HomeMy WebLinkAbout03-223 - Resolutions RESOLUTION NO. 03-223
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 PARCEL MAP
NUMBER 15923
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 territoryto 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 XII ID 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. 03-223
Page 2 of 8
WHEREAS,by such Consent and Waiver,all of the owners of the Territoryhave 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 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,certi(cation and signatures
Resolution No. 03-223
Page 3 of 8
PASSED, APPROVED, AND ADOPTED this 6`h day of August 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
lu
Willia J. Alexan er, Mayor
ATTEST:
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 6'h day of August 2003.
Executed this 7th day of August 2003, at Rancho Cucamonga, California.
be—bra J. Adam , City Clerk
Resolution No. 03-223
Page 4 of 8
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
LDC COUGAR, LLC, A DELAWARE LIMITED LIABILITY COMPANY
The legal description of the Property is:
PARCEL A:
PARCEL 2 OF PARCEL MAP 15455, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 191 OF
PARCEL MAPS, PAGES 33 THROUGH 35, INCLUSIVE, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, HYDROCARBONS AND KINDRED
SUBSTANCES 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 OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR JOINT USE OF DRIVEWAYS, AS SET FORTH IN THAT CERTAIN
DECLARATION ESTABLISHING EASEMENTS RECORDED OCTOBER 28, 1988 AS
INSTRUMENT NO. 88-364375 OF OFFICIAL RECORDS.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
Resolution No. 03-223
Page 5 of 8
Parcel with 216 IVrarket Rate Senior
Apartments per DRC2002-00633
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FOOTHILL Parcel for
Future Develop ununt
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%rubs Me"471
PARCEL MAP 15923
Annexation to LMI1D 4, SLD 1 and SLD 4
CITY OF RANCI-10 CUCA11•IONGA title;
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ENGINEERING DIVISION ExhibitA-2
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Resolution No. 03-223
Page 6 of 8
Exhibit B
To
Description of the District Improvements
Fiscal Year 2002/2003
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 bythe 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 Mountain View
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 trafic 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.
Resolution No. 03-223
Page 7 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2002/2003
LANDSCAPE MAINTENANCE DISTRICT NO.4(TERRA VISTA PLANNED COMMUNITY)
The rate per assessment unit(A.U.)will not be increased in fiscal year 2002/03. 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 2652 1.0 2652 $252.50 $ 669,630.00
Multi-Family Unit 2769 1.0 2769 $222.00 $ 614,718.00
Commercial Acre 213.99 1.0 213.99 $382.99 $ 81,956.03
TOTAL $1,366,304.03
The Proposed Annual Assessment against the Property(PM 15923) is:
216 Units x 1.0 A.U. Factor x $222.00 Rate Per A.U. _ $47,952.00 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 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 Type Units Units Factor Units Unit Revenue
Single
Family Parcel 19,803 1.00 19,803 $17.77 $351,899.31
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(PM 15923) is:
216 Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $3,838.32 Annual Assessment
Resolution No. 03-223
Page 8 of 8
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO.4(TERRA VISTA PLANNED COMMUN":
The rate per assessment unit (A.U.) is $28.96 for the fiscal year 2002/03. 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 Tvoe Units Units Factor Units Unit Revenue
Multi- Family Unit 2769 0.5 1384.50 $28.96 $40,095.12
Single Parcel 2650 1.0 2650 $28.96 76,744.00
Family
Commercial Acre 213.99 2.0 427.98 $28.96 $12,394.30
TOTAL $129,233.42
The Proposed Annual Assessment against the Property(Parcel Map 15923) is:
216 Units x 0.5 A.U. Factor x $28.96 Rate Per A.U. _ $3,127.68 Annual Assessment