HomeMy WebLinkAbout13-011 - Resolutions RESOLUTION NO. 13-011
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 DRC2011-00255
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. 13-011 - Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 6 1 day of February 2013.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
1
L. Dennis Michael, Mayor
ATTEST:
PiL ;� ru 1'W
Jani t
Reynolds, i y CI rk
�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 6`h day of February 2013.
Executed this 7'h day of February 2013, at Rancho Cucamonga, California.
l¢ _
J nice C. Reynolds, City&C*k�6
Resolution No. 13-011 - Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is: ALL-STATE PAPER AND METAL RECYCLING CO., INC,
The legal description of the Property is:
PARCEL "B" OF CERTIFICATE OF COMPLIANCE NO. 689 RECORDED FEBRUARY 10,
2012 AS DOC# 2012-0055225, OFFICIAL RECORDS OF THE COUNTY OF SNA
BERNARDINO, STATE OF CALIFORNIA;
TOGETHER WITH THE EAST 90 FEET IF LOT 400 OF THE FONTANA ARROW ROUTE
TRACT 2102 PER MAP RECORDEDIN BOOK 31, PAGES 11 THROUGH 15 INCLUSIVE, OF
MAPS, RECORDS OF SAID COUNTY
Assessor's Parcels Numbers of the Property: 229-192-09 & 229-192-18
Resolution No. 13-011 - Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2012-2013
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 DRC2011-00255:
Street lights 3 EA
Resolution No. 13-011 - Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2012-2013
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 DRC2011-00255:
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:
1.81 acres x 1.0 EDU Factor x $51.40 Rate Per EDU = $93.03 Annual Assessment
Resolution No. 13-011 - Page 6 of 6