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HomeMy WebLinkAbout09-203 - Resolutions RESOLUTION NO. 09-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 8-R AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, on November 1, 1989 by Resolution No. 89-537, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 8", (hereafter referred to as"LMD 8"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for the formation of Landscape Maintenance District No. 8-R ("LMD 8-R") to replace LMD 8 and the levy of assessments within LMD 8-R, so that property owners may approve increased funding for the maintenance of improvements; and WHEREAS, NBS has been directed to prepare and file an Engineer's Report for the levy and collection of annual assessments within LMD 8-R. NBS has determined that in order to comply with the Assessment Law, it is necessary to form a new, replacement district; and WHEREAS, the replacement Landscape Maintenance District is to be known and designated as "Landscape Maintenance District No. 8-R", (hereafter referred to as the "District"). If the proposed replacement District is not approved by the property owners, the existing LMD 8 remains in place and the City may continue to adjust services to match the revenues provided by the existing LMD 8 assessments; and WHEREAS, at this time the City Council desires to declare its intention to form the District and to provide for the levy and collection of annual assessments, beginning with the next ensuing fiscal year, to provide for the costs and expenses necessary to pay for the maintenance and servicing of the improvements (defined below) within the District; and WHEREAS, the Engineer's Report has been filed with the City Clerk and submitted to this City Council in accordance with the Assessment Law; and WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented and is preliminary satisfied with the proposed formation, each and all of the budget items and documents as set forth therein and is satisfied that the levy amounts, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services within the District as set for in said Engineer's Report. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. That the Engineer's Report as presented, consisting of the following: a description of improvements, the estimated costs of improvements, a diagram for the District and the District assessment roll containing the Fiscal Year 2010/11 levy for each Assessor's parcel within the District, is hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection. 2. It is the Intention of the City Council to order the formation of the District and to levy and collect assessments to pay the annual costs and expenses for the maintenance and servicing of improvements within said District. The improvements are the maintenance and servicing of the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the Etiwanda South Area. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, and irrigation systems control, adjustment, repair and replacement. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. 3. The proposed District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area south of the 1-210 Freeway along Fisher Drive, east of East Avenue, including the south side of Highstone Manor Court, the south side of Smokestone Street, and to the San Bernardino County Flood Control drainage basin on east side. The District also includes APNs 0227-051-30 and 0227-051-32 that annexed into the original LMD 8 by Resolution No. 90-374. 4. The Engineer's Report as preliminarily approved by the City Council, is on file with the City Clerk and open for public inspection. Reference is made to the Engineer's Report for a full detailed description of the improvements to be maintained, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. 5. Notice is hereby given that a Public Hearing is scheduled to be held at the City of Rancho Cucamonga, Council Chambers, 10500 Civic Center Drive, California on December 2, 2009 at 7:00 pm. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements or written communication made or filed by any interested person in regards to the proposed District. 6. The City Clerk is hereby directed to give notice of the Public Hearing by mailing the Notice of Public Hearing and Assessment Ballot Procedure and filing of the Engineer's Report, together with the assessment ballot materials to the record owners of all real property proposed to be assessed in accordance with Section 53753 of the Government Code and Section 4 of Article XIIID of the California Constitution. Please see the following page for formal adoption,certification and signatures Resolution No. 09-203 — Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 7`" day of October 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: QST ice C. Reynolds, City Clerk I, 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 7`h day of October 2009. Executed this 8'" day of October 2009, at Rancho Cucamonga, California. #nice C Reynolds, City Jerk Resolution No. 09-203 - Page 3 of 3