HomeMy WebLinkAboutResolution - 3275 STATE OF CALIFORNIA ) RESOLUTION NO: 3275
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND
COLLECT ASSESSMENTS WITHIN LANDSCAPING, LIGHTING AND
PARK DISTRICT 2 (LLPD 2) FOR FISCAL YEAR 2009-2010
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 2 2009-2010 LEVY)
WHEREAS, on April 4, 2002 the City Council of the City of San Jacinto, ("City')
adopted Landscaping, Lighting and Park District 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 2009-2010 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
imposed; and
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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 2009-2010 for the District; and
WHEREAS, by said Resolution the City Council ordered John Friedrich, RCE,
and NBS Government Finance Group (NBS) as the person and entity 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 and NBS 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 1. The City Council hereby declares that it is its Intent to levy
and collect assessments for The District during the Fiscal
Year 2009-2010 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, median islands, drainage facilities, parks and
appurtenant improvements.
SECTION 3. The report filed by Mr. Friedrich and NBS 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 2009-2010 assessments in each benefit
zone within Landscaping, Lighting and Park District 2 are
within the limits approved by petition of the property owners
when the assessments were originally imposed.
SECTION 5. The City Council hereby declares that the Finance Director
has authorization to adjust the LLPD 2 budget in the
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property tax lien year assessed to the amount authorized in
the levy. Finance Director shall process budget adjustments
with in each zone to reflect the actual costs anticipated in
each zone of benefit as assessed on the levy.
SECTION 6. On Thursday, July 2, 2009, at the hour of 7:00 p.m. or as
soon thereafter, during the course of its regularly scheduled
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 7. 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 8. This Resolution is adopted pursuant to Section 22622 of the
Streets and Highways Code.
PASSED, APPROVED AND ADOPTED this 18th June, 2009 by the following
vote:
Ayes: Di Memmo, Mansperger, Potts, Stubblefield
Nays: None
Absent: Ayres
Abstain: None
CITY OF SAN JACINTO
Dale Stubblefield yor
Barry M Ian, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
effrey S. Ballin er, City Attorney
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