HomeMy WebLinkAbout2022-087 - Resolution •
RESOLUTION NO. 2022-087
A 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 2022/23 WITHIN PARK AND
RECREATION IMPROVEMENT DISTRICT NO. PD-85 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
that certain maintenance district 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 is
known and designated as Park and Recreation Improvement District No. PD-85 (the "District"); and
WHEREAS, this City Council has initiated proceedings to provide for the annual levy of
assessments for Fiscal Year 2022/23, to finance the costs and expenses necessary for continued
maintenance and servicing of improvements within the District; and
WHEREAS, at this time, there has been presented and approved by this City Council, a separate
report for the District identified by the distinctive designation of such District and entitled "Fiscal Year
2022/23 Annual Engineer's Report" (the "Annual Engineer's Report") 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 the District; and
WHEREAS, the annual assessments for Fiscal Year 2022/23 proposed to be levied within the
District as set forth in the 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 2022/23 within
such District are not deemed to be "increased" over the maximum authorized annual assessments.
NOW, THEREFORE, 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 the City Council, and it is the intention of this City Council, to undertake proceedings
for the annual levy and collection of assessments within the District for the continued maintenance and
servicing of the improvements authorized to be maintained and serviced within such District.
"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; and, (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.
A description of the improvements to be maintained and the maintenance and services to be
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provided is set forth in Appendix A attached hereto and incorporated herein by this reference.
SECTION 3. Annual Engineer's Report. The Annual Engineer's Report regarding the annual
levy for the District for Fiscal Year 2022/23, has been preliminarily approved and directed to be filed in the
office the City Clerk. Reference is made to such Report for the 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 the District as set forth and described in
the 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 District.The proposed maintenance and service work as described
in the Annual Engineer's Report for the 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 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. The 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.
SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held the 20th
day of July, 2022, at the hour of 7:00 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:
Noah Daniels
Finance Director
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
(909) 774-2403
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.
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PASSED, APPROVED, and ADOPTED this 15th day of June 2022.
L. Denni ichael, Mayor
ATTEST:
C. eynolds, 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 15th day of June 2022.
AYES: Hutchison, Kennedy, Michael, Scott
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 16th day of June, 2022, at Rancho Cucamonga, California.
'^'ice ° . ,Re Holds City rk
y y
Resolution No. 2022-087— Page 3 of 4
Appendix A
Descriptions of Improvements and Maintenance and Services
This Appendix A contains a general description of the improvements to be maintained and serviced
and a description of such maintenance and services.
1. The maintenance and operation of Heritage Community Park including, but not limited to,
grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, restrooms, equestrian facilities,
playground equipment, picnic facilities, athletic facilities, and walking, jogging and equestrian trails and
sanitary sewer connections.
2. The maintenance and operation of Red Hill Community Park including, but not limited to,
grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior
citizen facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trail,
sanitary sewer connections and onsite drainage inlets.
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