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HomeMy WebLinkAboutResolution - 2545 STATE OF CALIFORNIA ) RESOLUTION NO. 2545 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) OF THE CITY OF SAN JACINTO (LLPD NO. 2 - ANNEXATION NO. 18) WHEREAS. on June 17, 2004, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. 2544 initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc., the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code. and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineer's Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1, The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and servicing of street lights, traffic signals, graffiti removal and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of passage of Resolution No. 2545, are hereby preliminarily approved and confirmed. SECTION 3. The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. SECTION 4. Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 18 to the District_ SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 17th day of June, 2004. City of San Jacinto B ' i Ayre Mayor ATTEST: D rothy L. C uinard, City Clerk APPR ZS t M: N City Attorney Best Best & Kreiger Page 2 or 3 CERTIFICATION NOW I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No_ 2545 was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 17" day of June, 2004, by the following vote: Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield Nays: None Absent: Ayres Abstain: None WITNESS MY HAND AND OFFICIAL SEAL this 17th day of June, 2004. c orothy L. C uinard, City Clerk ti.. Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows. SECTION 9. Findings. The City Council of the City of San Jacinto finds 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 2004-05 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 servicing of street lighting, traffic signals, graffiti removal 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, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal 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 2004-05 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 Page 2 of 6 county taxes shall apply to the collection and enforcement of ... the assessments. 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 and traffic signals; (b) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities, and (c) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 18 to ,ftw 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. 18 is all the property which is identified by Riverside County Assessors Parcel Numbers 435-071-013, 435-040-016 and 435-055-0555. upon the completion of the annexation proceedings, the property which comprises Annexation No. 18 will be designated as Zone 18 of the District ("Zone 18"). The boundaries of Annexation No. 18 or Zone 18 are further described and shown in the Report. The territory included within Zone 18 is generally located on the West side of State Street, North of Seventh Street in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing L.andsraping, I ighting 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 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. 18 and the assessments which are proposed to be levied on the Page 3 of 6 assessable lots and parcels of property within Zone 18 for �.. fiscal year 2004-05_ 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. 18 or Zone 18 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. 18 or Zone 18, 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 2004-05 is set for 7:00 p.m. on June 17, 2004, 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 public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation 14mr No. 18 or Zone 18 to Landscaping, Lighting and Park District Page 4 of 6 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. 18 or Zone 18 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. ADOPTED, SIGNED AND APPROVED this 171h day of June, 2004. City of San Jacinto 1� �1 L B Ayre , Mayor ATTEST um"md orothy L. Vo uinard, City Clerk Page 5 of 6 CERTIFICATION I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 2546 was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 17th day of June, 2004, by the following vote: Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield Nays: None Absent. Ayres Abstain: None WITNESS MY HAND AND OFFICIAL SEAL this 17th day of June, 2604. orothy L. ouinard, City Clerk r Page 13 of 6