HomeMy WebLinkAbout04-230 - Resolutions RESOLUTION NO. 04-230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TR 16430
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 (the 72 Act"), said special maintenance district known and designated as
Landscape District Maintenance No. 1, Street Lighting Maintenance District No. 1 and Street
Lighting Maintenance District No. 2 (referred to collectively as the "Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the
annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the
preparation of 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 owner of
property within the territory to be annexed; and
WHEREAS, notwithstanding the such provisions of the 72 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 72 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. 04-230
Page 2 of 10
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 72 Act
and/or Article XIIID applicable to the authorization to 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 to 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 B hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are all true and correct.
SECTION 2: This 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 Improvements.
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 levy
of all assessments, shall be applicable to the Territory.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 04-230
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 21"day of July 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Arde Mayor
ATTEST:
)AIV4�
Debra J. Ada , 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 21St day of July 2004.
Executed this 22nd day of July 2004, at Rancho Cucamonga, California.
Debra J. Adam MC, City Clerk
Resolution No. 04-230
Page 4 of 10
Exhibit A
To
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
Title to said estate or interest at the date hereof is vested in:
ARCHIBALD VENTURES, LLC
The legal description of the Properties are:
See attached Exhibit "A" (pages A-2 —A-3).
Resolution No. 04-230
Page 5 of 10
LEGAL DESCRIPTION
Real property in the City of, County of, State of, described as follows:
Parcel No. 1
That portion of the Southeast one-quarter of Section 22, Township 1 North, Range 7 West, San
Bernardino Base and Meridian, in the City of Rancho Cucamonga, County of San Bernardino,
State of California, according to the official plat of said land on file in the District Land Office
described as follows:
Beginning at.a point in the Southeast one-quarter of said Section 22, said point being 30 feet
West of the East Line of said Section 22 and 15 feet North of the South Line of said Section 22;
Thence Northerly and parallel to the East Line of said Section 22, a distance of 486.25 feet;
Thence Westerly and parallel to the South Line of said Section 22, a Distance of 448.00 feet;
Thence Southerly and parallel to the East Line of said Section 22, a distance of 486.25 feet;
Thence Easterly and parallel to the South Line of said Section 22, a distance of 448.00 feet to the
Point of Beginning.
Except therefrom 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
there shall be 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 excepted and reserved in the
deed from Southern Surplus Realty Co., a Corporation, recorded July 8, 1982, as instrument no.
82-133090 Official Records.
Parcel No. 2
That portion of Section 22, Township 1 North, range 7 West, San Bernardino Base and Meridian,
in the City of Rancho Cucamonga, County of San Bernardino, State of California, in the Judicial
Township of Cucamonga, according to Official Government Survey, particularly described as
follows:
Commencing 503 feet North and 30 feet West of the Southeast corner of said Section 22,
Thence North 817 feet;
Thence West 510 feet;
Thence South 817 feet;
Thence East 510 feet of the Point of Beginning.
Excepting therefrom the North 414 feet thereof
Parcel No. 3
The North 414.00 feet of the following described property:
A-2
Resolution No. 04-230
Page 6 of 10
That portion of Section 22, Township 1 North, Range 7 West, San Bernardino Base and Meridian,
in the City of Rancho Cucamonga, County of San Bernardino, State of California, according to the
Official Govemment Survey, particularly described as follows:
Commencing 503.00 feet North and 30.00 feet West of the Southeast corner of said Section 22;
Thence North 817.00 feet;
Thence West 510.00 feet;
Thence South 817.00 feet;
Thence East 510.00 feet to the Point of Beginning.
Parcel No. 4:
The Southeast 1/4 of the Southeast 1/4 of Section 22,Township 1 North, Range 7 West, San
Bernardino Base and Meridian, in the City of Rancho Cucamonga, County of San Bernardino,
State of Califomia, according to the Official Government Survey thereof.
Except therefrom all that portion thereof conveyed in document recorded August 16, 1889, in
Book 101 of Deeds, page 310, records of said County.
Also except therefrom all that portion thereof conveyed in document recorded March 7, 1891 in
Book 127 of Deeds, page 279, records of said County.
Also except therefrom all that portion thereof lying westerly of the easterly boundary of property
conveyed in document recorded June 18, 1907, in Book 395 of Deeds, page 215, records of said
County.
A-3
Resolution No. 04-230
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
Landscape Maintenance District No. 1 (LIVID #1) represents 23.63 acres of landscape area,
41.88 acres of parks and 16.66 acres of community trails that are located at various sites
throughout the City. These sites are not considered to be associated with any one particular
area within the City, but rather benefit the entire City on a broader scale. As such, the parcels
within this district do not represent a distinct district area as do the City's remaining LMD's.
Typically parcels within this district have been annexed upon development
The various sites maintained by the district consist of parkways, median islands, paseos, street
trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear
Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park
and the Rancho Cucamonga Senior Center.
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. 2 (LOCAL STREETS):
Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or
installation of street lights and traffic signals located on local streets throughout the City but
excluding those areas already in a local maintenance district. Generally, this area
encompasses the residential area of the City west of Haven Avenue. It has been determined
that the facilities in this district benefit 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 generally west of Haven Avenue.
Resolution No. 04-230
Page 8 of 10
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2003/2004)
For Project: TR 16430
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,0001- 27,500L
SLD # 1 --- 10 --- --- ---
SLD # 2 8 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 1 9,265 --- 11,053 35
*Existing items installed with original project
Assessment Units by District
Parcel DU or Acres S1 S2 L 1
23 --- 46 46 23
Resolution No. 04-230
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2003/04. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General City):
#of #of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 7699 1.0 7951 $92.21 $733,161.71
Family
Multi- Units 7091 0.5 3570 $92.21 $329,189.70
Family
Comm/Ind. Acre 2 1.0 2 $92.21 $184.42
TOTAL $1,062,535.83
The Proposed Annual Assessment against the Property (TR 16430) is:
23 D.U. x 1.0 A.U. Factor x $92.21 Rate Per A.U. _ $2,120.83 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 Type Units Units Factor Units Unit Revenue
Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27
Family
Multi-Family Unit 8,540 1.00 8,540 $17.77 $151,755.80
Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99
TOTAL $612,207.06
The Proposed Annual Assessment against the Property TR 16430) is:
23 D.U. x 2 A.U. Factor x $17.77 Rate Per A.U. _ $817.42 Annual Assessment
Resolution No. 04-230
Page 10 of 10
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS):
The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2003/04. The following table
summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets):
# of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 6050 1.00 6050 $39.97 $241,818.50
Family
Multi Family Unit 24 1.00 919 $39.97 $36,732.43
Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86
Total $280,073.79
The Proposed Annual Assessment against the Property (TR 16430) is:
23 D.U. x 2 A.U. Factor x $39.97 Rate Per A.U. _ $1,838.62 Annual Assessment