HomeMy WebLinkAboutResolution - 3431 STATE OF CALIFORNIA ) RESOLUTION NO: 3431
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 2012-2013
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 2012-
2013 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
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WHEREAS, the District assessments proposed for the 2012-2013 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
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 2012-2013 for the
District; and
WHEREAS, by said Resolution the City Council ordered 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, 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 2012-2013 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.
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SECTION 3. The report filed by 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 2012-2013 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 Acting
Finance Director has authorization to adjust the LLPD 2
budget in the property tax lien year assessed to the
amount authorized in the levy up to the maximum
assessment. The Acting 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 up to the maximum
assessment.
SECTION 6. On Tuesday, July 17, 2012, 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 Community Center at 625 S. Pico,
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.
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SECTION 8. This Resolution is adopted pursuant to Section 22622
of the Streets and Highways Code.
PASSED, APPROVED AND ADOPTED at a regular meeting of theCity
Council on the 19t' day of June, 2012 by the following vote:
Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Nays: None
Absent: None
Abstain: None
CITY OF SAN JACINTO
by Andrew F. Kotyuk, Mayor
ATTEST:
Richard Miller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
Jeffrey�Ballinger ity Attorney
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