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HomeMy WebLinkAbout19-012 - Resolution RESOLUTION NO. 19-012 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 20032 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. 19-012 — 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. 19-012 — Page 2 of 6 PASSED, APPROVED, AND ADOPTED this 6th day of March, 2019. ZC65�R—o�Iw� L. Dennis Michael, Mayor ATTEST: (j,�U/t� �19 €� anice C. Reynolds, C erk 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 6th day of March 2019. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 7th day of March, 2019, at Rancho Cucamonga, California. J66 C. Reynolds, Clerk Resolution No. 19-012 – Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: L. Dennis Michael The legal description of the Property is: BEING PORTIONS OF LOTS 21 AND 22 OF ORANGE EMPIRE ACRES TOGETHER WITH THAT PORTION OF VACATED RAILROAD AVENUE SOUTH, VACATED PER INSTRUMENT NO. 92-447926, RECORDED OCTOBER 28, 1992, TOGETHER WITH PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT NO. 2006-0406609, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 21, SAID POINT BEING SOUTH 00 DEG 12'36" WEST 575.70 FEET FROM THE NORTHWEST CORNER OF SAID LOT 21; THENCE, ALONG SAID WEST LINE AND ITS NORTHERLY PROLONGATION, NORTH 00 DEG 12'36" EAST 615.70 FEET TO THE NORTHWEST CORNER OF SAID INSTRUMENT NO. 92- 447926; THENCE, ALONG THE NORTH LINE OF SAID INSTRUMENT NO. 92-447926, SOUTH 89 DEG 11'41" EAST 342.01 FEET TO THE NORTHEAST CORNER OF SAID INSTRUMENT NO. 92-447926, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL 1 OFCERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT NO. 2006-0406609, THENCE, ALONG THE EAST LINE OF SAID INSTRUMENT NO. 92-447926 AND THE EAST LINE OF SAID LOT 22, SOUTH 00 DEG 12'48" WEST 418.19 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF FIREHOUSE COURT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PARCEL 2 AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 61.04 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 89 DEG 50'34" WEST; THENCE, LEAVING SAID EAST LINE AND ALONG SAID RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 28 DEG 2325" AN ARC LENGTH OF 30.25 FEET; THENCE, LEAVING SAID RIGHT-OF-WAY, SOUTH 42 DEG 24'52" WEST 51.92 FEET; THENCE SOUTH 89 DEG 17'07" WEST 195.07 FEET, THENCE SOUTH 44 DEG 17'06" WEST 171.66 FEET TO THE POINT OF BEGINNING. Assessor's Parcels Numbers of the Property: 1089-031-36-0000 Resolution No. 19-012 — Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2018/19 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 20032: None. Resolution No. 19-012 — Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2018/19 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2018/19. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for PARCEL MAP 20032: EBU Rate per Land Use Basis Factor* EBU* Sin le Famil Residential Unit 1.00 $17.77 Multi-Family Residential Unit 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: 140 Units x 1.00 EBU Factor x $17.77 Rate per EBU = $_ 2,487.80 Annual Assessment Resolution No. 19-012 — Page 6 of 6