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Home My WebLink About2022-150 - Resolution RESOLUTION NO. 2022-150 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) FOR DRC2018-00594 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) (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. 2022-150 — 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 2022-150—Page 2 of 6 PASSED, APPROVED, and ADOPTED this 7'h day of December 2022 L. nni M or ATTEST. /] t nice C R- en s, tity nice C Reynolds, ity 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 7'h day of December 2022. AYES: Hutchison, Kennedy, Michael, Scott NOES: None ABSENT: None ABSTAINED: None Executed this 8`h day of December, 2022, at Rancho Cucamonga, California Qnice C l- e d�diJ nice C Reynolds, ity Clerk Resolution No. 2022-150— Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Properly is 9325 Feron, LLC The legal description of the Property is That Portion Of The Southwest One-Quarter Of The Southeast One-Quarter Of Section 10.Township 1 South, Range 7 West, San Bernardino Meridian, in the City of Rancho Cucamonga, County of San Bernardino, State of California, According To The Official Plat Thereof More Particularly Described As Follows Commencing At The Southwest Corner Of The Said Southeast One-Quarter Which Is Also The Intersection Of The Centerline Of Hellman Avenue And The Centerline Of The A T And S F Railroad, Thence North 00' 03' 41"West 457 47 Feet Along Said Centerline Of Hellman Avenue To A Point On The Westerly Prolongation Of The Centerline Of Main Street, Thence South 89'43'45" East 30 00 Feet Along The Westerly Prolongation Of The Centerline Of Main Street To A Point Of Beginning, Thence Continuing South 89'43'45" East 183.50 Feet To The Point On The Westerly Boundary Of Parcel 1, Parcel Map 4320, Thence South 00` 03'41" East 236 96 Feet Along The Westerly Boundary, Thence North 89° 43' 45"West 183 50 Feet, Thence North 00° 03'41"West 236 96 Feet Along A Line 30 00 Feet Easterly Of And Parallel With The Said Centerline Of Hellman Avenue To The True Point Of Beginning Except The Interest In The Portion Thereof Described As Follows That Portion Of The Southwest One-Quarter Of The Southeast One-Quarter Of Section 10,Township 1 South, Range 7 West, San Bernardino Meridian, In The City Of Rancho Cucamonga. County Of San Bernardino, State Of California, According To The Official Plat Thereof, More Particularly Described As Follows Beginning At The Hereinbefore Described True Point Of Beginning, Thence Continuing South 89° 43' 45" East 183 50 Feet, Thence South 0` 03'41" East 33 00 Feet. Thence North 89'43' 45"West 145 36 Feet Along A Line 33 00 Feet Southerly Of And Parallel With The Said Westerly Prolongation Of The Centerline Of Main Street (Feron), Thence Southwesterly 37 84 Feet Along A Tangent Curve To The Southeast, Having A Radius Of 24,00 Feet And A Central Angle Of 90° 19' 56"To A Point Of Ending Of Curve From Which A Radial Bears South 89` 56' 19" West, Thence South 0` 03'41" East 179 82 Feet Along A Line 44 00 Feet Easterly Of And Parallel With The Said Centerline Of Hellman Avenue, Thence North 89° 43' 45"West 14 00 Feet, Thence North 0" 03'41"West 236 96 Feet Along A Line 30 Feet Easterly Of And Parallel With The Said Centerline Of Hellman Avenue To The True Point Of Beginning Said Land Is Pursuant To That Certain Certificate Of Compliance For Lot Line Adjustment Recorded August 21 1989 As Instrument No 89-305227, Official Records Assessor's Parcels Numbers of the Property 0209-032-57 Resolution No. 2022-150—Page 4 of 6 • Exhibit B Description of the District Improvements Fiscal Year 2022/23 Landscape Maintenance District No 3B (Commercial Industrial) Landscape Maintenance District No 3B (Commercial Industrial) (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 DRC2018-00594 None Resolution No 2022-150— Page 5 of 6 • Exhibit C Proposed Annual Assessment Fiscal Year 2022/23 Landscape Maintenance District No. 3B(Commercial Industrial' The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2022/23 The following table summarizes the assessment rate for Landscape Maintenance District No 3B (Commercial Industrial)for DRC2018-00594: EBU Rate per I 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 0.79 Acres x 1 EBU Factor x $282.24 Rate per EBU = $ 222 97_Annual Assessment Resolution No 2022-150 — Page 6 of 6