HomeMy WebLinkAbout2021-117 - Resolution RESOLUTION NO. 2021-117
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
CASE NO. DRC2015-00681
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. 2021-117— Page 1 of 6
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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 Distri t 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. Onlyspecial benefits will be assessed on the Territory b the levy f
e o
p rY Y Y
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. 2021-117— Page 2 of 6
PASSED, APPROVED, and ADOPTED this 31 day of November 2021.
L
L.I%PhMichael, May
ATTEST:
Q,k- f.
nice C. Reynolds, tity 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 3rd day of
November 2021.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 4th day of November, 2021, at Rancho Cucamonga, California.
ds'nice C. Reynolds, Ci y Clerk
Resolution No. 2021-117- Page 3 of 6
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
BAHMAN NiiATANZI
The legal description of the Property is:
THE WESTI220 FEET OF THE SOUTH 220 FEET OF THE WEST%2 OF THE SOUTH '/2 OF
THE SOUTHWEST Y OF THE NORTHWEST'/4 OF SECTION 11, TOWNSHIP 1 SOUTH,
RANGE 7 WEST, IN RANCHO CUCAMONGA, AS SHOWN ON THE MAP OF CUCAMONGA
LANDS, IN I HE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF
SAID COUNTY.
EXCEPT TOE SOUTH 40 FEET, AS GRANTED FOR HIGHWAY PURPOSES TO THE
COUNTY OF SAN
BERNARDINO BY DEED RECORDED NOVEMBER 6, 1924 IN BOOK 876 PAGE 22 OF
DEEDS. i
ALSO EXCEPT THAT PORTION GRANTED TO THE COUNTY OF SAN BERNARDINO BY
DEED RECORDED JULY 1, 1964 IN BOOK 6181 PAGES 169 AND 172 OF OFFICIAL
RECORDS,!:,DESCRIBED AS FOLLOWS:
BEGINNING; AT THE WEST '/ CORNER OF SAID SECTION 11, SAID '/ CORNER ALSO
BEING THE SOUTHWEST CORNER OF SAID 220 FEET OF THE SOUTH 220 FEET OF THE
WEST %2 O THE SOUTH Y2 OF THE SOUTHWEST '/ OF THE NORTHWEST '/ OF SAID
SECTION; HENCE NORTH 0° 09' 45" WEST ALONG THE WEST LINE OF SAID SECTION,
A DISTANCE OF 220 FEET; THENCE SOUTH 89' 45' 27" EAST ALONG A LINE PARALLEL
WITH THE SOUTH LINE OF THE NORTHWEST'/ OF SAID SECTION 11 A DISTANCE OF
40.00 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN PARALLEL WITH, A
DISTANCE OF 40.00 FEET EAST FROM THE SAID WEST LINE OF SECTION 11; THENCE
SOUTH 00 09' 45" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 150.00 FEET;
THENCE SOUTH 440 57' 36" EAST, 28.39 FEET, MORE OR LESS, TO A POINT ON A LINE
DRAWN PARALLEL WITH AND DISTANT 50.00 FEET NORTH FROM THE SOUTH LINE OF
SAID NORTHWEST '/; THENCE SOUTH 89° 45' 27" EAST ALONG SAID PARALLEL LINE, A
DISTANCE OF 160 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE WEST
220 FEET; THENCE SOUTH 0° 09' 45" EAST ALONG SAID EAST LINE, 50 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTHWEST '/ OF SECTION 11; THENCE NORTH
890 45' 27"WEST ALONG SAID SOUTH LINE A DISTANCE OF 220 FEET TO THE POINT OF
BEGINNING.
Assessor's Parcels Numbers of the Property:
0208-291-05
Resolution No. 2021-117— Page 4 of 6
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
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 Case No. DRC2015-00681:
2 Street lights
Resolution No. 2021-117— 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 Case No. DRC2015-00681:
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:
0.70 Acres x 2.0 EBU Factor x $17.77 Rate per EBU = $24.88 Annual Assessment
Resolution No. 2021-117- Page 6 of 6