HomeMy WebLinkAbout2020-102 - Resolution RESOLUTION NO. 2020-102
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. 6 (COMMERCIAL INDUSTRIAL)
FOR CASE NO. DRC2018-00430
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. 6 (Commercial Industrial)(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
XI I I 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. 2020-102 — Page 1 of 9
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. 2020-102— Page 2 of 9
PASSED, APPROVED, and ADOPTED this 1611 day of September 2020.
L. Dennis Michael,
ATTEST:
jag� -e'
ice C. Reynolds, City Jerk
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 16th day of
September 2020.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 17th day of September, 2020, at Rancho Cucamonga, California.
—Q*V� 410a�
ice C. Reynolds, City Clerk
Resolution No. 2020-102— Page 3 of 9
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
RICHARD COLLINS JR., TRUSTEE OF THE COLLINS FAMILY TRUST OF 2019
The legal description of the Property is:
PARCEL NO. 1:
LOT 9, ACCORDING TO PLAT OF SUBDIVISION OF LOT 10 OF CUCAMONGA
VINEYARD TRACT, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 20 OF
MAPS, PAGE 44, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS
SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA RAILWAY
COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS,
PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD
AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY
LINE 150.00 FEET; THENCE SOUTH 88° 47' 10" EAST, AT RIGHT ANGLES, 245 FEET,
MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF
LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 1662,
PAGE 246, OFFICIAL RECORDS; THENCE SOUTH 44' 09' 50" EAST ALONG SAID
SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID NORTHERLY LINE OF
RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE,
A DISTANCE OF 415 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, LYING EASTERLY
AND
NORTHERLY OF THE WESTERLY AND SOUTHERLY LINES OF THE PROPERTY
CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY
CORPORATE AND POLITIC BY DEED RECORDED JANUARY 30, 1979 IN BOOK 9611,
PAGE 694, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 9, CONVEYED TO THE
CITY OF RANCHO CUCAMONGA, BY DEED RECORDED JANUARY 21, 1981,
INSTRUMENT NO. 81-14591, OFFICIAL RECORDS.
PARCEL NO. 2:
Resolution No. 2020-102— Page 4 of 9
A PARCEL OF LAND SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF SAN
BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN
PARCEL OF LAND AS DESCRIBED IN DEED DATED FEBRUARY 11, 1948 FROM
AGENES T. BONESS, ET AL., TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY RECORDED MARCH 8, 1948, IN BOOK 2036, PAGE 36 ET SEQ. OF THE
RECORDS OF SAID SAN BERNARDINO COUNTY, DESCRIBED FOR REFERENCE AS
FOLLOWS:
AN IRREGULAR SHAPED PARCEL OF LAND NEAR CUCAMONGA, IN THE COUNTY
OF SAN
BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 9, OF "A
SUBDIVISION OF LOT 10 OF THE CUCAMONGA VINEYARD TRACT" AS SHOWN ON
PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY,
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS
SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY
COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS,
PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD
AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY
LINE 150.00 FEET; THENCE SOUTH 88' 47' 10" EAST, AT RIGHT ANGLES, 245 FEET,
MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF
LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED IN BOOK 1662,
PAGE 246, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 44' 12' 50" EAST,
ALONG SAID SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID
NORTHERLY LINE OF RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID
RIGHT OF WAY LINE A DISTANCE OF 415 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN DEED
DATED JULY 21, 1981, FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY TO THE CITY OF RANCHO CUCAMONGA RECORDED OCTOBER 8, 1981,
INSTRUMENT NO. 81-223339, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY,
DESCRIBED IN SAID DEED FOR REFERENCE AS FOLLOWS:
A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, IN THE SOUTHWEST 1/4 OF SECTION 10,
TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN,
BEING THAT PORTION OF THAT CERTAIN 1.1. ACRE PARCEL OF LAND DESCRIBED
IN DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY,
RECORDED IN BOOK 2036, PAGE 36, OFFICIAL RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF VINEYARD
AVENUE (60 FEET WIDE) AS SAID AVENUE ON MAP ENTITLED "PLAT OF A
Resolution No. 2020-102 — Page 5 of 9
SUBDIVISION OF LOT 10 CUCAMONGA VINEYARD TRACT", RECORDED IN BOOK
20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, WITH THE NORTHERLY LINE
OF SAID RAILWAY COMPANY'S 100-FOOT WIDE PROPERTY AS SAID PROPERTY IS
DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY
(PREDECESSOR IN INTEREST TO FIRST SAID RAILWAY COMPANY), RECORDED IN
VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, SAID
INTERSECTION BEING ALSO THE SOUTHWEST CORNER OF SAID 1.1. ACRES
PARCEL; THENCE NORTH 00 DEG. 02' 39" EAST (BEARING ASSUMED FOR PURPOSE
OF THIS DESCRIPTION) ALONG THE WESTERLY LINE OF SAID 1.1 ACRE PARCEL
150.00 FEET TO THE NORTHWESTERLY CORNER OF SAID 1.1. ACRE PARCEL;
THENCE SOUTH 89 DEG. 57' 21" EAST ALONG THE NORTHERLY LINE OF SAID 1.1
ACRES PARCEL, 22.94 FEET; THENCE SOUTH 1 DEG. 40' 01" WEST, 150.12 FEET TO A
POINT IN THE NORTHERLY LINE OF SAID I00-FOOT WIDE PROPERTY; THENCE
WESTERLY ALONG THE NORTHERLY LINE OF SAID 100-FOOT WIDE PROPERTY,
BEING ALONG THE ARC OF A CURVE FROM WHICH A RADIAL BEARS SOUTH 00
DEG. 16' 47" WEST, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5779.65
FEET, THROUGH A CENTRAL ANGLE OF 00 DEG. 11' 07", A DISTANCE OF 18.68 FEET
TO POINT OF BEGINNING.
ALSO, EXCEPTING FROM THE ABOVE DESCRIBED 1.1 ACRE PARCEL ALL OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN DEED DATED MAY 22, 1981, FROM THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 20, 1981,
INSTRUMENT NO. 81-232717, OFFICIAL RECORDS, DESCRIBED IN SAID DEED FOR
REFERENCE AS FOLLOWS:
A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, BEING THAT PORTION OF THAT CERTAIN
1.1 ACRE PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY RECORDED IN BOOK 2036, PAGE 36, OFFICIAL
RECORDS OF SAID COUNTY, IN LOT 9 OF "A SUBDIVISION OF LOT 10 OF THE
CUCAMONGA VINEYARD TRACT", AS SAID SUBDIVISION IS SHOWN ON MAP
RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID 1.1 ACRE PARCEL;
THENCE NORTH 44 DEG. 17' 54" WEST (BEARING ASSUMED FOR THE PURPOSE OF
THIS DESCRIPTION) ALONG THE NORTHEASTERLY LINE OF SAID 1.1 ACRE
PARCEL, 230.69 FEET TO THE NORTHEASTERLY CORNER OF SAID 1.1 ACRE
PARCEL; THENCE NORTH 89 DEG. 57' 21" WEST ALONG THE NORTHERLY LINE OF
SAID 1.1 ACRE PARCEL, 14.02 FEET; THENCE SOUTH 43 DEG. 39' 25" EAST, 226.37
FEET TO A POINT IN THE SOUTHERLY LINE OF SAID 1.1 ACRE PARCEL; THENCE
EASTERLY ALONG SAID SOUTHERLY LINE, BEING ALONG THE ARC OF A CURVE
FROM WHEN A RADIAL BEARS SOUTH 3 DEG. 59' 26" WEST, CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 5779.65 FEET, THROUGH A CENTRAL
ANGLE OF 0 DEG. I F 15", A DISTANCE OF 18.91 FEET TO POINT OF BEGINNING.
Resolution No. 2020-102 — Page 6 of 9
ALSO EXCEPTING FROM HEREINABOVE PARCEL NO. 2, ALL MINERALS
CONTAINED IN THE ABOVE-DESCRIBED LAND, INCLUDING, WITHOUT LIMITING
THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES,
AS WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE
SHALL NOT HAVE THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LANDS,
OR ANY PART THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR
OTHERWISE REMOVING, ANY OF SAID MINERALS, SANTA FE MAY, HOWEVER
AND HEREBY RESERVES THE RIGHT TO, REMOVE ANY OF SAID MINERALS FROM
SAID LAND BY MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF
ACCESS TO SAID MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG
FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS BY SANTA
FE SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF
SAID LAND OR OF ANY IMPROVEMENTS THEREON, AS RESERVED BY THE
CLURMAN COMPANY, INC., A CALIFORNIA CORPORATION, IN GRANT DEED
RECORDED MAY 13, 1994, INSTRUMENT NO. 94-221520, OFFICIAL RECORDS
Assessor's Parcels Numbers of the Property:
0209-013-13-0-000 & 0209-013-44-0
Resolution No. 2020-102— Page 7 of 9
Exhibit B
Description of the District Improvements
Fiscal Year 2020/21
Street Light Maintenance District No. 6 (Commercial Industrial):
Street Light Maintenance District No. 6 (the "Maintenance District') is used to fund the
maintenance and/or installation of street lights and traffic signals located on commercial and
industrial streets throughout the City but excluding those areas already in a local maintenance
district. Generally, this area encompasses the industrial area of the City south of Foothill
Boulevard
The sites maintained by the district consist of street lights on industrial or commercial streets and
traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill
Boulevard.
Proposed additions to the Improvements for Project Case No. DRC2018-00430:
0 Street lights
Resolution No. 2020-102 — Page 8 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2020/21
Street Light Maintenance District No. 6 (Commercial Industrial):
The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2019/20. The following
table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial
Industrial)for Case No. DRC2018-00430:
EBU Rate per
Land Use Basis Factor* EBU*
Commercial/ Industrial Acre 1.00 $51.40
The proposed annual assessment for the property described in Exhibit A is as follows:
1.56 Acres x 1.00 EBU Factor x $51.40 Rate per EBU = $80.18 Annual Assessment
Resolution No. 2020-102 — Page 9 of 9