HomeMy WebLinkAbout14-019 - Resolutions RESOLUTION NO. 14-019
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 (NORTH ETIWANDA) FOR
TRACT MAP 18741
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. 7 (North 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
Resolution No. 14-019 — Page 1 of 6
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. 14-019 — Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 51' day of February 2014.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ennis Michael, Mayo
ATTEST:
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Vqo(Janice C. Reynolds, City 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 511 day of February 2014.
Executed this 6"' day of February 2014, at Rancho Cucamonga, California.
10 C. Reynolas, City Clerk
Resolution No. 14-019 — Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
CENTEX HOMES OF CALIFORNIA, LLC A DELAWARE LIMITED LIABILITY COMPANY
The legal description of the Property is:
PARCEL A: (APN: 0226-081-06-0-000)
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 22,
TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT OF SAID LAND IN THE DISTRICT LAND OFFICE JUNE 20,1874.
PARCEL B: (APN: 0226-081-05-0-000)
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 22, TOWNSHIP
1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND IN THE DISTRICT LAND OFFICE JUNE 20,1874.
Assessor's Parcels Numbers of the Property:
APN 226-081-05
226-081-06
Resolution No. 14-019— Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2013/2014
Landscape Maintenance District No. 7 (North Etiwanda):
Landscape Maintenance District No. 7 (North Etiwanda) (the "Maintenance District') represents
landscape sites throughout the Etiwanda North Area.
The various sites maintained by the district consist of parkways, median islands, paseos, street
trees, community trails and Etiwanda Creek Park.
Proposed Additions to the Improvements for Project TRACT 18741:
HARDSCAPE AREA (COBBLE) 26,425 SF
TREES 23 EACH
DECOMPOSED GRANITE 83 CY
PVC 2- RAIL FENCE 570 LF
PORTAL ENTRY 2 EACH
Resolution No. 14-019— Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2013/2014
Landscape Maintenance District No. 7 (North Etiwanda):
The following table summarizes the assessment rate for Landscape Maintenance District No. 7
(North Etiwanda)for Tract Map 18741:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Parcel 1.00 $307.05
Multi-Family Parcel 1.00 307.05
Commercial/ Industrial Acre 2.00 307.05
Vacant Acre 0.25 307.05
*EBU means Equivalent Benefit Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
53 Parcels x 1 EBU Factor x $307.05 Rate Per EBU = $16,273.65 Annual Assessment
Resolution No. 14-019 — Page 6 of 6