HomeMy WebLinkAbout17-108 - Resolutions - LANDSCAPE MAINTENANCE DISTRICT NO. 3B RESOLUTION NO. 17-108
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
PROJECT CASE NO. DRC2016-00695
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
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:
Resolution No. 17-108— Page 1 of 6
(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. 17-108 — Page 2 of 6
PASSED APPROVED AND ADOPTED this 6th day of December 2017.
L. ennis Michae ayor
ATTEST:
r,
p e C e nolds, Cle
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the
City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 6th day of December 2017.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 7th day of December 2017 at Rancho Cucamonga, California.
2/1111 1
Li . Troyan, City Clerk Services Director
Resolution No. 17-108— 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 Cucamonga Properties, LLC
The legal description of the Property is:
Parcel A: Parcel 5 of Amended Parcel Map No. 4511, in the City of Rancho Cucamonga, County of Sab
Bernardino, State of California, as per plat filed in book 59, Pages 15 and 16 of Parcel Maps, in the office
of the County Recorder of said County.
Parcel B: Parcel 6 of Amended Parcel Map No. 4511, in the City of Rancho Cucamonga, County of Sab
Bernardino, State of California, as per plat filed in book 59, Pages 15 and 16 of Parcel Maps, in the office
of the County Recorder of said County.
Assessor's Parcels Numbers of the Property:
0209-032-28-0-000
0209-032-29-0-000
Resolution No. 17-108 — Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2017/2018
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 Case Number DRC2016-00695:
10 street trees
Resolution No. 17-108 — Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2017/2018
Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District):
The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2017/18. The following table
summarizes the assessment rate for Landscape Maintenance District No. 313 (Commercial Industrial
Maintenance District) for Project Case Number DRC2016-00695:
EBU Rate per
Land Use Basis Factor* EBU*
Non-Residential Acre 1.00 $282.24
The proposed annual assessment for the property described in Exhibit A is as follows:
7.51 Acres x 1.00 EBU Factor x$282.24 Rate per EBU = $2,119.62 Annual Assessment
Resolution No. 17-108— Page 6 of 6