HomeMy WebLinkAbout18-135 - Resolution RESOLUTION NO. 18-135
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 DRC2017-00084
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. 18-135 — Page 1 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.
Resolution No. 18-135 — Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 19th day of December 2018.
L. D nnis Michael, or ay
ATTEST:
aa,tt�C e 6V4!LA
ice C. Reynolds, 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 19th day of December 2018.
AYES: Hutchison, Kennedy, Michael, Scott and Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 20th day of December, 2018, at Rancho Cucamonga, California.
nice C. Reynolds, Clerk
Resolution No. 18-135— Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
DP Etiwanda. LLC
The legal description of the Property is:
Parcel A: THAT PTN WEST ETIWANDA LAND AND TOWN CO SUB DESC AS COM NW COR
LOT 9 SD SUB TH S 0 DEG 22 MIN 55 SECONDS W ALG W LI SD LOT 292 FT TO TRUE POB
TH CONT S 0 DEG 22 MIN 55 SECONDS W ALG W LI LOTS 9 AND 11 SD SUB 356.25 FT TO
SW COR SD LOT 11 TH N 88 DEG 09 MIN 45 SECONDS E ALG N LI FIRST ST AND DEPOT
GROUNDS 631.08 FT TH N 0 DEG 22 MIN 55 SECONDS E PARALLEL WITH W LI SD LOTS 9
AND 11 A DISTANCE OF 334.51 FT TH N 89 DEG 37 MIN 05 SECONDS W 630.62 FT TO TRUE
POB.
Parcel B: PTN WEST ETIWANDA LAND AND TOWN CO SUB DESC AS COM NW COR LOT 9
SD SUB TH S O DEG 22 MIN 55 SECONDS W ALG W LI SD LOT 292 FT TH S 89 DEG 37 MIN
05 SECONDS E 630.62 FT PARALLEL WITH N LI SD LOT 9 TO TRUE POB TH S 0 DEG 22
MIN 55 SECONDS W PARALLEL WITH W LI LOTS 9 AND 11 SD SUB 334.51 FT TO N LI FIRST
ST AND DEPOT GROUNDS TH N 88 DEG 09 MIN 45 SECONDS E ALG SD N LI FIRST ST TO
C/L OF A VAC ST RUNNING N AND S BETWEEN LOTS 7 AND 8 SD SUB TH N ALG SD C/L
TO PT 482 FT S OF S LI LOT 6 SD SUB TH E TO W LI ETIWANDA AVE TH N 190 FT TO PT
292 FT S OF S LI SD LOT 6 TH W TO TRUE POB EX ST.
Parcel C: A PARCEL OF LAND IN THE COUNTY OF SAN BERNARDINO STATE OD
CALIFORNIA LYING IN SECTION 8 TOWNSHIP 1 SOUTH RANGE 6 WEST SAN
BERNARDINO MERIDIAN BEING THAT PORTION OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN DEED DATED MAY 1 1896 FROM WEST ETIWANDA LAND AND TOWN
COMPANY TO SOUTHERN CALIFORNIA RAILWAY COMPANY (PREDECESSOR IN
INTEREST TO BNSF RAILWAY COMPANY), RECORDED APRIL 20 1897 IN BOOK 237 OF
DEEDS PAGE 354 RECORDS OF SAID COUNTY (HEREINAFTER REFERRED TO AS
"ORIGINAL PARCEL") DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF
THE NORTH LINE OF THAT CERTAIN 100 FOOT WIDE STRIP [ OF LAND DESCRIBED AS
"M" IN DEED DATED DECEMBER 10 1992 FROM THE ATCHISON TOPEKA AND SANTA FE
RAILWAY COMPANY TO SAN BERNARDINO ASSOCIATED GOVERNMENTS RECORDED
DECEMBER 15 1992 AS DOCUMENT NO 19920514404 RECORDS OF SAID COUNTY WITH
THE EAST LINE OF SAID SECTION 8 SAID POINT BEING THE SOUTHEAST CORNER OF
SAID ORGINAL PARCEL THENCE NORTH ALONG THE EASTERLY BOUNDARY OF SAID
ORIGINAL PARCEL THENCE NORTH ALONF THE EASTERLY BOUNDARY OF SAID
ORGINAL PARCEL 90 FEET MORE OR LESS TO A LINE PARALLEL WITH AND DISTANT 10
FEET SOUTHERLY FROM MEASURED AT RIGHT ANGLES TO THE NORTH LNE OF
ORIGINAL PARCEL THENCE WESTERLY ALONG SAID PARALLEL LINE 255 FEET THENCE
NORTHERLY AT RIGHT ANGLES 10 FEET TO SAID NORTH LINE OF ORIGINAL PARCEL
THENCE WESTERLY ALONG LAST SAID NORTH LINE 1069 FEET MORE OR LESS TO THE
NORTHWEST CORNER OF SAID ORIGINAL PARCEL THENCE SOUTHERLY ALONG THE
WEST LINE OF SAID ORIGINAL PARCEL 100 FEET TO THE NORTH LINE OF SAID 100 FOOT
WIDE STRIP THENCE EASTERLY ALONG LAST SAID NORTH LINE 1324.25 FEET TO POINT
OF BEGINNING.
Assessor's Parcels Numbers of the Property:
Parcel A: 229-131-15 Parcel B: 229-131-16 Parcel C: 229-131-26
Resolution No. 18-135 — Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2018/2019
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 DRC2017-00084:
1-51 watt LED Street Light
Resolution No. 18-135 — Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2018/2019
Street Light Maintenance District No. 6 (Commercial/Industrial):
The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2018/19. The following
table summarizes the assessment rate for Street Light Maintenance District No. 6
(Commercial/Industrial) for DRC2017-00084:
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:
11.71 Acres x 1 EBU Factor x $51.40 Rate per EBU = $601.89 Annual Assessment
Resolution No. 18-135 — Page 6 of 6