HomeMy WebLinkAbout14-185 - Resolutions RESOLUTION NO. 14-185
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. 2 (LOCAL STREETS) FOR
DRC2013-01001
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. 2 (Local 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. 14-185 — 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. 14-185—Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 1s'day of October 2014.
AYES: Alexander, Michael, Steinorth, Williams
NOES: None
ABSENT: Spagnolo
ABSTAINED: None
1
D nnis Michael, Mayor
ATTEST:
OaAu'`mac.- e--•
J�ice C. Reynolds, City Clerk
1, 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 1 sc day of October 2014.
Executed this 2ntl day of October 2014, at Rancho Cucamonga, California.
Quv;' &-c -. &gid)
,dice C. Reynolds, City Jerk
Resolution No. 14-185— Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
HE WANG
The legal description of the Property is:
PARCEL A:
PARCEL 2 OF PARCEL MAP 3381, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30,
PAGE(S) 52, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY, RECORDER OF SAID
COUNTY.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR STREET PURPOSES OVER THE WESTERLY 30.00
FEET OF THE SOUTH 460.00 FEET OF THE EAST 1/2 OF LOT 9, SHOWALTERS
SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
PLAT RECORDED IN BOOK 19 OF MAPS, PAGE 75„ RECORDS OF SAID COUNTY.
NOTE: THE AREA AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE
COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP.
PARCEL C:
AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30.00 FEET OF PARCEL
NO. 1 OF PARCEL MAP NO. 3381, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 30, PARCEL MAPS, PAGE 52, RECORDS
OF SAID COUNTY.
Assessor's Parcels Numbers of the Property:
1074-281-09
Resolution No. 14-185— Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2014/2015
Street Light Maintenance District No. 2 (Local Streets):
Street Light Maintenance District No. 2 (Local Streets) (the "Maintenance District') is used to fund
the maintenance and/or installation of street lights and traffic signals located on local streets
throughout the City but excluding those areas already in another local maintenance district.
Generally, this area encompasses the residential area of the City west of Haven Avenue.
The sites maintained by the District consist of street lights on local streets and traffic signals (or
a portion thereof) on local streets generally west of Haven Avenue.
Proposed additions to the Improvements for Project DRC2013-01001:
Street Light 0
Resolution No. 14-185— Page 5 of 6
Exhibit C
Proposed Annual Assessment
Fiscal Year 2014/2015
Street Light Maintenance District No. 2 (Local Streets):
The following table summarizes the assessment rate for Street Light Maintenance District No. 2
(Local Streets) for DRC2013-01001:
EBU Rate per
Land Use Basis Factor* EBU*
Single Family Parcel 1.00 $39.97
Multi-Family Unit 1.00 39.97
Commercial Acre 2.00 39.97
Vacant Acre 2.00 39.97
*EBU means Equivalent Benefit Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcels x 1 EBU Factor x $39.97 Rate per EBU = $39.97 Annual Assessment
Resolution No. 14-185— Page 6 of 6