HomeMy WebLinkAbout10-121 - Resolutions RESOLUTION NO. 10-121
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. 6-R, TO
REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 6 AND
TO AUTHORIZE THE LEVY OF ANNUAL ASSESSMENTS
THEREIN AND ORDERING THE PREPARATION OF AN
ASSESSMENT ENGINEER'S REPORT
WHEREAS, on June 4, 1986 by Resolution No. 86-171, 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. 6", (hereafter referred to as "LMD 6"); and
WHEREAS, the City Council previously initiated proceedings, by the adoption of
Resolution No. 09-200 on October 7, 2009, to consider the formation of a landscape
maintenance district to replace existing Landscape Maintenance District No. 6 and the levy of
assessments therein for the purpose of financing the increased costs of maintenance and
servicing of certain landscape improvements 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) ("Proposition 218" and, together with the 1972 Act and Article XIIID, the "Assessment
Law"); and
WHEREAS, on December 2, 2009 the City Council held a public hearing regarding
proposed LMD 6-R and the proposed levy of assessments therein and, at the conclusion of
such public hearing, the City Clerk, acting as the tabulation official, caused the tabulation of all
assessment ballots timely submitted by record owners within proposed LMD 6-R express such
owners support for or opposition to the levy of assessments within LMD 6-R; and
WHEREAS, the tabulation of the assessment ballots revealed that a majority protest had
been filed to the levy of assessments within proposed LMD 6-R and the proceedings to form
LMD 6-R and to levy assessments therein were abandoned; and
WHEREAS, a coalition of owners of properties within the boundaries of LMD 6 (the
"Property Owner Coalition") subsequently requested that the City initiate new proceedings to
form LMD 6-R in order to provide the revenues necessary to maintain an "A" level of
maintenance of the landscaping improvements;
WHEREAS, on May 19, 2010 in response to the request of the Property Owner
Coalition, 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 new procedures for the formation of
Landscape Maintenance District No. 6-R ("LMD 6-R") to replace LMD 6 and the levy of
assessments within LMD 6-R, so that property owners may approve increased funding for the
maintenance of improvements at the "A" level of service; and
WHEREAS, if the levy of the proposed assessments within LMD 6-R are not approved
by the property owners, the existing LMD 6 shall remain in place and the City may continue to
adjust the level of services to match the revenues provided by the existing LMD 6 assessments;
and
WHEREAS, the City Council has retained NBS for the purpose of assisting with the
proposed assessments to be levied in LMD 6-R and to prepare and file a report for LMD 6-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 6-R to replace LMD 6 and to levy
assessments within LMD 6-R to pay for the costs to maintain the landscape improvements
within LMD 6-R at an "A" level of service. All necessary maintenance and service items will be
specified 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 6-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
Resolution No. 10-121 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 7`h day of July 2010.
AYES: Gutierrez, Kurth, Michael, Spagnolo,_Williams-
NOES: None
ABSENT: None-
ABSTAINED: None
Donald J. Kurth,"MQ., Mayor
ATTEST:
J6nice C. Reynolds, City Cltlerk
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 July 2010.
Executed this 8`h day of July 2010, at Rancho Cucamonga, California.
raaz
nice C. Reynolds, City Clerk
Resolution No. 10-121 - Page 3 of 3