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HomeMy WebLinkAbout09-233 - Resolutions *NOT ADOPTED* See Resolution 09-234, adopted 12-2-09 RESOLUTION NO. 09-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, APPROVING THE ENGINEER'S REPORT, FORMING LANDSCAPE MAINTENANCE DISTRICT NO. 8-R, ORDERING MAINTENANCE WORK THEREIN, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF AN ANNUAL ASSESSMENT THEREIN WHEREAS,the City Council of the City of Rancho Cucamonga (the"City"), California, has previously initiated proceedings, by Resolution No. 09-202 on October 7, 2009, to consider the formation of a landscape maintenance district to replace existing Landscape Maintenance District No. 8 and the levy of assessments therein for the purpose of financing the increased costs of maintenance and servicing of certain landscape improvements pursuantto the terms and provisions of the Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500 and following) (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) ("Proposition 218" and, together with the 1972 Act and Article XIIID, the "Assessment Law") such proposed landscape maintenance district known and designated as Landscape Maintenance District No. 8-R (the "District"); and, WHEREAS, the City Council did order and subsequently receive an Assessment Engineer's Report (hereafter referred to as the "Engineer's Report") prepared by NBS in accordance with the Assessment Law; and, WHEREAS,the Engineer's Report has been made a part of the record of these proceedings and is on file in the office of the City Clerk of the City (the "City Clerk"); and, WHEREAS, on October 7, 2009 by adoption of Resolution No. 09-203, the City Council (a) set the time and place for conducting a public hearing for the purpose of hearing protests to the proposed maintenance and servicing of the improvements and the assessment proposed to be levied on land within the District and (b) ordered that the record owner of each parcel proposed to be assessed have the right to submit an assessment ballot in favor of or in opposition to the assessment proposed to be levied on such parcel; and WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed to each such record owner in the time, form and manner required by the Assessment Law, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated by the tabulation official appointed by the City (the "Tabulation Official"), all in the manner provided by the Assessment Law, and, WHEREAS, the Tabulation Official has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the"Certificate of the Tabulation Official"), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots; and WHEREAS,this City Council is now satisfied with the assessment and all matters contained in the Engineer's Report as submitted. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. The above recitals are all true and correct. 2. The City Council hereby finds and determines that the procedures for the consideration of the formation and the levy of annual assessments within the District have been undertaken in accordance with the Assessment Law. 3. The Engineer's Report, as now submitted, is hereby approved and such Report shall stand as the report as required by the Assessment Law for all future proceedings for this Assessment District. 4. Assessment ballots were mailed, as required by the Assessment Law, to the record owners of all properties proposed to be assessed within the District. 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 under the Assessment Law 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 exceed the assessment ballots submitted in opposition to such levy as weighted by assessment amount in accordance with the Assessment Law. Therefore, no majority protest to the levy of assessments within the District has been found to exist. 5. The City Council hereby orders the formation of the District. 6. Based upon the 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 to be levied for Fiscal Year 2010/11. a. The proportionate special benefit derived by each assessable parcel from the maintenance and servicing of the improvements has been determined in relationship to the entirety of the cost of such maintenance and service expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. C. Only special benefits have been assessed. d. Publically owned parcels within the District that derive special benefit from the maintenance and servicing of the improvements have been assessed for such special benefit. Resolution No. 09-233 *NOT ADOPTED* - Page 2 of 5 The assessments for the District contained in the Engineer's Report for Fiscal Year 2010/11 are hereby confirmed and levied upon the respective lots or parcels within the District as set forth in said Engineer's Report. Subsequent annual assessments, in amounts not to exceed an established maximum annual assessment may be confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. Each fiscal year beginning Fiscal Year 2011/12, the maximum amount of each assessment (the "Maximum Assessment") may be increased by the lesser of 3.5% or the percentage change in the year ending February, preceding the start of the fiscal year, of the Consumer Price Index for all Urban Consumers(CPI-U)for Los Angeles—Riverside—Orange County area without further compliance with the assessment ballot procedures required under the Assessment Law. 7. The public interest and convenience requires and this legislative body does hereby order the maintenance work to be made and performed as set forth in the Engineer's Report. 8. The 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. 9. The City Clerk is hereby ordered and directed to immediately file by no later than the third Monday in August 2010 a certified copy of the diagram and assessment with the County Auditor. 10. After the filing of the diagram and assessment, the County Auditor shall enter onto the County assessment roll opposite each lot or parcel of land,the amount assessed thereon as shown in the assessment. 11. The assessments shall be collected at the same time and in the same manner as County secured taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection of the assessments. 12. The assessments as above confirmed and levied for these proceedings will provide revenue to finance the maintenance of authorized improvements in the fiscal year commencing July 1, 2010 and ending June 30, 2011. 13. From and after the date on which any action to challenge the validity of these proceedings, the formation of the District or the levy of assessments therein may be filed, or any such action having been timely filed, a final judgment is entered into upholding the validity of such proceedings, such formation and the levy of such assessments, the District shall replace and supersede Landscape Maintenance District No. 8 and the City Council shall cease to levy assessments for Landscape Maintenance District No. 8 and shall undertake such action as may be necessary to dissolve Landscape Maintenance District No. 8. Please see the following page for formal adoption,certification and signatures Resolution No. 09-233 `NOT ADOPTED` - Page 3 of 5 PASSED, APPROVED, AND ADOPTED this 2nd day of December 2009. Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk 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 2nd day of December 2009. Executed this 3`d day of December 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 09-233 *NOT ADOPTED* - Page 4 of 5 Exhibit A Certificate of Tabulation Official and Statement of Assessment Ballots Submitted STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF RANCHO CUCAMONGA ) The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Rancho Cucamonga, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted in the assessment ballot proceedings pertaining to Landscape Maintenance District No. 8-R. I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the proposed assessment and the assessment ballots submitted in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Total assessment ballots distributed 196 Total assessment ballots received 50 Assessment ballots received in favor of the proposed assessment: 9 Weighted value of assessment ballots received in favor of the proposed assessment $2,592.00 Assessment ballots received in opposition to the proposed assessment: 41 Weighted value of assessment ballots received in qgggaition to the proposed assessment $11,808.00 Ah�is certification is executed this 2h d day ofOe t.bt 2009 in KCl.yi0-Ji6Ckta-,"ev California. By: r c mac_ u da Title. r f Two (2) Ballots Invalidated Majority Protest Found Replacement LMD 8-R Fails Resolution No. 09-233 *NOT ADOPTED* - Page 5 of 5