HomeMy WebLinkAbout11-098 - Resolutions RESOLUTION NO. 11-098
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 2011/2012 IN LANDSCAPE
MAINTENANCE DISTRICT NO'S. 1, 3A, 3B, 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 Nos. 1, 3A, 3B, 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 2011/12, 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 2011/12 Annual Levy Report" (each, an "Annual Levy Report" and
collectively, the "Annual Levy 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 2011/12 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 2011/2012 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.
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 Levy 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 Levy Reports. The Annual Levy Reports regarding the annual
levy for each District for Fiscal Year 2011/2012 have been previously 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 Levy 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 Levy Report.
SECTION 5. Boundaries of Districts. The proposed maintenance and service work
as described in the Annual Levy 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.
SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held
the 3rd day of August, 2011, 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.
Resolution No. 11-098 - Page 2 of 6
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 91729
(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.
Please see the following page
for formal adoption,certification and signafunm
Resolution No. 11-098 - Page 3 of 6
PASSED, APPROVED, AND ADOPTED this 6th day of July 2011.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ZA�- wx�z�
L. ennis Michael, Mayor
ATTEST:
&ice C. Reynolds, City Cfbrk
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 6th day of July 2011.
Executed this 7`h day of July 2011, at Rancho Cucamonga, California.
J ice C. Reynolds, City Clerk
Resolution No. 11-098 - Page 4 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, Heritage Community Park, Hermosa Park, Red
Hill Community Park, Lions Park, Napa Park, Don Tiburcio Tapia Park and the Rancho
Cucamonga Adult Sports Complex)
Landscape Maintenance District No. 3A
Landscaping:
Parkways (includes ground cover only)
Landscape Maintenance District No. 36
Landscaping:
Parkways (includes turf and ground cover) Median Islands (includes turf and ground
cover) Street Trees
Entry Monuments
Landscape Maintenance District No. 4-R
Landscaping:
Parkways (includes turf and ground cover)
Median Islands (includes turf and ground cover)
Paseos
Street Trees
Parks
(Parks within LMD No. 4 include: Spruce Park, Mountain View Park, Ralph M. Lewis Park,
Coyote Canyon Park, Milliken Park and West Greenway Park)
Landscape Maintenance District No. 5
Landscaping:
Tot Lot at Andover and Bedford (includes ground cover only)
Landscape Maintenance District No. 6-R
Landscaping:
Parkways (includes turf and ground cover) Median Islands (includes turf and ground
cover) Paseos
Street Trees
Community Trails
Resolution No. 11-098 - Page 5 of 6
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: South Etiwanda 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. 11-098 - Page 6 of 6