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Home My WebLink About2024-025 - Resolution RESOLUTION NO. 2024-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. SUBTTM16605 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and 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 Act related to the annexation of territory to the District, Article,Xlll D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; 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 District 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 Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; 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 Act and/or Article XI I I D 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 Resolution No. 2024-025— Page 1 of 7 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District 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 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 the Territory to the District, 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 District, including the levy of all assessments, shall be applicable to the Territory. Resolution No. 2024-025— Page 2 of 7 PASSED, APPROVED, and ADOPTED this 1st day of May, 2024. &' e_Wn- itz Z L. Dennis Michael, Mayor ATTEST: )�J;a ' e C�eynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 1 It day of May, 2024. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 2"d day of May, 2024, at Rancho Cucamonga, California. Ja ' e C. Reynolds, ity Cle Resolution No. 2024-025— Page 3 of 7 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: AG EHC II (LEN) MULTI STATE 4, LLC The legal description of the Property is: TRACT NO 2521 LOT 2 AND 1/2 ALLEYS ADJ ON W AND N (PER RESOLUTION 9-27-83 NO 225182) TRACT 2521 LOT 1 RED HILL ESTATES SUB NO 2 EX MINERAL RIGHTS CUCAMONGA FRUIT LANDS PTN E 200 FT LOT 4 N OF STATE HGWY SEC 9 TP 1 S R 7W EX ST (PER 7-23-82 NO 144155) CUCAMONGA FRUIT LANDS PTN LOT 3 SEC 9 TP 1 S R 7W DESC AS BEG AT SE COR LOT 15 RED HILL SUB TH S 30 DEG 50 MIN 30 SECONDS E 56.67 FT TH S 26 DEG 11 MIN 10 SECONDS E 302.84 FT TO PT ON ELY LI OF PROPERTY CONVEYED BY DEED 3/21/45 RECORDED BOOK 1775 PAGE 67 O R TH N 53 DEG 42 MIN W 29.15 FT TO ANGLE PT IN SD ELYLITH N28DEG 12 MIN W 183.48 FT TH S 77 DEG 29 MIN W 201.54 FT TH N0DEG 19 MIN E 184.96 FT TH S 89 DEG 49 MIN 30 SECONDS E 120.92 FT TO POB AND LOT 15 RED HILL SUB RED HILL SUB PTN LOTS 13 AND 14 BEG AT NE COR LOT 15 SD RED HILL SUB TH S 28 DEG 08 MIN 45 SECONDS E/RECORD S 28 DEG 12 MIN 00 SECONDS E/ALG E LI SD LOT 15 DIST 5.73 FT TO TRUE POB TH N 87 DEG 45 MIN 00 SECONDS E 368.36 FT TH S 37 DEG 38 MIN W 77.39 FT M/L TO ANGLE PT TH S 33 DEG 33 MIN W 70.08 FT TO S LI SD LOT 13 TH N 89 DEG 49 MIN 30 SECONDS W 226.94 FT M/L TO SE COR SD LOT 15 TH N 28 DEG 08 MIN 45 SECONDS W/RECORD N 28 DEG 12 MIN 00 SECONDS W/ALG E LI SD LOT 15 DIST OF 117.92 FT M/L TO TRUE POB EX MNL RTS .92 AC M/L CUCAMONGA FRUIT LANDS W 16 AC LOT 3 SEC 9 TP 1S R 7W EX PTN LYING W OF LI DESC AS COM S 89 DEG 49 MIN 30 SECONDS E 143.62 FT FROM NW COR SD LOT 3 TH S 30 DEG 50 MIN 30 SECONDS E 56.67 FT TH S 26 DEG 11 MIN 10 SECONDS E 302.84 FT TH S 53 DEG 42 MIN E 207.55 FT TH S 7 DEG 32 MIN E 191.47 FT EX STATE HGWY CUCAMONGA FRUIT LANDS LOT 2 N OF CO RD EX R/W AND E 4 AC LOT 3 N OF PE R/W SEC 9 TP 1S R 7W EX HWY i Resolution No. 2024-025— Page 4 of 7 Assessor's Parcels Numbers of the Property: 020-711-209-0000 020-711-210-0000 020-710-117-0000 020-710-141-0000 020-710-134-0000 020-710-131-0000 020-710-113-0000 Resolution No. 2024-025— Page 5 of 7 Exhibit B Description of the District Improvements Fiscal Year 2023/24 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1 (General City) (the "Maintenance District") represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD's within the City. Typically, new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Proposed additions to the Improvements for Project Case No. SUBTTM16605: Installation of forty-three (43) trees Resolution No. 2024-025— Page 6 of 7 Exhibit C Proposed Annual Assessment Fiscal Year 2023/24 Landscape Maintenance District No.1 (General City): The rate per Equivalent Benefit Unit(EBU) is $92.21 for the fiscal year 2023/24. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for SUBTTM16605: EBU* Rate per Land Use Basis Factor EBU* Single Family Residential Parcel 1.00 $92.21 Multi-Family Residential Unit 0.50 92.21 Non-Residential Acre 2.00 92.21 The proposed annual assessment for the property described in Exhibit A is as follows: 175 Units x 0.50 EBU Factor x $92.21 Rate per EBU = $8,068.36 Annual Assessment Resolution No. 2024-025— Page 7 of 7