HomeMy WebLinkAbout03-193 - Resolutions RESOLUTION NO. 03-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CUP 95-25
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. 36, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 6 (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 XI IID 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. 03-193
Page 2 of 11
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. 03-193
Page 3 of 11
PASSED, APPROVED, AND ADOPTED this 16`" day of July 2003.
AYES: Alexander, Gutierrez, Kurth, Williams
NOES: None
ABSENT: Howdyshell
ABSTAINED: None
I
ct,E
William J. AlAxander, Mayor
ATTEST:
&e� N-. a�c�G41
Debra J. Ada 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 16`h day of July 2003.
Executed this 17'"day of July 2003, at Rancho Cucamonga, California.
Aakz4t P— ��C �J
Debra J. Adams, MC, City Clerk
Resolution No. 03-193
Page 4 of 11
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
SAHGA GROUP, L.P.
The legal description of the Property is:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN
BERNARDINO, CITY OF RANCHO CUCAMONGA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
ALL THAT PORTION OF LOT 17 OF A SUBDIVISION OF LOT 10, CUCAMONGA VINEYARD
TRACT, AS PER MAP RECORDED IN BOOK 20, PAGE 44 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 17, SAID POINT BEING THE
INTERSECTION OF THE WEST LINE OF VINEYARD AVENUE AND THE SOUTH LINE OF
FOOTHILL BOULEVARD; THENCE WEST ALONG THE NORTH LINE OF LOT 17, 568 FEET;
THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 17 TO THE
SOUTH LINE OF THE NORTH HALF OF SAID LOT 17, A DISTANCE OF 4 FEET TO A
POINT; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 17 TO
THE SOUTH LINE OF SAID LOT 17; THENCE EASTERLY ALONG THE SOUTHERLY LINE
OF SAID LOT 17 TO A POINT 110 FEET WEST OF THE WEST LINE OF VINEYARD
AVENUE; THENCE NORTH PARALLEL TO WEST LINE OF VINEYARD AVENUE 90 FEET;
THENCE EAST PARALLEL TO SOUTH LINE OF LOT 17, 110 FEET TO THE WEST LINE OF
VINEYARD AVENUE; THENCE NORTH ALONG THE WEST LINE OF VINEYARD AVENUE
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS GRANTED TO THE COUNTY OF SAN
BERNARDINO, BY DEED RECORDED JANUARY 16, 1968 IN BOOK 6959, PAGE 37 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
ALL THOSE PORTIONS OF LOT 17, CUCAMONGA VINEYARD TRACT, AS PER PLAT
RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY DESCRIBED
AS FOLLOWS.
PARCEL 1:
THE NORTH 30.00 FEET TO THE EAST 35.00 FEET OF SAID LOT 17.
EXCEPT THEREFROM ANY PORTION PREVIOUSLY CONVEYED, RESERVED OR
DEDICATED TO THE COUNTY OF SAN BERNARDINO, OR THE STATE OF CALIFORNIA
FOR ROAD PURPOSES.
Resolution No. 03-193
Page 5 of 11
Exhibit "A' continued
PARCEL2:
THE EAST 14.00 FEET OF THE NORTH 138.00 FEET OF SAID LOT 17.
EXCEPT THEREFROM ANY PORTION PREVIOUSLY CONVEYED, RESERVED OR
DEDICATED TO THE COUNTY OF SAN BERNARDINO, OR THE STATE OF CALIFORNIA
FOR ROAD PURPOSES.
PARCEL 3:
A TRIANGULAR SHAPED PARCEL OF LAND, (BEING A 20.00 FOOT RADIUS CORNER
RETURN) BOUNDED AS FOLLOWS:
ON THE NORTH BY THE SOUTH LINE OF SAID PARCEL NO. 1; ON THE EAST BY THE
WEST LINE OF PARCEL NO. 2; ON THE SOUTHWEST BY THE ARC OF A CURVE,
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 20.00 FEET; SAID CURVE BEING
TANGENT TO THE WEST LINE OF SAID PARCEL NO. 2.
PARCEL B:
THAT PORTION OF LOT 17 OF SUBDIVISION OF LOT 10 OF CUCAMONGA VINEYARD
TRACT, AS PER PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID
COUNTY, LYING EAST OF LINE "A" AND WEST OF LINE "B", SAID LINES BEING
DESCRIBED AS FOLLOWS:
LINE "A": BEGINNING AT A POINT IN THE SOUTH BOUNDARY LINE OF FOOTHILL
BOULEVARD, AS WIDENED A 100 FEET, DISTANT 600 FEET WESTERLY FROM THE
INTERSECTION OF SAID SOUTH BOUNDARY LINE AND THE WEST BOUNDARY LINE OF
VINEYARD AVENUE; THENCE SOUTH 1' 52' WEST, 403.43 FEET; THENCE SOUTH 26° 15'
WEST, 244.97 FEET TO A POINT ON SAID 4400 FOOT RADIUS CURVE, SAID POINT
BEING THE SOUTHWESTERLY LINE OF SAID 4400 FOOT RADIUS CURVE, 635.09 FEET
FROM THE SOUTH BOUNDARY LINE OF SAID FOOTHILL BOULEVARD, SAID LINE "A"
BEING THE EAST LINE OF THE LAND CONVEYED TO THE SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT, A BODY POLITIC OF THE STATE OF CALIFORNIA, BY DEED
RECORDED MAY 27, 1944, IN BOOK 1682, PAGE 269 OFFICIAL RECORDS.
LINE "B": COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF
FOOTHILL BOULEVARD AND THE WESTERLY LINE OF VINEYARD AVENUE; THENCE
WESTERLY ALONG THE SOUTHERLY LINE OF FOOTHILL BOULEVARD, 600 FEET TO
THE EASTERLY LINE OF THE LAND CONVEYED TO THE SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT BY DEED RECORDED MAY 27, 1944 IN BOOK 1682, PAGE
269, OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF
FOOTHILL BOULEVARD, 32 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 17 TO THE SOUTH
LINE OF THE NORTH '/Z OF SAID LOT 17; THENCE WESTERLY ALONG THE SAID SOUTH
LINE OF THE NORTH YZ OF LOT 17, A DISTANCE OF 4 FEET, TO A POINT; THENCE
SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 17 TO THE SOUTH
LINE OF SAID LOT 17.
I
Resolution No. 03-193
Page 6 of 11
Exhibit "A" continued
PARCEL C:
PORTIONS OF THOSE PARTS OF LOT 17 OF SUBDIVISION OF LOT 10, CUCAMONGA
VINEYARD TRACT, AS PER PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44,
RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED IN DOCUMENTS RECORDED IN
BOOK 1682, PAGE 269, AND IN BOOK 2874, PAGE 447, BOTH OFFICIAL RECORDS OF
SAID COUNTY, SAID PORTIONS BEING ALL OF SAID PARTS LYING EASTERLY FROM
THE EASTERLY LINE OF A 60.00 FOOT WIDE STRIP OF LAND, THE WESTERLY LINE OF
SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF ARROW ROUTE HIGHWAY (60.00 FEET
WIDE) DISTANT, ALONG SAID CENTER LINE, NORTH 89° 54' 36" WEST, 652.19 FEET
FROM A ONE-INCH IRON PIPE MARKING THE INTERSECTION THEREOF WITH THE
CENTER LINE OF VINEYARD AVENUE (60.00 FEET WIDE) AS SAID INTERSECTION IS
SHOWN ON RECORD OF SURVEY MAP RECORDED IN BOOK 35, PAGE 90, RECORDS OF
SURVEY OF SAID COUNTY; THENCE NORTH 12° 58' 07" WEST, 607.24; THENCE
NORTHERLY 1210.23 FEET ALONG A TANGENT CURVE, CONCAVE EASTERLY, HAVING
A RADIUS OF 4019.16 FEET AND CENTRAL ANGEL OF 17° 15' 10"; THENCE NORTH 4° 17'
08" EAST, 162.00 FEET TO THE POINT OF TERMINATION IN THE CENTER LINE OF
FOOTHILL (100.00 FEET WIDE) SAID POINT BEING DISTANT, ALONG SAID CENTER LINE
NORTH 890 56' 35" WEST 249.33 FEET FROM A ONE-INCH IRON PIPE MARKING THE
INTERSECTION THEREOF WITH THE CENTER LINE OF SAN DIEGO STREET (FORMERLY
CARNELIAN STREET, 74.00 FEET WIDE) AS SAID INTERSECTION IS SHOW ON SAID MAP
OF RECORD OF SURVEY, RECORDED IN BOOK 35, PAGE 90 OF RECORDS OF SURVEY.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED
PARCEL OF LAND.
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID 60.00 FOOT WIDE STRIP OF
LAND, SAID POINT BEING SOUTH 85° 42' 57" EAST, 60.00 FEET FROM A
FOREDESCRIBED "POINT C"; THENCE NORTH 61° 22' 44" EAST, 40.50 FEET; THENCE
NORTH 20` 17' 03" EAST, 156.18 FEET TO THE CENTER LINE OF SAID FOOTHILL
BOULEVARD; THENCE ALONG SAID CENTER LINE, NORTH 89' 56' 35" WEST, 77.26 FEET
TO THE INTERSECTION THEREOF WITH THE EASTERLY LINE OF SAID 60.00 FOOT
WIDE STRIP OF LAND; THENCE ALONG SAID EASTERLY LINE, SOUTH 4° 17' 03" WEST,
166.44 FEET TO THE POINT OF BEGINNING.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
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Resolution No. 03-193
Page 8 of 11
Exhibit B
To
Description of the District Improvements
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO. 313 (COMMERCIAL/INDUSTRIAL):
Landscape Maintenance District No. 3b (LIVID #3b) represents landscape sites throughout the
Commercial/Industrial Maintenance District. 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 landscape sites that are maintained by this district consist of median islands,
parkways, street trees, entry monuments, the landscaping within the Metrolink Station and
22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the
maintenance building).
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. 6 (COMMERCIAL/INDUSTRIAL):
Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or
installation of street lights and traffic signals located on commercial and industrial streets
throughout the City but excluding those areas already in a local maintenance district. Generally,
this area encompasses the industrial area of the City south of Foothill Boulevard. 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 industrial or commercial streets
and traffic signals (or a portion thereof) on industrial or commercial streets generally south of
Foothill Boulevard.
Resolution No. 03-193
Page 9 of 11
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2002/2003)
For Project: CUP 95-25
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,0001L 27,500L
SLD # 1 --- --- 7 --- ---
SLD #6 --- --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # 3B --- --- --- 45
'Existing items installed with original project
Assessment Units by District
Parcel Acres S1 S6 L 3B
1 8.90 17.8 8.90 8.90
Resolution No. 03-193
Page 10 of 11
Exhibit C
Proposed Annual Assessment
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2002/03. The following table
summarizes the assessment rate for Landscape Maintenance District No. 3B
(Commercial/industrial):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tyne Units Units Factor Units Unit Revenue
Comm/Ind Acre 2115.92 1.0 2115.92 $352.80 $746,496.58
The Proposed Annual Assessment against the Property (CUP 95-25) is:
Parcel 1: 8.90 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $3,139.92 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 95-25) is:
Parcel 1: 8.90 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $316.31 Annual Assessment
Resolution No. 03-193
Page 11 of 11
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2002/03. The following table
summarizes the assessment rate for Street Light Maintenance District No. 6
(Commercial/Industrial):
#of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tyne Units Units Factor Units Unit Revenue
Comm/Ind Acre 1,994.74 1.00 1,994.74 $51.40 $102,529.64
The Proposed Annual Assessment against the Property (CUP 95-25) is:
Parcel 1: 8.90 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $457.46 Annual Assessment