RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO THE RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 COMMENCING WITH FISCAL YEAR 2024/2025; AND THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2024/2025 WHEREAS, the City Council of the City of Rialto, California, (hereinafter the “City Council”), has by previous Resolution established the Landscaping and Lighting Maintenance District No. 2, (hereinafter the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), that provides for the levy and collection of assessments by the City of Rialto to pay for the maintenance and service of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the City Council desires to initiate proceedings for the annexation of territory to the District including all parcels of land within PPD 2019-0036 (CROWN ENTERPRISES, INC.), PPD 2020-0025 (POBLANO REAL ESTATE HOLDINGS, LLC), (hereinafter referred to as the “Annexation Territory”) commencing in Fiscal Year 2024/2025, and to levy and collect annual assessments against lots and parcels of land within the Annexation Territory commencing in Fiscal Year 2024/2025 to pay for the operation, maintenance and servicing of local landscaping and/or lighting improvements, and appurtenant facilities related thereto that will provide special benefits to those properties pursuant to the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); and WHEREAS, the City Council has retained Webb Municipal Finance, LLC, who has prepared and filed an Engineer’s Report with the City Clerk in accordance with Chapter 4, Article 2 of the Act and the provisions of the California Constitution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The territory of land to be annexed to the District incorporates all of the lots and parcels of land within the Annexation Territory as described in the Assessment Roll (Exhibit A).
Section 2: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to, the regular maintenance, operation and incidental expenses related to the local landscaping and/or street lighting improvements within the public right-of-ways or easements associated with the development of properties within the Annexation Territory which may include, but are not limited to, landscaped parkways, medians, slopes, or other public areas, and/or street lighting improvements which shall be maintained by the City for the special benefit of the properties therein. The Engineer’s Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.
Section 3: The City Council hereby determines that in order to provide an appropriate level of maintenance and related services and activities for the improvements within the Annexation Territory as generally described in Section 2 of this Resolution, it is necessary to levy annual special benefit assessments on the lots and parcels within the Annexation Territory identified in Section 1, commencing in Fiscal Year 2024/2025.
Section 4: The City Council hereby orders the Engineer of Record to prepare and file with the City Clerk an Engineer's Report concerning the proposed annexation of the Annexation Territory to the District, and the proposed levy of special benefit assessments for properties beginning the Fiscal Year commencing July 1, 2024, and ending June 30, 2025, in accordance with Chapter 3 Section 22622 of the Act. Said Engineer’s Report shall establish the estimated budget of anticipated expenses and the resulting proposed maximum assessments, including an annual inflationary adjustment, that will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the assessments so described may only be imposed pursuant to the provisions of the Act and the California Constitution.
PASSED APPROVED AND ADOPTED this 25th day of February 2025. _______________________________
JOE BACA, Mayor
ATTEST:
_________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
_________________________________
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 25th day of February 2025.
Upon motion of Council Member ___________, seconded by Council Member ____________, the foregoing Resolution No. __________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of ____________, 2025. _______________________________
BARBARA A. McGEE, CITY CLERK
- PAGE \* MERGEFORMAT 4-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28