HomeMy WebLinkAbout07-005 - Resolutions RESOLUTION NO. 07-005
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 "1972 Act"), said special maintenance district known and designated as
Landscape Maintenance District 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 1972 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 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. 07-005
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 1972 Act
and/or Article XIIID applicable to the authorization to levy the proposed annual assessment
against the Territory set forth in Exhibit A 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 B 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 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. 07-005
Page 3 of 10
PASSED, APPROVED, AND ADOPTED this 17th day of January 2007.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Ponalc J. Ku dy1.D., Mayor
ATTEST:
ebra J. Ac6m , CIVIC, 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 17'h day of January 2007.
Executed this 18`h day of January 2007, at Rancho Cucamonga, California.
z4t-40 RF
Debra J. Ad CHIC, City Clerk
Resolution No. 07-005
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property are:
LGC Homecoming at Terra Vista, LLC, a Delaware Limited Liability Company
The legal description of the Property is:
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA CERTIFICATE OF COMPLIANCE NO. 622 FOR LOT LINE ADJUSTMENT
PARCEL "A":
BEING 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 37017'30" 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 13003'44", AN ARC LENGTH OF 234.82 FEET, THENCE, LEAVING SAID CENTERLINE
AND RADIAL TO SAID CURVE, NORTH 39038'46" 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 52032'56" WEST 254.22 FEET; THENCE NORTH 37027'04" EAST 11.34 FEET;
THENCE NORTH 52032'56" 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 89029'26", AN ARC LENGTH OF 702.86 FEET TO A
POINT ON THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE, ALONG SAID
NORTHEASTERLY LINE AND NORTHWESTERLY LINE OF SAID LOT 4 THE FOLLOWING
COURSE;
NORTH 52032'56" WEST 216.17 FEET;
SOUTH 58047'02" WEST 264.91 FEET;
SOUTH 69050'26" WEST 168.87 FEET;
SOUTH 20°24'31" WEST 477.05 FEET; THENCE SOUTH 11°56'39" EAST 45.48 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID LOT "A",
THENCE, ALONG SAID NORTHERLY LINE, SOUTH 78003'21" WEST 45.00 FEET TO THE
MOST NORTHERLY CORNER OF LOT 2 OF TRACT MAP NO. 16512, PER MAP FILED IN
BOOK 300, PAGES 47 THROUGH 50, INCLUSIVE OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY;
Resolution No. 07-005
Page 5 of 10
THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LOT 2, SOUTH 56°56'39" EAST
62.77 FEET; THENCE SOUTH 62°33'32" EAST 442.52 FEET TO A POINT ON THE
EASTERLY LINE OF SAID TRACT MAP NO. 16512;
THENCE, ALONG SAID EASTERLY LINE, SOUTH 11056'39" EAST 591.61 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHURCH STREET;
THENCE, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 78003'21" EAST 282.53
FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 24.00 FEET, TO SAID POINT A RADIAL LINE BEARS SOUTH
53°21'14" EAST; THENCE, NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 52001'33", AN ARC LENGTH OF 21.79 FEET;
THENCE NORTH 74037'13" EAST 66.00 FEET; THENCE SOUTH 15°22'47" EAST 6.84 FEET
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING
A RADIUS OF 24.00 FEET; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH
A CENTRAL ANGLE OF 45009'17", AN ARC LENGTH OF 18.91 FEET;
THENCE NORTH 78003'21" EAST 77.85 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 980.00 FEET; THENCE
NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27042'07",
AN ARC LENGTH OF 473.82 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL "A" CONTAINS 20.686 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. 07-005
Page 6 of 10
EXHIBIT"A" -
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 4
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 4 .
1
�RC20U5-00228 a�° ;' 1
(PIIASETZTR16157f
BO UNITS
rte171.
\ r r r Q
le
j��
10
11 II)RC2005-00225
III(PHASEII - TRI6157) / Cq\> .
/ pi
I � �
i �; x �841'90•��o-�j3�
1 X10 ITEMS ADDEDTO WORK PROGRAM
D<
T
Z
C
m
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA DRC2005--00228
A-3
Resolution No. 07-005
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2006/2007
LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY):
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. 07-005
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 16,000L 22,0001- 27,500L
SLD # 1
SLD # 2
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LIVID # 1
*Existing items installed with original project
Assessment Units by District
Parcel(s) DU or Acres S1 S4 L 4
80 DU 80 40 80
Resolution No. 07-005
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 # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 2653 1.0 2653 $252.50 $669,882.50
Family
Multi-Family Unit 3448 1.0 3448 $222.00 $765,456.00
Senior Unit 216 1.0 216 $148.36 $32,045.76
Housing
Commercial Acre 229 1.0 229 $382.99 $87,704.71
TOTAL $1,555,0.88.97
The Proposed Annual Assessment against the Property (DRC2005-00228) is:
80 DU x 1 A.U. Factor x $222.00 Rate Per A.U. _ $17,760.00 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 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 2,835 2.00 5,670 $17.77 $100,755.90
TOTAL $693,385.40
The Proposed Annual Assessment against the Property (DRC2005-00228) is:
80 DU x 1 A.U. Factor x $17.77 Rate Per A.U. _ $1,421.60 Annual Assessment
Resolution No. 07-005
Page 10 of 10
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY):
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 Assessmen # of Rate Per
Physical Physical t Assessmen Assessmen
Land Use Unit Type Units Units t t Revenue
Single Parcel 2653 1.00 2653 $28.96 $76,830.88
Family
Multi- Unit 6043 0.5 3021.50 $28.96 $87,502.64
Family
Commercial Acre 229 2.00 458 $28.96 $13,263.68
TOTAL $177,597.20
The Proposed Annual Assessment against the Property (DRC2005-00228) is:
80 DU x 0.5 A.U. Factor x $28.96 Rate Per A.U. _ $1,158.40 Annual Assessment