HomeMy WebLinkAbout16-195 - ResolutionsResolution No. 16-195 – Page 1 of 6
RESOLUTION NO. 16-195
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/INDUSTRI AL)
FOR DRC2008-00909
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
Resolution No. 16-195 – Page 2 of 6
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.
PASSED, APPROVED, AND ADOPTED this 7th day of December 2016.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
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 7th day of December 2016.
Executed this 8th day of December 2016 , at Rancho Cucamonga , California .
J
Resolution No. 16-195 -Page 3 of 6
Resolution No. 16-195 – Page 4 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
ALTA LOMA ANIMAL HOSPITAL
The legal description of the Property is:
THAT PORTION OF LOT 6, BLOCK 8, OF CUCAMONGA HOMESTEAD ASSOCIATION, IN
THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 46, RECORDS OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 6, THENCE NORTH ALONG
THE WEST LINE OF SAID LOT, 125.84 FEET; THENCE EAST 165 FEET; THENCE SOUTH
PARALLEL WITH THE WEST LINE OF SAID LOT, 125.84 FEET TO THE SOUTH LINE OF
SAID LOT, BEING THE NORTH LINE OF BASE LINE ROAD, THENCE WEST ALONG THE
NORTH LINE OF BASE LINE ROAD, 165 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
Assessor’s Parcels Numbers of the Property:
202-161-10, 11 & 20
Resolution No. 16-195 – Page 5 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2016/2017
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 DRC2008-00909:
STREET LIGHT 1 EACH
Resolution No. 16-195 – Page 6 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2016/2017
Street Light Maintenance District No. 6 (Commercial/Industrial):
The following table summarizes the assessment rate for Street Light Maintenance District No. 6
(Commercial/Industrial) forDRC2008-00909:
Land Use
Basis
EBU
Factor*
Rate per
EBU*
Commercial/ Industrial Acre 1.00 51.40
Vacant Acre 2.00 51.40
*EBU means Equivalent Benefit Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
0.67 Acre x 1 EBU Factor x $51.40 Rate per EBU = $ 34.44 Annual Assessment