HomeMy WebLinkAbout16-128 - Resolutions RESOLUTION NO. 16-128
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 MAP 18936
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
Resolution No. 16-128 — 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. 16-128 — Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 3rd day of August 2016.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
•
' /
L. n s Michael, M_ or
ATTEST:
•
dirt! �f ,2eo/ -
J ce C. Reynolds, Cit 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 3rd day of August 2016.
Executed this 4th day of August 2016, at Rancho Cucamonga, California.
411 .
(e C.
11
ice C. Reynoldld
s, Cit Clerk
Resolution No. 16-128 — Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
STORM WESTERN DEVELOPMENT INC., A CALIFORNIA CORPORATION
The legal description of the Property is:
PARCEL 1
THE NORTH ONE-HALF OF LOT 12, BLOCK H, ETIWANDA COLONY LANDS, IN THE CITY
OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
SHOWN BY MAP ON FILE IN BOOK 2, PAGE 24 OF MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY
PARCEL 2
THE SOUTH 1/2 OF LOT 12, BLOCK H ACCORDING TO MAP OF ETIWANDA COLONY
LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 2 OF MAPS, PAGE 24, RECORDS
OF SAID COUNTY.
EXCEPT THEREFROM THE WESTERLY 200 FEET.
ALSO EXCEPT THEREFROM THE EAST 102.50 FEET OF THE WEST 302.50 FEET OF THE
SOUTH 97 FEET OF SAID LOT 12.
SAID LAND IS ALSO BEING MORE PARTICULARLY DESCRIBED AS PARCEL "B" OF
CERTIFICATE OF COMPLIANCE NO. 608 FOR LOT LINE ADJUSTMENT RECORDED
OCTOBER 24, 2005 AS INSTRUMENT NO. 2005-0794286, OF OFFICIAL RECORDS.
Assessor's Parcels Numbers of the Property:
Parcel 1 APN: 227-061-03
Parcel 2 APN: 227-061-82
Resolution No. 16-128 — Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2016/2017
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 Map 18936:
STREET TREES 11 EACH
COBBLESTONES 982 SF
PLANTING AREA 1800 SF
Resolution No. 16-128 — Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2016/2017
Landscape Maintenance District No. 9 (Lower Etiwanda):
The rate per Equivalent Dwelling Unit (EDU) is $80.00 for the fiscal year 2016/17. The following
table summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower
Etiwanda) for Tract Map 18936:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Unit 1.00 $80.00
Multi-Family Unit 1.00 80.00
Commercial/ Industrial Acre 2.00 80.00
Vacant Acre 0.25 80.00
`EBU means Equivalent Benefit Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
16 Parcels x 1 EBU Factor x $80.00 Rate per EBU = $ 1,280.00 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. 16-128 — Page 6 of 6