HomeMy WebLinkAbout03-297 - Resolutions RESOLUTION NO. 03-297
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 10 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 16306
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. 10, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 7 (referred to collectively as the "Maintenance Districts"); and
WHEREAS, t he p rovisions o f A rticle 2 o f C hapter 2 o f t he "Landscaping a nd
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. 03-297
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. 03-297
Page 3 of 11
PASSED, APPROVED, AND ADOPTED this 19`h day of November 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William41, Mayor
ATTEST:
Alav-
D6bra 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 19th day of November 2003.
Executed this 201h day of November 2003, at Rancho Cucamonga, California.
'&". 'aae—'�
Debra J. Ada MC, City Clerk
Resolution No. 03-297
Page 4 of 11
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
YOUNG CALIFORNIA CUCAMONGA, L.P.
The legal description of the Property is:
SEE ATTACHED EXHIBIT "A" (pages A-2 and A-3)
The above-described parcels are shown on sheet A-4 attached herewith and by this reference
made a part hereof.
Resolution No. 03-297
Page 5 of 11
EXHIBIT "A"
PARCEL A:
PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. 552 FOR LOT LINE ADJUSTMENT, AS
SHOWN ON EXHIBIT"B', RECORDED OCTOBER 18,2003 AS INSTRUMENT NO. 2003-
782864 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE MONO POWER COMPANY,A CORPORATION,ITS
SUCCESSORS AND ASSIGNS ALL URANIUM,THORIUM AND OTHER FISSIONABLE
MATERIALS,ALL OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND
CHARACTER,WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT,WITHIN OR
UNDERLYING, OR.WHICH MAY BE PRODUCED FROM THE HEREINBEFORE DESCRIBED
LAND;TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND
WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT
SURFACE OF SAID LAND,FOR THE PURPOSE OF PROSPECTING FOR,DEVELOPING
AND/OR EXTRACTING SAID URANIUM,THORIUM AND OTHER FISSIONABLE -
MATERIALS,OIL,GAS, PETROLEUM, ASPHALTUM AND OTHER MINERAL OR
HYDROCARBON SUBSTANCES FROM SAID LAND, IT BEING EXPRESSLY UNDERSTOOD
AND AGREED THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS,SHALL HAVE
NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND,OR TO USE SAID LAND OR
ANY PORTION THEREOF TO SAID DEPTH OF 500 FEET,FOR ANY PURPOSE
WHATSOEVER,AS RESERVED IN THE DEED RECORDED IN BOOK 8054, PAGE 186.OF
OFFICIAL RECORDS.
PARCEL B:
PARCEL 14 OF CERTIFICATE OF COMPLIANCE NO. 496,FOR LOT LINE ADJUSTMENT
RECORDED OCTOBER 31,2001 AS INSTRUMENT/FILE NO. 20010496033 OF OFFICIAL
RECORDS,DESCRIBED AS FOLLOWS:
THAT PORTION OF THE WESTERLY 330.00 FEET OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29,
TOWNSHIP 1 NORTH, RANGE 6 WEST,SAN 13ERNARDINO BASE AND MERIDIAN, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH HALF OF THE
SOUTHWEST-QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 29;THENCE SOUTH 000 02' 19"WEST,448.59 FEET TO THE TRUE
POINT OF BEGINNING;THENCE LEAVING SAID WESTERLY LINE, SOUTH 890 57'37"
EAST, 330.00 FEET TO THE EASTERLY LINE OF SAID WESTERLY 330.00 FEET;THENCE
SOUTH 000 02' 19" EAST, ALONG SAID EASTERLY LINE, 541.26 FEET TO THE
NORTHERLY RIGHT OF WAY OF STATE OF CALIFORNIA ROUTE 30 PER INSTRUMENT
NO. 1999-0191468OF OFFICIAL RECORDS;THENCE, ALONG SAID NORTHERLY RIGHT
OF WAY, NORTH 71- 14'44'WEST 70.81 FEET;THENCE NORTH 730 58' 40- WEST,
132.96 FEET;THENCE NORTH 47° 44' 31" WEST,44.14 FEET;THENCE NORTH 890 07'
04"WEST,94.39 FEET;THENCE NORTH 01 G 03' 29" WEST,242.13 FEET;THENCE
NORTH 890 27'55"WEST, 3.41 FEET TO THE WESTERLY LINE OF SAID WESTERLY
330.00;THENCE LEAVING SAID NORTHERLY RIGHT OF WAY NORTH 000 02' 19" EAST
ALONG THE SAID WESTERLY LINE, 208.77 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE MONO POWER COMPANY,A CORPORATION, ITS
SUCCESSORS AND ASSIGNS ALL URANIUM, THORIUM AND OTHER FISSIONABLE
MATERIALS,ALL OIL, GAS, PETROLEUM,ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND
A_2 TP, 16306
Resolution No. 03-297
Page 6 of 11
EXHIBIT "A"(CONTINUED)
CHARACTER,WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT,WITHIN OR
UNDERLYING,OR WHICH MAY BE PRODUCED FROM THE HEREINBEFORE DESCRIBED
LAND:TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND
WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT
SURFACE OF SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR,DEVELOPING
AND/OR EXTRACTING SAID URANIUM,THORIUM AND OTHER FISSIONABLE
MATERIALS,OIL, GAS,PETROLEUM,ASPHALTUM AND OTHER MINERAL OR
HYDROCARBON SUBSTANCES FROM SAID LAND, IT BEING EXPRESSLY UNDERSTOOD
AND AGREED THAT SAID GRANTOR,ITS SUCCESSORS AND ASSIGNS,SHALL HAVE
NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, OR TO USE SAID LAND OR
ANY PORTION THEREOF TO SAID DEPTH OF 500 FEET, FOR ANY PURPOSE
WHATSOEVER,AS RESERVED IN THE DEED RECORDED IN BOOK 8054,PAGE 186 OF
OFFICIAL RECORDS.
A-3 TR 16306
Resolution No. 03-297
Page 7 of 11
EXHIBIT"A"-s}
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 10
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 7
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CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA T9-14130%
Resolution No. 03-297
Page 8 of 11
Exhibit B
To
Description of the District Improvements
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 10 (RANCHO ETIWANDA)
Landscape Maintenance District No. 10 (LIVID #10) represents landscape sites throughout the
Rancho 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, street trees
and a neighborhood 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.7(NORTH ETIWANDA):
Street Light Maintenance District No. 7 (SLD #7) is used to fund the maintenance and/or
installation of street lights and traffic signals located on local streets in what is termed the North
Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day
Creek Channel and north 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 traffic signals (or
a portion thereof) on local streets within the North Etiwanda area.
Resolution No. 03-297
Page 9 of 11
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2003/2004)
For Project: Tract 16306
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1 --- --- --- ---
SLD # 7 -9- --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD #10 --- --- 7,025 95
*Existing items installed with original project
Assessment Units by District
Parcel DU S1 S7 L10
26 26 26
I
Resolution No. 03-297
Page 10 of 11
Exhibit C
Proposed Annual Assessment
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 10 (RANCHO ETIWANDA)
The rate per assessment unit (A.U.) is $597.09 for the fiscal year 2003/04. The following table
summarizes the assessment rate for Landscape Maintenance District No. 10 (Rancho
Etiwanda):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 602 1.00 602 $597.09 $359,448.18
Family
TOTAL $359,448.18
The Proposed Annual Assessment against the Property (TR 16306) is:
26 Parcels x 1 A.U. Factor x $597.09 Rate Per A.U. _ $15,524.34 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. 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 Tyne 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 16306) is:
26 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $462.02 Annual Assessment
Resolution No. 03-297
Page 11 of 11
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA)
The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2003/04. The following table
summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 1804 1.00 1804 $33.32 $60,109.28
Family
Comm/Ind Acre 5 2.00 10 $33.32 $333.20
TOTAL $60,442.48
The Proposed Annual Assessment against the Property (TR 16306) is:
26 Parcels x 1 A.U. Factor x $33.32 Rate Per A.U. _ $866.32 Annual Assessment