HomeMy WebLinkAbout11-115 - Resolutions - (Not Adopted - See Resoltuion 11-115) "NOT ADOPTED—SEE RESOLUTION 11-115*
RESOLUTION NO. 11-114
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. 2-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. 11- 075 on June 1, 2011, to consider the
formation of a landscape maintenance district to replace existing Landscape Maintenance District
No. 2 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") such proposed landscape maintenance district known and designated as Landscape
Maintenance District No. 2-R (the "District"); and,
WHEREAS,the City Council did order and subsequently receive an Assessment Engineer's
Report (hereafter referred to as the "Engineers Report") prepared by NBS in accordance with the
Assessment Law; and,
WHEREAS,the Engineers 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 June 1, 2011 by adoption of Resolution No. 11-075,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 Engineers 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 Engineers 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 2011/12.
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.
The assessments for the District contained in the Engineers Report for Fiscal Year
2011/12 are hereby confirmed and levied upon the respective lots or parcels within
the District as set forth in said Engineers 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.
Resolution No. 11-114— NOT ADOPTED - Page 2 of 5
Each fiscal year beginning Fiscal Year 2012/13, the maximum amount of each
assessment(the"Maximum Assessment') may be increased by the lesser of 2.5%
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 2011 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, 2011 and ending June 30, 2012.
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. 2 and the City Council shall cease to levy assessments for Landscape
Maintenance District No. 2 and shall undertake such action as may be necessary to
dissolve Landscape Maintenance District No. 2.
Please see the following page
for formal adoption,celcation and signatures
Resolution No. 11-114—NOT ADOPTED - Page 3 of 5
PASSED, APPROVED, AND ADOPTED this 20`h day of July 2011.
AYES: --------------------------------------------
NOES: -----
ABSENT: ----
ABSTAINED: ----
L. Dennis Michael, 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 20'"day of July 2011.
Executed this 21st day of July 2011, at Rancho Cucamonga, California.
Janice C. Reynolds, City Clerk
Resolution No. 11-114— 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. 2-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 6,395
Total assessment ballots received
Total invalidated assessment ballots Z •7
Total duplicate assessment ballots 3
Assessment ballots received in favor of the proposed assessment: S�9
6
Weighted value of assessment ballots received in favor of theyY, Lf /
proposed assessment 31 0116, [ Q
Assessment ballots received in opposition to the proposed /,,
u 7
assessment: / I
Weighted value of assessment ballots received in opposition to the p p 3
proposed assessment /p� //��� of 3 5y`
This certification is executed this -Lot of 3 , 2011 in /1 Co,4 lUfAru^YA,//CaliforPnia.
By: C-'4 c Ave L-
Title:
Resolution No. 11-114— NOT ADOPTED - Page 5 of 5