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HomeMy WebLinkAbout2022-019 - Resolution RESOLUTION NO. 2022-019 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. 8 (SOUTH ETIWANDA) FOR CASE NO. DRC2014-01130 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. 8 (South Etiwanda) (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. 2022-019— 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. 2022-019— Page 2 of 8 PASSED, APPROVED, and ADOPTED this 191h day of January 2022. r ---X�I.--—�*4� L. nis Michael, Ma or ATTEST: ice C. Reynolds, City 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 19th day of January 2022. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 20th day of January, 2022, at Rancho Cucamonga, California. ice C. Reynolds,WClerk Resolution No. 2022-019— Page 3 of 8 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: FOOTHILL & EAST, LLC The legal description of the Property is: PARCEL 1: ALL THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTH OF LOT 9, BLOCK "Y" OF THE ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24 OF MAPS, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, BEING ALSO DESCRIBED AS A TRACT OF LAND INCLUDED IN BLOCK "Y" BOUNDED ON THE EAST BY THE PROLONGATION SOUTH OF THE EAST LINE OF SAID LOT 9 AND ON THE WEST BY THE PROLONGATION SOUTH OF THE WEST LINE OF SAID LOT 9 AND EXTENDING FROM SAID LOT 9 ON THE NORTH TO THE SOUTH BOUNDARY OF SAID BLOCK ON SOUTH, WHICH IS ALSO THE SOUTH LINE OF SAID 1/4 SECTION. EXCEPTING THEREFROM THE PARCEL OF LAND AS FOLLOWS: ALL OF THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY; THENCE NORTH 00 11' 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF 50.00 FEET; THENCE SOUTH 89' 24' 00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 80' 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11'13" EAST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89' 24' 00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 111.01 FEET; THENCE SOUTH 00 11' 13" WEST PARALLEL TO SAID CENTER-LINE OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89' 24'00"WEST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 160.02 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LYING WITHIN THE SOUTHWEST ONEQUARTER OF SECTION 4, TOWNSHIP. 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS CONVEYED TO THE CUCAMONGA VALLEY WATER DISTRICT BY DEED RECORDED JULY 7, 2005 AS INSTRUMENT NO. 2005-0486295 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 9 IN BLOCK "Y" OF THE ETIWANDA COLONY LANDS, PER PLAT RECORDED IN BOOK 2 PAGE 24 OF MAPS, RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WITH Resolution No. 2022-019— Page 4 of 8 THE SOUTHEAST LINE OF AN EASEMENT TO THE SOUTHERN CALIFORNIA GAS COMPANY AND THE SOUTHERN COUNTIES GAS COMPANY OF SOUTHERN CALIFORNIA, RECORDED MARCH 16, 1960 IN BOOK 5084, PAGE 134 OFFICIAL RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 9, A DISTANCE OF 150 FEET; THENCE SOUTHERLY PARALLEL WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE OF LOT 9, A DISTANCE OF 75 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF LOT 9 TO SAID SOUTHEAST LINE OF SAID EASEMENT; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LAND LYING WITHIN THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY; THENCE NORTH 0° IT 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF 50.00 FEET; THENCE SOUTH 89' 24*00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 80' 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11' 13" EAST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89' 24' 00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 111.01 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTER- LINE OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89' 24'00"WEST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET; THENCE SOUTH 00 IT 13"WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 160.02 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: ALL THAT PORTION OF THE EAST 1/2 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF, LYING WEST OF THE WEST LINE OF EAST AVENUE, AS SHOWN ON LICENSED LAND SURVEYORS MAP, IN BOOK 2, PAGE 62 RECORD OF SURVEYS, RECORDS OF SAID COUNTY, AND LYING SOUTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 9, BLOCK "Y", ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24 OF MAPS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM AN UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERALS AND AN UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND HEREIN DESCRIBED, AND THE RIGHT TO ENTER THEREON AND TO USE IN A PROPER MANNER SO MUCH OF THE SURFACE AS MAY BE REASONABLE FOR THE PURPOSE OF EXTRACTING THE OIL, GAS AND MINERAL THEREON AND THEREUNDER, AS RESERVED IN THE DEED FROM SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO WALTER T. CASEY, A MARRIED MAN, RECORDED AUGUST 21, 1937 IN BOOK 1219, PAGE 483 OFFICIAL RECORDS. THE RIGHT OF ENTRY WAS QUITCLAIMED BY THE SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO THE OWNER OR OWNERS OF RECORD, BY DEED DATED SEPTEMBER 24, 1952 AND RECORDED OCTOBER 10,1952 IN BOOK 3035, PAGE 303 OFFICIAL RECORDS. NOTE: SAID LAND IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK 2, PAGE 62 RECORD OF SURVEYS. Resolution No. 2022-019— Page 5 of 8 Assessor's Parcels Numbers of the Property: 1100-201-07-0-000 1100-201-03-0-000 1100-201-04-0-000 Resolution No. 2022-019— Page 6 of 8 Exhibit B Description of the District Improvements Fiscal Year 2021/22 Street Light Maintenance District No. 8 (South Etiwanda): Street Light Maintenance District No. 8 (South Etiwanda) (the "Maintenance District') is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally, this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. Proposed additions to the Improvements for Project Case No. DRC2014-01130: None Resolution No. 2022-019— Page 7 of 8 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No. 8 (South Etiwanda): The rate per Equivalent Benefit Unit (EBU) is $30.60 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda)for Case No. DRC2014-01130: EDU Rate per Land Use Basis Factor* EDU* Single Family Residential Parcel 1.00 $30.60 Multi-Family Residential Unit 1.00 30.60 Non-Residential Acre 2.00 30.60 The proposed annual assessment for the property described in Exhibit A is as follows: 193 Units x 1.00 EBU Factor x $30.60 Rate per EBU = $5,905.80 Annual Assessment Resolution No. 2022-019— Page 8 of 8