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Home My WebLink About13-078 - Resolutions **NOT ADOPTED — SEE RESOLUTIONS 13-077 and 13-079** RESOLUTION NO. 13-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR VICTORIA NEIGHBORHOOD PARKS AND LANDSCAPE MAINTENANCE DISTRICT (LMD 2), DETERMINING THE EXISTENCE OF A MAJORITY PROTEST AND ABANDONING THE PROCEEDINGS TO INCREASE SUCH ASSESSMENTS THEREIN WHEREAS, on September 1, 1982 by Resolution No. 82-157, the City Council of the City of Rancho Cucamonga ("City'), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") (California Streets and Highways Code section 22500 et seq.) established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 2;" and, WHEREAS, the City re-designated the district as "Victoria Neighborhood Parks and Landscape Maintenance District (LIVID 2)" (hereafter, referred to as the "District'); and, WHEREAS, on March 20, 2013 by Resolution No. 13-030, the City Council initiated proceedings to increase the assessments within the District to pay for the increased costs of maintenance and servicing of certain improvements pursuant to terms and provisions of the 1972 Act, Article XIII D of the Constitution of the State of California ("Article XIIID°) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.) (the "Omnibus Act" and, together with the 1972 Act and Article XIIID, the "Assessment Law"); and, WHEREAS, on April 17, 2013, by Resolution No. 13-040, 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 assessments 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 submitted and not withdrawn; and, WHEREAS, at this time, based upon the Certificate of Tabulation Official, this City Council hereby determines that the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessments and weighted as required by the Assessment Law exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessments 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 increasing the assessments within the 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 increase the proposed assessments within the District. 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 and made an operative part of this Resolution. SECTION 2. Assessment Ballot Tabulation. The assessment ballots submitted, and not withdrawn, pursuant to the Assessment Law in opposition to the proposed assessments and weighted as required by the Assessment Law exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessments 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 increased assessments within the District that prohibits this City Council from levying assessments at an increased rate therein as proposed, this City Council hereby orders that all proceedings to increase the assessments as proposed be abandoned. SECTION 4. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2). As a result of the existence of the majority protest and the abandonment of the proceedings to increase assessments, the LMD 2 existing assessments shall remain in full force and effect and the City may continue to levy assessments within LMD 2 as authorized pursuant to the Assessment Law. SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption. Please see the following page for formal adoption,certification and signatures Resolution No. 13-078— NOT ADOPTED- Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 5" day of June 2013. 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 5h day of June 2013. Executed this 6t' day of June 2013, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 13-078— 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 XIII D 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 and not withdrawn in the assessment ballot proceedings pertaining to Victoria Neighborhood Park and Landscape Maintenance District (LMD 2). 1 FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment and the assessment ballots submitted, and not withdrawn, 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 Total assessment ballots submitted and not withdrawn Assessment ballots submitted, and not withdrawn, in favor of the proposed assessment Weighted value of assessment ballots submitted, and not withdrawn, in favor of the proposed assessment Assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment Weighted value of assessment ballots submitted, and not withdrawn, in ol2position to the proposed assessment This certification is executed this day of , 2013 in California. By: Title: Resolution No. 13-078— NOT ADOPTED- Page 4 of 4