HomeMy WebLinkAbout2022-151 - Resolution RESOLUTION NO.2022-151
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. 1 (ARTERIAL STREETS) FOR
DRC2018.00594
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. 1 (Arterial Streets) (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 2022-151 —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. 2022-151 —Page 2 of 6
PASSED, APPROVED, and ADOPTED this 7th day of December 2022
L. Denm�G%Mayor
ATTEST
e
ice C. Clerk
ice C. Reynolds, CNy 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 December 2022.
AYES: Hutchison, Kennedy, Michael, Scott
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 8'h day of December, 2022, at Rancho Cucamonga, California.
NV), f. ,ticc�kaldd
nice C. Reynolds, ity Clerk
Resolution No 2022-151 —Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is.
9325 Feron, LLC
The legal description of the Property is
That Portion Of The Southwest One-Quarter Of The Southeast One-Quarter Of Section 10,Township 1
South, Range 7 West, San Bernardino Meridian, in the City of Rancho Cucamonga, County of San
Bernardino, State of California, According To The Official Plat Thereof More Particularly Described As
Follows
Commencing At The Southwest Corner Of The Said Southeast One-Quarter Which Is Also The
Intersection Of The Centerline Of Hellman Avenue And The Centerline Of The A.T And S F Railroad,
Thence North 00° 03'41"West 457.47 Feet Along Said Centerline Of Hellman Avenue To A Point On
The Westerly Prolongation Of The Centerline Of Main Street, Thence South 89° 43'45" East 30 00 Feet
Along The Westerly Prolongation Of The Centerline Of Main Street To A Point Of Beginning, Thence
Continuing South 89° 43'45" East 183.50 Feet To The Point On The Westerly Boundary Of Parcel 1,
Parcel Map 4320, Thence South 00°03'41" East 236 96 Feet Along The Westerly Boundary; Thence
North 89° 43' 45"West 183 50 Feet, Thence North 00° 03'41"West 236 96 Feet Along A Line 30 00
Feet Easterly Of And Parallel With The Said Centerline Of Hellman Avenue To The True Point Of
Beginning
Except The Interest In The Portion Thereof Described As Follows:
That Portion Of The Southwest One-Quarter Of The Southeast One-Quarter Of Section 10,Township 1
South, Range 7 West, San Bernardino Meridian, In The City Of Rancho Cucamonga, County Of San
Bernardino, State Of California, According To The Official Plat Thereof, More Particularly Described As
Follows
Beginning At The Hereinbefore Described True Point Of Beginning. Thence Continuing South 89°43'45"
East 183 50 Feet; Thence South 0° 03'41" East 33 00 Feet, Thence North 89° 43'45"West 145 36 Feet
Along A Line 33 00 Feet Southerly Of And Parallel With The Said Westerly Prolongation Of The
Centerline Of Main Street (Feron), Thence Southwesterly 37.84 Feet Along A Tangent Curve To The
Southeast, Having A Radius Of 24 00 Feet And A Central Angle Of 90° 19' 56"To A Point Of Ending Of
Curve From Which A Radial Bears South 89° 56' 19" West, Thence South 0° 03'41" East 179.82 Feet
Along A Line 44 00 Feet Easterly Of And Parallel With The Said Centerline Of Hellman Avenue,
Thence North 89° 43'45"West 14.00 Feet, Thence North 0° 03'41"West 236 96 Feet Along A Line 30
Feet Easterly Of And Parallel With The Said Centerline Of Hellman Avenue To The True Point Of
Beginning.
Said Land Is Pursuant To That Certain Certificate Of Compliance For Lot Line Adjustment Recorded
August 21 1989 As Instrument No. 89-305227, Official Records.
Assessor's Parcels Numbers of the Property'
0209-032-57
Resolution No. 2022-151 — Page 4 of 6
•
Exhibit B
Description of the District Improvements
Fiscal Year 2019/20
Street Light Maintenance District No 1 (Arterial Streets).
Street Light Maintenance District No 1 (Arterial Streets) (the "Maintenance District") is used to
fund the maintenance and/or installation of street lights and traffic signals located on arterial
streets throughout the City. These sites consist of several non-contiguous areas throughout the
City.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
Proposed additions to the Improvements for Project DRC2018-00594:
None
Resolution No. 2022-151 — Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No.1 (Arterial Streets):
The rate per Equivalent Benefit Unit (EBU) is $17 77 for the fiscal year 2021/22. The following
table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets)
for DRC2018-00594:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Residential Parcel 1.00 $17 77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17 77
The proposed annual assessment for the property described in Exhibit A is as follows.
0.79 (Parcels or Acres) x 2 EBU Factor x $17 77 Rate per EBU = $ 28.08 Annual
Assessment
Resolution No. 2022-151 — Page 6 of 6