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Home My WebLink About01-224 - Resolutions RESOLUTION NO. 01-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT, ORDERING THE FORMATION OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 10, AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT FOR FISCAL YEAR 2001/2002 AND CONFIRMING DIAGRAMS AND ASSESSMENTS PURSUANT TO THE PROVIISONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION WHEREAS, the City Council by its Resolution No. 01-211 initiated proceedings, and by its Resolution No. 01-213 declared its intention to form Rancho Cucamonga Landscape Maintenance District No. 10 (the "District") and to levy and collect assessments against lots and parcels of land within such District pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (the "Act"), to pay for the costs and expenses of operating, maintaining and servicing ornamental structures, landscaping and appurtenant facilities located within public places within the boundaries of the District; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report in connection with the proposed formation of the District and collection of assessments against lots and parcels of land within the District, and the City Council did by previous resolution approve such report (the "Engineer's Report"); and WHEREAS, the City Council desires to form the District and levy and collect assessments against lots and parcels of land within the District for the fiscal year commencing July 1, 2001 and ending June 30, 2002, to pay for the costs and expenses of operating, maintaining, and servicing ornamental structures, landscaping and appurtenant facilities located within public places within the boundaries of the District; and WHEREAS, the property owner has submitted a signed and notarized petition waiving their rights to the forty-five day notice period for the public hearing on the proposed District. WHEREAS, the City has conducted a mailed ballot election in connection with the levy of assessments within the District in accordance with Article XIII D of the California Constitution, and has tabulated ballots in accordance with the "City of Rancho Cucamonga, Landscape Maintenance Assessment District, Procedures for the Completion, Return, and Tabulation of Assessment Ballots". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Resolution No. 01-224 Page 2 of 5 SECTION 1: Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. 01-213, the Engineer's Report prepared in connection with the proposed District and the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. SECTION 2: The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIII D of the California Constitution with respect to the District. All oral and written protests and objections to the formation of this District and the proposed levy and collection of assessments are hereby overruled by the City Council. SECTION 3: Based upon its review of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information, the City Council hereby finds and determines with respect to the District included in the modified Engineer's Report, that: (i) the land within the District will be specially benefited by the operation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, drainage devices, and drywells, located in public places within the boundaries of the District; and (ii) the District includes all lands so specially benefited; (iii) the net amount to be assessed upon the lots and parcels within the District in accordance with the assessment for the fiscal year commencing July 1, 2001 and ending June 30, 2002 is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements; and (iv) only special benefits are assessed and no assessment is imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. SECTION 4: The City Council hereby orders the proposed improvements to be made as set forth in the Engineer's Report, which improvements are briefly described as follows: The operation, maintenance and servicing of ornamental structures, landscaping, including trees, Resolution No. 01-224 Page 3 of 5 shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, drainage devices and drywells located in public places within the boundaries of the District. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water and electricity for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures or appurtenant facilities. SECTION 5: The City Council hereby confirms the diagrams and assessments set forth in the Engineer's Report. The maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities shall be performed pursuant to law. Commencing with Fiscal Year 2001/2002, the County Auditor of San Bernardino County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessment after deduction of any compensation due the County for collection shall be paid to the City Treasurer. For Fiscal Year 2001/2002, the City's representative is hereby authorized and directed to collect such assessments. SECTION 6: The assessments are in compliance with the provisions of the Act and Article XIII D of the California Constitution, and the City Council has complied with all laws pertaining to the levy of annual assessments pursuant to the Act and Article XIII D of the California Constitution. SECTION 7: The assessments are levied for the purpose of paying the costs and expenses of the improvements described in Section 5, above, for Fiscal Year 2001/2002. SECTION 8: The City Treasurer shall deposit all money representing assessments collected for the District to the credit of a special fund known as "Improvement Fund, City of Rancho Cucamonga Landscape Maintenance District No. 10" and such money shall be Resolution No. 01-224 Page 4 of 5 expended only for the maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities as described in Section 5 above. SECTION 9: The adoption of this resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2001 and ending June 30, 2002. SECTION 10: A certified copy of the diagrams and assessments shall be filed in the office of the City Clerk and shall be open for public inspection. PASSED, APPROVED, AND ADOPTED this 7`" day of November 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None % Willia . Alexander, Mayor ATTEST: Ara da MC, City Clerk Resolution No. 01-224 Page 5 of 5 I, DEBRA J. ADAMS, 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 November 2001. Executed this 8th day of November 2001, at Rancho Cucamonga, California. Z� Debra J. Adam , CMC, City Clerk