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HomeMy WebLinkAboutResolution - 3500 STATE OF CALIFORNIA ) RESOLUTION NO. 3500 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING ITS INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2014-15 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON FOR THE PROPERTY (COMMONLY KNOWN AS BOOS DEVELOPMENT WEST, LLC, ASSESSOR'S PARCEL NO. 437-220-009) (LLPD NO.2, ANNEXATION NO. 88) WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the annexation of certain property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code ("Act"), for the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, sidewalks, drainage facilities and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council, NBS has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal, landscaping, sidewalks, drainage facilities and any improvements appurtenant thereto, and that report has been presented to and considered bythe City Council; and, WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping. Lighting and Park District No. 1 and the assessments levied thereby finance the such improvements provided by the District, it should be detached from Landscaping, Lighting and Park District No. 1; and, WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District and the proposed assessments. Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: Section 1: Findings. The City Council of the City of San Jacinto finds that: (a) The foregoing recitals are true and correct; (b) The report of NBS (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 2014-15 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/or servicing of street lighting, traffic signals, graffiti removal, landscaping, sidewalks, drainage facilities 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/or servicing of street lighting, traffic signals, graffiti removal, landscaping, sidewalks, drainage facilities 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 2014-15 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 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 Page 2 of 5 following: (a) The installation or construction or operation of public lighting, facilities, including, but not limited to, street lights, and traffic signals; (b) The installation or planting of landscaping, including, but not limited to, street trees, and parkways; (c) The installation or construction of sidewalks, curb and gutter, storm drains, and catch basins; (d) The installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (c) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) The maintenance and servicing of any of the foregoing. Section 4: Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 88 to 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. 88 is the property which is identified by Riverside County Assessor's Parcel Number: 437-220-009. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 88 will be designated as Zone 88 of the District ("Zone 88"). The boundaries of Annexation No. 88 or Zone 88 are further described and shown in the Report. The territory included within Zone 88 is generally located in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing Landscaping, Lightingand 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. 88 and the assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 88 for fiscal year 2014-15. 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. 88 or Zone 88 of the Page 3 of 5 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. 88 or Zone 88, 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 2014-15 is set for 7:00 p.m. on April 15, 2014, at the San Jacinto Community Center at 625 S. Pico, 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 No. 88 or Zone 88 to Landscaping, Lighting and Park District 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 Page 4 of 5 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. 88 or Zone 88 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. PASSED, APPROVED and ADOPTED, at a regular meeting of the City Council on the 1st day of April, 2014, by the following vote: Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstained: City of San Jacinto 1 Alonso Ledezma, Maye-% ATTEST: -,_Z` 1Lli la[ . Richard Miller, City Clerk APPROVED AS TO FORM: Best, Best & Krieger, LLP Jeffre . Ballinger, ity Attorney Page 5 of 5