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HomeMy WebLinkAbout09-187 - Resolutions RESOLUTION NO. 09-187 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 TRACT 18710 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, 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 "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation 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 the 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 of 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 RESOLVES AS FOLLOWS: SECTION 1: That 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 Improvement. 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. 09-187 — Page 2 of 11 PASSED, APPROVED, AND ADOPTED this 7`h day of October 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo NOES: None ABSENT: Williams ABSTAINED: None — Donald J. Kurth, M.D., Mayor ATTEST: 7 /111nice C. Reynolds, City gerk I, JANICE C. REYNOLDS, 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 7 1 day of October 2009. Executed this 8'h day of October 2009, at Rancho Cucamonga, California. anice C. Reynolds, Ci Clerk Resolution No. 09-187– Page 3 of 11 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Homecoming I at Terra Vista, LLC The legal description of the Property is: SEE ATTACHED EXHIBIT The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A- 1 Resolution No. 09-187— Page 4 of 11 Order No.: 930014744-U50 LEGAL DESCRIPTION DIVISION L 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 370 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 390 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 1134 FEET; THENCE NORTH 52° J2' 56" WEST 484.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET; T14ENCE 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 AND NORTHWESTERLY LINE OF SAID LOT 4 THE FOLLOWING COURSE; NORTH 52° 32' 56" WEST 216.17 FEET; SOUTH 58° 47' 02" WEST 264.91 FEET; SOUTH 69° 50' 26" WEST 168.87 FEET. SOUTH 200 24' 3 1" WEST 477.05 FEET; THENCE SOUTH 110 56' 39" EAST 45.48 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT "A'; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 78° 03' 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; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LOT 2, SOUTH 56° 56' 39" EAST 62.77 FEET; THENCE SOUTH 620 33' 32" EAST 44252 FEET TO A POINT ON THE EASTERLY LINE OF SAID TRACT MAP NO. 16512; THENCE, ALONG SAID EASTERLY LINE, SOUTH 11° 56' 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 78° 03' 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 520 01' 33", AN ARC LENGTH OF 21.79 FEET; THENCE NORTH 74° 37' 13" EAST 66.00 FEET; Resolution No. 09-187 —Page 5 of 11 CLTA Preliminary Report Farm-Modified(11-17-06) l Order No.: 930014744-U50 LEGAL DESCRIPTION (continued) THENCE SOUTH 150 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 45° 09' 17", AN ARC LENGTH OF 18.91 FEET; THENCE NORTH 78' 03'31" 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 270 42'.07", AN ARC LENGTH OF 473.82 FEET TO THE TRUE POINT OF BEGINNING. NOTE: SAID LAND IS ALSO SHOWN AS PARCEL "A" TO THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 622 FOR LOT LINE ADJUSTMENT RECORDED APRIL 12, 2006 AS INSTRUMENT NO. 2006-249503 OFFICIAL RECORDS. EXCEPT THEREFROM ALL OIL, GAS, MINERALS, HYDROCARBON AND KINDRED SUBSTANbES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS GRANTED TO WESTERN SUPPLY CORP. BY DEED RECORDED SEPTEMBER 17, 1979 IN BOOK 9772, PAGE 1262 OF SAID OFFICIAL RECORDS. (APN: 0227-532-10 END OF LEGAL DESCRIPTION Resolution No. 09-187 —Page 6 of 11 CLIA preliminary Report Form-Modified(11-U-06) EXHIBIT "A" -2 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 4 Il n BASELINE AVENUE U z W SITE . Y J U W i 22�' J- ! / `f 0 r'rlrl 0 FOOTM J BOULEVARD STRE�`T TREES / E�: Resolution No. 09-187 — Page 7 of 11 CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA rj?18710 Exhibit B To Description of the District Improvements Fiscal Year 2009 / 2010 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. Proposed additions to Work Program (Fiscal Year 2009 / 2010) For Project: Tract Map 18710 Number of Lamps Street Lights 5800L 9500L 16,000L 22,0001- 27,500L SLD # 1 --- 5' --- --- --- SLD #4 --- --- -- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD #4 --- --- --- 18 "Existing items installed with original project Assessment Units by District Parcel DU S1 S4 1-4 1 241 482 482 241 2 80 160 160 80 B - 1 Resolution No. 09-187— Page 8 of 11 Exhibit C Proposed Annual Assessment Fiscal Year 2009 / 2010 LANDSCAPE MAINTENANCE DISTRICT NO. 4 (Terra Vista Planned Community): The rate per assessment unit (A.U.) will not be increased in fiscal year 2009/2010. 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 Family Parcel 2653 1.0 2653 $252.50 $669,882.50 Multi-Family Unit 3492 1.0 3492 $222.00 $775,224.00 Senior Housing Unit 216 1.0 216 $148.36 $32,045.76 Commercial Acre 229 1.0 229 $382.99 $87,704.71 TOTAL $1,564,856.97 The Proposed Annual Assessment against the Property (TR18710) is: Parcel 1 241 Units x 1 A.U. Factor x $222.00 Rate Per A.U. _ $53,502.00 Annual Assessment Parcel 2 80 Units (existing) 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 2009/2010. 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 23,640 1.00 23,640 $17.77 $420,082.80 Family Multi-Family Unit 11,154 1.00 11,154 $17.77 $198,206.58 Commercial Acre 2985.85 2.00 5971.70 $17.77 $106,117.10 TOTAL $724,406.48 C 1 Resolution No. 09-187 —Page 9 of 11 The Proposed Annual Assessment against the Property (TR18710) is: Parcel 1 241 Units x 1 A.U. Factor x $17.77 Rate Per A.U. =$4,282.57 Annual Assessment Parcel 2 80 Units (existing) x 1 A.U. Factor x $17.77 Rate Per A.U. _ $1,421.60 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 4(Terra vista Planned Community): The rate per assessment unit (A.U.) is $28.96 for the fiscal year 2009/2010. 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 Single Parcel 2653 1.00 2653 $28.96 $76,830.88 Family Multi- Unit 6087 0.5 3043.5 $28.96 $88,139.76 Family Commercial Acre 229 2.00 458 $28.96 $13,263.68 TOTAL $178,234.32 The Proposed Annual Assessment against the Property (TR18710) is: Parcel 1 241 Units x 0.5 A.U. Factor x $28.96 Rate Per A.U. _ $3,489.68 Annual Assessment Parcel 2 80 Units (existing) x 0.5 A.U. Factor x $17.77 Rate Per A.U. _ $1,158.40 Annual Assessment C - 2 Resolution No. 09-187 —Page 10 of 11 CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR TRACT 18710 LANDSCAPE MAINTENANCE DISTRICT NO. 4 STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA MARK A. STEUER, the undersigned, hereby certifies as follows: That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 7'h day of October, 2009, 1 reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file in the Office of the City Clerk. That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District. That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of California. EXECUTED this 7`h day of October 2009, at Rancho Cucamonga, California. ,M1 euer, Director of Engineering Services/City Engineer CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Resolution No. 09-187 — Page 11 of 11