HomeMy WebLinkAboutResolution - 3466 STATE OF CALIFORNIA ) RESOLUTION NO: 3466
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 2013-2014
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 2013-2014 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
District assessments proposed for the 2013-2014 Fiscal Year
are exerript 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 Csllfo,rru W1 t„�y
approved by petition of the property owners when the assessments were originally
imposed; and
... .L-O.EAS, 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
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WHEREAS, the adoption of this Resolution, among other things, is required in
order to levy the proposed assessments for Fiscal Year 2013-2014 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 2013-2014 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 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 2013-2014 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 property
tax lien year assessed to the amount authorized in the levy
up to the maximum assessment. The Finance Director shall
process budget adjustments within each zone to reflect the
actual costs anticipated in each zone of benefit as assessed
on the levy up to the maximum assessment.
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SECTION 6. On Tuesday, July 16, 2013, 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.
SECTION 8. This Resolution is adopted pursuant to Section 22622 of the
Streets and Highways Code.
PASSED, APPROVED AND ADOPTED this 181h day of June, 2013 by the
following vote:
Ayes: Kotyuk, Ledezma, Miller, Ruiz, Bartel
Nays: None
Absent: None
Abstain: None
CITY OF SAN JACINTO
Mark Bartel, Mayor
ATTEST:
r �
Ri hard Miller, City Clerk
APPROVED AS TO FORM:
"'4z 2� �,
Je ey` . Ballinger-,Or,ityAttorney
Best, Best & Krieger, LLP
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