HomeMy WebLinkAboutResolution - 2736 STATE OF CALIFORNIA ) RESOLUTION NO. 2736
COUNTY OF RIVERSIDE )Ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2),
TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR
FISCAL YEAR 2005-06 AND PROVIDING NOTICE OF TIME AND
PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE
PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH
ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF
AND PROVIDING FOR ELECTION THEREON FOR THE PROPERTY
(COMMONLY KNOWN AS NATIONAL ASSURANCE GROUP, INC.,
TRACT NO. 27335) (LLPD NO. 2, ANNEXATION NO. 40)
WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City')
has initiated proceedings for the annexation of certain property to Landscaping, Lighting
and Park District No_ 2 of the City of San Jacinto ("District"), pursuant to the
Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of
Division 15 of the Streets and Highways Code ("Act"), for the installation, operation,
maintenance andfor servicing of street lights, traffic signals, graffiti removal,
landscaping, drainage facilities and any improvements appurtenant thereto as provided
in Section 22525 of the California Streets and Highways Code; and
WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc.
has filed with the City Clerk a report regarding the assessments which are proposed to
be levied and collected from the owners of assessable property within the District to pay
the costs of the installation, operation, maintenance and servicing of street lighting,
traffic signals, graffiti removal and improvements appurtenant thereto, and that report
has been presented to and considered by the City Council; and
WHEREAS, upon the annexation of such property to the District, and to the
extent such property is included within Landscaping, Lighting and Park District No. 1
and the assessments levied thereby finance the such improvements provided by the
District, it should be detached from Landscaping, Lighting and Park District No.I.
WHEREAS, it is necessary that the City Council adopt a resolution of intention
pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix
and give notice of the time and place of a public hearing on said report, the proposed
annexation of such property to the District and the proposed assessments.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
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SECTION 1. Findings. The City Council of the City of San Jacinto finds
NOW that:
(a) The foregoing recitals are true and correct,
(b) The report of GFB - Friedrich and Associates, Inc.
(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 2005-06 on all parcels of assessable
property that are proposed to be annexed to
Landscaping, Lighting and Park District No. 2, are
based on special benefit conferred upon each such
parcel from the payment of the cost of the installation,
operation, maintenance and/or servicing of street
lighting, traffic signals, graffiti removal, landscaping,
drainage facilities and appurtenant improvements;
(d) The proportionate special benefit derived by each
such parcel has been determined in relationship to
the entirety of the capital cost of the installation,
`r► operation, maintenance and servicing of street
lighting, traffic signals, graffiti removal, landscaping,
drainage facilities and appurtenant improvements;
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 4 to the District, to detach
such property from Landscaping, Lighting and Park District
No. 1, and to levy assessments on all lots and parcels of
assessable property which are proposed to be annexed to
Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto for fiscal year 2005-06 in the amount 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.
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SECTION 3. Improvements. The Improvements which shall be provided
for the property proposed to be annexed to the District by
and through the assessments levied annually thereon shall
include the following:
(a) the installation or construction of public lighting,
facilities, including, but not limited to, street lights;
(b) the installation or planting of landscaping, including,
but not limited to, street trees, parkways, and median
islands;
(c) the installation or construction of park or recreational
facilities;
(d) the installation or construction of any facilities which
are appurtenant to any improvements listed in (a)
through (d) or which are necessary or convenient for
the maintenance or servicing thereof including, but
not limited to, irrigation, drainage, and electrical
facilities; and
(e) the maintenance and servicing of any of the
foregoing
SECTION 4. Annexation to Assessment District. The distinctive
designation of the annexation is "Annexation No. 40 to
Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto." The property which is proposed to be annexed
to the District and which comprises Annexation No. 40 is all
the property which is identified by Riverside County
Assessor's Parcel Numbers431-410-001; 431-410-002; 431-
410-003; 431-410-004; 431-410-005, 431-410-006; 431-410-
007; 431-410-008; 431-410-009; 431-410-010; 431-410-011;
431-410-012; 431-410-013, 431-410-014; 431-410-015.
Upon the completion of the annexation proceedings, the
property which comprises Annexation No. 40 will be
designated as Zone 40 of the District ("Zone 40"). The
boundaries of Annexation No. 40 or Zone 40 are further
described and shown in the Report. The territory included
within Zone 40 is generally located in the City of San Jacinto,
County of Riverside. Upon completion of the annexation
proceedings, such territory shall be detached from existing
Landscaping, Lighting and Park District No. 1.
SECTION 5. Report and Assessments. The Report, which is on file with
the City Clerk of the City Council, and which has been
Page 3 of 6
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, the boundaries of Annexation No. 40 and the
assessments which are proposed to be levied on the
assessable lots and parcels of property within Zone 40 for
fiscal year 2005-06.
SECTION 6. Duration of Assessments and Inflation Increases and
Election Thereon. The assessments shall be levied on all
parcels of assessable property within Annexation No_ 40 or
Zone 40 of the District, as identified in the Report, so long as
the assessments are necessary to finance the Improvements
specified in Section 3 and the maintenance and servicing
thereof. The assessment amounts contained in the Report
shall be subject to an annual adjustment or increase in an
amount equal to the percentage increase in the Consumer
Price Index — All Urban Consumers for the Los Angeles —
Anaheim — Riverside Area; provided however that the
amount of the assessment to be levied on any assessable
parcel in any fiscal year shall not be increased by more than
seven and one—half percent (7.5%), and the amount of the
assessment to be levied on any parcel in any fiscal year
shall not in any event exceed the actual total cost of the
proportional special benefit conferred on that parcel. The
assessment ballots, which are to be mailed to the owners of
assessable parcels of property in Annexation No. 40 or Zone
40, as provided in Section 8 hereof, shall clearly indicate that
the property owners are voting on the duration of and annual
increases in the amount of the assessments as specified
above.
SECTION 7. Hearing. The time and place of the hearing required by
Section 22587 through 22594 of the Streets and Highways
Code concerning the proposed annexation of the property
described in Section 4 hereof to the District, the proposed
detachment from Landscaping, Lighting and Park District
No. 1, and the assessments which are proposed to be levied
for fiscal year 2005-06 is set for 7:00 p.m. on April 21, 2005,
at the San Jacinto Unified School District Board Room,
located at 2045 S San Jacinto Avenue, San Jacinto,
California.
SECTION 8. Notice of Hearing and Ballots. The City Clerk of the City
Council shall mail notice of the proposed annexation and the
proposed assessments and of the time and place of the
1%W public hearing, as specified in Section 7 hereof, to the record
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owner of each assessable parcel of property identified in the
*AW Report. Such notice shall specify the total amount of the
assessment chargeable to all the property within Annexation
No. 40 or Zone 40 to Landscaping, Lighting and Park District
No. 2, 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 amount of the
proposed assessments was calculated, together with the
date, time and location of the public hearing on the proposed
assessments as specified in Section 7 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 assessments not being
levied, and that a majority protest will exist if, upon the
conclusion of the hearing, ballots submitted in opposition to
the assessments exceed the ballots submitted in favor of the
assessments. Each such notice mailed to owners of
identified parcels within Annexation No. 40 or Zone 40 to
Landscaping, Lighting and Park District No. 2 shall contain a
ballot which includes the City's address for receipt of any
ballot when completed by any owner receiving such notice
whereby each such owner may indicate his or her name,
reasonable identification of the parcel and support or
opposition to the proposed assessments_
SECTION 9 That the Mayor shall sign this Resolution and the City Clerk
shall attest and certify to the passage and adoption thereof.
Page 5 of 6
ADOPTED, SIGNED AND APPROVED this 21" day of April, 2005, by the
following vote:
Ayes: Ayres, Ritchie, Shaw, Stubblefield, Carlson-Buydos
Nays: None
Absent: None
Abstain: None
Cit:nsonBuydos
San Jaci to
By:
s arl
ATTEST:
1'l c�Vt-(iy?GEC I
D] othy L. Chq inard, City Clerk
.�, APPROVED AS TO FORM:
0� f3�
Cit�omey, City S�aaJacinto
Best, Best & Krieger, LLP.
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