HomeMy WebLinkAbout2023-087 - Resolution RESOLUTION NO. 2023-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND
ASSESSMENTS; APPROVING THE ANNUAL ENGINEER'S
REPORTS; AND ORDERING THE LEVY AND COLLECTION OF THE
ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE
DISTRICTS NOS. 1, 2, 313, 4-R, 6-R, 7, 8, 9 AND 10 FOR FISCAL YEAR
2023/24
WHEREAS, the City Council of the City of Rancho Cucamonga did on the 7th day of June 2023,
adopt its Resolution of Intention No. 2023-055 (the "Resolution of Intention") pursuant to the
Landscaping and Lighting Act of 1972, as amended (the "1972 Act"), declaring its intention to levy and
collect assessments within Landscape Maintenance Districts Nos. 1, 2, 3B, 4-R, 6-R, 7, 8, 9, and 10
(each a "District" and collectively the "Districts") for Fiscal Year 2023/24 and giving notice of the time and
place for a public hearing by the City Council on the levy of the proposed assessments within the
Districts; and
WHEREAS, the City Council previously received and preliminarily approved a report of the
Assessment Engineer (each an "Annual Engineer's Report" and collectively the "Annual Engineer's
Reports") for each District 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
WHEREAS, notice of such public hearing was duly and legally published in the time, form and
manner as required by the Assessment Law, shown by the affidavit of Publication of said Resolution of
Intention on file in the Office of the City Clerk; and
WHEREAS, said City Council having duly received and considered evidence, oral and
documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the
contemplated work and the benefits to be derived therefrom, and said City Council having now acquired
jurisdiction to order the proposed work.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
HEREBY RESOLVES, as follows:
SECTION 1. This City Council hereby finds and determines that:
A. Notice of the public hearing has been given and the proceedings for the consideration of the
levy of the annual assessments within each District have been undertaken in accordance with the 1972
Act; and
B. The annual assessments for Fiscal Year 2023/24 proposed to be levied within each District as
set forth in the applicable Annual Engineer's 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 2023/24 within such District are not deemed to be "increased" over the maximum
authorized annual assessments.
SECTION 2. The final assessments and diagrams for the proceedings, as contained in the
Annual Engineer's Report for each of the Districts, is hereby approved and confirmed. The assessments
for the Districts contained in the Annual Engineer's Reports for Fiscal Year 2023/24 are hereby levied
Resolution No. 2023-087— Page 1 of 3
upon the respective lots or parcels in the Districts in the amounts as set forth in the applicable Annual
Engineer's Report.
SECTION 3. This City Council hereby orders that the work, as set forth and described in the
Resolution of Intention, be done and made.
SECTION 4. 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 5. The City Clerk is hereby ordered and directed to immediately file a certified copy of
the diagram and assessment with the County Auditor. Such filing shall be made no later than the 3rd
Monday in August 2023.
SECTION 6. 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 7. 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 8. The assessments as above confirmed and levied for these proceedings will
provide revenue and relate to the fiscal year commencing July 1, 2023 and ending June 30, 2024.
Resolution No. 2023-087— Page 2 of 3
PASSED, APPROVED, and ADOPTED this 19' day of July, 2023.
L. Denni Michael, Mayor
ATTEST:
7�.
ice C. Reynolds, Cit Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that
the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of
Rancho Cucamonga, at a Regular Meeting of said Council held on the 19' day of July, 2023.
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 20' day of July, 2023, at Rancho Cucamonga, California.
a ice C. Reynolds, City Clerk
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