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HomeMy WebLinkAboutResolution - 3514 STATE OF CALIFORNIA ) RESOLUTION NO: 3514 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 2014-2015 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 2014-2015 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 2014-2015 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 Page 1 of 4 WHEREAS, new improvements or substantial changes in existing improvements are proposed for said LLPD 2 Zone 38 (Coventry Acres), a flood control basin, as further described below; 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 2014-2015 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 2014-2015 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. A flood control basin is hereby added to the improvements of Zone 38 (Coventry Acres). The flood control basin is composed of lots 1 through 12, inclusive, and lots 78 through 83, inclusive, of Tract Number 31097, in the City of San Jacinto, County of Riverside, State of California, as per map recorded in Book 398 pages 94 through 103, inclusive, of maps, in the Office of the Riverside County Recorder. The lots that compose the flood control basin are also known as Assessor's Parcel Numbers 434-520-001-9 through 434- 520-012-9, inclusive, and 434-522-001-5 through 434-522- 006-0, inclusive. The addition of the flood control basin to the improvements maintained by Zone 38 will not result in an Page 2 of 4 increase to the annual maximum assessment, as increased by the annual inflator, approved by the property owners, and assessable on real property within the boundaries of Zone 38. The flood control basin is necessary to protect the Tract and Zone improvements from flooding until other flood control measures are in place. SECTION 4. 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 5. The Fiscal Year 2014-2015 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 6. 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. SECTION 7. On Tuesday, July 15, 2014, at the hour of 6:30 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 8. 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 9. This Resolution is adopted pursuant to Section 22622 of the Streets and Highways Code. Page 3 of 4 PASSED, APPROVED AND ADOPTED this 17t" day of June, 2014 by the following vote: Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None City of San Jacinto By: A J Alonso Ledezma, Mayor r ATTES Richar Miller, City Clerk APPROVED AS TO FORM: Best, Best & Krieger, LLP. Jeffrey Bailing City Attorney Page 4 of 4