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HomeMy WebLinkAbout00-079 - Resolutions RESOLUTION NO. 00-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT WHEREAS, the City Council of the City of Rancho Cucamonga, California, at this time proposes to initiate proceedings for the formation of and levy of annual assessments within a special assessment district 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 (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"),in what is known and designated as Landscape Maintenance District No. 9 (the "Maintenance District'); and, WHEREAS,there has been submitted for approval a map designated bythe name of this Maintenance District, generally showing the area and property to be assessed in such Maintenance District; and, WHEREAS, at this time the City Council desires to initiate proceedings to consider the formation of such Maintenance District and to provide for the levy of assessments for the next ensuing fiscal year to finance (a)the installation of park improvements and (b)the annual costs of maintenance of improvements within the proposed Maintenance District. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED AS FOLLOWS: RECITALS SECTION 1: The above recitals are all true and correct. PROPOSAL TO FORM MAINTENANCE DISTRICT SECTION 2: The City Council hereby proposes to form a special Maintenance District and to provide for the levy of annual assessments within such proposed Maintenance District pursuant to the provisions of the Assessment Law, such Maintenance District to be designated as Landscape Maintenance District No. 9. Resolution No. 00-079 Page 2 of 5 DESCRIPTION OF IMPROVEMENTS TO BE INSTALLED AND/OR MAINTAINED AND MAINTENANCE WORK SECTION 3: The public interest and convenience requires, and the City Council does propose at this time to initiate proceedings forthe formation of a Maintenance District to provide for the financing of the installation of certain improvements and the maintenance of certain improvements. The improvements to be installed are generally described as: Park improvements 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 trails, underground storm drain system, maintenance facilities and adjacent public street improvements. The improvements to be maintained are generally described as: Park improvements as described above and parkway landscaping, paseos and Community Trails. The maintenance of such improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including, but not limited to: 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 and cover graffiti; and e. furnishing of water for irrigation of any landscaping and the operation of any other improvements. In addition to the foregoing maintenance,the maintenance of the park improvements shall also include, but not be limited to: a. lawn mowing and fertilizing; b. tree and shrub trimming; c. irrigation system maintenance; d. road, sidewalk and parking lot maintenance; Resolution No. 00-079 Page 3 of 5 e. maintenance, operation and provision of electric current for any onsite or adjacent public lighting system; f. cleaning and maintaining restroom facilities; g. refuse pickup; and h. maintenance of equestrian trails, playground equipment, picnic facilities, maintenance facilities and athletic facilities. DESCRIPTION OF MAINTENANCE DISTRICT SECTION 4: The improvements to be installed and/or maintained provide a special and direct benefit to the property and parcels of land within the boundaries of the Maintenance District. For a general description of the area and boundaries of such proposed Maintenance District, reference is made to a map of the Maintenance District showing the boundaries of the proposed Maintenance District and lands and property to be assessed to pay the costs and expenses of the proposed installation and maintenance work designated as "Proposed Boundaries of Landscape Maintenance District No. 9" is hereby submitted,and the same is hereby approved and adopted. Such map shall remain on file in the Office of the City Clerk with the transcript of these proceedings and be open for public inspection. ASSESSMENT ENGINEER'S REPORT SECTION 5: The improvements proposed to be installed and/or maintained are hereby referred to Willdan Associates,Assessment Engineer, who is hereby directed to make and file the Assessment Engineer's Report as required by the provisions of the Assessment Law generally containing the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be installed and/or maintained and the extent of the maintenance work; B. An estimate of the cost of the installation and maintenance of the improvements for the Maintenance District for (a) the fiscal year commencing after the completion and acceptance of all improvements to ultimately be maintained and (b) Fiscal year 2000-2001; C. A diagram for the Maintenance District, showing the area and properties proposed to be assessed; I Resolution No. 00-079 Page 4 of 5 D. I'I A maximum annual assessment of the estimated costs of the installation and/or maintenance of all of the improvements to ultimately be installed and/or maintained upon the completion and acceptance of thereof for maintenance,assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefits received; together with a formula pursuant to which such maximum assessment may be adjusted annually for inflation. (2) An annual assessment for Fiscal Year 2000-2001 of the estimated costs of the installation and/or maintenance of those improvements to be installed and/or maintained during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefits received. EFFECTIVE DATE SECTION 6: This Resolution shall take effect immediately upon its adoption. The record of proceedings upon which this decision is based is located in the office of the City Clerk, who is the custodian of records for the same. PASSED, APPROVED, AND ADOPTED this 17`h day of May 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None illiam J. Alexa er, ayor ATTEST: e ra J. Adam MC, City Clerk Resolution No. 00-079 Page 5 of 5 I, DEBRA J.ADAMS,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 May 2000. Executed this 18`h day of May 2000, at Rancho Cucamonga, California. Allel'& r9 DbYFa J. Ada CMC, City Clerk