HomeMy WebLinkAbout14-084 - Resolutions RESOLUTION NO. 14-084
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
PARCEL MAP 19448
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. 14-084- Page 1 of 8
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. 14-084 - Page 2 of 8
PASSED, APPROVED, AND ADOPTED this 211` day of May 2014.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
� 1
L.jXnAis Michael, Mayor
ATTEST:
&l -e, (�
I&
ice C. Reynolds, City Jerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 2111 day of May 2014.
Executed this 22"d day of May 2014, at Rancho Cucamonga, California.
0'V'LIL eAtxa&
ce C. Reynolds, City Clerk
Resolution No. 14-084 - Page 3 of 8
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
GOODMAN RANCHO SPE LLC
The legal description of the Property is:
SEE ATTACHED EXHIBIT "A"
Assessor's Parcels Numbers of the Property:
229-131-04
229-131-17
229-131-25
Resolution No. 14-084 - Page 4 of 8
E'X#1 B l r "A "
LEGAL DESCRIPTION
Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California,
described as follows:
TENTATIVE PARCEL MAP NO. 19448, BEING A DIVISION OF THE FOLLOWING:
PARCEL 1:
THE NORTHERLY 409.82 FEET OF LOT 1 TRACT NO. 5377, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN
BOOK 62, PAGE 90 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA.
PARCEL 2:
THE EAST 25 ACRES OF THE NORTH 50 ACRES OF THE SOUTHEAST QUARTER (SEI/4) OF
SECTION 8,TOWNSHIP 1 SOUTH, RANGE 6 WEST, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAN BERNARDINO MERIDIAN,
ACCORDING TO GOVERNMENT SURVEY.
PARCEL 3:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND BEING A PORTION OF LOT 1 AS
SAID LOT IS SHOWN ON THE CERTAIN MAP ENTITLED TRACT NO. 5377, FILED IN BOOK 62,
PAGE 90 OF MAPS, RECORDS OF SAID SAN BERNARDINO COUNTY, SAID PORTION BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 1, DISTANT THEREON SOUTH
000 24'25" WEST 771.82 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE
FROM SAID POINT OF BEGINNING SOUTH 890 51'46" EAST. 1325.49 FEET TO A POINT ON THE
EASTERLY LINE OF SAID LOT 1;THENCE ALONG LAST SAID EASTERLY LINE NORTH 000 22'55"
EAST 767.73 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 1;THENCE NORTH 890 41'
10" WEST, 1325.14 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE ALONG
THE WESTERLY LINE OF SAID LOT 1, SOUTH 000 243'25"WEST 771.82 FEET TO THE POINT
OF BEGINNING.
EXCEPT THEREFROM THE NORTHERLY 409.82 FEET OF THE ABOVE MENTIONED LOT 1.
PARCEL 4:
PARCEL"B" AS DEFINED AND DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE
NO. 438 FOR LOT LINE ADJUSTMENT RECORDED AUGUST 30, 1999 AS INSTTRUMENT NO.
19990365325, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, AND BEING DESCRIBED AS
FOLLOWS:
LOTS 1, 3, 4, 5 AND 6 OF THE WEST ETIWANDA LAND AND TOWN COMPANY SUBDIVISION, IN
THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 15, PAGE 12 OF MAPS, RECORDS OF SAN BERNARDINO
COUNTY.
ALSO THE NORTHERLY 79.75 FEET OF THE EASTERLY 623.09 FEET OF PARCEL 2 OF PARCEL
Resolution No. 14-084 - Page 5 of 8
MAP NO. 7847, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH
51, RECORDS OF SAN BERNARDINO COUNTY.
PARCELS:
THE NORTH 292 FEET OF THAT PORTION OF LOTS 7, 8 AND 9 OF SUBDIVISION OF WEST
ETIWANDA LAND AND TOWN CO., IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 15, PAGE 12 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE
PORTIONS OF SECOND STREET, MULBERRY AVENUE AND BRUCE AVENUE VACATED BY ORDER
OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, A CERTIFIED COPY OF
WHICH WAS RECORDED SEPTEMBER 27, 1934 IN BOOK 1001, PAGE 30, OFFICIAL RECORDS OF
SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF LOTS 9 AND 11 OF SAID SUBDIVISION, A DISTANCE OF 647.05 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 11; THENCE EASTERLY 1284.7 FEET TO THE
SOUTHEAST CORNER OF LOT 7 OF SAID SUBDIVISION; THENCE NORTHERLY 604 FEET TO THE
SOUTHEAST CORNER OF LOT 6 SAID SUBDIVISION; THENCE WESTERLY ALONG THE
NORTHERLY LINES OF LOTS 7, 8 AND 9, A DISTANCE OF 1324.24 FEET TO THE POINT OF
BEGINNING.
APN: 0229-131-17 (Affects as to Parcels 1, 2 and 3), 0229-131-25 (Affects Parcel 4) and 0229-
131-04 (Affects Parcel 5)
Resolution No. 14-084 - Page 6 of 8
Exhibit B
Description of the District Improvements
Fiscal Year 2013-2014
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 Parcel Map 19448:
ARROW ROUTE STREET LIGHTS 12 EACH
ETIWANDA AVENUE STREET LIGHTS 7 EACH
Resolution No. 14-084- Page 7 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2013-2014
Street Light Maintenance District No.1 (Arterial Streets):
The following table summarizes the assessment rate for Street Light Maintenance District No.1
(Arterial Streets)for Parcel Map 19448:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Parcel 1.00 $17.77
Multi-Family Parcel 1.00 17.77
Commercial Acre 2.00 17.77
Vacant Acre 2.00 17.77
*EBU means Equivalent Benefit Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
74_74 Acres x 1.00 EBU Factor x $35.54 Rate per EBU = $ 2,656.26 Annual Assessment
Resolution No. 14-084- Page 8 of 8