HomeMy WebLinkAbout09-202 - Resolutions RESOLUTION NO. 09-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE
KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE
DISTRICT NO. 8-R, TO REPLACE LANDSCAPE MAINTENANCE
DISTRICT NO. 8, THE LEVY OF ANNUAL ASSESSMENTS THEREIN
AND ORDERING THE PREPARATION OF AN ASSESSMENT
ENGINEER'S REPORT
WHEREAS, on November 1, 1989 by Resolution No. 89-537, the City Council of the City
of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972
("1972 Act") established Landscape Maintenance District known and designated as "Landscape
Maintenance District No. 8", (hereafter referred to as "LMD 8"); and
WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the
Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation
Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the
"Assessment Law"), approved the commencement of Proposition 218 procedures for the formation of
Landscape Maintenance District No. 8-R ("LMD 8-13") to replace LMD 8 and the levy of assessments
within LMD 8-R, so that property owners may approve increased funding for the maintenance of
improvements; and
WHEREAS, if the levy of the proposed assessments within LMD 8-R are not approved by
the property owners, the existing LMD 8 remains in place and the City may continue to adjust services to
match the revenues provided by the existing LMD 8 assessments; and
WHEREAS, the City Council has retained NBS for the purpose of assisting with the
proposed assessments to be levied in LMD 8-R and to prepare and file a report for LMD 8-R with the City
Clerk in accordance with Assessment Law.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES
HEREBY RESOLVE as follows:
1. The City Council hereby proposes to form LMD 8-R to replace LMD 8 and to levy
assessments within LMD 8-R to pay for increased costs to service and maintain improvements within
LMD 8-R. All maintenance and service items are detailed in the Engineer's Report.
2. The City Council hereby orders NBS to prepare and file with the City Clerk the Engineer's
Report concerning the proposed assessments within LMD 8-R, which will take effect for Fiscal Year
2010/11 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
PASSED, APPROVED, AND ADOPTED this 71 day of October 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
v
onald J. Kurth; , Mayor
ATTEST:
nice C. Reynolds, City Jerk
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 7`h day of October 2009.
Executed this 8`h day of October 2009, at Rancho Cucamonga, California.
nice C. Reynolds, City Ci6rk
Resolution No. 09-202 - Page 2 of 2