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HomeMy WebLinkAbout06-268 - Resolutions RESOLUTION NO. 06-268 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 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"1972 Act"), 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 1972 Act authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide thatthe 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 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. 06-268 Page 2 of 12 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 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 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 C. 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. 06-268 Page 3 of 12 PASSED, APPROVED, AND ADOPTED this 6'h day of September 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None 6Q William J. rAla2nder, ATTEST: De ra J. Ada 6)eCMC, 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 6`h day of September 2006. Executed this 7`h day of September 2006, at Rancho Cucamonga, California. Ak" 4 De'bra J. Adm MC, City Clerk Resolution No. 06-268 Page 4 of 12 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: KB HOME GREATER LOS ANGELES The legal description of the Properties is: 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-QUARTER AND 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 0015'39" WEST 125.00 FEET FROM THE SOUTH LINE OF SAID SECTION 20, BEING MEASURED ALONG THE NORTHERLY PROLONGATION OFA 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 0°15'39"EASTALONG 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 '/ 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 '/� INCH COUNTY SURVEYOR'S MONUMENT AT THE SOUTHWEST CORNER OF SAID SECTION 20. THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN SAID SOUTH LINE OF SECTION 20. Resolution No. 06-268 Page 5 of 12 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 EASTERLYAND 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 FOUND TWO (2) INCH COUNTY SURVEYOR'S MONUMENT AT THE NORTHEAST CORNER OF SAID SECTION 20, SAID POINT ALSO BEING NORTH 0°00'32" 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 44144'00"WEST 3684.72 FEET TO A POINT THAT IS NORTH 001639"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 001539"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 '/I INCH COUNTY SURVEYOR'S MONUMENT AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 20, SAID POINT ALSO BEING SOUTH 89°24'15" EAST 1550.80 FEET, MEASURED ALONG SAID SOUTH LINE FROM A FOUND 1 '/INCH COUNTY SURVEYOR'S MONUMENTAT 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. 06-268 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 43°56'40" 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. 06-268 Page 7 of 12 5 cE cvwb / 6 L� � 3 / rFM ILS0/ I m LLUJ m m L r 0 NORTH I I 1"= 600' CITY OF ITEM: Tract 15982 RANCHO CUCAMONGA TITLE: Maintenance District Annexation ENGINEERING DIVISION EXHIBIT: A-4 Resolution No. 06-268 Page 8 of 12 Exhibit B To Description of the District Improvements Fiscal Year 2006/2007 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. 06-268 Page 9 of 12 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 200612007) For Project: Tract 15982 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L SLMD # 1 --- --- SLMD # 7 12 --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LIVID # 10 --- --- 80 'Existing items installed with original project Assessment Units by District Parcel D.U. or Acres S1 S7 L10 34 D.U. 34 34 34 Locations of above described additions to the Work Program are shown on sheet B-3 Resolution No. 06-268 Page 10 of 12 LOT D 35 38 37`36 39 40 001/q 41 /34 42 \ 43 / 33 44\ /� 32 45 p 31 46 30 47 P 29 48 � 26\ 49 �� 27 50 26 51\ 25 PLACE��\ 52 y/ 24 53 / 23 22 54 21\ 5520 \ 56 /19 \'� C 1e 58 57�� 17 � 2 5916 1 2- aj,-Ca�Y e0 �5 33 1v�11— 61 14\ A� BLACKSTONE DRNE 62 13 1/ Areas Annexing to LOT E 63 �, 12 Work Program for LMD 10 L 64 f 10 p Tract 15982-1 Lot A 2 1 9 11 �2\`G Lot B \ 3 7 ` Lot C / \ x 6 Lot E* v 4 5 L Tract 15982 Lot D* * Drainage structures, with cobble, to be maintained by Street and Storm Drain crews •... Lr4i) Area NORTH II 1"=400' CITY OF ITEM: Tract 15982 RANCHO CUCAMONGA TITLE: Maintenance District Annexation ENGINEERING DIVISION EXHIBIT: B_3 Resolution No. 06-268 Page 11 of 12 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 10 (RANCHO ETIWANDA): The rate per assessment unit (A.U.) is $597.09 for the fiscal year 2006/07. 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 717 1.00 717 $597.09 $428,113.53 Family TOTAL $428,113.53 The Proposed Annual Assessment against the Property (Tract 15982) is: 34 Parcels x 1 A.U. Factor x $597.09 Rate Per A.U. _ $20,301.06 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 22,901 1.00 22,901 $17.77 $406,950.77 Family Multi-Family Unit 10,449 1.00 10,449 $17.77 $185,678.73 Commercial Acre 2,834.56 2.00 5,669.12 $17.77 $100,740.26 TOTAL $693,369.76 The Proposed Annual Assessment against the Property (Tract 15982) is: 34 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $604.18 Annual Assessment Resolution No. 06-268 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 2006/07. 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 2502 1.00 2502 $33.32 $83,366.64 Family Comm/Ind Acre 5 2.00 10 $33.32 $333.20 TOTAL $83,699.84 The Proposed Annual Assessment against the Property (Tract 15982) is: 34 Parcels x 1 A.U. Factor x $33.32 Rate Per A.U. _ $1,132.88 Annual Assessment