HomeMy WebLinkAbout2023-025 - ResolutionRESOLUTION NO. 2023.025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT
NO. 7 (NORTH ETIWANDA) FOR PROJECT CASE NO. SUBTT20337
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 Street Light Maintenance District No. 7 (North 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 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. 2023-025 — 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. 2023-025 — Page 2 of 6
PASSED, APPROVED, and ADOPTED this 151h day of March, 2023.
Lyn a Kennedy, Mayor Pro Wn
ATTEST:
Q/Y/6LL A e 44
,finice C. Reynolds, City Verk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) as
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 15" day of March, 2023.
AYES: Hutchison, Kennedy, Scott, Stickler
NOES: None
ABSENT: Michael
ABSTAINED: None
Executed this 161h day of March, 2023, at Rancho Cucamonga, California.
—" L
Jariice C. Reynolds, City Clerk
Resolution No. 2023-025 — Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
Banyan 9, LLC
c/o Water Mill Homes, Inc.
20151 SW Birch Street (Suite 150)
Newport Beach, CA 92660
The legal description of the Property is:
Being a Subdivision of Portions of the East % of Lots 2 of Block "D", as shown on the Map of the
Etiwanda Colony Lands, City of Rancho Cucamonga, in the County of San Bernardino, State of
California, as per Plat Recorded in Book 2, Page 24 of Map, Records of said County.
Assessor's Parcels Numbers of the Property:
0225-171-04
Resolution No. 2023-025 — Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 7 (North Etiwanda):
Street Light Maintenance District No. 7 (North Etiwanda) (the "Maintenance District') is used to fund the
maintenance and/or installation of street lights and traffic signals located on local streets in what is termed
the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day
Creek Channel and north of Highland Avenue within the incorporated area of the City.
The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion
thereof) on local streets within the North Etiwanda area.
Proposed additions to the Improvements for Project Case No. SUBTT20337
Five (5) LED Street Lights.
Resolution No. 2023-025 — Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No. 7 (North Etiwanda):
The rate per Equivalent Benefit Unit (EBU) is $33.32 for the fiscal year 2022/23. The following table
summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda) for
SUBTT20337:
Land Use
Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential
Unit
1.00
$33.32
Multi -Family Residential
Unit
0.50
33.32
Non -Residential
Acre
2.00
33.32
The proposed annual assessment for the property described in Exhibit A is as follows-
9 Parcels x 1 EBU Factor x $33.32 Rate per EBU = $ 299.88 Annual Assessment
Resolution No. 2023-025 — Page 6 of 6