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HomeMy WebLinkAbout18-015 - Resolution RESOLUTION NO. 18-015 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 (COMMERCIAUINDUSTRIAL) FOR PROJECT CASE NO. DRC2016-00726 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; Resolution No. 18-015 — Page 1 of 6 (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. 18-015 — Page 2 of 6 PASSED, APPROVED, AND ADOPTED this 7'h day of March, 2018. 4€4, L. Dennis Mic el, Mayo ATTEST: :n1ce . 'e olds, 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 7'h day of March 2018. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 8111 day of March, 2018, at Rancho Cucamonga, California. ,111 - ice . Reynolds, Clerk Resolution No. 18-015 — Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: IPT Arrow Route DC, LP The legal description of the Property is: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST ' OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST '% OF SAID SECTION 8; THENCE NORTH 30 CHAINS; THENCE WEST 20 CHAINS; THENCE SOUTH 30 CHAINS; THENCE EAST 20 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF THE STATE HIGHWAY AS ESTABLISHED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 13, 1975 IN BOOK 8615, PAGE 992 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL THAT PORTION CONVEYED TO SOUTHERN SURPLUS REALTY CO., A CALIFORNIA CORPORATION, BY DEED RECORDED OCTOBER 02, 1973 IN BOOK 8279, PAGE 59 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A TRIANGULAR SHAPED PARCEL, BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, BOUNDED ON THE EAST BY THE EAST LINE OF THE NORTHWEST '/ OF SAID SECTION 8, BOUNDED ON THE NORTHWEST BY THE SOUTHEASTERLY LINE OF THE STATE HIGHWAY (DEVORE FREEWAY) AS ESTABLISHED BY FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 13, 1975 IN BOOK 8615, PAGE 992 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, AND BOUNDED ON THE SOUTH BY A LINE RUNNING EASTERLY FROM THE INTERSECTION OF SOUTHEASTERLY LINE OF THE STATE HIGHWAY, WITH THE EASTERLY LINE OF THAT PORTION CONVEYED TO SOUTHERN SURPLUS REALTY COMPANY, A CALIFORNIA CORPORATION, BY DEED RECORDED OCTOBER 02, 1973 IN BOOK 8279, PAGE 59 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, TO THE SOUTHWEST CORNER OF THE SOUTH '/ OF THE SOUTH Y OF THE NORTHWEST Y4 OF THE NORTHEAST 1/4 OF SAID SECTION 8. PURSUANT TO CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED JANUARY 31, 1992 AS INSTRUMENT NO. 1992-037393 OFFICIAL RECORDS. Assessor's Parcels Numbers of the Property: 0229-021-60-0000 Resolution No. 18-015 — Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2017/2018 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 DRC2016-00726: 10 LED street lights Resolution No. 18-015 — Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2017/2018 Street Light Maintenance District No. 6 (Commercial/Industrial): The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2017/18. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial) for DRC2016-00695: EBU Rate per Land Use Basis Factor' EBU' Commercial/ Industrial Acre 1.00 $51.40 The proposed annual assessment for the property described in Exhibit A is as follows: 26.6 Acres x 1.00 EBU Factor x $51.40 Rate per EBU = $1,367.24 Annual Assessment Resolution No. 18-015 — Page 6 of 6