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HomeMy WebLinkAbout03-094 - Resolutions RESOLUTION NO. 03-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR CUP 99-56 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. 9, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (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 Resolution No. 03-094 Page 2 of 10 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 herebyorders the annexation of the Territoryto 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 adopfion,certification and signatures Resolution No. 03-094 Page 3 of 10 PASSED, APPROVED, AND ADOPTED this 16th day of April 2003. AYES: Alexander, Gutierrez Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None lit William J. Ale nder, Mayor ATTEST: ebra J. Ad s, 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 April 2003. Executed this 17th day of April 2003, at Rancho Cucamonga, California. A4-�4 Debra J. Adam , CMC, City Clerk Resolution No. 03-093 Page 4 of 10 t Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: ROMAN CATHOLIC BISHOP OF SAN BERNARDINO The legal description of the Property is: PARCEL NOS. 1 AND 3: THE EAST''/2 OF THE SOUTHWEST%OF THE SOUTHEAST 1/40F SECTION 5,TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO GOVERNMENT SURVEY PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL DATED MAY 19, 1884. EXCEPTING THEREFROM THE SOUTH 50 FEET OF THE EAST 1/20F THE SOUTHWEST Y<OF THE SOUTHEAST '/< OF SECTION 5, TOWNSHIP 1 SOUTH RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN. ALSO EXCEPTING THEREFROM THE EAST%2OF THE SOUTHEAST''/<OF THE SOUTHWEST /< OF THE SOUTHEAST '/4 OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A3/4 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 89 DEG. 55, 06" WEST, 2551.30 FEET; THENCE COURSE "A", NORTH 44 DEG. 47' 32" EAST, 384.64 FEET; THENCE AT RIGHT ANGLES SOUTH 45 DEG. 12'28"EAST,220.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 42 DEG.57'04"EAST, 14.0072 FEET TO A POINT BEARING SOUTH 45 DEG. 12' 28" EAST, 175.00 FEET FROM A POINT IN THE NORTHEASTERLY PROLONGATION OF SAID COURSE"A", DISTANT ALONG SAID PROLONGATION NORTH 44 DEG. 47' 32" EAST, 1400.00 FEET FROM THE NORTHEASTERLY TERMINUS OF SAID COURSE "A". PARCEL NO. 2: THE EAST % OF THE SOUTHEAST ''/G OF THE SOUTHWEST % OF THE SOUTHEAST '%OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO GOVERNMENT SURVEY. EXCEPTING THEREFROM THE SOUTH 50 FEET OF THE EAST Yz OF THE SOUTHEAST'/<OF THE SOUTHWEST'/<OF THE SOUTHEAST Y<OF SECTION 5,TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTRY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY. Resolution No. 03-094 Page 5 of 10 Exhibit "A' continued ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES AND BY DEED RECORDED SEPTEMBER 11, 1969 IN BOOK 7301, PAGE 388, OFFICIAL RECORDS, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A 3/< INCH IRON ROD MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF SAID SECTION, NORTH 89 DEG. 55, 06" WEST, 2551.30 FEET' THENCE COURSE "A", NORTH 44 DEG. 47' 32" EAST, 384.64 FEET' THENCE AT RIGHT ANGLES SOUTH 45 DEG. 12' 28" EAST, 220.00 FEET, TO THE TRUE POINT OF BEGINNING; THENCE NORTH 42 DEG. 57' 04" EAST, 1400.72 FEET TO A POINT BEARING SOUTH 45 DEG. 12' 28" EAT, 175.00 FEET FROM A POINT IN THE NORTHEASTERLY PROLONGATION OF SAID COURSE "A", DISTANT ALONG SAID PROLONGATION NORTH 44 DEG.47'32"EAST, 1400.00 FEET FROM THE NORTHEASTERLY TERMINUS OF SAID COURSE'A". PARCEL NO. 4: THAT PORTION OF THE SOUTHEAST 1/40F THE SOUTHEAST 1/40F SECTION 5,TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO UNITED STATES TOWNSHIP PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK"X", ETIWANDA COLONY LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY; THENCE SOUTH 614 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE EAST 100.75 FEET; THENCE NORTH 175 FEET;THENCE EAST 70 FEET;THENCE NORTH 439 FEET TO THE SOUTH LINE OF SAID LOT 10; THENCE WEST 170.75 FEET TO THE POINT OF BEGINNING. PARCEL NO. 5: THAT PORTION OF THE SOUTHWEST 1/40F THE SOUTHEAST'/<OF SECTION 5,TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK"X",ACCORDING TO MAP OF PRELIMINARY MAP OF ETIWANDA COLONY LANDS; THENCE SOUTH 614 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE EAST 170.75 FEET TO THE TRUE POINT OF BEGINNING,SAID POINT BEING IN THE CENTERLINE OF FOOTHILL BOULEVARD;THENCE NORTH 175 FEET;THENCE WEST 70 FEET;THENCE SOUTH 175 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE EAST 70 FEET TO THE TRUE POINT OF BEGINNING. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 03-094 Page 6 of 10 EXHIBIT"A•2° ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.9 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND S ,V F�� MILLER A' PROJECT Q > z off( ¢ 3 4� w FO O TH LL L BOULEVARD CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO.in �r STATE OF CALIFORNIA Resolution No. 03-094 Page 7 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA): Landscape Maintenance District No. 9 (LIVID#9)represents landscape sites throughout the Lower Etiwanda 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 and street trees. MAINTENANCE DISTRICT NO. 1 ARTERIAL STREETS): STREET LIGHT MAI ( ) 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 trafic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): Street Light Maintenance District No.8(SLD#8)is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally,this area encompasses the area of the City east of Etiwanda Avenue,north of Foothill Boulevard and south 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 trafic signals (or a portion thereof) on local streets within the South Etiwanda area. Resolution No. 03-094 Page 8 of 10 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: CUP 99-56 Number of Lamps Street Lights 5800L 9500L 16,000L 22,0001- 27,500L SLD # 1 --- --- 5 --- --- SLD # 8 --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 9 --- --- --- 26 'Existing items installed with original project Assessment Units by District Parcel Acres S1 S8 L 9 1 11 22 22 22 Resolution No. 03-094 Page 9 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA): The rate per assessment unit (A.U.) is $375.91 for the fiscal year 2002/03. The following table summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda): #of #of Rate Per Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Parcel 4169 1.0 416 $375.91 $156,378.56 Family The Proposed Annual Assessment against the Property(CUP 99-56) is: 11 Acres x 2 A.U. Factor x $375.91 Rate Per A.U. _ $8,270.02 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. 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(CUP 99-56) is: 11 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $390.94 Annual Assessment Resolution No. 03-094 Page 10 of 10 Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etivonda): #of Rate Per Physical # of Assessment Assessment Assessment Land Use Unit Type Physical Units Factor Units Unit Revenue Single Parcel 497 1.00 497 $193.75 $96,293.75 Family The Proposed Annual Assessment against the Property(Tract Nos. 16257 & 16347) is: 11 Acres x 2 A.U. Factor x $193.75 Rate Per A.U. _ $4,262.50 Annual Assessment