HomeMy WebLinkAbout03-110 - Resolutions RESOLUTION NO. 03-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 8 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 16302
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. 8, 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. 03-110
Page 2 of 10
WHEREAS, at this time the City Council desires to order the annexation of the
Territoryto 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 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 adoption,certification and signatures
Resolution No. 03-110
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 7`h day of May 2003.
AYES: Alexander, Gutierrez Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
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William J. A sander, M yor
ATTEST:
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D bra J. A a 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 7`h day of May 2003.
Executed this 8`h day of May 2003, at Rancho Cucamonga, California.
Z"4=�k 4�z��
ebra J. Ada MC, City Clerk
Resolution No. 03-110
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
APH RC23, LLC, A LIMITED LIABILITY COMPANY
The legal description of the Property is:
See Attached "Exhibit A" (Pages A-2 and A-3)
Resolution No. 03-110
Page 5 of 10
TR 16302
EXHIBIT "A"
TENTATIVE TRACT 16302 BEING A DIVISION OF:
Parcel
That portion of the North half of the Northwest quarter of Section 34,
Township 1 North, Range 6 West, San Bernardino Meridian, in the City of
Rancho Cucamonga, County of San Bernardino, State of California, according
to Government Survey, described as follows:
Beginning at the Northwest corner of said Section;
Thence South at right angles, 1020 feet to the True Point of Beginning;
Thence at right angles East, 330 feet;
Thence at right angles North, 580 feet;
Thence at right angles East 330 feet;
Thence at right angles South, 880 feet;
Thence at right angles West 660 feet; -
Thence at right angles North, 300 feet to the True Point of Beginning;
EXCEPT that portion conveyed to the State of California in Deed recorded
December 13. 1995 as Instrument No. 95-427093 of Official Records of said
County.
Parcel B•
That portion of the North one half of the Northwest One-Quarter of Section
34,Township 1 North, Range 6 West,San Bernardino Meridian, in the City of
RANCHO CUCAMONGA, County of SAN BERNARDINO, State of California,
according to the official plat thereof, described as follows:
Beginning at the Northwest Corner of said section;
Thence South along the West line of said section, 870 feet to a point on the
South line of the parcel of land conveyed to Calvin Cherry and Wife, by deed
recorded September 18, 1964 in Book 6235, page 347 of Official Records of
said County,said point being the true point of beginning;
Thence East, along the Southerly line of said Cherry Property, 330 feet;
Thence South, at right angles, a distance of 150 feet;
Thence West, at right angles, a distance of 330 feet to the said West line;
Thence North 150 feet to the True Point of Beginning.
Except that portion granted to the State of California in Deed recorded
October 23, 1995, Instrument Number 95-0365412, San Bernardino County
Records.
A - 2 TR 16302
Resolution No. 03-110
Page 6 of 10
Tr 16302
EXHIBIT "A" Continued
Together with the following described property, excepting therefrom the
Westerly 138.00 feet thereof,
Parcel 2 of Parcel Map 6645, in the City of Rancho Cucamonga, County of
San Bernardino, State of California, as per map recorded in Book 68, Pages
7 and 8 of Parcel Maps in the office of the County Recorder of said County.
Together also with the following described property, excepting therefrom
the Westerly 138.00 feet thereof;
That portion of the North one half of the Northwest one Quarter of Section
34,Township 1 North, Range 6 West,San Bernardino Meridian, in the City of
Rancho Cucamonga, County of San Bernardino, State of California, according
to Government Survey, described as follows:
Beginning at the Northwest corner of said Section;
Thence running Southerly at right angles to the Northern line of said
Section, 770 feet to the True Point of Beginning;
Thence at right angles Easterly 330 feet to a point;
Thence at right angles Southerly 100 feet to a point;
Thence at right angles Westerly 330 feet to a point;
Thence at right angles Northerly a distance of 100 feet to the True Point of
Beginning.
Except the West 30.00 feet conveyed to the State of California in Deed
recorded October 23, 1995 as Instrument No. 95-0365414, Official Records
of said County.
Said land Is shown as Parcel C of that certain Certificate of Compliance No.
527 Recorded September 27, 2002 as Instrument No. 2002-0514000,
Official Records.
A - 3 TR 16302
Resolution No. 03-110
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA):
Landscape Maintenance District No. 8 (LIVID #8) represents landscape sites throughout the
Etiwanda South 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 and community trails.
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 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. 03-110
Page 8 of 10
Exhibit `B" continued
Proposed additions to Work Program (Fiscal Year 200212003)
For Project: Tract 16302
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 --- --- ---
SLD # 8 7 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 8 --- --- --- 58
*Existing items installed with original project
Assessment Units by District
Parcel Acres S1 S8 L 8
(See Attached Exhibit C, Pages C-1 and C-2)
Resolution No. 03-110
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA):
The rate per assessment unit (A.U.) is $151.45 for the fiscal year 2002/03. The following table
summarizes the assessment rate for Landscape Maintenance District No. 8 (South Etivenda):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 153 1.00 153 $151.45 $23,171.85
Family
The Proposed Annual Assessment against the Property JR 16302)
23 Parcel x 1 A.U. Factor x $151.45 Rate Per A.U. _ $3,483.35 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(TR 16302) is:
23 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $408.71 Annual Assessment
Resolution No. 03-110
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 Etiwanda):
# 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(TR 16302) is:
23 Parcels x 1 A.U. Factor x $193.75 Rate Per A.U. = 4,456.25 Annual Assessment
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 Etimnda):
#of Rate Per
Physical # of Assessment Assessment Assessment
Land Use Unit Tvoe 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(TR 16302) is:
23 Parcels x 1 A.U. Factor x $193.75 Rate Per A.U. = 4,456.25 Annual Assessment