HomeMy WebLinkAbout13-181 - Resolutions RESOLUTION NO. 13-181
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
DRC2013-00427
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 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
Resolution No. 13-181 - Page 1 of 6
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 Territorydo not exceed the reasonable cost of the proportional
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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. 13-181 - Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 61^ day of November 2013.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
LC-Oeiinis Michael, Mayo
ATTEST:
� �
ice C. Reynolds, 8ity Clerk
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 6th day of November 2013.
Executed this 7th day of November 2013, at Rancho Cucamonga, California.
J ice C. Reynolds, Cio Clerk
Resolution No. 13-181 - Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
BRADLEY SHERIFF AND PAMELA SHERIFF
The legal description of the Property is:
LOT 1 OF TRACT 9380, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 137, PAGES 84 AND 85 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
Assessor's Parcels Numbers of the Property: 1062-21-06-0000
Resolution No. 13-181 - Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2013-2014
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, Heritage Community Park, Hermosa
Park, Red Hill Community Park, Lions Park, Napa Park, Don Tiburcio Tapia Park and the Rancho
Cucamonga Adult Sports Complex).
Proposed additions to the Improvements for Project DRC2013-00427:
Street trees total 6
Vineyard Ave (2)
Manzanita Ave (4)
Resolution No. 13-181 - Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2013-2014
The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General
City) for DRC2013-00427:
EDU Rate per
Land Use Basis Factor* EDU*
Single Family Parcel 1.00 $92.21
Multi-Family Unit 0.50 92.21
Non-Residential Improved Acre 2.00 92.21
Vacant Acre 0.25 92.21
*EDU means Equivalent Dwelling Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcels x 1 EDU Factor x $92.21 Rate Per EDU = $92.21 Annual Assessment
Resolution No. 13-181 - Page 6 of 6