HomeMy WebLinkAbout12-059 - Resolutions RESOLUTION NO. 12-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) FOR
TRACT 18096
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. 9 (Lower Etiwanda) (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 XIII 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 XIII 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
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.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 12-059 - Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 18'" day of April 2012.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. Dennis Michael, Ma r
ATTEST:
G 6°
ce C. Reynolds, City CI rk
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 18'" day of April 2012.
Executed this 19`" day of April 2012, at Rancho Cucamonga, California.
ice C. Reynolds, City CIIKrk
Resolution No. 12-059 - Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
Rancho Victoria Meadows, LLC, a California Limited Liability Company
The legal description of the Property is:
All those portions of Lots 8 and 9, Block Y, according to the preliminary map of Etiwanda Colony
Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as
recorded in Book 2 of Maps, Page 24, records of said County, and that portion of the southeast
one-quarter of fractional Section 4, Township 1 South, Range 6 West, San Bernardino Base and
Meridian, according to the United States Government township plat, approved by the Surveyor
General, November 13, 1885, and as set out in that Certificate of Compliance recorded
July 24, 1990 as Instrument No. 90-289507 Official Records, described as follows:
Beginning at the northwest corner of said Lot 8; thence easterly along the north line of said Lot 8
and the easterly prolongation of said north line to the westerly line of East Avenue (having a half
width of 44.00 feet); thence southerly along said westerly line of East Avenue to a point on a line
175.00 feet, measured at right angles, northwesterly of and parallel with the center line of an
easement to Southern California Edison Company per a document recorded
December 17, 1937 in Book 1249 Page 142 Official Records; thence southwesterly along said
parallel line to the westerly line of Lot 9; thence northerly along the westerly line of said Lots 8
and 9 to the point of beginning, as per that Certificate of Compliance for Lot Line Adjustment
No. 331, recorded July 24, 1990 as Instrument No. 90-289507 Official Records, shown as
Parcel "A" in said instrument.
Assessor's Parcels Numbers of the Property: 1100-191-05
Resolution No. 12-059 - Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2011-12
Landscape Maintenance District No. 9 (Lower Etiwanda):
Landscape Maintenance District No. 9 (Lower Etiwanda) (the "Maintenance District') represents
landscape sites throughout the Lower Etiwanda Area.
The various sites maintained by the district consist of parkways, median islands and street
trees.
Proposed Additions to the Improvements for Project Tract 18096:
38 street trees on interior Local Residential Streets
38,200 square feet added to LMD 9 on East Avenue, Via Veneto Drive and Dolcetto Place
Resolution No. 12-059 - Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2011-12
Landscape Maintenance District No. 9 (Lower Etiwanda):
The rate per Equivalent Dwelling Unit (EDU) is $187.00 for the fiscal year 2011/2012. The
following table summarizes the assessment rate for Landscape Maintenance District No. 9
(Lower Etiwanda) for Tract 18096:
EDU Rate per
Land Use Basis Factor* EDU*
Single Family Unit 1.00 $187.00
Multi-Family Unit 1.00 187.00
Commercial/ Industrial Acre 2.00 187.00
Vacant Acre 0.25 187.00
*EDU means Equivalent Dwelling Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
32 Parcels x 1 EDU Factor x 187.00 Rate Per EDU = $5,984.00 Annual Assessment
*Commencing with Fiscal Year 2001/02, the amount of the assessment for the District is
proposed to increase each year, based upon the Consumer Price Index (CPI), All Urban
Consumers, for the Los Angeles-Anaheim-San Bernardino Area, as determined by the United
State Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer shall
compute the percentage difference between the CP for March of each year and the CPI for the
previous March, and shall then adjust the assessment by an amount not to exceed such
percentage for the following year.
Resolution No. 12-059 - Page 6 of 6