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HomeMy WebLinkAbout13-042 - Resolutions RESOLUTION NO. 13-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT ASSESSMENT BALLOTS ON BEHALF OF THE CITY OF RANCHO CUCAMONGA IN THE PROCEEDINGS TO INCREASE ASSESSMENTS FOR VICTORIA NEIGHBORHOOD PARKS AND LANDSCAPE MAINTENANCE DISTRICT(LMD 2)AND PROVIDING DIRECTION ON THE SUBMISSION OF SAID ASSESSMENT BALLOTS WHEREAS,the City Council of the City of Rancho Cucamonga (the"City"), acting underthe Landscaping and Lighting Act of 1972 (the "1972 ACT"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of procedures for the increase of assessments in the Victoria Neighborhood Parks and Landscape Maintenance District(LMD 2) , so that property owners may approve increased funding for the maintenance and servicing of improvements; and WHEREAS, pursuant to the provisions of Section 4 of Article XIIID of the California Constitution, the City retained the services of NBS to provide assessment engineering services pertaining to the proceedings to consider the increase in assessments in LMD 2, including but not limited to, the identification of those properties that will receive special benefit from the maintenance and servicing of the improvements; and WHEREAS, NBS has determined that certain properties owned by the City and located within the boundaries of LMD 2 will receive special benefits from the maintenance and servicing of the improvements, and WHEREAS,such City of Rancho Cucamonga properties(the"City Properties")are located at 12427, 12467 and 12525 Base Line Road, 7086 Etiwanda Avenue,the parcel identified as APN 1089593010000 on Etiwanda Avenue (Chaffey Garcia House), and 6940 Benevento Place, and pursuant to the City of Rancho Cucamonga Landscape Maintenance District No. 2 Fiscal Year 2013/14 Engineer's Report (the"Engineer's Report")dated April 2013 and prepared and submitted by NBS to the City Council, assessments of $17,171 are proposed to be levied against the City Properties for Fiscal Year 2013/14(the"Proposed Assessments")to represent the special benefits to be received by the City Properties; and WHEREAS,the City Council has, pursuant to the Assessment Law, set a public hearing to be held on June 5, 2013 to consider the increase in assessments in LMD 2 and directed the City Clerk to give notice of such public hearing,together with assessment ballots pursuant to which the record owners of all properties proposed to be assessed may express their support for or their opposition to the proposed increase in assessments against their properties; and WHEREAS,the City Council concurs that the Proposed Assessments represent the special benefits to be received by the City Properties and has determined that it would be in the public interest for the City to support the levy of the Proposed Assessment on the City Properties. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga, as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby designates the City Manager or his designee as the representative of the City of Rancho Cucamonga for the purpose of completing and submitting assessment ballots on behalf of the City of Rancho Cucamonga pertaining to the Proposed Assessments applicable to the City Properties and directs the City Manager or his designee to complete the assessment ballots to indicate the support of the City of Rancho Cucamonga to the levy of the Proposed Assessments against the City Properties. SECTION 3. That this resolution shall become effective upon its adoption. Please see the following page for formal adoption,certification and signatures Resolution No. 13-042 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 17'" day of April 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None L. ennis Michael, Mayor ATTEST: cece rc�' -0OL nice C. Reynolds, C y 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 17'" day of April 2013. Executed this 18t' day of April 2013, at Rancho Cucamonga, California. ice C. Reynolds, City Clerk Resolution No. 13-042 - Page 3 of 3