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HomeMy WebLinkAbout13-079 - Resolutions RESOLUTION NO. 13-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE FORMATION OF THE CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT CITIZENS' OVERSIGHT COMMITTEE AND MANDATING THAT THE VICTORIA NEIGHBORHOOD PARKS AND LANDSCAPE MAINTENANCE DISTRICT (LMD 2) BE SUBJECT TO ITS OVERSIGHT WHEREAS, the City of Rancho Cucamonga, California (the "City") has established landscape and lighting assessment districts (the "LMDs") pursuant to the Landscaping and Lighting Act of 1972 ("1972 Act") (California Streets and Highways Code section 22500 et seq.); and WHEREAS, the LMDs are located in communities throughout the City and provide a variety of landscape maintenance services that specially benefit properties within the respective LMDs; and WHEREAS, the City Council desires to form the Landscape Maintenance District Citizens' Oversight Committee (the "Committee") to provide oversight of the revenues received in certain of the City's LMDs through the review of annual financial audits for any LMD that is mandated to have oversight by the Committee; and WHEREAS, the City Council desires to solicit applicants for the Committee; and 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 (LMD 2)" (hereafter, referred to as "LMD 2"), and, WHEREAS, the City Council has determined that LMD 2 shall be subject to the oversight of the Committee after the Committee is formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: 1. Committee: The Landscape Maintenance District Citizens' Oversight Committee is hereby established. 2. Purpose: The purpose of the Committee is to provide oversight of the revenues received from properties located within certain of the City's LMDs through the review of annual financial audits for any LMD that is mandated to have oversight from the Committee. 3. Committee Composition: The Committee shall consist of five members of the public. a. All members of the Committee shall be at least 18 years of age. b. All members of the Committee shall own property within any LMD under the oversight of the Committee. C. The City Council shall solicit members of the Committee through an open application process. 4. Appointment: Committee members shall be appointed as follows: a. The City Clerk is hereby directed to solicit applications from prospective members of the public. b. An ad hoc committee consisting of a representative from the City Council Public Works Subcommittee and the Community Services Subcommittee will interview and shall recommend Committee Members for appointment at a subsequent City Council meeting. C. At a subsequent City Council meeting, the City Council shall approve appointments to the Committee. 5. Committee Responsibilities: The Committee shall have the following responsibilities for each fiscal year in which specified LMDs under their oversight collect revenues: a. Review the City's annual independent audit report with respect to the designated LMDs after it is prepared. b. Prepare and submit an independent written report to be presented to the City Council at a public meeting and made available to the public. C. The report shall summarize the results of the Committee's review of the City's annual independent audit report as it pertains to the identified respective LMDs. d. The Committee shall have no budgetary or operational decision-making authority and shall not allocate financial resources. 6. Compensation: Committee members shall serve without compensation. 7. Committee Operations: The Committee shall: a. Elect a Chair and Vice Chair at the first meeting of the Committee. Thereafter, the Committee shall annually elect a Chair and a Vice Chair, who shall act as Chair only when the Chair is absent. In the event the Chair seat or Vice Chair seat becomes vacant, the Committee shall elect a replacement Chair or Vice Chair at the next available meeting. b. Meet up to twice annually in fulfillment of their responsibilities. C. Conduct meetings in accordance with the Ralph M. Brown Act. d. Receive reasonable administrative or technical assistance from the Administrative Services and/or Public Works Services Department staff, to fulfill its responsibilities. Resolution No. 13-079 - Page 2 of 4 8. Term: Committee members shall serve for a term of four years. Members' terms are to be staggered. At the Committee's first meeting, members will draw lots to select three members to serve a four-year term; the remaining members will serve a two-year term. Other than for vacancies occurring prior to the end of a Committee member's term, subsequent appointments shall be made in accordance with the procedures outlined above. 9. Vacancies: a. The City Council may remove any Committee member by a majority vote and his or her seat shall be automatically deemed vacant. b. The City Council shall fill any vacancies on the Committee. 10. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2): LMD 2 shall be subject to the oversight of the Committee. Please see the following page for formal adoption,certification and signatures Resolution No. 13-079 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 5`" day of June 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None i L. Derinis Michael, Mayo ATTEST: ice C. Reynolds, Cit Jerk 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 5`" day of June 2013. Executed this 6v' day of June 2013, at Rancho Cucamonga, California. '< levado nice C. Reynolds, City Olerk Resolution No. 13-079 - Page 4 of 4