Proposed Annual Assessment against the Property(CUP 99-25) is:
13.5 Acres(Commercial) x 2.00 A.U. Factor x'$28.96 Rate Per A.U. _ $781.92 Annual Assessment
C- 1