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HomeMy WebLinkAbout13-030 - Resolutions RESOLUTION NO. 13-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED INCREASE IN ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 2, THE LEVY OF ANNUAL ASSESSMENTS THEREIN, AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT WHEREAS, on September 1, 1982 by Resolution No. 82-157, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") (California Streets and Highways Code section 22500 et seq.) established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 2", (hereafter referred to as "the District"); and WHEREAS, the costs of servicing and maintaining the landscape improvements within the District have increased and the existing assessments levied therein are insufficient to service and maintain the landscape improvements at their current level; and WHEREAS, the City Council has determined it is appropriate to provide property owners within the District whose property is subject to the levy of assessments the opportunity to indicate their support for or opposition to the increase of assessments within the District and provide for ongoing adjustments to the assessments for inflation; and WHEREAS, the City Council has retained NBS for the purpose of assisting with the proposed increase in assessments to be levied and to prepare and file a report with the City Clerk in accordance with the 1972 Act, Article XIIID, section 4 of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218") (California Government Code section 53750 et seq.), (the 1972 Act, Article XIIID, and Proposition 218 are collectively referred to as the "Assessment Law"); and WHEREAS, if the levy of the proposed increase in assessments within the District are not approved by the property owners, the existing District and assessments shall remain in place and the City may continue to adjust services to match the revenues provided by the existing District assessments; and NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. The City Council hereby proposes to increase assessments and to levy assessments within the District to pay for increased costs to service and maintain improvements within the District and to authorize annual adjustments for inflation to pay for future increases in the costs of servicing and maintaining the improvements. 2. The improvements located in and serviced and maintained by the District generally include: the landscaping and associated landscape lighting and irrigation systems installed along the roadways, medians, and community trails; sidewalks; and 6 neighborhood parks (Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park, and Windrows Park) that are of direct and special benefit to the parcels within the District. These improvements are located within the street public rights-of-ways and dedicated public easements which are within the boundaries of the District. All maintenance and service items will be described in further detail in the Engineer's Report. 3. The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located south of the 1-210 Freeway, west of Etiwanda Avenue, southwest of the 1-15 Freeway and east of Haven Avenue, also known as the Victoria Planned Community. The District is designated by the name of "Landscape Maintenance District No. 2". 4. The City Council hereby orders NBS to prepare and file with the City Clerk an Engineer's Report concerning the proposed increase in assessments and annual adjustments for inflation within the District, which will take effect for Fiscal Year 2013/14 and subsequent years, if approved by the property owners, in accordance with the requirements of the Assessment Law. Please see the following page for formal adoption,certification and signatures Resolution No. 13-030 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 20'" day of March 2013. AYES: Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: Alexander ABSTAINED: None L. Dennis Michael, Mayor ATTEST: ice C. Reynolds, City Olerk 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 20u' day of March 2013. Executed this 21" day of March 2013, at Rancho Cucamonga, California. a ice C. Reynolds, City CI rk Resolution No. 13-030 - Page 3 of 3