HomeMy WebLinkAbout13-092 - Resolutions RESOLUTION NO. 13-092
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. 4 (TERRA VISTA PLANNED
COMMUNITY) FOR TRACT 18856
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. 4 (Terra Vista Planned Community) (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. 13-092 — Page 1
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. 13-092 — Page 2
PASSED, APPROVED, AND ADOPTED this 19`h day of June 2013.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. benms Michael, May6r
ATTEST:
J ce C. Reynolds, City Jerk
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 19'h day of June 2013.
Executed this 201h day of June 2013, at Rancho Cucamonga, California.
Q t 41,0il-
nice C. Reynolds, 0(ty Clerk
RESOLUTION NO. 13-092 — Page 3
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
HOMECOMING V AT TERRA VISTA, LLC, A DELAWARE LIMITED LIABILITY COMPANY
The legal description of the Property is:
Parcel 12 of Parcel Map No. 14022, in the City of Rancho Cucamonga, County of San
Bernardino, as shown by Map on file in book 180 pages 19 to 22, inclusive of Parcel Maps,
Records of San Bernardino County, California, and as amended by Certificate of Correction
recorded February 4, 1997 as Instrument No. 97-040160, of Official Records.
Excepting there from all oil, gas, minerals, hydrocarbon and kindred substances lying below a
depth of 500 feet, but without the right of surface entry as conveyed to Western Supply Corp.,
by grant deed recorded September 17, 1979 in book 9772 page 1262, of Official Records.
Assessor's Parcels Numbers of the Property:
0227-151-49 and 98 0227-151-50
RESOLUTION NO. 13-092 — Page 4
Exhibit B
Description of the District Improvements
Fiscal Year 2012/2013
Street Light Maintenance District No. 4 (Terra Vista Planned Community):
Street Light Maintenance District No. 4 (Terra Vista Planned Community) (the "Maintenance
District') is used to fund the maintenance and/or installation of street lights and traffic signals
located within the Terra Vista Planned Community. Generally, this area encompasses the
residential area of the City east of Haven Avenue, south of Base Line Road, north of Foothill
Boulevard and west of Rochester Avenue.
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 Terra Vista Planned Community.
Proposed additions to the Improvements for Project Tract 18856:
STREET LIGHTS (Existing) on MALAGA DRIVE: 4 Each
STREET LIGHTS (Existing) on MAYTEN AVENUE: 3 Each
RESOLUTION NO. 13-092 — Page 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2012/2013
Street Light Maintenance District No. 4 (Terra Vista Planned Community):
The following table summarizes the assessment rate for Street Light Maintenance District No. 4
(Terra Vista Planned Community) for Tract 18856:
EDU Rate per
Land Use Basis Factor* EDU*
Single Family Parcel 1.00 $28.96
Multi-Family Unit 0.50 28.96
Commercial Acre 2.00 28.96
Vacant Acre 2.00 28.96
'EDU means Equivalent Dwelling Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
306 Units x 0.50 EDU Factor x $28.96 Rate Per EDU = $ 4,430.88 Annual Assessment
RESOLUTION NO. 13-092 — Page 6