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HomeMy WebLinkAbout13-040 - Resolutions RESOLUTION NO. 13-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ASSESSMENT ENGINEER'S REPORT, DECLARING ITS INTENTION TO INCREASE ASSESSMENTS FOR VICTORIA NEIGHBORHOOD PARKS AND LANDSCAPE MAINTENANCE DISTRICT (LMD 2) 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 September 1, 1982 by Resolution No. 82-157, the City Council of the City of Rancho Cucamonga ("City'), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") (California Streets and Highways Code section 22500 et seq.) established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 2;" and WHEREAS, the City desires to re-designate the district as "Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)" (hereafter, referred to as the "District"); and WHEREAS, the Victoria Neighborhood Parks and Landscape Maintenance District funds landscaping services in the Victoria neighborhood to maintain the character of the neighborhood; and WHEREAS, this measure maintains miles of paseos for walking and biking, providing safe routes to school, and also maintains lighting in local parks and along paseos; and WHEREAS, this measure will continue to fund maintenance activities such as removing graffiti from park buildings and along paseos and pathways, cleaning park restrooms, fixing broken sprinklers, and cleaning up trash; and WHEREAS, the District needs additional funding to invest in drought-tolerant plants, grasses, and other landscaping that uses less water and requires less maintenance, which will reduce watering and maintenance costs; and WHEREAS, the assessment to maintain the maintain the Victoria neighborhood's parks, recreation facilities, and landscaping has not changed since 1993, while costs have continued to rise; and WHEREAS, funds are no longer sufficient to maintain the almost 8 million square feet of landscaped areas, landscape lighting, and sprinkler systems along roadways, community trails, paseos, sidewalks, and six parks throughout the Victoria neighborhood; and WHEREAS, to monitor expenditures, this measure requires annual independent audits published for public review, and a Citizens' Oversight Committee to review an annual financial audit of the District; and WHEREAS, the costs of servicing and maintaining the landscape improvements within the District have increased and the existing assessments levied therein are insufficient to service and maintain the landscape improvements at their current level; and WHEREAS, the City Council has determined it is appropriate to provide property owners within the District whose property is subject to the levy of assessments the opportunity to indicate their support for or opposition to the proposed increase of assessments within the District and provide for ongoing adjustments to the assessments for inflation; and WHEREAS, the City Council has retained NBS for the purpose of assisting with the proposed increase in assessments to be levied and to prepare and file a report with the City Clerk in accordance with the 1972 Act, Article XIIID, section 4 of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218") (California Government Code section 53750 et seq.), (the 1972 Act, Article XIIID, and Proposition 218 are collectively referred to as the "Assessment Law"); and WHEREAS, if the levy of the proposed increase in assessments within the District is not approved by the property owners, the existing District and assessments shall remain in place and the City may continue to adjust services to match the revenues provided by the existing District assessments as previously authorized and approved by the City Council; and WHEREAS, on March 20, 2012, by Resolution No. 13-030, the City Council initiated proceedings to increase the assessment and to levy assessments within the District to pay for increased costs of servicing and maintaining the improvements, and directed NBS to prepare and file an Engineer's Report for the levy and collection of annual assessments within the District. WHEREAS, at this time the City Council desires to declare its intention to increase the assessments within 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 servicing and maintaining the improvements (defined below) including an annual adjustment for inflation within the District, if approved by property owners; 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 increase in assessments, 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 benefits 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 2013/14 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 increase in the assessments within the District and to levy and collect the assessments to pay the annual costs and expenses for the servicing and maintenance of the improvements within said District, including an annual adjustment for inflation. Resolution No. 13-040 - Page 2 of 4 3. The improvements located in and serviced and maintained by the District generally include: the landscaping and associated landscape lighting and irrigation systems installed along the roadways, medians, and community trails; sidewalks; and 6 neighborhood parks (Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park, and Windrows Park) that are of direct and special benefit to the parcels within the District. These improvements are located within the street public rights-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/graffiti, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the parks and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence 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 costs and expenses of the District. 4. The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located south of the 1-210 Freeway, west of Etiwanda Avenue, southwest of the 1-15 Freeway and east of Haven Avenue, also known as the Victoria Planned Community. The District is hereby re-designated by the name of "Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)". 5. 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 serviced and maintained, the boundaries of the District, Engineer's estimate of the itemized total costs and expenses of servicing and maintaining the improvements and the incidental expenses in connection therewith, and the proposed assessments upon assessable lots and parcels of land within the District. 6. 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 June 5, 2013, at 7:00 pm or as soon thereafter as the matter may be heard. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements or written communications made or filed by any interested person in regards to the proposed District. 7. The City Clerk is hereby authorized and directed to give notice of the Public Hearing to affected property owners by mailing the Notice of Public Hearing and Assessment Ballot Procedure and filing of the Engineer's Report, together with the assessment ballots and ballot materials to the record owners of all real property proposed to be assessed within the District in accordance with Section 53753 of the California Government Code and Section 4 of Article XIII D of the California Constitution. Please see the following page for formal adoption,certification and signatures Resolution No. 13-040 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 17`h day of April 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None i L. De nis ichael, Mayor ATTEST: Oe4-� 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 17�h day of April 2013. Executed this 18'h day of April 2013, at Rancho Cucamonga, California. a ice C. Reynolds, Uy Clerk Resolution No. 13-040 - Page 4 of 4