HomeMy WebLinkAbout2022-025 - Resolution RESOLUTION NO. 2022-025
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. SUBTT20148
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. 2022-025 — 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. 2022-025— Page 2 of 6
PASSED, APPROVED, and ADOPTED this 2nd day of February 2022.
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k n Michael, M /
ATTEST:
nice C. Reynolds, C y Clerk
Cr
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 February 2022.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 3rd day of February, 2022, at Rancho Cucamonga, California.
Qaw ex 4��--
nice C. Reynolds, City Clerk
Resolution No. 2022-025— Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
SC Westbury Limited Partnership
The legal description of the Property is:
ALL THOSE PORTIONS OF LOTS 8 AND 9,BLOCK Y,ACCORDING TO PRELIMINARY MAP OF
ETIWANDA COLONY ISLANDS,IN THE CITY OF RANCHO CUCAMONGA,AS SHOWN BY MAP ON
FILE IN BOOK 2,PAGE 24 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY,CALIFORNIA AND THAT PORTION OF THE SOUTHEAST ONE-QUARTER OF
FRACTION SECTION 4,TOWNSHIP 1 SOUTH,RANGE 6 WEST, SAN BERNARDINO BASE AND
MERIDIAN,ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT,APPROVED BY
THE SURVEYOR GENERAL,NOVEMBER 13, 1885,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9;THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID LOT 9 TO A POINT ON A LINE 175.00 FEET,MEASURED AT RIGHT
ANGLES,NORTHWESTERLY OF AND PARALLEL WITH THE CENTER LINE OF AN EASEMENT TO
SOUTHERN CALIFORNIA EDISON COMPANY PER A DOCUMENT RECORDED DECEMBER 17, 1937 IN
BOOK 1249,PAGE 142 OF OFFICIAL RECORDS,SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY LINE OF THE EAST
AVENUE(HAVING A HALF WIDTH OF 44.00 FEET);THENCE SOUTHERLY ALONG SAID WESTERLY
LINE OF EAST AVENUE TO THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY LINE
OF SAID LOT 9;THENCE WESTERLY ALONG SAID EASTERLY PROLONGATION AND THE
SOUTHERLY LINE OF SAID LOT 9,TO THE SOUTHWEST CORNER OF SAID LOT 9;THENCE
NORTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 9 TO THE TRUE POINT OF
BEGINNING,AS PER CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED JULY
24, 190 AS INSTRUMENT NO. 90-289507 OF OFFICIAL RECORDS.
Assessor's Parcels Numbers of the Property:
1100-191-04
Resolution No. 2022-025— Page 4 of 6
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. SUBTT20148:
11 street trees
Resolution No. 2022-025— Page 5 of 6
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. SUBTT20148:
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:
131 Units x 1.00 EBU Factor x $311.92 Rate per EBU = $40,861.52 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. 2022-025— Page 6 of 6