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Home My WebLink About2020-088 - Resolution RESOLUTION NO. 2020-088 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. 7 (NORTH ETIWANDA) FOR CASE NO. SUBTT19917 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. 7 (North Etiwanda) (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. 2020-088— 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. 2020-088— Page 2 of 6 PASSED, APPROVED and ADOPTED this 5 1h day of August, 2020. ennis Michael, Mayor ATTEST: L M�'ynolds�aniceX. City Clerr- 17 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss CITY OF RANCHO CUCAMONGA 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 5 1h day of August 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 6 1h day of August, 2020, at Rancho Cucamonga, California. 'Z-49ni e C. Reynolds, City Cje"rk Resolution No. 2020-088 - Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: Emaar Enterprise Shareef Awad, CEO 998 S. Teakwood Ave Bloomington CA 92316 909-519-1355 The legal description of the Property is: ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, LYING WITHIN THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, AS CONVEYED TO THE STATE OF CALIFORNIA, PURSUANT TO A GRANT DEED RECORDED OCTOBER 12, 1995, AS DOCUMENT NO. 19950352692 OF OFFICIAL RECORDS, IN THE OFFICE OF THE SAN BERNARDINO COUNTY RECORDER. EXCEPTING THEREFROM, THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 27, DISTANT NORTH 0000"28" WEST 60.02 FEET FROM THE NORTHWEST CORNER OF THAT CERTAIN PARCEL CONVEYED TO THE STATE OF CALIFORNIA, PURSUANT TO A GRANT DEED RECORDED SEPTEMBER 24, 1974 IN BOOK 8522, PAGE 54 ET SEQ. OF SAID OFFICIAL RECORDS; THENCE NORTH 88044'28" EAST 331.15 FEET, TO A POINT ON THE EAST LINE OF THE WEST ONE-HALF OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, DISTANT NORTH 0000'44" WST 60.14 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL. Assessor's Parcels Numbers of the Property: 0226-102-30-0000 Resolution No. 2020-088— Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2019/20 Street Light Maintenance District No. 7 (North Etiwanda): Street Light Maintenance District No. 7 (North Etiwanda) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north of Highland Avenue within the incorporated area of the City. 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 North Etiwanda area. Proposed additions to the Improvements for Project SUBTT19917: 7 new street lights between Copley Drive and Wilshire Drive. Resolution No. 2020-088 — Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2019/20 Street Light Maintenance District No. 7 (North Etiwanda): The rate per Equivalent Benefit Unit (EBU) is $33.32 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda) for SUBTT19917: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Unit 1.00 $33.32 Multi-Family Residential Unit 0.50 33.32 Non-Residential Acre 2.00 33.32 The proposed annual assessment for the property described in Exhibit A is as follows: 10 Parcels x 1 EBU Factor x $33.32 Rate per EBU = $333.20 Annual Assessment Resolution No. 2020-088— Page 6 of 6