HomeMy WebLinkAbout88-334 - Resolutions RESOLUTION NO. 88-334
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN(~O
O3CAHDN~A, CALIFORNIA, MPDIFYIN~ POLICIES PERTAINING TO
THE METHODOLOGY OF ASSESS~NT WITHIN LANDSCAPE MAINTENANCE
DISTRI6T NO. 4 (TERRA VISTA)
WHEREAS, on June 20, 1984, this City Council adopted REsolution NO.
84-187 ordering the formation of Landscape Maintenance D/strict No. 4 (Terra
Vista Planned Community) (The "District"), confirming assessments within the
District pursuant to the assessment methodolo~ set forth in the enEineer's
report (the "Report"), and orderinE the levy of such assessments; and
WHEREAS, subsequent to the formation of the district, the City has
administered the the District and annually levied assessments therein, based
upon the methodology of assessment set forth in the Report: and
WHEREAS, the methodoloEy of assessment set forth in the Report
provides a credit against assessments for residential projects with homeowner's
associations if such associations maintained areas that would otherwise have
been maintained by the district; and
WHEREAS, the owners of apartment complexes, not having homeowner's
associations, have requested the same or similar credit currently applicable
only to homeowner's associations; and
WHEREAS, the Report provided that non-residential property and vacant
property would be exempt from assessment unless the owner of such property
failed to maintain existing street frontage landscaping and the District was
required to perform such maintenance on behalf of the owner; and
WHEREAS, this legislative body has received recommendations from City
staff and provided an opportunity for comment by members of the public
regarding these two issues, and now desires to establish policies pertaining
thereto.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That this City Council determines that the policy
determination to grant credits to residential projects with homeowner' s
associations on areas that would otherwise be maintained by the District was
intended to apply only to such specific areas that would have normally been
maintained by the District and not any or all the areas abutting residential
projects, that a great amount of confusion has resulted regarding credits to
residential projects with or without homeowner's associations; that this City
Resolution No. 88-334
Page 2
Council hereby determines that all areas that would othe~ise be maintained by
the District will be maintained directly by the District; and those areas that
would not otherwise be maintained by the District be maintained by the abutting
property o~ner or homeowner's associations and that credits shall not be
applicable to residential projects, whether single family or multi-family, for
such areas.
SECTION 3: That this City Council determines that non-residential
property and vacant property shall not be categorically exempt from assessment,
but that the method of assessment to be.applicable to all properties within the
district shall be as set forth in Streets & Highways Code 22573, and that the
net amount to be assessed among all assessable lots or parcel within the
district, shall be in proportion to the estimated benefits to be received by
each such lot or parcel from the improvements.
PASSED, APPROVED, and ADOPTED this 18th day of May, 1988.
AYES: Brown, Buquet, Stout, King, Wright
NOES: None
AB SENT: No ne
Dennis L. Stout, Mayor
ATTEST:
I, BEVERLY A. AU~HELET, CITY CLERK of the City of Rancho
Cucemonga, 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
18th day of May, 1988.
Executed this 19th day of May, 1988 at Rancho Cucamonga, California.
Beverly A/Authelet, City Clerk