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Home My WebLink About09-234 - Resolutions RESOLUTION NO. 09-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION IN PROPOSED LANDSCAPE MAINTENANCE DISTRICT NO. 8-R, DETERMINING THE EXISTENCE OF A MAJORITY PROTEST AND ABANDONING THE PROCEEDINGS TO FORM SUCH LANDSCAPE MAINTENANCE DISTRICT AND TO LEVY ASSESSMENTS THEREIN WHEREAS, the City Council of the City of Rancho Cucamonga (the "City'), California, has previously initiated proceedings to consider the formation of a landscape maintenance district and the levy of assessments therein for the purpose of financing the maintenance and servicing of certain landscape improvements in a special assessment district pursuant to 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) (the "Implementation Act' and, together with the 1972 Act and Article XIIID, the "Assessment Law") such assessment district known and designated as Landscape Maintenance District No. 6-R (the "Landscape Maintenance District'), and, WHEREAS, by adoption of Resolution No. 09-201, 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 Landscape Maintenance 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, at this time based upon the Certificate of Tabulation Official this City Council determines that the assessment ballots received by the City in opposition to the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in favor of the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does exist; and WHEREAS, as a result of the existence of such majority protest, the Assessment Law prohibits this City Council from forming the Landscape Maintenance District and levying the proposed assessments therein; and WHEREAS, as the further result of the existence of such majority protest, this City Council desires to abandon the proceedings to form the Landscape Maintenance District and to levy assessments therein. NOW, THEREFORE, be it resolved by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Assessment Ballot Tabulation. The assessment ballots submitted pursuant to the Assessment Law in opposition to the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots submitted in favor of the proposed assessment and similarly weighted and it is therefore determined pursuant to Assessment Law that a majority protest does exist. SECTION 3. Abandonment of Proceedings. As a result of the existence of a majority protest to the levy of assessments within the proposed Landscape Maintenance District that prohibits this City Council from forming the Landscape Maintenance District and levying assessments therein as proposed, this City Council hereby orders that all proceedings to form the Landscape Maintenance District and levy assessments therein as proposed be abandoned. SECTION 4. Landscape Maintenance District No. 8. As a result of the existence of the majority protest and the abandonment of the proceedings to form the Landscape Maintenance District and to levy assessments therein, Landscape Maintenance District No. 8 which would have been replaced by the Landscape Maintenance District shall remain in full force and effect and the City may continue to levy assessments within Landscape Maintenance District No. 8 as authorized pursuant to the Assessment Law. Please see the following page for formal adoption,certification and signatures Resolution No. 09-234 — Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 2nd day of December 2009. AYES: Kurth, Michael, Williams NOES: None ABSENT: Gutierrez, Spagnolo ABSTAINED: None j'2� 4✓ L Donald J. Kurth, M.D., Mayor ATTEST: civ✓ Janice C. Reynolds, City Clerk p \ 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. 411— Jalhice C. Reynolds, City Clerk Resolution No. 09-234 — Page 3 of 4 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 9 assessment: 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 opposition to $11,808.00 the proposed assessment - / p This certification is executed this day ofQPeft,/"2009 in A1l1QLD (-U-ea-/yll�Ylg2L California. '�f" By: 9� Title: Two (2) Ballots Invalidated Majority Protest Found Replacement LMD 8-R Fails Resolution No. 09-234 —Page 4 of 4