HomeMy WebLinkAbout18-077 - Resolution RESOLUTION NO. 18-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.
3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR
SUBTPM19823
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. 3B (Commercial
Industrial Maintenance District) (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
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;
Resolution No. 18-077— Page 1 of 6
(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. 18-077— Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 1Stday of August, 2018.
L. Dennis ichael, May
ATTEST:
nice 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 1Stday of August
2018.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 2nd day of August, 2018, at Rancho Cucamonga, California.
aid
;nice C. Reynolds, lerk
Resolution No. 18-077— Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
CP Logistics Utica, LLC, a Delaware Limited Liability Company
The legal description of the Property is:
THAT PORTION OF PARCELS 3 AND 4 OF PARCEL MAP NO. 9498 AND PORTIONS OF TRADEMARK
PARKWAY SOUTH AND WINSTON AVENUE, AS VACATED BY RESOLUTION NO. 16-204 OF THE
CITY OF RANCHO CUCAMONGA, RECORDED DECEMBER 20, 2016 AS DOCUMENT NO. 2016-
0556661 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE
INTERSECTION OF 4TH STREET AND UTICA AVENUE, AS DEPICTED ON SAID PARCEL MAP NO.
9498; THENCE NORTH 89 DEG 31'27" WEST, 594.60 FEET ALONG THE CENTERLINE OF SAID
STREET TO THE CENTERLINE INTERSECTION OF 4TH STREET AND WINSTON AVENUE, AS
DEPICTED ON SAID PARCEL MAP NO. 9498; THENCE NORTH 34 DEG 17'50" WEST, 73.04 FEET TO
AN INTERSECTING POINT OF THE SOUTHERLY LINE OF SAID LANDS VACATED BY THE CITY OF
RANCHO CUCAMONGA WITH A LINE PARALLEL WITH AND DISTANT 656.98 FEET EASTERLY OF
THE CENTERLINE OF IMPROVEMENT FOR HAVEN AVENUE, AS SHOWN ON SAID PARCEL MAP
NO. 9498, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 00 DEG 15'02" WEST,
545.20 FEET ALONG SAID PARALLEL LINE; THENCE CONTINUING NORTH 00 DEG 15'02" WEST,
658.61 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 3, SAID POINT BEING THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 309.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 02 DEG 36'05" WEST; THENCE
EASTERLY AND SOUTHERLY ALONG SAID CURVE AND ALONG SAID NORTHERLY LINE OF
PARCEL 3 AN ARC LENGTH OF 548.78 FEET, THROUGH A CENTRAL ANGLE OF 101 DEG 45'26" TO
THE NORTHERLY TERMINUS OF LANDS VACATED BY THE CITY OF RANCHO CUCAMONGA;
THENCE RADIAL TO SAID CURVE, SOUTH 80 DEG 50'39" EAST, 82.00 FEET TO THE
NORTHEASTERLY TERMINUS OF LANDS VACATED BY THE CITY OF RANCHO CUCAMONGA, SAID
POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 391.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 80 DEG
50'39" WEST; THENCE NORTHERLY ALONG SAID CURVE AND ALONG THE WESTERLY LINE OF
SAID PARCEL 4 AN ARC LENGTH OF 10.38 FEET, THROUGH A CENTRAL ANGLE OF 01 DEG 31 '15"
TO A POINT OF REVERSE CURVATURE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 24.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 82 DEG 21'54" WEST; THENCE
NORTHEASTERLY ALONG SAID CURVE AND ALONG THE WESTERLY AND NORTHERLY LINE OF
SAID PARCEL 4 AN ARC LENGTH OF 34.70 FEET, THROUGH A CENTRAL ANGLE OF 82 DEG 50'27";
THENCE SOUTH 89 DEG 31'27" EAST, 160.60 FEET ALONG SAID NORTHERLY LINE OF PARCEL 4
TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 24.00
FEET;THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG THE EASTERLY LINE OF SAID
PARCEL 4 AN ARC LENGTH OF 37.39 FEET, THROUGH A CENTRAL ANGLE OF 89 DEG 16'01";
THENCE SOUTH 00 DEG 15'26" EAST, 819.50 FEET ALONG THE EASTERLY LINE OF PARCEL 4 TO
THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 24.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND ALONG THE SOUTHERLY LINE OF SAID
PARCEL 4 AN ARC LENGTH OF 38.01 FEET, THROUGH A CENTRAL ANGLE OF 90 DEG 43'59";
THENCE NORTH 89 DEG 31'27"WEST, 584.18 FEET ALONG SAID SOUTHERLY LINE OF PARCEL 4
AND ALONG AFOREMENTIONED LANDS VACATED BY THE CITY OF RANCHO CUCAMONGA TO
THE POINT OF BEGINNING.
Assessor's Parcels Numbers of the Property:
0210-081-43-0000
Resolution No. 18-077— Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2017/2018
Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District):
Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the "Maintenance
District") represents landscape sites throughout the Commercial/Industrial Maintenance District.
The various landscape sites that are maintained by this district consist of median islands, parkways, street
trees and entry monuments.
Proposed Additions to the Improvements for Project PM 19823:
17 Street Trees
Resolution No. 18-077— Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2017/2018
Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District):
The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2017/18. The following table
summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial
Maintenance District) for SUBTPM19823:
EBU Rate per
Land Use Basis Factor* EBU*
Non-Residential Acre 1.00 $282.24
The proposed annual assessment for the property described in Exhibit A is as follows:
14.09 Acres x 1.00 EBU Factor x $282.24 Rate per EBU = $3,976.76 Annual Assessment
Resolution No. 18-077— Page 6 of 6