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HomeMy WebLinkAbout18-025 - Resolution RESOLUTION NO. 18-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO VICTORIA NEIGHBORHOOD PARKS AND LANDSCAPE MAINTENANCE DISTRICT (LMD 2) FOR PARCEL MAP NO. 19762 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 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) (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. 18-025 — 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. 18-025 — Page 2 of 6 PASSED, APPROVED, AND ADOPTED this 2nd day of May, 2018. Lyr(ne B. Kennedy, Mayor Pro Tern ATTEST: • e. graid4 ice C. Reynolds, Clerk 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 2nd day of May 2018. AYES: Alexander, Kennedy, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None Executed this 3rd day of May, 2018, at Rancho Cucamonga, California. tempoick J 'ce C. Reynolds, Clerk Resolution No. 18-025 — Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: Western Pacific Housing, Inc., a Delaware corporation The legal description of the Property is: PARCEL 1 OF PARCEL MAP NO. 1, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 1 OF PARCEL MAPS, PAGE 1, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION AS CONDEMNED BY THE CITY OF RANCHO CUCAMONGA AS SET FORTH IN A FINAL ORDER OF CONDEMNATION RECORDED JULY 7, 1989 AS INSTRUMENT NO. 89-246320, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION AS CONDEMNED BY THE CITY OF RANCHO CUCAMONGA AS SET FORTH IN A FINAL ORDER OF CONDEMNATION RECORDED JANUARY 27, 2004 AS INSTRUMENT NO 2004-063592, OFFICIAL RECORDS. EXCEPTING THEREFROM ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED AS CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DEED RECORDED OCTOBER 6, 2017 AS INSTRUMENT NO. 2017- 0414754. ALSO EXCEPTING THEREFROM THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY AS CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DEED RECORDED OCTOBER 6, 2017 AS INSTRUMENT NO. 2017-0414754. Assessor's Parcels Numbers of the Property: 1090-331-05 Resolution No. 18-025 — Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2017/2018 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2): Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) (the "Maintenance District") represents landscape sites throughout the Victoria Planned Community. The sites maintained by the district consist of parkways, median islands, street trees, paseos, community trails and parks. Parks within LMD 2 include: Kenyon Park, Windrows Park, Ellena Park, Vintage Park, Victoria Groves Park and Victoria Arbors Park. Proposed additions to the Improvements for Project Case No. PM19762: None. Resolution No. 18-025 — Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2017/2018 Landscape Maintenance District No. 2 (Victoria Planned Community): The Maximum Assessment rate per Equivalent Benefit Unit (EBU) is $44.47 for the fiscal year 2017/18. The following table summarizes the assessment rate for Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) for Project Case No. PM19762: Maximum Total Benefit Parcel Allowable Parcel Land Use Category Points Factor Assessment Single-Family Residential 11.00 Parcel $489.17 Condominium Residential 8.10 Unit 360.21 Multi-Family Residential 7.70 Unit 342.42 Commercial/Industrial 52.00 Acre 2,312.44 Public Service Parcels-Church/Fire Station/School 3.00 Acre 133.41 Undeveloped 2.20 Acre 97.83 Common Area/Roads/Easements/Utility 0.00 Parcel 0.00 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcel x 3,259.48 Total Benefit Points x $44.47 Maximum Assessment per Benefit = $ 144,949.00 Annual Assessment *Commencing with fiscal year 2014/15, the maximum allowable assessment amount may be increased by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. Resolution No. 18-025 — Page 6 of 6