HomeMy WebLinkAbout19-006 - ResolutionRESOLUTION NO. 19-006
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 DRC2018-00183
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/I ndustrial) (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. 19-006 — Page 1 of 7
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. 19-006 — Page 2 of 7
PASSED, APPROVED, AND ADOPTED this 6th day of February, 2019.
ATTEST:
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nice C. Reynolds, Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA
11 D nnis Michael, 16yo
/
1, 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 6th day of February 2019.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 7th day of February, 2019, at Rancho Cucamonga, California.
Qaa&�t"-- APWIA
Wnice C. ••
Resolution No. 19-006 — Page 3 of 7
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
Heartland Express, Inc. of Iowa
901 Kansas Ave.
North Liberty, Iowa 52317
The legal description of the Property is:
APN: 0229-151-10-0000
THE NORTH 70 FEET OF THE SOUTH 140 FEET OF THE EAST 200 FEET OF FARM LOT
432, FONTANA ARROW ROUTE, TRACT NO. 2102, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN
BOOK 31, PAGES 11 THROUGH 15, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY.
NOTE: THE AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE
COMPUTED TO THE CENTERS OF THE ADJOINING STREETS ON SAID MAP.
APN: 0229-151-12-0000
THE SOUTH 165 FEET OF THE EAST 400 FEET OF FARM LOT 432, FONTANA ARROW
ROUTE, TRACT NO. 2102, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 31, PAGES 11
THROUGH 15, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY.
EXCEPT THE SOUTH 140 FEET OF THE EAST 200 FEET.
NOTE: THE AREA AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE
COMPUTED TO THE CENTERS OF ADJOINING STREETS SHOWN ON SAID MAP.
APN: 0229-151-20-0000
THE EAST 260 FEET OF LOT 432, FONTANA ARROW ROUTE TRACT NO. 2102, AS PER
PLAT RECORDED IN BOOK 31, PAGES 11 THROUGH 15, INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE NORTH 70 FEET OF THE EAST 185 FEET THEREOF.
ALSO EXCEPTING THE SOUTH 165 FEET THEREOF.
Resolution No. 19-006 — Page 4 of 7
APN: 0229-161-09-0000
THAT PORTION OF LOT 434, FONTANA ARROW ROUTE TRACT NO. 2102, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 31, PAGES 11 THROUGH 15, INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 70 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 434;
THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID LOT, 330 FEET TO THE NORTH
LINE OF SAID LOT; THENCE EAST ALONG SAID NORTH LINE 70 FEET TO THE WEST LINE
OF THE LAND CONVEYED TO EDWARDO FELIX AND MARY FELIX, HUSBAND AND WIFE
AS JOINT TENANTS, BY DEED RECORDED OCTOBER 30, 1944 IN SAID FELIX PROPERTY,
330 FEET TO THE SOUTH LINE OF SAID LOT; THENCE WEST 70 FEET TO THE POINT OF
BEGINNING. AREAS AND DISTANCES ARE COMPUTED TO THE CENTER LINE OF ALL
ADJOINING STREETS AND ROADS AS SHOWN ON SAID MAP.
APN: 0229-161-10-0000
THE WEST 70 FEET OF THE EAST 190 FEET OF LOT 434, FONTANA ARROW ROUTE
TRACT NO. 2102, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGES 11
THROUGH 15, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
APN: 0229-161-11-0000
THAT PORTION OF LOT 434, FONTANA ARROW ROUTE TRACT NO. 2102, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 31, PAGES 11 THROUGH 15, INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 60 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 434;
THENCE WEST 60 FEET; THENCE NORTH 330 FEET; THENCE EAST 60 FEET; THENCE
SOUTH 330 FEET TO THE POINT OF BEGINNING.
APN: 0229-161-12-0000
THE EASTERLY 60 FEET OF LOT 434, FONTANA ARROW ROUTE TRACT NO. 2102, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 31, PAGES 11 THROUGH 15, INCLUSIVE OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Assessor's Parcels Numbers of the Property:
APN: 0229-151-10-0000
APN: 0229-151-12-0000
APN: 0229-151-20-0000
APN: 0229-161-09-0000
APN: 0229-161-10-0000
APN: 0229-161-11-0000
APN: 0229-161-12-0000
Resolution No. 19-006 — Page 5 of 7
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 DRC2018-00183:
2 new LED street lights on the north side of Whittram Avenue between Pecan Avenue and Hickory
Avenue.
Resolution No. 19-006 — Page 6 of 7
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 DRC2018-00183:
Land Use
EBU
Basis Factor*
Rate per
EBU*
Commercial/ Industrial
Acre 1.00
$51.40
The proposed annual assessment for the property described in Exhibit A is as follows:
3.52 acres x 1 EBU x $51.40 = $180.93
Resolution No. 19-006 — Page 7 of 7
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