HomeMy WebLinkAbout00-262 - Resolutions RESOLUTION NO. 00-262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14382
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. 7, 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"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
Resolution No. 00-262
Page 2 of 10
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 signatures and formal adoption
Resolution No. 00-262
Page 3 of 10
PASSED, APPROVED,AND ADOPTED this 20`h day of December 2000.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Alex der, ayor
ATTEST:
DebFa J. Adams C, 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 20`h day of December 2000.
Executed this 21" day of December, at Rancho Cucamonga, California.
'(L&& )l /�
ra J. Adams C, City Clerk
Resolution No. 00-262
Page 4 of 10
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
GENERAL ELECTRIC CAPITAL CORPORATION, A NEW YOUR CORPORATION
The legal description of the Property is:
LOTS I TO 38, INCLUSIVE OF TENTATIVE TRACT NO. 14382, BEING A SUBDIVISION OF THE
FOLLOWING DESCRIBED PROPERTY:
THE SOUTHEAST 1/4 OF SECTION 20 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 20,TOWNSHIP 1 NORTH,RANGE 6 WEST,SAN BERNARDINO BASE AND MERIDIAN,
IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE
SURVEYOR GENERAL DATED NOVEMBER 13, 1885.
EXCEPT THEREFROM THE WESTERLY 150 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 20.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SOUTHERN SURPLUS
REALTY CO., BY DEED RECORDED OCTOBER 4, 1973, IN BOOK 8281, PAGE 144, OFFICIAL
RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION CONDEMNED TO THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT BY FINAL ORDER OF CONDEMNATION RECORDED
OCTOBER 4, 1979, IN BOOK 9785,PAGE 1107,OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ALL THAT PORTION LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF
SECTION 20;THENCE ALONG THE SOUTHERLY LINE OF SAID NORTH 1/2 OF THE SOUTHEAST
1/4 OF SECTION 20, NORTH 89 DEG. 25' 31" WEST, 104.06 FEET TO A POINT OF CUSP ON A
CURVE CONCAVE WESTERLY,HAVING A RADIUS OF 1006.00 FEET,A RADIAL LINE THROUGH
SAID POINT BEARS SOUTH 70 DEG. 05' 48" EAST; THENCE TRAVERSING THE INTERIOR OF
SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 20,THE FOLLOWING NINE(9)COURSES:
(1) NORTHERLY 19.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 DEG.
06157"TO A NON-TANGENT LINE TO WHICH A RADIAL LINE BEARS SOUTH 71 DEG. 12'
45" EAST;
(2) NORTH 89 DEG.40'00" WEST, 130.49 FEET;
(3) NORTH 87 DEG. 37'00" WEST, 331.63 FEET;
(4) NORTH 89 DEG. 00'00" WEST, 280.00 FEET;
(5) SOUTH 87 DEG. 30'00" WEST, 102.14 FEET;
(6) SOUTH 89 DEG. 18'00" WEST, 185.04 FEET;
Resolution No. 00-262
Page 5 of 10
Exhibit "A" (continued)
(7) SOUTH 87 DEG. 00'00" WEST, 91.66 FEET;
(8) SOUTH 89 DEG. 30'00" WEST, 84.32 FEET;
(9) SOUTH 07 DEG. 30'00" EAST, 13.79 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89 DEG. 25' 3 1" WEST, 49.78 FEET: THENCE
TRAVERSING THE INTERIOR OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 20,THE
FOLLOWING THREE (3)COURSES:
(1) NORTH 22 DEG. 00'00" EAST, 16.08 FEET;
(2) SOUTH 89 DEG. 52'00" WEST, 302.06 FEET;
(3) SOUTH 00 DEG. 34'3011 WEST, 11.23 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE,NORTH 89 DEG. 25'3 1" WEST, 60.00 FEET;THENCE
TRAVERSING THE INTERIOR OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 20,THE
FOLLOWING FOUR(4) COURSES:
(1) NORTH 00 DEG. 34'30" EAST, 11.61 FEET;
(2) SOUTH 88 DEG. 10'00" WEST, 95.90 FEET;
(3) NORTH 89 DEG. 41'00" WEST, 560.56 FEET;
(4) SOUTH 44 DEG. 44'04" WEST, 7.05 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 DEG. 25' 3 1" WEST, 62.73 FEET TO THE
SOUTHEASTERLY LINE OF THE PROPERTY CONVEYED TO SURPLUS REALTY CO., A
CALIFORNIA CORPORATION, BY DEED RECORDED APRIL 17, 1973, IN BOOK 8163, PAGE 17,
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM TRACT NO. 14379, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK
246, OF MAPS,PAGE(S)57 TO 61, INCLUSIVE, RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM TRACT NO. 14380, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK
246, OF MAPS, PAGE(S) 62 TO 67, INCLUSIVE,RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM TRACT NO. 14381, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK
276, OF MAPS,PAGE(S) 17 TO 21, INCLUSIVE,RECORDS OF SAID COUNTY.
The above described parcels are shown on sheet A-3 attached herewith and by this reference
made a part hereof.
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MEMM.I �/ "02 14382 WILSON AVENUE MEDIAN
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EXISTING LMD AREAS: Wilson Ave. frontage and median; Etiwanda Ave. frontage; Community Trail; Lettered lots in Tracts 14380 and 14381
PROPOSED LMD AREAS: Wilson Avenue median from Cervantes Place to west boundary of future Tract 13527
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CITY OF ITEM: Tract 14382 °
RANCHO CUCAMONGA TITLE: Assessment Diagram o ry
ENGINEERING DIVISION A-3 LMD 7 SLD 1 and SLD 7
Resolution No. 00-262
Page 7 of 10
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
Landscape Maintenance District No.7(LMD#7)represents landscape sites throughout the Etiwanda
North 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 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, paseos, street
trees, Community Trails and Etiwanda Creek Park.
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
Landscape Maintenance District No.7(LMD#7)represents landscape sites throughout the Etiwanda
North 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 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,paseos,street trees,
Community Trails and Etiwanda Creek Park.
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
Street Light Maintenance District No. 7(SLD 97)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 street within the North Etiwanda area.
Resolution No. 00-262
Page 8 of 10
Exhibit "B" (continued)
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: Tract 14382
Number of Lamps
Street Lights 5800L 9500L 16,0001, 22 000L 27,500L
SLD # 1 --- 9
SLD # 7 14 ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # 7 9,600 36
*Existing items installed with original project
Assessment Units by District
Parcel DU or Acres SLD 1 SLD 7 LMD 7
38 DU 38 38 38
Resolution No. 00-262
Page 9 of 10
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda):
# of Assessment #of Rate Per
Physical Units Assessment Assessment
land Ilse Tyne Units Factor units unit Revenue
Single Parcel 1314 1.00 1314 $307.05 $403,464.00
Familv
Comm/Ind. Acre 5 2.00 10 $307.05 $ 3,071.00
Total $406,535.00
The Proposed Annual Assessment against the Property(TR 14382) is:
38 Parcels x 1 A.U. Factor x $307.05 Rate Per A.U. _ $11,667.90 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
InndIJe 1JQ nit Tyne Units IJnits Factor Units IJnit Revenue
Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Family
Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00
Family
Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00
Total $483,560.00
The Proposed Annual Assessment against the Property(TR 14382) is:
38 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $675.26 Annual Assessment
Resolution No. 00-262
Page 10 of 10
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 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda):
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
Land IJse IInit Tyne Units IJnit¢Factor Units Unit Revenue
Single Parcel 944 1.00 944 $33.32 $31,454.00
Family
Comm/Ind Acre 5 2.00 10 $33.32 $333.00
Total $31,787.00
The Proposed Annual Assessment against the Property(TR 14382) is:
38 Parcels x 1 A.U. Factor x $33.32 Rate Per A.U. _ $1,266.16 Annual Assessment