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HomeMy WebLinkAboutResolution - 2564 STATE OF CALIFORNIA ) RESOLUTION NO: 2564 �.- COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) FOR FISCAL YEAR 2004-2005 ACCEPTING THE ENGINEER'S REPORT AND GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE HEARING ON THE LEVY OF THE PROPOSED ASSESSMENT (LLPD NO. 2 2004-2005 LEVY) WHEREAS, on April 4, 2002 the City Council of the City of San Jacinto, ("City") adopted Landscaping, Lighting and Park District No. 2 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (the "Act"), for the maintenance and servicing of street lights, traffic signals, street trees, landscaping, parkways, median islands,drainage facilities, parks and appurtenant improvements; and WHEREAS, in November 1996 the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provisions by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of the Article which exemptions include the following: "(a) any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control." "(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;" and WHEREAS, the District assessments proposed for the 2004-2005 Fiscal Year are exempt from Proposition 218 because the assessments either generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California or they were approved by petition of the property owners when the assessments were originally vtftw imposed; and WHEREAS, the Act also requires that the City comply with certain procedural �•- and approval procedures before levying its annual assessments under an existing assessment district; and WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2004-2005 for the District; and WHEREAS, by said Resolution the City Council ordered John Friedrich, RCL, the person designated by this Council as the Engineer of Work for the District to file a report with the City Clerk in accordance with the Act; and WHEREAS, Mr. Friedrich has filed such report with the City Clerk, and such report has been presented to and was considered by the City Council. NOW THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of San Jacinto, California as follows: SECTION 9. The City Council hereby declares that it is its intention to levy and collect assessments for The District during the Fiscal Year 2004-2005 pursuant to the Act. The area to be assessed is located in the City of San Jacinto, Riverside County, California. The boundaries of The District are described in Exhibit A attached hereto. SECTION 2. The purpose of the District is for maintenance and servicing of street lights, traffic signals, street trees, landscaping, parkways, medianislands, drainage facilities, parks and appurtenant improvements. SECTION 3. The report filed by Mr. Friedrich which is on file with the City Clerk and which has been considered by the City Council at the meeting at which this Resolution has been adopted, is hereby accepted. All interested persons are referred to that report for a full and detailed description of the work, the boundaries of the proposed assessment district, and the proposed assessments upon assessable lots and parcels of land with the District. SECTION 4. The Fiscal Year 2004-2005 assessments in each benefit zone within Landscaping, Lighting and Park District No. 2 are within the limits approved by petition of the property owners when the assessments were originally imposed. SECTION 5. On Thursday, August 5, 2004, at the hour of 7:00 p.m. or as soon thereafter, during the course of its regularly scheduled Page 2 of 3 meeting, the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment The hearing will be held at the San Jacinto Unified School District Board Room at 2045 South San Jacinto Avenue, San Jacinto, California. SECTION 6. The City Clerk shall give notice of the time and place of said hearing by publishing a copy of this Resolution once in the Press Enterprise not less than ten (10) days before the date of the hearing SECTION 7. This Resolution is adopted pursuant to Section 22622 of the Streets and Highways Code. APPROVED AND ADOPTED this 15T" day of July, 2004 by the following vote: Ayes: Carison-Buydos, Shaw, Stubblefield, Ayres Nays: None Absent: Conner Abstain: None CITY OF SAN JACINTO By: Ayres, ayor ATTEST: D rothy L. Chg inard, City Clerk I APPROVED AS TO FORM: '1C� City Attorney Best, Best & Krieger, LLP Page 3 of 3 BOUNDARY MAP LANDSCAPING. LIGHTING AND i' PARK D?STRICT NO. 2 Fo, m� CITY 6F SAN JACW-o I E i , , - �h LFGFN] rlc� o I _ 7 Lighting Landscape Park District #2 Original Area and Annexations through Zone 18 Zone 1 and 1A Zone 10 - Sagecrest Development - Western Pacific - StatelChaselSagecrest - Rancho San Jacinto - 255 Utils - 177 Units • Zone 2 40 Zone 11 - CHNIEmpire Homes - Empire Homes - Wash ingtonlMeridian - TBD - 90 Units • Zone 3 Zone 12 - ❑iaz Development - JD Pierce - Cottonwood/Kirby - TBD - 69 Units • Zone 4 • Zone 13 - Osborne Development - Griffin Communities - Evans/Las Rosas - TBD - 37 Units - r Zone 5 Zone 14 Osborne Development - Mount San Jacinto College Ramona Blvd/Savory Lane - Eagle Dr I Country Village Dr 65 Units - 1 Unit Zone 6 Zone 15 - Canaday Development - Willow Creek Apartments - Cottonwood/Palm - 1555 S. Santa Fe I Esplanade - 66 Units - 52 Units Zone 7 Zone 16 - JD Pierce Development - Pacific Trades Development - Cottonwood/Kirby - 71" Street I Santa Fe - 249 Units - 19 Units • Zone 8 Zone 17 - Lennar Homes - Kalpesh Homes - Kirby 171h Street - Evans/Katrina Lane - 337 Units - 30 Units Zone 9 Zone 18 - CNH I Vantage Development - A72n Development - San Jacinto St/Ramona Expr. - 500 S. Stale Street - 225 Units - 3 Units