Loading...
HomeMy WebLinkAbout00-105 - Resolutions RESOLUTION NO. 00-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, FORMING LANDSCAPE MAINTENANCE DISTRICT NO. 9, ORDERING WORK THEREIN AND CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT THEREIN WHEREAS, the City Council of the City Of Rancho Cucamonga, California, has initiated proceedings for the formation of and levy of the annual assessment in a special maintenance district created pursuant to the terms 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 "Landscaping Act"),Article XI IID 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 Landscaping Act, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"), such special maintenance district known and designated as Landscape Maintenance District No. 9 (the 'District"), and, WHEREAS, the owners of each parcel of property proposed to be assessed has expressly waived the time period for the notice of the public hearing and the assessment ballot proceedings as required by the Assessment Law, and WHEREAS,the City Council previously received and preliminarily approved a report from the Assessment Engineer (the"Assessment Engineer's Report")and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Assessment Engineer's Report as now submitted for final consideration and approval. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED AS FOLLOWS: SECTION 1: Recitals The above recitals are all true and correct. SECTION 2: Procedures This City Council hereby finds and determines that the procedures for the consideration of the formation of the District and levy of the assessments therein have been undertaken in accordance with the Assessment Law. Resolution No. 00-105 Page 2 of 5 SECTION 3: Assessment Ballot Procedures Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the District, which are proposed to be assessed.The assessment ballots that were completed and received by the City Clerk prior to the close of the public hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments as shown in the Assessment Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within the District has been found to exist. SECTION 4: Formation of District This City Council hereby orders the formation of the District. SECTION 5: Determinations and Confirmation of Assessments Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed for Fiscal Year 2000-2001 and the maximum annual assessments proposed to be imposed to pay for the estimated costs of the installation and maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance of thereof: a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the installation, maintenance and operations expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel from the improvements to be installed and/or maintained. Resolution No. 00-105 Page 3 of 5 c. Only the special benefits have been assessed. d. There are no parcels within the District that are owned or used either by a local government,the State of California or the United States and which specially benefit from the improvements to be installed and/or maintained. The assessments for the District contained in the Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in such Assessment Engineer's Report. Subsequent annual assessments in amounts not to exceed the 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 as set forth in the Assessment Engineer's Report may be subsequently confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. The maximum annual assessment may be adjusted for inflation annually commencing with Fiscal Year 2001-2002 based upon the increase in the Consumer Price Index ("CPI"), All Urban Consumers, for the Los Angeles - Anaheim — San Bernardino Area, as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Assessment Engineer shall compute the difference between the CPI for March of each year and the CPI for March of the preceding year and shall then increase the maximum annual assessment which may be authorized to be levied in the following fiscal year by such percentage difference. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Assessment Engineer shall utilize such revised index or such other comparable system as may be approved by the City Council. The annual assessment levied in future fiscal years shall not be deemed to be"increased"as such term is defined in the Assessment Law so long as such annual assessment does not exceed the maximum annual assessment adjusted for inflation. Resolution No. 00-105 Page 4 of 5 SECTION 6: Ordering of Installation and Maintenance The public interest and convenience requires, and this legislative body does hereby order the installation and maintenance work to be made and performed as said installation and maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. SECTION 7: Filing with City Clerk The above-referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 8: Filing with the County Auditor The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. SECTION 9: Entry Upon the Assessment Roll After the filing of the diagram and assessment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon,as shown in the assessment. SECTION 10: Collection and Payment The assessments shall be collected at the same time and in the same manner as County taxes are collected,and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. SECTION 11: Fiscal Year 2000-2001 The assessments as above confirmed and levied for these proceedings will provide revenue to finance the installation and maintenance of authorized improvements in the fiscal year commencing July 1, 2000 and ending June 30, 2001. Resolution No. 00-105 Page 5 of 5 PASSED, APPROVED, AND ADOPTED this 7th day of June 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None G� William J. lexander, Mayor ATTEST: e ra J. Ada , CMC, City Clerk 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,ata regular meeting of said City Council held on the 7th day of June 2000. Executed this 8th day of June 2000, at Rancho Cucamonga, California. 14JV4 2 e�A�A— ebra J. Adam , City Clerk