HomeMy WebLinkAbout2024-027 - Resolution RESOLUTION NO. 2024-027
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. 2 (LOCAL STREETS) FOR
SUBTTM16605
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. 2 (Local Streets) (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. 2024-027— Page 1 of 7
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. 2024-027— Page 2 of 7
PASSED, APPROVED, and ADOPTED this 1st day of May, 2024.
L. De nis Wchael, M or
ATTEST:
e . Reynolds, City 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 1st day of
May, 2024.
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 2"d day of May, 2024, at Rancho Cucamonga, California.
nic . Reynolds, City CI
Resolution No. 2024-027— Page 3 of 7
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
AG EHC II (LEN) MULTI STATE 4, LLC
The legal description of the Property is:
TRACT NO 2521 LOT 2 AND 1/2 ALLEYS ADJ ON W AND N (PER RESOLUTION 9-27-83 NO
225182)
TRACT 2521 LOT 1 RED HILL ESTATES SUB NO 2 EX MINERAL RIGHTS
CUCAMONGA FRUIT LANDS PTN E 200 FT LOT 4 N OF STATE HGWY SEC 9 TP 1S R 7W
EX ST (PER 7-23-82 NO 144155)
CUCAMONGA FRUIT LANDS PTN LOT 3 SEC 9 TP 1S R 7W DESC AS BEG AT SE COR
LOT 15 RED HILL SUB TH S 30 DEG 50 MIN 30 SECONDS E 56.67 FT TH S 26 DEG 11 MIN
10 SECONDS E 302.84 FT TO PT ON ELY LI OF PROPERTY CONVEYED BY DEED 3/21/45
RECORDED BOOK 1775 PAGE 67 O R TH N 53 DEG 42 MIN W 29.15 FT TO ANGLE PT IN
SD ELYLITHN28 DEG 12 MIN W183.48FTTHS77 DEG 29 MIN W201.54FTTHNODEG
19 MIN E 184.96 FT TH S 89 DEG 49 MIN 30 SECONDS E 120.92 FT TO POB AND LOT 15
RED HILL SUB
RED HILL SUB PTN LOTS 13 AND 14 BEG AT NE COR LOT 15 SD RED HILL SUB TH S 28
DEG 08 MIN 45 SECONDS E /RECORD S 28 DEG 12 MIN 00 SECONDS E/ALG E LI SD
LOT 15 DIST 5.73 FT TO TRUE POB TH N 87 DEG 45 MIN 00 SECONDS E 368.36 FT TH S
37 DEG 38 MIN W 77.39 FT M/L TO ANGLE PT TH S 33 DEG 33 MIN W 70.08 FT TO S LI SD
LOT 13 TH N 89 DEG 49 MIN 30 SECONDS W 226.94 FT M/L TO SE COR SD LOT 15 TH N
28 DEG 08 MIN 45 SECONDS W/RECORD N 28 DEG 12 MIN 00 SECONDS W/ALG E LI SD
LOT 15 DIST OF 117.92 FT M/L TO TRUE POB EX MNL RTS .92 AC M/L
CUCAMONGA FRUIT LANDS W 16 AC LOT 3 SEC 9 TP 1S R 7W EX PTN LYING W OF LI
DESC AS COM S 89 DEG 49 MIN 30 SECONDS E 143.62 FT FROM NW COR SD LOT 3 TH
S 30 DEG 50 MIN 30 SECONDS E 56.67 FT TH S 26 DEG 11 MIN 10 SECONDS E 302.84 FT
TH S 53 DEG 42 MIN E 207.55 FT TH S 7 DEG 32 MIN E 191.47 FT EX STATE HGWY
CUCAMONGA FRUIT LANDS LOT 2 N OF CO RD EX R/W AND E 4 AC LOT 3 N OF PE R/W
SEC 9 TP 1S R 7W EX HWY
Resolution No. 2024-027— Page 4 of 7
Assessor's Parcels Numbers of the Property:
020-711-209-0000
020-711-210-0000
020-710-117-0000
020-710-141-0000
020-710-134-0000
020-710-131-0000
020-710-113-0000
Resolution No. 2024-027— Page 5 of 7
Exhibit B
Description of the District Improvements
Fiscal Year 2023/24
Street Light Maintenance District No. 2 (Local Streets):
Street Light Maintenance District No. 2 (Local Streets)(the"Maintenance District") is used to fund
the maintenance and/or installation of street lights and traffic signals located on local streets
throughout the City but excluding those areas already in another local maintenance district.
Generally, this area encompasses the residential area of the City west of Haven Avenue.
The sites maintained by the District consist of street lights on local streets and traffic signals (or
a portion thereof) on local streets generally west of Haven Avenue.
Proposed additions to the Improvements for Project SUBTTM16605:
Four(4) streetlights and other related work
Resolution No. 2024-027— Page 6 of 7
Exhibit C
Proposed Annual Assessment
Fiscal Year 2023/24
Street Light Maintenance District No. 2 (Local Streets):
The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2023/24. The following
table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets)
for SUBTTM16605:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Residential Parcel 1.00 $39.97
Multi-Family Residential Unit 1.00 39.97
Non-Residential Acre 2.00 39.97
The proposed annual assessment for the property described in Exhibit A is as follows:
175 Units x 1.00 EBU Factor x $39.97 Rate per EBU = $6,994.75 Annual Assessment
Resolution No. 2024-027— Page 7 of 7