HomeMy WebLinkAbout10-122 - Resolutions RESOLUTION NO. 10-122
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. 6-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 June 4, 1986 by Resolution No. 86-171, 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. 6", (hereafter referred to as "LMD 6"); and
WHEREAS, on May 19, 2010 in response to a request from a coalition of owners of
property within LMD 6, 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 proceedings for the formation of
Landscape Maintenance District No. 6-R ("LMD 6-R") to replace LMD 6 and the levy of
assessments within LMD 6-R, so that property owners may approve increased funding for the
maintenance of improvements in order to provide an "A" level of service; and
WHEREAS, If the LMD 6-R is not approved by the property owners, LMD 6 shall
remain in place and the City may continue to adjust services to match the revenues provided by
the existing LMD 6 assessments; and
WHEREAS, at this time the City Council desires to declare its intention to form LMD 6-R
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 LMD 6-R; 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 LMD 6-R 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 LMD 6-R and
LMD 6-R assessment roll containing the Fiscal Year 2010/11 levy for each Assessor's parcel
within LMD 6-R, 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 LMD 6-R 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 Caryn Planned Community. These improvements are located within the
street right-of-ways and dedicated public easements which are within the boundaries of LMD 6-
R. 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 community trails,
fencing and irrigation systems, includes but is not limited to, grading and replacement of trail
surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, 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 LMD 6-R.
3. The proposed District is located in the City of Rancho Cucamonga. The
boundaries of LMD 6-R are generally described as that area located north of the 1-210 Freeway,
south of Banyan Street, west of Rochester Avenue and east of Milliken Avenue. The
boundaries also include Tract No. 13835 east of Rochester Avenue and Tracts No. 13748,
13857 & 13858 west of Milliken Avenue. Zone 1 is the area generally located west of Rochester
Avenue and east of Milliken Avenue. Zone 2 is the area generally located east of Rochester
Avenue and west of Milliken Avenue. LMD 6-R is designated by the name "Landscape
Maintenance District No. 6-R".
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 LMD 6-R
and the proposed assessments upon assessable lots and parcels of land within LMD 6-R.
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 September 1,
2010 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. 10-122 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 7`h day of July 2010.
AYES: Gutierrez, Kurth, Michael, Spaqnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, M. Mayor
ATTEST:
J nice C. Reynolds, Cit 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 July 2010.
Executed this 81 day of July 2010, at Rancho Cucamonga, California.
anice C. Reynolds, City Jerk
Resolution No. 10-122 - Page 3 of 3