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HomeMy WebLinkAbout13-090 - Resolutions RESOLUTION NO. 13-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4-R (TERRA VISTA PLANNED COMMUNITY) FOR TRACT 18856 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. 4-R (Terra Vista Planned Community) (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. 13-090 — Page 1 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. 13-090 — Page 2 PASSED, APPROVED, AND ADOPTED this 19'h day of June 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None L. ennis Michael, May ATTEST: uric. 2! J ce C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 19'h day of June 2013. Executed this 201h day of June 2013, at Rancho Cucamonga, California. pwu J 'ce C. Reynolds, Cit Clerk RESOLUTION NO. 13-090 — Page 3 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: HOMECOMING V AT TERRA VISTA, LLC, A DELAWARE LIMITED LIABILITY COMPANY The legal description of the Property is: Parcel 12 of Parcel Map No. 14022, in the City of Rancho Cucamonga, County of San Bernardino, as shown by Map on file in book 180 pages 19 to 22, inclusive of Parcel Maps, Records of San Bernardino County, California, and as amended by Certificate of Correction recorded February 4, 1997 as Instrument No. 97-040160, of Official Records. Excepting there from all oil, gas, minerals, hydrocarbon and kindred substances lying below a depth of 500 feet, but without the right of surface entry as conveyed to Western Supply Corp., by grant deed recorded September 17, 1979 in book 9772 page 1262, of Official Records. Assessor's Parcels Numbers of the Property: 0227-151-49 and 98 0227-151-50 RESOLUTION NO. 13-090 — Page 4 Exhibit B Description of the District Improvements Fiscal Year 2012/2013 Landscape Maintenance District No. 4-R (Terra Vista Planned Community): Landscape Maintenance District No. 4-R (Terra Vista Planned Community) (the "Maintenance District") represents paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the Terra Vista Planned Community. These improvements are located within the street right-of-ways, dedicated public easements and parks which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including those within the parks and paseos, includes but is not limited to, skating, restroom, picnic and playground facility maintenance, fence repair and replacement, and irrigation and lighting systems control, adjustment, repair and replacement and sport field maintenance. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and in a safe, healthy, vigorous and satisfactory condition. The parks consist of Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. Proposed additions to the Improvements for Project Tract 18856: STREET TREES: 78 Each RESOLUTION NO. 13-090 — Page 5 Exhibit C Proposed Annual Assessment Fiscal Year 2012/2013 Landscape Maintenance District No. 4-R (Terra Vista Planned Community): The rate per Equivalent Dwelling Unit (EDU) is $380.00 for the fiscal year 2012/2013. The following table summarizes the assessment rate for Landscape Maintenance District No. 4-R (Terra Vista Planned Community) for Tract 18856: EDU Rate per Land Use Basis Factor* EDU* Single Family Parcel 1.00 $380.00 Condominium Unit 0.80 380.00 Multi-Family Unit 0.70 380.00 Commercial/ Industrial Acre 3.25 380.00 Vacant Acre 0.25 380.00 School Acre 0.25 380.00 *EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 306 Units x 0.80 EDU Factor x $380.00 Rate Per EDU = $ 93,024.00 Annual Assessment *Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount may be increased by the lesser of 3.5% 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. 13-090 — Page 6