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HomeMy WebLinkAbout00-081 - Resolutions RESOLUTION NO. 00-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO FORM A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO.9 AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS IN SUCH DISTRICT, SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS,the City Council of the City of Rancho Cucamonga,California,pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the A1972 Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act,Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"), did, by previous Resolution, initiate proceedings to form a special assessment district and ordered the preparation of an Assessment Engineer's Reportfor the levy of assessments within such proposed district, such special assessment district known and designated as Landscape Maintenance District No. 9 (the "Maintenance District"); and, WHEREAS,there has been presented and preliminarily approved by this City Council the Assessment Engineer's Report, as required by the Assessment Law; and WHEREAS,at this time the City Council desires to declare its intention to form such Maintenance District and to provide for the levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the installation and/or maintenance of the improvements in such Maintenance District; and, WHEREAS,the provisions of Article XIIID and the Implementation Act require as a prerequisite to the levy of any new assessment that the City Council conduct a public hearing pertaining to such proposed new assessment and that the record owners of all of the territory proposed to be included in the Maintenance District and to be assessed be given the right to submit assessment ballots in favor of or in opposition to the levy of such proposed new assessment; and WHEREAS,the provisions of Article XIIID and the Implementation Act further provide that such public hearing shall be conducted not less than 45 days after the mailing of a notice of such public hearing, accompanied by such assessment ballots,to the record owners of each parcel proposed to be assessed; and Resolution No. 00-081 Page 2 of 6 WHEREAS,the record owners of each parcel within the boundaries of the proposed Landscape Maintenance District which is proposed to be assessed have waived their right to have such public hearing be conducted not less than 45 days after the mailing of such notice, accompanied by such assessment ballots,and have requested that such public hearing be held on June 7, 2000. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED AS FOLLOWS: RECITALS SECTION 1: The above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2: The public interest and convenience requires, and it is the intention of the City Council, to order the formation of the Maintenance District and to levy and collect assessments to finance the payment of the annual costs and expenses for the installation and/or maintenance of all of the improvements for the Maintenance District. Such improvements and the installation and/or maintenance of such improvements are generally described as: The improvements to be installed are generally described as: Park improvements including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior citizen facilities, playground equipment, picnic facilities, major lighted athletic facilities,jogging trails, underground storm drain system, maintenance facilities and adjacent public street improvements. The improvements to be maintained are generally described as: Park improvements as described above and parkway landscaping, paseos and Community Trails. The maintenance of such improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including, but not limited to: a. repair, removal, or replacement of all or any part of any improvement; b. providing for the life, growth, health, and beauty of landscaping, including cultivation,irrigation,trimming, spraying, fertilizing, or treating for disease or injury; c. the removal of trimmings, rubbish, debris, and other solid waste; Resolution No. 00-081 Page 3 of 6 d. the cleaning, sandblasting, and painting of walls and other improvements to remove and cover graffiti;and e. furnishing of water for irrigation of any landscaping and the operation of any other improvements. In addition to the foregoing maintenance, the maintenance of the park improvements shall also include, but not be limited to: a. lawn mowing and fertilizing; b. tree and shrub trimming; c. irrigation system maintenance; d. road, sidewalk and parking lot maintenance; e. maintenance, operation and provision of electric current for any onsite or adjacent public lighting system; f. cleaning and maintaining restroom facilities; g. refuse pickup; and h. maintenance of equestrian trails, playground equipment, picnic facilities,maintenance facilities and athletic facilities. BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3: The improvements are of special benefit to the properties within the boundaries of the Maintenance District. The City Council previously declared the boundaries to encompass the area specially benefited by such improvements, and for particulars, reference is made to the boundary map as previously approved by the City Council, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ASSESSMENT ENGINEER SECTION 4: The Assessment Engineer's Report, as preliminarily approved by the City Council, is on file with the City Clerk and open for public inspection. Reference is made to such Report for a full and detailed description of the improvements to be installed and/or maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC HEARING SECTION 5: Notice is hereby given that a public hearing is hereby scheduled to be held in the City Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California, on June 7, 2000, at 7:00 PM. Resolution No. 00-081 Page 4 of 6 All interested persons shall be afforded the opportunity to hear and be heard.The City Council shall consider all oral statements and all written communications made or filed by any interested persons. The City Council shall, at the conclusion of the public hearing, also determine whether assessment ballots submitted pursuant to the Assessment Law in opposition to the proposed assessments within the Maintenance District exceed assessment ballots submitted in favor of such proposed assessments. RIGHT TO SUBMIT ASSESSMENT BALLOT Pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within the Maintenance District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots may be delivered by mail or personal delivery to the City Clerk at the following address at or before 5:00 PM on June 7, 2000: CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 After 5:00 PM on June 7, 2000, assessment ballots may be delivered to the City Clerk only at the location of the public hearing given above. All assessment ballots must be received by the City Clerk prior to the time that the public hearing is closed. An assessment ballot that is delivered by mail with a postmark which is prior to the date and time of the public hearing but which is not received by the City Clerk until after the public hearing is closed will not be counted. At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be tabulated. If a majority protest exists, the City Council shall not impose an assessment within the Maintenance District. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the Maintenance District exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. Resolution No. 00-081 Page 5 of 6 NOTICE SECTION 6: The City Clerk is hereby directed to mail notice pursuant to the Assessment Law of the Public Hearing and assessment ballot proceedings and the adoption of the Resolution of Intention and of the filing of the Assessment Engineer's Report, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. PROCEEDINGS INQUIRIES SECTION 7: The following staff person is designated to respond to all inquiries for any and all information relating to the proposed Maintenance District and these proceedings, including the assessment ballot procedure: WALTER C. STICKNEY ENGINEERING DEPARTMENT CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 TELEPHONE: (909) 477-2740, EXTENTION: 4017 EFFECTIVE DATE SECTION 8: This Resolution shall take effect immediately upon its adoption. The record of proceedings upon which this decision is based is located in the office of the City Clerk, who is the custodian of records for the same. PASSED, APPROVED,AND ADOPTED this 17`" day of May 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None e& William J. A Gander, Mayor ATTEST: A&-4— e, Debra J. Adam MC, City Clerk Resolution No. 00-081 Page 6 of 6 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 17`h day of May 2000. Executed this 18`h day of May 2000, at Rancho Cucamonga, California. G—dae'YA-�— De ra J. Adams MC, City Clerk