HomeMy WebLinkAbout05-145 - Resolutions RESOLUTION NO. 05-145
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 15982-1
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has
previously formed a special maintenance district pursuant to the terms of the "Landscape 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,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 requirementfor 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 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 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
Resolution No. 05-145
Page 2 of 12
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: 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
Improvements.
c. Only special benefits will be assessed on the Territoryby 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. 05-145
Page 3 of 12
PASSED, APPROVED, AND ADOPTED this 20th day of April 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
uG
William J. xander, Mayor
ATTEST:
Kath n L. Sobtt, CMC, Deputy City Clerk
I, KATHRYN L. SCOTT, DEPUTY 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 201h day of April 2005.
Executed this 215`day of April 2005, at Rancho Cucamonga, California.
m 4-4,ff
Kat ryn LMC, Deputy City Clerk
Resolution No. 05-145
Page 4 of 12
Exhibit A
To
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
KB HOMES GREATER LOS ANGELES
The legal description of the Properties are:
PARCEL1
THAT PORTION OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER
AND THAT PORTION OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTERAND
THAT PORTION OF THE WEST 150.00 FEET OF THE SOUTHEAST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER ALL IN SECTION 20, TOWNSHIP 1 NORTH, RANGE 6 WEST,
SAN BERNARDINO MERIDIAN LYING WITHIN A STRIP OF LAND 330.00 FEET WIDE, THE
SIDELINES OF SAID STRIP OF LAND BEING 230.00 FEET NORTHWESTERLY AND 100.00
FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING
DESCRIBED SURVEYED REFERENCE LINE:
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF SAID SECTION 20 AND
A LINE PARALLEL WITH AND DISTANT 130.00 FEET NORTHERLY, MEASURED AT RIGHT
ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHEAST ONE-QUARTER OF SECTION
20, SAID POINT BEING SOUTH 0000'32"WEST 2510.50 FEET, MEASURED ALONG SAID EAST
LINE FROM A FOUND TWO (2) INCH COUNTY SURVEYOR'S MONUMENT AT THE
NORTHEAST CORNER OF SAID SECTION 20, SAID POINT ALSO BEING NORTH 0000'32"
EAST 2770.50 FEET, MEASURED ALONG SAID EAST LINE FROM A FOUND ONE (1) INCH
COUNTY SURVEYOR'S MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION 20;
THENCE NORTH 89027'07" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF 1147.74
FEET THENCE SOUTH 44044'00"WEST 3684.72 FEET TO A POINT THAT IS NORTH 0015139"
WEST 125.00 FEET FROM THE SOUTH LINE OF SAID SECTION 20, BEING MEASURED
ALONG THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND DISTANT 230.00
FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF THE WEST
ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 1 NORTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN;THENCE SOUTH 0015'39"EAST ALONG SAID
PROLONGATION, A DISTANCE OF 125.00 FEET TO A POINT IN SAID SOUTH LINE OF
SECTION 20, SAID POINT BEING NORTH 89024'15"WEST 1090.76 FEET, MEASURED ALONG
SAID SOUTH LINE FROM A FOUND 1 '/s INCH COUNTY SURVEYOR'S MONUMENT AT THE
SOUTH ONE-QUARTER CORNER OF SAID SECTION 20, SAID POINT ALSO BEING SOUTH
89024'15" EAST 1550.80 FEET, MEASURED ALONG SAID SOUTH LINE FROM A FOUND 1 '/2
INCH COUNTY SURVEYOR'S MONUMENT AT THE SOUTHWEST CORNER OF SAID SECTION
20.
Resolution No. 05-145
Page 5 of 12
THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS
TO TERMINATE IN SAID SOUTH LINE OF SECTION 20.
PARCEL2
THAT PORTION OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER
AND THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER ALL
OF SECTION 20,TOWNSHIP 1 NORTH, RANGE 6 WEST,SAN BERNARDINO MERIDIAN LYING
WITHIN A STRIP OF LAND 330.00 FEET WIDE, THE SIDELINES OF SAID STRIP OF LAND
BEING 100.00 FEET SOUTHEASTERLY AND EASTERLY AND 230.00 FEET NORTHWESTERLY
AND WESTERLY, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED
SURVEYED REFERENCE LINE:
COMMENCING AT THE POINT OF INTERSECTION OF THE EAST LINE OF SAID SECTION 20
AND A LINE PARALLEL WITH AND DISTANT 130.00 FEET NORTHERLY, MEASURED AT
RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHEAST ONE-QUARTER OF
SECTION 20, SAID POINT BEING SOUTH 00 00'32"WEST 2510.50 FEET, MEASURED ALONG
SAID EAST LINE FROM A FOUND TWO (2) INCH COUNTY SURVEYOR'S MONUMENTAT THE
NORTHEAST CORNER OF SAID SECTION 20, SAID POINT ALSO BEING NORTH 0000'32"
EAST 2770.50 FEET, MEASURED ALONG SAID EAST LINE FROM A FOUND ONE (1) INCH
COUNTY SURVEYOR'S MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION 20;
THENCE NORTH 89027'07" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF 1147.74
FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 44°44'00"W EST 3684.72 FEET
TO A POINT THAT IS NORTH 0015'39"WEST 125.00 FEET FROM THE SOUTH LINE OF SAID
SECTION 20, BEING MEASURED ALONG THE NORTHERLY PROLONGATION OF A LINE
PARALLEL WITH AND DISTANT 230.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES
FROM THE EASTERLY LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER
OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN;
THENCE SOUTH 0015'39"EAST ALONG SAID PROLONGATION,A DISTANCE OF 125.00 FEET
TO A POINT IN SAID SOUTH LINE OF SECTION 20, SAID POINT BEING NORTH 89024'15"
WEST 1090.76 FEET, MEASURED ALONG SAID SOUTH LINE FROM A FOUND 1 Y2 INCH
COUNTY SURVEYOR'S MONUMENT AT THE SOUTH ONE-QUARTER CORNER OF SAID
SECTION 20, SAID POINT ALSO BEING SOUTH 89024'15" EAST 1550.80 FEET, MEASURED
ALONG SAID SOUTH LINE FROM A FOUND 1 Y2 INCH COUNTY SURVEYOR'S MONUMENT AT
THE SOUTHWEST CORNER OF SAID SECTION 20.
THE EASTERLY LINE OF SAID STRIP OF LAND SHALL BE PROLONGED SO AS TO
TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SECTION 20.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE WESTERLY 150.00 FEET OF
THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION
20.
PARCEL 3:
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN
UNINCORPORATED TERRITORY OF THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Resolution No. 05-145
Page 6 of 12
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE
ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, NORTH 00009'48"WEST, 217.24
FEET,TO A POINT IN THE NORTHWESTERLY LINE OF THE 330 FOOT WIDE STRIP OF LAND
GRANTED IN FEE TO SOUTHERN CALIFORNIA EDISON COMPANY PER DEED RECORDED
APRIL 17, 1973 IN BOOK 8163, PAGE 20, OFFICIAL RECORDS OF SAID COUNTY, AND THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE OF SAID
SOUTHEAST QUARTER, NORTH 00009'48" WEST, 360.39 FEET; THENCE SOUTH 43156'40"
EAST, 33.24 FEET; THENCE NORTH 89050'12"EAST, 268.93 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF 333.00 FEET;THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07002'29", AN ARC
LENGTH OF 40.92 FEET TO A POINT IN SAID NORTHWESTERLY LINE;THENCE ALONG SAID
NORTHWESTERLY LINE, SOUTH 44044'26" WEST, 471.38 FEET TO THE TRUE POINT OF
BEGINNING.
The above described parcels are shown on sheet A-4 attached herewith and by this reference
made a part hereof.
Resolution No. 05-145
Page 7 of 12
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CITY OF ITEM: Tract 15982-1
RANCHO CUCAMONGA TITLE: Maintenance District Annexation
ENGINEERING DIVISION EXHIBIT: A-4
Resolution No. 05-145
Page 8 of 12
Exhibit B
To
Description of the District Improvements
Fiscal Year 2004/2005
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. 05-145
Page 9 of 12
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2004/2005)
For Project: Tract 15982-1
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLMD # 1 --- 4 --- --- ---
SLMD # 7 17 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 10 --- --- 50,945 SF 166
*Existing items installed with original project
Assessment Units by District
Parcel D.U. or Acres S1 S7 L10
30 D.U. 30 30 30
Locations of above described additions to the Work Program are shown on sheet B-3
Resolution No. 05-145
Page 10 of 12
LOT D
1
35
38 37136
39
40
41 /
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\ 4, //33
44\ 32
L 45 31
30
47
48 26\
49/\ �25 27 26
OUNCASTER 51\ 2
PUCE \� 52 /�24
53 / 23
\22
54 21\
55z 20
\ 56 /19 \.L\C I I
58 57 � 17 18
59 16 1
60 \ 15
61 s9 14\ /I�\
c BLACKSTONE WYE 62 P 13 n�V Areas Annexing to
\ LOT E64 11 12 \("1 Work Program for LMD 10
LOT 2 , 4 9 10 Tract 15982-1 Lot A
e -qy Lot B
3 7 \ Lot
4
6 Lot E*
� 5
'= LOT A Tract 15982 Lot D*
BILSON AVENUE
* Drainage structures, with
cobble, to be maintained by
Street and Storm Drain crews
1 NORTH 11 I"=400'
CITY OF ITEM: Tract 15982-1
RANCHO CUCAMONGA TITLE: Maintenance District Annexation
ENGINEERING DIVISION EXI-IIBIT: B-3
Resolution No. 05-145
Page 11 of 12
Exhibit C
Proposed Annual Assessment
Fiscal Year 2004/2005
LANDSCAPE MAINTENANCE DISTRICT NO. 10 (RANCHO ETIWANDA):
The rate per assessment unit (A.U.) is $597.09 for the fiscal year 2004/05. 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 (Tract 15982-1) is:
30 Parcels x 1 A.U. Factor x $597.09 Rate Per A.U. _ $17,912.70 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2004/05. 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 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 (Tract 15982-1) is:
30 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $533.10 Annual Assessment
Resolution No. 05-145
Page 12 of 12
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 2004/05. 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 Family Parcel 1804 1.00 1804 $33.32 $60,109.28
Comm/Ind Acre 5 2.00 10 $33.32 $333.20
TOTAL $60,442.48
The Proposed Annual Assessment against the Property (Tract 15982-1) is:
30 Parcels x 1 A.U. Factor x $33.32 Rate Per A.U. _ $999.60 Annual Assessment