HomeMy WebLinkAbout15-194 - Resolutions RESOLUTION NO. 15-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B(COMMERCIAL INDUSTRIAL
MAINTENANCE DISTRICT) FOR DRC2014-00566
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. 3B (Commercial Industrial Maintenance District) (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. 15-194 — 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. 15-194— Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 41h day of November 2015.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. Dennis Michael, Mayor
ATTEST:
ce C. Reynolds, Ciq 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 4'h day of November 2015.
Executed this 5th day of November 2015, at Rancho Cucamonga, California.
J ice C. Reynolds, Cit' Clerk
Resolution No. 15-194 — Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
TREF RANCHO, LLC
The legal description of the Property is:
Parcel 1 of Parcel Map 5239
Assessor's Parcels Numbers of the Property:
APN 210-371-02
Resolution No. 15-194— Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2015/2016
Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District):
Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the
"Maintenance District") represents landscape sites throughout the Commercial/Industrial
Maintenance District.
The various landscape sites that are maintained by this district consist of median islands,
parkways, street trees and entry monuments.
Proposed additions to the Improvements for Project DRC2014-00566:
STREET TREES 5 EACH
Resolution No. 15-194 — Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2015/2016
Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District):
The following table summarizes the assessment rate for Landscape Maintenance District No. 3B
(Commercial Industrial Maintenance District) for DRC2014-00566:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Unit 1.00 $352.80
Multi- Family Unit 1.00 352.80
Commercial/ Industrial Acre 1.00 352.80
Vacant Acre 0.25 352.80
*EBU means Equivalent Benefit Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
5.72 Acres x 1 EBU Factor x $352.80 Rate per EBU = $2,018.02 Annual Assessment
Resolution No. 15-194 — Page 6 of 6