HomeMy WebLinkAbout2022-017 - Resolution RESOLUTION NO. 2022-017
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
CASE NO. DRC2014-01130
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
Resolution No. 2022-017 - Page 1 of 8
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:
(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. 2022-017 - Page 2 of 8
PASSED, APPROVED, and ADOPTED this 19m day of January 2022.
L. a nis Mi hael, Mayor
ATTEST:
-*'cynolds, City 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 19th day of
January 2022.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 20m day of January, 2022, at Rancho Cucamonga, California.
!dV
ce . Reynolds, Ci y Clerk
Resolution No. 2022-017 - Page 3 of 8
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
FOOTHILL & EAST, LLC
The legal description of the Property is:
PARCEL 1:
ALL THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTH OF LOT 9,
BLOCK "Y" OF THE ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24
OF MAPS, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, BEING ALSO
DESCRIBED AS A TRACT OF LAND INCLUDED IN BLOCK "Y" BOUNDED ON THE EAST BY THE
PROLONGATION SOUTH OF THE EAST LINE OF SAID LOT 9 AND ON THE WEST BY THE
PROLONGATION SOUTH OF THE WEST LINE OF SAID LOT 9 AND EXTENDING FROM SAID LOT 9
ON THE NORTH TO THE SOUTH BOUNDARY OF SAID BLOCK ON SOUTH, WHICH IS ALSO THE
SOUTH LINE OF SAID 1/4 SECTION.
EXCEPTING THEREFROM THE PARCEL OF LAND AS FOLLOWS:
ALL OF THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE
AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY;
THENCE NORTH 0° 11' 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF
50.00 FEET; THENCE SOUTH 89° 24' 00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID
FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 80' 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF
FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11'13" EAST PARALLEL
TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89' 24'
00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A
DISTANCE OF 111.01 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTER-LINE
OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89° 24' 00"WEST PARALLEL TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A
DISTANCE OF 160.02 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LYING WITHIN THE SOUTHWEST
ONEQUARTER OF SECTION 4, TOWNSHIP. 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS CONVEYED TO
THE CUCAMONGA VALLEY WATER DISTRICT BY DEED RECORDED JULY 7, 2005 AS
INSTRUMENT NO. 2005-0486295 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Resolution No. 2022-017 - Page 4 of 8
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 9 IN BLOCK "Y" OF THE
ETIWANDA COLONY LANDS, PER PLAT RECORDED IN BOOK 2 PAGE 24 OF MAPS, RECORDS OF
THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WITH
THE SOUTHEAST LINE OF AN EASEMENT TO THE SOUTHERN CALIFORNIA GAS COMPANY AND
THE SOUTHERN COUNTIES GAS COMPANY OF SOUTHERN CALIFORNIA, RECORDED MARCH 16,
1960 IN BOOK 5084, PAGE 134 OFFICIAL RECORDS OF SAID COUNTY;
THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 9, A DISTANCE OF 150 FEET;
THENCE SOUTHERLY PARALLEL WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE
OF LOT 9, A DISTANCE OF 75 FEET;
THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF LOT 9 TO SAID SOUTHEAST LINE OF
SAID EASEMENT;
THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LAND LYING WITHIN THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1
SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE
AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY;
THENCE NORTH 00 IT 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF
50.00 FEET; THENCE SOUTH 89° 24* 00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID
FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 80' 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF
FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11' 13" EAST PARALLEL
TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89' 24'
00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A
DISTANCE OF 111.01 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTER- LINE
OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89° 24' 00" WEST PARALLEL TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 0° IT 13"WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A DISTANCE
OF 160.02 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PORTION OF THE EAST 1/2 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT
TOWNSHIP PLAT THEREOF, LYING WEST OF THE WEST LINE OF EAST AVENUE, AS SHOWN ON
LICENSED LAND SURVEYORS MAP, IN BOOK 2, PAGE 62 RECORD OF SURVEYS, RECORDS OF
SAID COUNTY, AND LYING SOUTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT
9, BLOCK "Y", ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24 OF
MAPS, RECORDS OF SAID COUNTY.
EXCEPT THEREFROM AN UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERALS AND AN
UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND
HEREIN DESCRIBED, AND THE RIGHT TO ENTER THEREON AND TO USE IN A PROPER MANNER
SO MUCH OF THE SURFACE AS MAY BE REASONABLE FOR THE PURPOSE OF EXTRACTING
THE OIL, GAS AND MINERAL THEREON AND THEREUNDER, AS RESERVED IN THE DEED FROM
SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO WALTER T. CASEY, A MARRIED MAN,
RECORDED AUGUST 21, 1937 IN BOOK 1219, PAGE 483 OFFICIAL RECORDS. THE RIGHT OF
ENTRY WAS QUITCLAIMED BY THE SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO
Resolution No. 2022-017 - Page 5 of 8
THE OWNER OR OWNERS OF RECORD, BY DEED DATED SEPTEMBER 24, 1952 AND RECORDED
OCTOBER 10,1952 IN BOOK 3035, PAGE 303 OFFICIAL RECORDS.
NOTE: SAID LAND IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK
2, PAGE 62 RECORD OF SURVEYS.
Assessor's Parcels Numbers of the Property:
1100-201-07-0-000
1100-201-03-0-000
1100-201-04-0-000
Resolution No. 2022-017 - Page 6 of 8
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
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 Case No. DRC2014-01130:
10 new street trees
Resolution No. 2022-017 - Page 7 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Landscape Maintenance District No. 9 (Lower Etiwanda):
The rate per Equivalent Dwelling Unit (EDU) is $311.92 for the fiscal year 2021/22. The
following table summarizes the assessment rate for Landscape Maintenance District No. 9
(Lower Etiwanda)for Case No. DRC2014-01130:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Residential Parcel 1.00 $311.92
Multi-Family Residential Unit 1.00 311.92
Non-Residential Acre 2.00 311.92
The proposed annual assessment for the property described in Exhibit A is as follows:
193 Units x 1.00 EBU Factor x $311.92 Rate per EBU = $60,200.56 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 for all Urban
Consumers (CPI-U), for the Riverside — San Bernardino — Ontario Consumer Price Index 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 CPI 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. 2022-017 - Page 8 of 8