HomeMy WebLinkAbout06-233 - Resolutions RESOLUTION NO. 06-233
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 DRC2005-00228
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. 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 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. 06-233
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. 06-233
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 2nd day of August 2006.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
th
illiam J. Al ander, yor
ATTEST:
AA. Ad , 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 2nd day of August 2006.
Executed this 3`d day of August 2006, at Rancho Cucamonga, California.
Debra J. Adan s C, City Clerk
Resolution No. 06-233
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
LGC Homecoming at Terra Vista, LLC, a Delaware Limited Liability Company
The Legal description of the Property is:
PARCEL B: OF CERTIFICATE OF COMPLIANCE FOR LLA#622;
BEING A PORTION OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE NO. 572, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, RECORDED MARCH 18, 2004, AS INSTRUMENT NO. 2004-0186721, IN
OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH A PORTION OF LOT "A" AND
LOT 4 OF TRACT MAP NO. 16157, PER MAP FILED IN BOOK 296, PAGES 3 THROUGH 6,
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE INTERSECTION OF CHURCH STREET AND MALAGA DRIVE AS
SHOWN ON SAID TRACT MAP NO. 16157; THENCE, ALONG THE CENTERLINE OF
CHURCH STREET, SOUTH 37°17'30" WEST 235.46 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1030.00
FEET; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 13°03'44", AN ARC LENGTH OF 234.82 FEET; THENCE, LEAVING SAID CENTERLINE
AND RADIAL TO SAID CURVE, NORTH 39°38'46" WEST 50.00 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF CHURCH STREET, SAID POINT ALSO BEING THE
TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY,
NORTH 52°32'56" WEST 254.22 FEET, THENCE NORTH 37°27'04" EAST 11.34 FEET;
THENCE NORTH 52`32'56" WEST 484.83 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET; THENCE
NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 89°29'26", AN ARC LENGTH OF 702.86 FEET; TO A
POINT ON THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE, ALONG SAID
NORTHEASTERLY LINE OF SAID LOT 4, SOUTH 52`32'56" EAST 51.00 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 399.00 FEET, TO SAID POINT A RADIAL LINE BEARS NORTH 53°07'24" WEST,
SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF SAID LOT 4; THENCE
SOUTHWESTERLY, ALONG SAID CURVE AND ALONG SAID SOUTHEASTERLY LINE,
THROUGH A CENTRAL ANGLE OF 21°32'09", AN ARC LENGTH OF 149.97 FEET; THENCE,
RADIAL TO SAID CURVE, NORTH 74°39'33" WEST 21.00 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 420.00 FEET,
Resolution No. 06-233
Page 5 of 10
TO SAID POINT A RADIAL LINE BEARS NORTH 74°39'33" WEST; THENCE SOUTHERLY,
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02`03'25", AN ARC LENGTH OF
15.08 FEET; THENCE, RADIAL TO SAID CURVE, NORTH 76°42'58" WEST 21.00 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 441.00 FEET, TO SAID POINT A RADIAL LINE BEARS NORTH
76°42'58" WEST; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 65°49'58", AN ARC LENGTH OF 506.71 FEET; THENCE SOUTH
52°32'56" EAST 481.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 882.00 FEET, TO SAID POINT A
RADIAL LINE BEARS SOUTH 40°57'55" EAST, SAID POINT BEING ON THE NORTHERLY
LINE OF SAID PARCEL 4; THENCE NORTHEASTERLY, ALONG SAID CURVE AND SAID
NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 11°50'23", AN ARC LENGTH OF
182.26 FEET; THENCE, ALONG SAID NORTHERLY LINE AND EASTERLY LINE OF SAID
PARCEL 4 THE FOLLOWING COURSES; NORTH 54°10'49" EAST 110.97 FEET; NORTH
37°27'04" EAST 79.72 FEET; NORTH 75°54'19" EAST 26.85 FEET; SOUTH 52°42'30" EAST
188.25 FEET; SOUTH 37°27'04" WEST 24.62 FEET; SOUTH 01°44'20" WEST 18.46 FEET;
SOUTH 52°42'30" EAST 10.65 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF
CHURCH STREET; THENCE, ALONG SAID RIGHT-OF-WAY, SOUTH 37°17'30" WEST
153.82 FEET; THENCE SOUTH 52'42'30" EAST 5.98 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 980.00
FEET, TO SAID POINT A RADIAL LINE BEARS SOUTH 52°21'27" EAST; THENCE
SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12'42'41",
AN ARC LENGTH OF 217.42 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL "B" CONTAINS 2.715 ACRES OF LAND, MORE OR LESS.
The above described parcels are shown on sheet A-3 attached herewith and by this reference
made a part hereof.
Resolution No. 06-233
Page 6 of 10
EXHIBIT"A"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 4
STREET LIGHTING MAINTENANCE DISTRICT NOS, 1 AND 4
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SHEET N0. 3 \
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DRC2005-00278
(PHASE IL TR16157) q�
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6050
vew'zi E ns.00
490
� ND ITEMS ADDEDTO WORK PROGRAM
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A
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA DRC2005-002720
A-3
Resolution No. 06-233
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2006/2007
LANDSCAPE MAINTENANCE DISTRICT NO. 4(TERRA VISTA PLANNED COMMUNIM:
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 by the district consist of
parkways, median islands, street trees, paseos and parks. The 36.23 acres of park consist of
Coyote Canyon Park, Milliken Park and West Greenway 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. 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. 06-233
Page 8 of 10
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2006/2007)
For Project: DRC2005-00228
Number of Lamps
Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L
SLD # 1
SLD #4
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD #4
*Existing items installed with original project
Assessment Units by District
DU SLD 1 SLD 4 LIVID 4
44 44 22 22
Resolution No. 06-233
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2006/2007
LANDSCAPE MAINTENANCE DISTRICT NO. 4(TERRA VISTA PLANNED COMMUNITY):
The rate per assessment unit (A.U.) will not be increased in fiscal year 2006/07. The following
table summarizes the assessment rate for Landscape Maintenance District No. 4 (Terra Vista
Planned Community):
# of Assessment # of Rate Per
Physical Units Factor Assessment Assessment
Land Use Type Units Units Unit Revenue
Single Parcel 2653 1.0 2653 $252.50 $669,882.50
Family
Multi-Family Unit 3202 1.0 3202 $222.00 $614,718.00
Commercial Acre 277.86 1.0 227.86 $382.99 $87,268.13
TOTAL $1,467,994.60
The Proposed Annual Assessment against the Property (DRC2005-00228) is:
44 D.U. x 0.5 A.U. Factor x $220.00 Rate Per A.U. _ $4,840.00 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2006/07. 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 (DRC2005-00228) is:
44 D.U. x 1 A.U. Factor x $17.77 Rate Per A.U. _ $781.88 Annual Assessment
Resolution No. 06-233
Page 10 of 10
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 4(TERRA VISTA PLANNED COMMUNIM:
The rate per assessment unit (A.U.) is $28.96 for the fiscal year 2006/07. 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 Type Units Units Factor Units Unit Revenue
Multi- Unit 5581 .05 2790.50 $28.96 $80,812.88
Family
Single Parcel 2653 1.00 2653 $28.96 $76,830.88
Family
Commercial Acre 227.86 2.00 455.72 $28.96 $13,197.65
TOTAL $170,841.41
The Proposed Annual Assessment against the Property (DRC2005-00228) is:
44 D.U. x 0.5 A.U. Factor x $28.96 Rate Per A.U. _ $637.12 Annual Assessment