HomeMy WebLinkAbout10-174 - Resolutions RESOLUTION NO. 10-174
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. 6 (COMMERCIAL/INDUSTRIAL)
FOR DRC2009-00586
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. 6 (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
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.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 10-174 - Page 2 of 7
PASSED, APPROVED, AND ADOPTED this I" day of December 2010.
AYES: Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: Alexander
L. Dennis Michael, Mayo
,�/
ATTEST:
,J, , Ja ice C. 'Reynold, City Clerk
U I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 15` day of December 2010.
Executed this 2nd day of December 2010, at Rancho Cucamonga, California.
Pv7
Janice C. Reynold City Clerk
If
Resolution No. 10-174 - Page 3 of 7
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
The legal description of the Property is:
BEING A DIVISION OF PARCEL 2 OF CERTIFICATE NO. 679 FOR LOT LINE ADJUSTMENT,
RECORDED AUGUST 3, 2010, AS INSTRUMENT NO. 2010- 312610, OF OFFICIAL
RECORDS, IN THE CITY OF RANCHO CUCAMONGA RECORDS OF SAN BERNARDINO,
STATE OF CALIFORNIA
Assessor's Parcels Numbers of the Property:
1061-621-03
Resolution No. 10-174 - Page 4 of 7
Exhibit B
Description of the District Improvements
Fiscal Year DRC2009-00586
Street Light Maintenance District No. 6 (Commercial/Industrial):
Street Light Maintenance District No. 6 (the "Maintenance District') is used to fund the
maintenance and/or installation of street lights and traffic signals located on commercial and
industrial streets throughout the City but excluding those areas already in a local maintenance
district. Generally, this area encompasses the industrial area of the City south of Foothill
Boulevard
The sites maintained by the district consist of street lights on industrial or commercial streets
and traffic signals (or a portion thereof) on industrial or commercial streets generally south of
Foothill Boulevard.
Proposed additions to the Improvements for Project DRC2009-00586:
STREET LIGHTS —6 EACH
STREET TREES - 7 EACH
Resolution No. 10-174 - Page 5 of 7
Exhibit C
Proposed Annual Assessment
Fiscal Year 2010/2011
Street Light Maintenance District No. 6 (Commercial/Industrial):
The following table summarizes the assessment rate for Street Light Maintenance District No. 6
(Commercial/Industrial) for DRC2009-00586:
EDU Rate per
Land Use Basis Factor* EDU*
Single Family Unit 1.00 $51.40
Multi-Family Unit 1.00 51.40
Commercial/ Industrial Acre 1.00 51.40
Vacant Acre 2.00 51.40
*EDU means Equivalent Dwelling Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
1.17 Acres x 1 EDU Factor x $51.40 Rate Per EDU = $ 60_14 Annual Assessment
Resolution No. 10-174 - Page 6 of 7
CERTIFICATE OF SUFFICIENCY OF
CONSENT AND WAIVER TO ANNEXATION
FOR PROJECT DRC2009-00586
STREET LIGHT MAINTENANCE DISTRICT NO. 6
(COMMERCIALII NDUSTRIAL)
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
MARK A. STEUER, the undersigned, hereby certifies as follows:
That I am the duly appointed CITY ENGINEER of the CITY OF RANCHO CUCAMONGA,
CALIFORNIA. That on the 1st day of December, 2010, 1 reviewed a Consent and Waiver to
Annexation pertaining to the annexation of certain property to the Maintenance District named
above, a copy of which is on file in the Office of the City Clerk.
That I caused said Consent and Waiver to Annexation to be examined and my examination
revealed that said Consent and Waiver to Annexation has been signed by the owners of all of
the property within the territory proposed to be annexed to the Maintenance District.
That said Consent and Waiver to Annexation meets the requirements of Section 22608 of the
Streets and Highways Code of the State of California.
That said Consent and Waiver to Annexation meets the requirements of Article XIII D of the
Constitution of the State of California.
That said Consent and Waiver to Annexation meets the requirements of the Proposition 218
Omnibus Implementation Act (Government Code Section 53750 and following) of the State of
California.
EXECUTED this 1 st day of December, 2010, at Rancho Cucamonga, California.
Mark A. Steuer,
Director of Engineering Services/City Engineer
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
Resolution No. 10-174 - Page 7 of 7