HomeMy WebLinkAbout10-146 - Resolutions - Not Adopted *NOT ADOPTED — SEE RESOLUTION NO. 10-145*
RESOLUTION NO. 146
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. 6-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, on July 7, 2010 by adoption of Resolution No. 10-122, 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. 6. 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. 6
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. 6 as authorized pursuant to the Assessment Law.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 10-146 — NOT ADOPTED - Page 2 of 4
PASSED, APPROVED, AND ADOPTED this 1ST day of September 2010.
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 1 s` day of September 2010.
Executed this 2"d day of September 2010, at Rancho Cucamonga, California.
Janice C. Reynolds, City Clerk
Resolution No. 10-146— NOT ADOPTED - 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. 6-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 1277
Total assessment ballots received
Assessment ballots received in favor of the proposed
assessment:
Weighted value of assessment ballots received in favor of
the proposed assessment
Assessment ballots received in opposition to the proposed
assessment:
Weighted value of assessment ballots received in
ggposition to the proposed assessment
This certification is executed this day of 2010 in
California.
By:
Title:
Resolution No. 10-146— NOT ADOPTED - Page 4 of 4