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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