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HomeMy WebLinkAbout97-088 - ResolutionsRESOLUTION NO. 97-088 ^ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE OCCURRENCE OF A BALLOT PROTEST PROCESS CONCERNING THE ASSESSMENTS FOR THE MAINTENANCE ,AND OPERATION OF RED HILL COMMUNITY PARK ,AND HERITAGE COMMUNITY PARK WITHIN PARK ,AND RECREATION IMPROVEMENT DISTRICT PD-85-R IN THE CITY OF RANCHO CUCAMONGA WHICH CONCLUDED ON JUNE 26, 1997 ,AND DECLARING THE RESULTS THEREOF A. RECITALS. (i) On April 2, 1997, this Council adopted its Resolution No. 97-042, thereby commencing a ballot protest process prescribed by California Constitution Article XIII D, Section 4, concerning the proposed continuation of assessments within Park and Recreation Improvement District PD-85-R for the maintenance and operation of Red Hill Community Park and Heritage Community Park. (ii) As prescribed by the above-referenced sections of the California Constitution, and pursuant to said Resolution 97-042, ballots and ballot materials were supplied by mail to the record owners of real property within PD-85-R. Those materials included a notice of a public hearing to occur at 7:00 p.m. on June 26, 1997 in the Council Chambers of the Rancho Cucamonga Civic Center at which protests would be heard and the ballots cast for and against the continuation of the above- referenced assessment would be canvassed. On June 26, 1997, the above-referenced hearing was duly conducted and concluded and, during that hearing, all of the ballots cast were canvassed. (iv) Following the conclusion of the above-referenced canvassing of ballots, the City Clerk of the City of Rancho Cucamonga certified the results of said ballot protest process to the City Council which results are reflected in the "Certificate of City Clerk," a true and correct copy of which is attached hereto as Exhibit ",A". B. RESOLUTION. NOW, THEREFORE, the Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: Resolution No. 97-088 Page 2 1. This Council hereby finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Council hereby finds and determines that the total amount of assessments reflected on ballots canvassed in the above-referenced process was $ 429,!177. 3. This Council hereby finds and determines that the total amount of assessments within PD-85-R cast in favor of the continuation of maintenance and operation assessments for Red Hill Community Park and Heritage Community Park in the above-referenced process was $ 277.217.50 (64.6%). 4. This Council hereby finds and determines that the total amount of assessments within PD-85-R case in opposition to the continuation of maintenance and operation assessments for Red Hill Community Park and Heritage Community Park was $151.900.00 (35.4%). 5. This Council hereby finds, determines and declares that based upon the above-referenced results of the ballot protest process, the continuation and levy of assessments in PD-85-R for the maintenance and operation of Red Hill Community Park and Heritage Community Park has been authorized by the record owner of property within PD-85-R in accordance with California Constitution Article XlII D, Section 4. 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 26th day of June, 1997. Alexander, Biane, Curatalo, Gutierrez, Williams AYES: NOES: None ABSENT: None ABTAINED: None William J~/~lexanderf, Mayor Resolution No. 97-088 Page 3 ATTEST: Debra J. Ad~s, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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 an adjourned meeting of said City Council held on the 26th day of June, 1997. Executed this 30th day of June, 1997, at Rancho Cucam a, Califo 'a. Debra J. Adai~Til~_ ~ty Clerk Resolution No. 97-088 Page 4 PARCEL 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 61 PARCELS: YES 1 31 City. of Rancho Cucamonga PD85 Ballot Tabulation Worksheet NO YES TOTAL NO TOTAL ! 55.00 155.00 155.00 186.00 248.00 248.00 496.00 ' 744.00 744.00 992.00 1,240.00 1,488.00 1,488.00 1,550.00 1,612.00 558.00 558.00 558.00 558.00 1,054.00 1,209.00 1,581.00 1,643.00 1,984.00 2,015.00 2.046.00 2,077.00 2,077.00 2,108.00 . 2,108.00 2,170.00 2,232.00 2,418.00 2,418.00 2,542.00 2,573.00 2,790.00 2,914.00. 3,534.00 3,720.00: 4,464.00 I 5,084.00 I 6,944.00 7,130.00 4,650.00 6,200.00 16 11,904.00 83,607.00 23,715.00 Resolution No. 97-088 Page 5 RETURNED W/O, TOTAL 155.00 155.00 155.00 186.00 248.00 248.00 279.00 496.00 558.00 558.00 558.00 558.00 744.00 794.00 992.00 1,054.00 1,209.00 1,240.00 1.488.00 1,488.00 1,550.00 1,581.00 1,612.00 1,612.00 1,643.00 1,953.00 1,984.00 2,015.00 2,015.00 2,046.00 2,077.00 2,077.00 2,108.00 2,108.00 2,108.00 2,108.00 2,170.00 2,232.00 2,232.00 2,356.00 2,418.00 2,418.00 2,542.00 2,573.00 2,790.00 2,914.00 3,534.00 3,596.00 3.720.00 3,720.00 4,464.00 4,650.00 5,084.00 5,208.00 6,200.00 6,944.00 7,130.00 7,192.00 7,688.00 11,656.00 11,904.00 161,045.00 Prepared by NBS Government Finance Group 6/27/97 Resolution No. 97-088 Page 6 STATEMENT OF TOTAL OF PROPOSED ASSESSMENTS CAST Total Amount of Assessments Cast: $429,117.50 Total Amount Cast for the Continuation of the M&O Assessment: 64.6% $277,217.50 Total Amount Cast Against the Continuation of the M&O Assessment: 35.4% $151,900.00 CERTIFICATE OF CITY CLERK Resolution No. 97-088 Page 7 State of Califomia ) ) County of San Bernardino ) City of Rancho Cucamonga ) ) I, Debra J. Adams, City Clerk, City of Rancho Cucamonga, County of San Bernardino, State of California DO HEREBY CERTIFY that pursuant to the provisions of Califomia Constitution Article XIII D, Section 4, I did canvass the ballots cast indicating the total of proposed assessments supporting and opposing the continuation of assessments with Park and Recreation Improvement District PD-85-R for the maintenance and operation of Red Hill Community Park and Heritage Community Park. I, FURTHER CERTIFY, that the Statement of Total of Proposed Assessments Cast, to which this certificate is attached, shows the total amount of proposed assessments reflected on the ballots cast in said District, and the total amount of assessments voted in favor of and opposed to the above-referenced continuation of an operation and maintenance assessment and that the totals of the respective columns are full, true and correct. WITNESS my hand and official seal this 26th day June, 1997. City of Rancho Cucamonga C\RC\CLERKCRT 1