HomeMy WebLinkAbout14-120 - Resolutions RESOLUTION NO. 14-120
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO
PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2014/2015 IN LANDSCAPE
MAINTENANCE DISTRICT NO. 1, 2, 3A, 313, 4-R, 5, 6-R, 7, 8, 9 AND
10, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has
previously formed certain maintenance districts and authorized the levy of assessments therein
pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being
Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing
with Section 22500) (the "1972 Act") in what are known and designated as Landscape
Maintenance District No. 1, 2, 3A, 36, 4-R, 5, 6-R, 7, 8, 9 and 10, inclusive (each a "District" and
collectively, the "Districts"); and
WHEREAS, this City Council has initiated proceedings to provide for the annual levy of
assessments for Fiscal Year 2014/15, to finance the costs and expenses necessary for
continued maintenance and servicing of improvements within each District; and
WHEREAS, at this time, there has been presented and approved by this City Council, a
separate report for each District identified by the distinctive designation of such District and
entitled "Fiscal Year 2014/15 Annual Engineer's Report" (each, an "Annual Engineer's Report"
and collectively, the "Annual Engineer's Reports") as required pursuant to Article 4 of Chapter 1
of the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the
Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following)
(the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred
to collectively as the "Assessment Law"), and this City Council desires to conduct the
proceedings to authorize the levy of the annual assessments within each District; and
WHEREAS, the annual assessments for Fiscal Year 2014/15 proposed to be levied
within each District as set forth in the applicable report do not exceed the annual assessments
as previously authorized to be levied within such District and, therefore, the proposed levy of
assessments for Fiscal Year 2014/2015 within such District are not deemed to be "increased"
over the maximum authorized annual assessments.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City
Council of the City of Rancho Cucamonga, as follows:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Improvements and Maintenance and Servicing Thereof. The
public interest and convenience requires, and it is the intention of this City Council, to
undertake proceedings for the annual levy and collection of assessments within each
District for the continual maintenance and servicing of the improvements authorized to
be maintained and serviced within each such District.
Resolution No. 14-120 — Page 1 of 6
The improvements include, but are not limited to, turf, ground cover, planter
beds, shrubs, plants and trees, landscape lighting, irrigation systems, electrical energy
for irrigation controllers, hardscapes, entry signs, sound walls, and all associated
appurtenant facilities. A description of the specific improvements to be maintained and
serviced within each District is set forth in Appendix A attached hereto and incorporated
herein by this reference.
"Maintenance" may include the furnishing of services and materials for the
ordinary and usual maintenance, operation, and servicing of any improvement, including:
(a) repair, removal, or replacement of all or any part of any improvement; (b) providing
for the life, growth, health, and beauty of landscaping, including cultivation, irrigation,
trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of
trimmings, rubbish, debris, and other solid waste; (d) the cleaning, sandblasting, and
painting of walls and other improvements to remove or cover graffiti.
"Service" may include the furnishing of: (a) electric current or energy, gas, or
other illuminating agent for the lighting or operation of any improvements; and, (b) water
for the irrigation of any landscaping, the operation of any fountains, or the maintenance
of any other improvements.
Reference is made to the applicable Annual Engineer's Report for further
information regarding the improvements to be maintained and serviced for each District
and the scope of such maintenance and service.
SECTION 3. Annual Engineer's Reports. The Annual Engineer's Reports
regarding the annual levy for each District for Fiscal Year 2014/2015 have been
preliminarily approved and directed to be filed in the Office the City Clerk. Reference is
made to the applicable such report for each District for a full and detailed description of
the improvements to be maintained and serviced, the boundaries of such District and
any zones therein, and the proposed assessments upon assessable lots and parcels of
land within such District.
SECTION 4. Assessment. The public interest and convenience requires, and
it is the intention of this City Council to order the annual levy of assessments for each
District as set forth and described in the applicable Annual Engineer's Report, and
further it is determined to be in the best public interest and convenience to levy and
collect annual assessments to pay the costs and expenses of such maintenance and
service as estimated in such Annual Engineer's Report.
SECTION 5. Boundaries of Districts. The proposed maintenance and service
work as described in the Annual Engineer's Report for each District is, in the opinion of
this City Council, of special benefit to the properties within the boundaries of such
District, and this City Council makes the costs and expenses of such maintenance and
service chargeable upon each such District, which District said City Council hereby
declares to be the District specially benefited by such maintenance and service, and to
be further assessed pursuant to the Assessment Law to pay the costs and expenses
thereof. Each such District shall include each and every parcel of land within the
boundaries thereof; as such District is shown on a map or maps as approved by this City
Council and on file in the Office of the City Clerk, and so designated by the name of such
District.
Resolution No. 14-120 —Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 1611 day of July 2014.
AYES: Alexander, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
L. Dennis Michael ay
ATTEST:
) , 2
Ja 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 1611 day of July 2014.
Executed this 171h day of July 2014, at Rancho Cucamonga, California.
2-
Janice C. Re olds, City Clerk
Resolution No. 14-120 — Page 4 of 6
SECTION 6. Public Hearing. Notice is hereby given that a public hearing will
be held the 6'h day of August, 2014 at the hour of 7:00 o'clock p.m. or as soon thereafter
as the matter may be heard, in the regular meeting of the City Council, being in the
Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California,
which is the time and place fixed by this City Council for the hearing of protests or
objections in reference to the annual levy of assessments, to the extent of the
maintenance, by any interested person and any other matters contained in this
resolution. Any persons who wish to object to the proceedings for the annual levy should
file a written protest with the City Clerk prior to the time set and scheduled for said public
hearing.
SECTION 7. For Information Regarding Proceedings. For any and all
information relating to the proceedings, protest procedure, any documentation and/or
information of a procedural or technical nature, your attention is directed to the below
listed person at the City:
Ingrid Bruce
GIS/Special Districts Manager
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
(909) 477-2700, Ext 2575
SECTION 8. Notice. The City Clerk is hereby authorized and directed to
publish, pursuant to Government Code Section 6061, a copy of this Resolution in the
Inland Valley Daily Bulletin, a newspaper of general circulation within said City, said
publication shall be made one time and not less than ten (10) days before the date set
for the Public Hearing.
Resolution No. 14-120 — Page 3 of 6
Appendix A
Descriptions of Improvements
This Appendix A contains general descriptions of the improvements to be maintained
and serviced within each of the Districts. Please refer to the Annual Levy Reports for a full and
complete description of the maintenance and service to be provided for each District.
Landscape Maintenance District No. 1
Landscaping:
Parkways (includes turf and ground cover)
Median Islands (includes turf and ground cover)
Paseos
Street Trees
Entry Monuments
Community Trails
Parks: (Parks within LMD No. 1 include: Bear Gulch Park, East and West Beryl Park, Old Town
Park, Church Street Park, Golden Oaks Park, Hermosa Park, Lions Park, and Don
TiburcioTapia Park (undeveloped).
Victoria Neighborhood Parks and Landscape Maintenance District No. 2
Landscaping:
Parkways (includes turf and ground cover)
Median Islands (includes turf and ground cover)
Paseos
Street Trees
Entry Monuments
Parks: (Parks within LMD No. 2 include: Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria
Groves Park, Vintage Park and Windrows Park)
Landscape Maintenance District No. 3A
Landscaping:
Parkways (includes ground cover only)
Landscape Maintenance District No. 313
Landscaping:
Parkways (includes turf and ground cover) Median Islands(includes turf and ground
cover) Street Trees
Entry Monuments
Metrolink
Landscape Maintenance District No. 4111
Landscaping:
Parkways (includes turf and ground cover)
Median Islands (includes turf and ground cover)
Paseos
Street Trees
Parks
(Parks within LMD No. 4-R include: Spruce Park, Mountain View Park, Ralph M. Lewis Park,
Coyote Canyon Park, Milliken Park and West Greenway Park)
Resolution No. 14-120 —Page 5 of 6
Landscape Maintenance District No. 5
Landscaping:
Tot Lot at Andover and Bedford (includes ground cover only)
Landscape Maintenance District No. 6-11
Landscaping:
Parkways (includes turf and ground cover) Median Islands (includes turf and ground
cover) Paseos
Street Trees
Community Trails
Landscape Maintenance District No. 7
Landscaping:
Parkways (includes turf and ground cover)
Median Islands (includes turf and ground cover)
Paseos
Street Trees
Community Trails
Parks (Parks within LIVID No. 7 include: Etiwanda Creek Community Park)
Landscape Maintenance District No. 8
Landscaping:
Parkways (includes turf and ground cover) Median Islands (includes turf and ground
cover) Paseos
Street Trees
Community Trails
Landscape Maintenance District No. 9
Landscaping:
Parkways (includes turf and ground cover)
Median Islands (includes turf and ground cover) Street Trees
Parks (Parks within LIVID No. 9 include: Garcia Park)
Landscape Maintenance District No. 10
Landscaping:
Parkways (includes turf and ground cover) Median Islands (includes turf and ground
cover) Street Trees
Community Trails
Parks (Parks within LIVID No. 10 include: Day Creek Park)
Resolution No. 14-120 — Page 6 of 6