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HomeMy WebLinkAbout01-213 - Resolutions RESOLUTION NO. 01-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE APPROVAL OF THE FORMATION OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 10, TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH ASSESSMENT DISTRICT FOR FISCAL YEAR 2001/2002 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE AND AS PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION, AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS: SECTION 1: By its previous Resolution No. 01-211, the City Council initiated proceedings pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (the "Act") and as provided by Article XIII D of the California Constitution, for the approval of the formation of Rancho Cucamonga Landscape Maintenance District No. 10, (the "Assessment District") described on maps on file in the office of the City Clerk and incorporated herein by reference, to levy and collect assessments against the assessable lots and parcels of land within such Assessment District for Fiscal Year 2001/2002 and ordered the Engineer, MuniFinancial, a Willdan company, to prepare and file a written report in accordance with Article XIII D, Section 4 of the California Constitution and Article 4 of Chapter 1 of the Act. The Engineer has prepared and filed a written report (the "Report") with the City Clerk, which pertains to the Assessment District, and by previous resolution, the City Council approved the Engineer's Report. SECTION 2: The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the approval for the formation and to levy and collect assessments against the assessable lots and parcels of land within such District for that portion of the fiscal year commencing July 1, 2001 and ending June 30, 2002 to pay the costs and expenses of the improvements described in Section 3. If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution, the City Council insubsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for Fiscal Year 2001/2002, increased each year based upon the Consumer Price Index, All Urban Consumers, for the San Bernardino-Anaheim-Riverside Area ("CPI"), as determined Resolution No. 01-213 Page 2 of 4 by the United States Department of Labor, or its successor without conducting another mailed ballot election. The Engineer shall compute the percentage of difference between the CPI for March of each year and the CPI for the previous March, and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. SECTION 3: The proposed improvements may be briefly described as follows: 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. 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 electricity for the irrigation and operation of the ornamental structures, landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures, landscaping and appurtenant facilities. SECTION 4: The general location and boundaries of the District are shown on maps on file in the office of the City Clerk, are incorporated herein by reference, and open to public inspection. The designation of the Assessment District is as follows: Rancho Cucamonga Landscape Maintenance District No. 10. SECTION 5: Reference is hereby made to the Engineer's Report, on file in the office of the City Clerk and open to public inspection, for a full and detailed description of the improvements, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. Resolution No. 01-213 Page 3 of 4 SECTION 6: Notice is hereby given that Wednesday, the 3`d day of October, 2001 at 7:00 p.m. in the Council Chambers of the City Hall of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91729, is the time and place fixed for a public hearing by the City Council on the question of the levy and collection of assessments for Fiscal Year 2001/2002 against lots and parcels of land within the District. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Procedures of the City applicable to the completion, return and tabulation of the ballots required pursuant to Article XIII D, Section 4 of the California Constitution are on file in the office of the City Clerk and open to public inspection. SECTION 7: The City Clerk is hereby authorized and directed to give notice of the public hearing as set forth in Section 6 in accordance with law. SECTION 8: The City Council hereby designates William J. O'Neil, telephone number (909) 477-2740, to answer inquiries regarding the hearing, protest proceedings, and procedural or technical matters. SECTION 9: Lots or parcels within the District that are owned or used by any county, city, city and county, special district or any other local or regional governmental agency, the State of California or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements. PASSED, APPROVED, AND ADOPTED this 19'" day of September 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alex der, Mayor Resolution No. 01-213 Page 4 of 4 ATTEST: D ra J. Adam �C, City Clerk 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 1 gch day of September 2001. Executed this 20`h day of September 2001, at Rancho Cucamonga, California. Debra . Adams, CM , City Clerk