RESOLUTION NO. 2022-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, CONFIRMING THE
DIAGRAM AND ASSESSMENT FOR LIGHTING
MAINTENANCE DISTRICT NO. 84-1 FOR FISCAL YEAR
2023 AND TO DETACH CERTAIN TERRITORY FROM
THE DISTRICT
WHEREAS, on June 1, 2022, the City Council of the City of Corona (the “City Council”) adopted Resolution No. 2022-048, a resolution of intention pursuant to Section 22624 of the Streets and Highways Code, which among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of the assessable property within Lighting Maintenance District No. 84-1 (the “District”) for Fiscal Year 2023 pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”) for 6:30 p.m. on July 6, 2022, in the City Council Chambers of the City of Corona, at 400 South Vicentia Avenue, Corona, California; and WHEREAS, notice of said hearing was duly published as required by Sections 22552 and 22553 of said Act; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the District, had not been received.
WHEREAS, certain territory that is within the boundaries of the District described in Exhibit “A” attached hereto and incorporate herein by reference (“Detached Properties”) has now been included within or annexed to one or more community facilities districts established by the City of Corona (“CFD’s”); and
WHEREAS, the CFD’s provide the same services to the Detached Properties that were provided by the District; and
WHEREAS, the assessments levied by the District have not been levied on the Detached Properties as of the Detachment Year listed in Exhibit “A” that corresponds to each Assessor’s Parcel Number; and
WHEREAS, the City Council desires to detach the Detached Properties from the District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
2 SECTION 1. Findings and Approval of Final Report. The City Council find that:
(a) The foregoing recitals are true and correct;
(b) Compliance has been maintained with all of the applicable requirements of the Act;
(c) A majority protest to the levy and collection of the proposed assessment has not been filed;
(d) The City Council may therefore proceed to confirm the boundary and assessment for the District for Fiscal Year 2023, and order levy and collection of the assessment; (e) The assessment proposed to be levied on the lots and parcels of assessable property within the District for the maintenance and servicing of public lighting facilities during Fiscal Year 2023, as contained in the Final Annual Engineer’s Report prepared by Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are based on the proportionate special benefit derived by such lots and parcels from the availability of such public lighting facilities;
(f) The proportionate special benefit derived by each such lot or parcel has been determined in relationship to the entirety of the cost of the maintenance and servicing of such public lighting facilities;
(g) Such assessments do not exceed the reasonable cost of the proportional special benefit conferred on each such lot and parcel;
(h) Such assessments will not be increased over the amounts previously approved by the electors of the District or as otherwise permitted by the Act and Article XIIID of the California Constitution; and
(i) Based on the foregoing and the full record before the City Council, the Report as whole and each part thereof are finally approved and confirmed.
SECTION 2. Levy of Assessment. Pursuant to Section 22631 of the Streets and Highways Code, the adoption of this resolution constitutes the levy of the assessment for the maintenance and servicing of public lighting facilities within the District during Fiscal Year 2023, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the diagram and assessment contained in the Report with the County Auditor of the County of Riverside, who, pursuant to Section 22645 of the Streets and Highways Code, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the said assessment.
SECTION 3. Detached Territory. Pursuant to Sections 22605 et seq. of the Streets and Highways Code, the City Council hereby orders the detachment of the Detached Properties from the District. The Detached Properties are described in Exhibit “A” and Appendix D of the Report for the District for Fiscal Year 2023.
3 PASSED, APPROVED AND ADOPTED this 6th day of July, 2022.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
4 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at its regular meeting thereof held on the 6th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 6th day of July, 2022.
City Clerk of the City of Corona, California
[SEAL]
5 EXHIBIT “A”
DETACHED PROPERTIES
[SEE ATTACHED ONE (1) PAGE]
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