HomeMy WebLinkAbout06-194 - Resolutions RESOLUTION NO. 06-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT
16776
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 Landscape Maintenance District No. 9, Street Lighting
Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (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 District; 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 owners of property
within the territory to be annexed; and
WHEREAS, notwithstanding 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. 06-194
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 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 RESOLVE 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 the
levy of all assessments, shall be applicable to the Territory.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 06-194
Page 3 of 11
PASSED, APPROVED, AND ADOPTED this 21St day of June 2006.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William,J: lexander, Mayor
ATTEST:
Deb a J. Ada&VCMC, 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 June 2006.
Executed this 22nd day of June 2006, at Rancho Cucamonga, California.
Der J. Adams, M ity Clerk
Resolution No. 06-194
Page 4 of 11
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owners of the Property are:
Cucamonga Estates 52, LLC, a California Limited Liability Company
The legal description of the Property is:
Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California,
described as follows:
PARCEL NO. A: (0227-131-56-0-000, 0227-131-57-0-000 AND 0227-131-58-0-000)
PARCEL NOS. 2, 3 AND 4 OF PARCEL MAP NO. 3359, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 30 OF PARCEL MAPS, PAGE 59, RECORDS OF SAID COUNTY.
PARCEL NO. B: (0227-131-29-0-000)
LOT 10, BLOCK °K" OF PRELIMINARY MAP OF THE ETIWANDA COLONY LAND, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE WEST 5 ACRES.
PARCEL B-1:
AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTHERLY 30 FEET OF THE
WESTERLY 5 ACRES OF LOT 10, BLOCK K, OF PRELIMINARY MAP OF THE ETIWANDA
COLONY LAND, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS,
PAGE 24, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL NO. 3: (0227-131-34-0-000)
THE EAST 5 ACRES OF LOT 15, BLOCK K, OF PRELIMINARY MAP OF THE ETIWANDA
COLONY LAND, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS,
PAGE 24, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE SOUTH '/2 OF SAID LOT.
PARCEL NO. D: (0227-131-35-0-000)
Resolution No. 06-194
Page 5 of 11
LOT 15, BLOCK K, OF PRELIMINARY MAP OF THE ETIWANDA COLONY LAND, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THEREFROM THE EAST 5
ACRES AND ALSO EXCEPT THEREFROM THE SOUTH Y2 OF SAID LOT 15.
PARCEL NO. E: (0227-131-36-0-000)
THE WEST 132 FEET OF THE SOUTH '/ OF LOT 15, BLOCK K, OF PRELIMINARY MAP OF
THE ETIWANDA COLONY LAND, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF
MAPS, PAGE 24, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO THE STATE OF
CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 11, 1974, IN
BOOK 8345, PAGE 949, OFFICIAL RECORDS.
PARCEL NO. F: (0227-131-52-0-000)
THE SOUTH Y2 OF THAT PORTION OF LOT 15 OF BLOCK "K," OF PRELIMINARY MAP OF
THE ETIWANDA COLONY LAND, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF
MAPS, PAGE 24, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE WEST 132 FEET THEREOF.
ALSO EXCEPT THE EAST 10 FEET THEREOF.
ALSO EXCEPTING THEREFROM ANY PORTION LYING SOUTHEASTERLY OF THE
NORTHWESTERLY LINE OF STATE HIGHWAY CONVEYED TO THE STATE OF
CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 11, 1974, IN
BOOK 8345, PAGE 949, OFFICIAL RECORDS.
PARCEL NO. G: (0227-131-53-0-000)
THE SOUTH '/ OF THE EAST 5 ACRES OF LOT 15, BLOCK "K," OF PRELIMINARY MAP OF
THE ETIWANDA COLONY LAND, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF
MAPS, PAGE 24, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND
THE EAST 10 FEET OF THE SOUTH '/ OF THE WEST 5 ACRES, LYING NORTHWESTERLY
OF THE NORTHWESTERLY LINE OF STATE HIGHWAY CONVEYED TO THE STATE OF
CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 11, 1974, IN
BOOK 8345, PAGE 949, OFFICIAL RECORDS.
PARCEL NO. 1:
PARCEL 1 OF PARCEL MAP NO. 3359, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 30 OF PARCEL MAPS, PAGE 59,
RECORDS OF SAID COUNTY.
Resolution No. 06-194
Page 6 of 11
PARCEL NO. 2:
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES OVER
AND ACROSS THE WEST 30 FEET OF LOT 15, BLOCK "K" OF PRELIMINARY MAP OF THE
ETIWANDA COLONY LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF
SAID COUNTY.
TOGETHER WITH THE RIGHT TO APPORTION THE USE THEREOF AMONG THE FUTURE
OWNERS OF ANY PORTION OF THE FOLLOWING DESCRIBED DOMINANT ESTATE
BEING:
THE WEST 5 ACRES OF LOT 10, BLOCK "K" OF PRELIMINARY MAP OF THE ETIWANDA
COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS
OF SAID COUNTY.
AP N: 0227-131-55-0-000
ALL PREVIOUS PARCELS (A, B, B-1, 3, D, E, F, G, 1 AND 2) TO BECOME KNOWN AS:
TRACT NO. 16776 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 1, 2, 3 AND 4
INCLUSIVE, OF PARCEL MAP NO. 3359, PER PLAT RECORDED IN BOOK 30 OF PARCEL
MAPS, PAGE 59, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; A PORTION
OF LOT 10 AND LOT 15, BLOCK "K" OF PRELIMINARY MAP OF THE ETIWANDA COLONY
LAND, PER PLAT RECORDED IN BOOK 2 OF MAP, PAGE 24, RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA.
Resolution No. 06-194
Page 7 of 11
EXHIBIT"A"
ASSESSMENT DIAGRAM
-- - --- -L-ANDSC-APE-MA-tN!ftWkNC)✓DI-,S—RICT-NO_
STREET LIGHTING MAINTENANCE DISTRICT NOS. t AND 8
1
I. 31 32 37
I 42
I 43
I
I 34 39
I
29 35 44
40
I
I 45
I 3e . 41
I
i
46
I 47
27
25 24 23 22
. I 2e
I
I 10 11 21
I r I 48
9 1/ 12 20 LQQL D
+s
Z7-40 5800 LUMEN
I 6 13 H P5 V 5TREET L14NT
19 50 -� 9500 LuMN
7 14 1e 51 X21- sTREETSTREF-T LIGHT
TREES
I 6 15
I 17 52
I1e
I 5 53
I
� 1
4
55 54
I �
! 3 Y� 57 5659 �\
58
` r _
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA TRACT ND, 1G776
A- 4
Resolution No. 06-194
Page 8 of 11
Exhibit B
Description of the District Improvements
Fiscal Year 2005/2006
LANDSCAPE MAINTENANCE DISTRICT NO. 9(LOWER ETIWANDA)
Landscape Maintenance District No. 9 (LIVID #9) represents landscape sites throughout the
Lower 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 and street
trees.
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. 8 (SOUTH ETIWANDA)
Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or
installation of street lights and traffic signals located on local streets in what is termed the South
Etiwanda area of the City. Generally, this area encompasses the area of the City east of
Etiwanda Avenue, north of Foothill Boulevard and south 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 South Etiwanda area.
Resolution No. 06-194
Page 9 of 11
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 200512006)
For Project: Tract 16776
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 1 -- 6
SLD# 8 28
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # 9 -- -- 16,930 33
*Existing items installed with original project 0
Assessment Units by District
Parcel DU or Acres SLMD #1 SLMD#8 LIVID #9
59 DU 59 59 59
Resolution No. 06-194
Page 10 of 11
Exhibit C
Proposed Annual Assessment
Fiscal Year 2005/2006
LANDSCAPE MAINTENANCE DISTRICT NO, 9(LOWER ET/WANDA)
The rate per assessment unit (A.U.) is $375.91 for the fiscal year 2005/06. The following table
summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 594 1.0 594 $375.91 $223,290.54
Family
Multi- Parcel 692 1.0 692 $375.91 $260,129.72
Family
TOTAL $483,420.26
The Proposed Annual Assessment against the Property (TR 16776) is:
59 Parcels x 1 A.U. Factor x $375.91 Rate Per A.U. _ $22,178.69 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS)
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. 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 16776) is:
59 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $1,048.43 Annual Assessment
Resolution No. 06-194
Page 11 of 11
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ET/WANDA)
The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2005/06. The following table
summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Single
Family Parcel 675 1.00 675 $193.75 $130,781.25
Multi Unit 692 1.00 692 $193.75 $134,075.00
Family
TOTAL $264,856.25
The Proposed Annual Assessment against the Property (TR 16776) is:
59 Parcels x 1 A.U. Factor x $193.75 Rate Per A.U. _ $11,431.25 Annual Assessment