HomeMy WebLinkAbout2020-086 - Resolution RESOLUTION NO. 2020-086
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
CASE NO. SUBTT19917
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
XI I I 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. 2020-086— 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. 2020-086 — Page 2 of 6
PASSED, APPROVED and ADOPTED this 5t" day of August, 2020.
L. D n n i s IC/lichael, M or
ATTEST:
C. Reynolds, City ClerkZ
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 5t" day of
August 2020.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 6t" day of August, 2020, at Rancho Cucamonga, California.
J 'nibe C Reynolds, City C erk
Resolution No. 2020-086 — Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
Emaar Enterprise
Shareef Awad, CEO
998 S. Teakwood Ave
Bloomington CA 92316
909-519-1355
The legal description of the Property is:
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, LYING WITHIN THE SOUTHWEST ONE-
QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 1 NORTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, AS CONVEYED TO THE STATE OF
CALIFORNIA, PURSUANT TO A GRANT DEED RECORDED OCTOBER 12, 1995, AS
DOCUMENT NO. 19950352692 OF OFFICIAL RECORDS, IN THE OFFICE OF THE SAN
BERNARDINO COUNTY RECORDER.
EXCEPTING THEREFROM, THAT PORTION LYING SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 27, DISTANT NORTH
0000"28" WEST 60.02 FEET FROM THE NORTHWEST CORNER OF THAT CERTAIN
PARCEL CONVEYED TO THE STATE OF CALIFORNIA, PURSUANT TO A GRANT DEED
RECORDED SEPTEMBER 24, 1974 IN BOOK 8522, PAGE 54 ET SEQ. OF SAID OFFICIAL
RECORDS; THENCE NORTH 88044'28" EAST 331.15 FEET, TO A POINT ON THE EAST
LINE OF THE WEST ONE-HALF OF SAID SOUTHWEST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER, DISTANT NORTH 0000'44" WST 60.14 FEET FROM THE
NORTHEAST CORNER OF SAID PARCEL.
Assessor's Parcels Numbers of the Property: 0226-102-30
Resolution No. 2020-086— Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2019/20
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 SUBTT19917:
Landscape Cobblestone/Boulders
15 Gallon Street Trees (34)
Resolution No. 2020-086— Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2019/20
Landscape Maintenance District No. 7 (North Etiwanda):
The rate per Equivalent Benefit Unit (EBU) is $307.05 for the fiscal year 2019/20. The following
table summarizes the assessment rate for Landscape Maintenance District No. 7 (North
Etiwanda) for SUBTT19917:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Residential Parcel 1.00 $307.05
The proposed annual assessment for the property described in Exhibit A is as follows:
10 Parcels x 1 EBU Factor x $307.05 Rate per EBU = $3,070.50 Annual Assessment
Resolution No. 2020-086 — Page 6 of 6