RESOLUTION NO. 2023-066
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPE AND LIGHTING DISTRICT NO. 20021, TO LEVY ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2023-24, SETTING THE TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION, DETERMINING THE DURATION OF SUCH ASSESSMENTS AND PROVIDING FOR ANNUAL INCREASES IN THE AMOUNTS THEREOF AND FOR AN ELECTION THEREON FOR ANNEXATION NO. 88 OR ZONE 88.
WHEREAS, the City Council of the City of Chino (“City”) has initiated proceedings for the annexation of certain property to the Landscape and Lighting District No. 20021 of the City pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, for maintenance and servicing of public street light facilities as provided in Section 22525 of the Streets and Highways Code; and WHEREAS, as ordered by the City Council, the City Engineer (“Engineer”), has filed with the City Council a report regarding the assessments which are proposed to be levied on and collected from the owners of such property in Annexation No. 88 or Zone 88 of the Landscape and Lighting District for fiscal year 2023-24 to pay the costs of the maintenance and servicing of such public lighting and appurtenant facilities, and that report has been presented to and considered by the City Council; and WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Sections 22606 and 22587 of the Streets and Highways Code setting and providing for notice of the time and place of a public hearing on said report, the proposed annexation of such property to the Landscape and Lighting District No. 2002-1; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
Section 1. Findings. The City Council finds that:
The foregoing recitals are true and correct:
(b) The report of the City Engineer (the “Report”) contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may therefore be approved by the City Council; (c) The assessments which are proposed to be levied for fiscal year 2023-24 on all parcels of assessable property which are proposed to be annexed to the Maintenance District are based on special benefit conferred upon each such parcel from the payment of the costs of public lighting facilities and appurtenant facilities maintenance and servicing thereof; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the maintenance and servicing of public lighting and appurtenant facilities; and (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel.
Section 2. Intention. The City Council declares that it intends to annex the property described in Section 3 hereof to the Landscape and Lighting District No. 2002-1 and to levy assessments on all of the lots and parcels of assessable property which are proposed to be annexed to the Landscape and Lighting District No. 2002-1 for fiscal year 2023-24 in the amounts set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.
Section 3. Improvements. The improvement shall include the following:
(a) Streetlights (as shown on Exhibit “A”), and any facilities which are appurtenant to such public lighting facilities, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to all matters specified in subdivision (d) of Section 22525 of the Streets and Highways Code; and (b) The maintenance or servicing, or both, of public lighting facilities.
Section 4. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, which are proposed to be levied on the assessable lots and parcels of property in Annexation No. 88 or Zone 88 of the Landscape and Lighting District No. 2002-1 for fiscal year 2023-24.
Section 5. Duration of Assessments; Annual Increases and Election. The assessments shall be levied on all parcels of assessable property in Annexation Zone 88 of the Assessment District, as identified in the Report, so long as the assessments are necessary to finance the maintenance and servicing of the improvements specified in Section 3 hereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase for inflation, based on the Consumer Price Index (CPI). The assessment ballots which are to be mailed to the owners of assessable parcels of property in Annexation No. 88 or Zone 88, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amounts of the assessments as specified above.
Section 6. Hearing. The public hearing on the proposed annexation of the property within Annexation No. 88 to the Landscape and Lighting District No. 2002-1 and the assessments which are proposed be levied for fiscal year 2023-24 and which is required by Sections 22587 through 22594 and 22624 through 22629 of the Streets and Highways Code and Section 53753 of the Government Code is set for 6:00 p.m. on January 16, 2024 in the Council Chambers, 13220 Central Avenue, Chino, California.
Section 7. Notice of Hearing and Ballots. The City Clerk shall mail a notice of the proposed annexation and detachment and the proposed assessments and of the time and place of the public hearing, as specified in Section 6 hereof, to the record owner of each parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation No. 88 or Zone 88 of the Landscape and Lighting District No. 2002-1, the amount chargeable to each owner’s particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amounts of the proposed assessments were calculated, together with the date, time and location of the public hearing as specified in Section 6 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessment not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, assessment ballots submitted in opposition to the assessment exceed the assessment ballots submitted in favor of the assessment. There shall be included with each such notice mailed to owners of identified parcels within Annexation No. 88 an assessment ballot which includes the City’s address for receipt of any ballot when completed by any owner receiving such notice whereby such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessment.
APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER 2023.
EUNICE ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
State of California )
County of San Bernardino ) §
City of Chino )
I, Naralie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 7th day of November 2023, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachment: Exhibit A – Location Map Streetlights
RESOLUTION NO. 2016-XXX
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RESOLUTION NO. 2023-066