HomeMy WebLinkAbout19-011 - Resolution RESOLUTION NO. 19-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO VICTORIA
NEIGHBORHOOD PARKS AND LANDSCAPE MAINTENANCE
DISTRICT(LMD 2) FOR PARCEL MAP 20032
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 Victoria Neighborhood
Parks and Landscape Maintenance District (LMD 2) (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. 19-011 — Page 1 of 6
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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. 19-011 — Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 6th day of March, 2019.
1
L. De Vis ichael, ayor
ATTEST:
via
nice C. Reynolds, CI rk
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 6th day of March 2019.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 7th day of March, 2019, at Rancho Cucamonga, California.
JWhice C. Reynolds, Clerk
Resolution No. 19-011 — Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
L. Dennis Michael
The legal description of the Property is:
BEING PORTIONS OF LOTS 21 AND 22 OF ORANGE EMPIRE ACRES TOGETHER WITH
THAT PORTION OF VACATED RAILROAD AVENUE SOUTH, VACATED PER INSTRUMENT
NO. 92-447926, RECORDED OCTOBER 28, 1992, TOGETHER WITH PARCEL 2 OF
CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 619 RECORDED JUNE
14, 2006 AS INSTRUMENT NO. 2006-0406609, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 21, SAID POINT
BEING SOUTH 00 DEG 12'36" WEST 575.70 FEET FROM THE NORTHWEST CORNER OF
SAID LOT 21; THENCE, ALONG SAID WEST LINE AND ITS NORTHERLY PROLONGATION,
NORTH 00 DEG 12'36" EAST 615.70 FEET TO THE NORTHWEST CORNER OF SAID
INSTRUMENT NO. 92- 447926; THENCE, ALONG THE NORTH LINE OF SAID INSTRUMENT
NO. 92-447926, SOUTH 89 DEG 11'41" EAST 342.01 FEET TO THE NORTHEAST CORNER
OF SAID INSTRUMENT NO. 92-447926, SAID CORNER ALSO BEING THE NORTHWEST
CORNER OF PARCEL 1 OFCERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
NO. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT NO. 2006-0406609, THENCE, ALONG
THE EAST LINE OF SAID INSTRUMENT NO. 92-447926 AND THE EAST LINE OF SAID LOT
22, SOUTH 00 DEG 12'48" WEST 418.19 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
WAY LINE OF FIREHOUSE COURT, SAID POINT BEING THE NORTHWEST CORNER OF
SAID PARCEL 2 AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY
HAVING A RADIUS OF 61.04 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 89
DEG 50'34" WEST; THENCE, LEAVING SAID EAST LINE AND ALONG SAID RIGHT-OF-WAY,
THROUGH A CENTRAL ANGLE OF 28 DEG 2325" AN ARC LENGTH OF 30.25 FEET;
THENCE, LEAVING SAID RIGHT-OF-WAY, SOUTH 42 DEG 24'52" WEST 51.92 FEET;
THENCE SOUTH 89 DEG 17'07" WEST 195.07 FEET, THENCE SOUTH 44 DEG 17'06" WEST
171.66 FEET TO THE POINT OF BEGINNING.
Assessor's Parcels Numbers of the Property:
1089-031-36-0000
Resolution No. 19-011 — Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2018/19
Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2):
Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) (the "Maintenance
District") represents landscape sites throughout the Victoria Planned Community.
The sites maintained by the district consist of parkways, median islands, street trees, paseos,
community trails and parks. Parks within LMD No. 2 include: Ellena Park, Kenyon Park, Victoria
Arbors Park, Victoria Groves Park, Vintage Park, and Windrows Park.
Proposed additions to the Improvements for Project PARCEL MAP 20032:
None
Resolution No. 19-011 — Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2018/19
Landscape Maintenance District No. 2 (Victoria Planned Community):
The Maximum Assessment rate per Equivalent Benefit Unit (EBU) is $45.80 for the fiscal year
2018/19. The following table summarizes the assessment rate for Victoria Neighborhood Parks
and Landscape Maintenance District (LMD 2) for PARCEL MAP 20032:
Maximum
Total Benefit Parcel Allowable
Parcel Land Use Category Points Factor Assessment
Single-Family Residential 11.00 Parcel $503.80
Condominium Residential 8.10 Unit 370.98
Multi-Family Residential 7.70 Unit 352.66
Commercial/Industrial 52.00 Acre 2,381.60
Public Service Parcels-Church/Fire
Station/School 3.00 Acre 137.40
Undeveloped 2.20 Acre 100.76
Common
Area/Roads/Easements/Utility 0.00 Parcel 0.00
The proposed annual assessment for the property described in Exhibit A is as follows:
_140 Units x 7.70 Total Benefit Points x $45.80 Maximum Assessment per Benefit Unit =
$ 49,372.40 Annual Assessment
*Commencing with fiscal year 2014/15, the maximum allowable assessment amount may be
increased by the lesser of 3.0% 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. 19-011 — Page 6 of 6