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HomeMy WebLinkAboutResolution - 2202 RESOLUTION NO. 2202 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING THE ENGINEER' S REPORT, AND DECLARING ITS INTENTION TO ANNEX TERRITORY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF PART 21 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, AND ORDERING PUBLIC MEETING AND HEARING THEREON Recitals: WHEREAS, the City Council for the City of San Jacinto, on June 16, 1992 , by Resolution, caused the formation of Landscaping, Lighting and Park District No. 1 ("District") pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections 22500 et. seg. , hereinafter the "Act") ; and WHEREAS, by Resolution No. 2193 , made on April 5 , 1994 , the City Council for the City of San Jacinto, initiated proceedings for the annexation of certain territory to Landscaping, Lighting and Park District No. 1; and WHEREAS, pursuant to Resolution No. 2193 , GFB-Fredrich & Assoc. , was designated engineer for the purpose of said annexation proceedings, and was thereby directed to prepare it's report and diagram of the territory to be annexed pursuant to Article 4 of the Act; and WHEREAS, the engineer has filed his report and diagram with the City Clerk, NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: Section 1. Engineer' s Report: The report and diagram of the engineer, previously presented to Clerk of the City of San Jacinto, the content of which is hereby incorporated in this resolution by reference, are hereby preliminarily approved. A copy of the report is available for inspection and is on file in the office of the City Clerk, City of San Jacinto. Reference to said report is hereby made for all particulars relating to the amount and extent of assessments and for a description of the work and improvements. 1 Section 2 . Declaration of Intention to Annex Territory: The City Council for the City of San Jacinto proposes and hereby declares its intent to annex territory, described below, to existing Landscaping, Lighting and Park District No. 1, which District was previously established pursuant to the Act. The territory proposed to be annexed is comprised of those areas within the City of San Jacinto, annexed by the City since formation of the District. The territory proposed to be annexed to the City are generally described as City Annexation Nos. 59 , 66, 70 , and 71. Legal descriptions and maps describing these City annexed areas, proposed now to be annexed to the District, are on file in the office of the City Clerk of the City of San Jacinto and are shown on Exhibit "A" to this resolution entitled "Boundary Map Including Proposed Annexations, Landscaping, Lighting and Park District No. 111 , which map is also on file in the Office of the City Clerk. Section 3 . Description of WorklLocal Benefit: In annexing the territory described above, the City Council specifically finds that the public interest and convenience requires, and it is the intention of the City Council of the City of San Jacinto, that an order be made requiring the following work to be done within the territory proposed to be annexed, as follows: a. Installation, construction, maintenance and servicing of facilities and landscaping as authorized by Section 22525 of the Streets and Highways Code, including service and maintenance of street lighting, street trees, park-ways, median islands, city parks and graffiti removal. b. Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof. In making this order for intended annexation, the City Council hereby finds that the contemplated work and improvements are of more local than ordinary benefit, and that the City Council intends that the expenses of said work be made chargeable upon a district, which shall be assessed to pay the costs and expenses thereof. The assessments and zones for calculations thereof are described below in Section 4 . Section 4. Assessments Zones Calculation: Upon annexation, the assessments proposed within the engineer' s report shall be collected at the time and in the same manner as county taxes are collected. The engineer shall file a report annually with the City Clerk, and the City Council will annually conduct a hearing upon said report, prior to August 10 of each year, at which time assessments for the next fiscal year will be determined. The engineer' s report proposes that the parcels within the proposed annexed territory be designated by one or 2 more of five different zones and that assessments be calculated depending upon the location and circumstances of each particular parcel. The zones are designated as: Zone A: Landscape Zone Zone B: Street Lighting Zone Zone C: No Street Lighting, No Street Tree Zone Zone D: Park Zone Zone E: City wide Street Tree Zone Reference is hereby made to the Engineer' s Report and to the Boundary Map for a more particular description of the proposed zones and to their locations. The Engineer' s Report and Boundary Map are on file and available for public inspection in the Office of the City Clerk, City of San Jacinto. Section 5. Time and Place of Meeting and Hearing. NOTICE IS HEREBY GIVEN that the City Council appoints Tuesday, the 21st of June, 1994 , at 7: 30 p.m. and Tuesday, the 5th of July, 1994 , at 7 :30 p.m. ; both in the San Jacinto City Council Chambers at the Community Center, 625 South Pico Avenue, San Jacinto as the times and place for a Public Meeting and a Public Hearing, respectively, for hearing testimony, protests or objections to the annexation of the territory described herein to Landscaping, Lighting and Park District No. 1 and the levy thereon of the proposed assessments. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests or communications made or filed by any interested person. Prior to conclusion of the public hearing, any interested person may file a written protest with the City Clerk or having previously filed a protest may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner must contain a description sufficient to identify the property owned by the signor thereof. Section 6 . Landscaping and Lighting Act of 1972 : All of the work herein proposed shall be done and carried through in pursuant of an act of the legislature of the State of California designated as the Landscaping and Lighting Act of 1972 , being Division 15 of the Streets and Highways Code of the State of California. Section 7 . Mailing of Notice: The City Clerk is directed to mail notices of the adoption of this Resolution of Intention to all persons owning real property within the boundaries of the proposed annexation, whose names and addresses appear in the last equalized assessment roll for taxes, in the manner and form provided for under Section 22556 of the said Landscaping and Lighting Act of 1972 of said Streets and Highways Code and pursuant to Government Code Section 54954 . 6 (c) . Such mailing shall be made at least 45 days prior to the date set for the Public Hearing. 3 Section 8 . Certification: The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this loth day of May, 1994 , on the following vote: AYES: Councilmembers Leahy, Solorio, Mayor Hafliger NOES: None ABSTAIN: None ABSENT: Councilmember WilliaTs 61 11�hl Mlajor F I U o ATTEST: Dave Anderson, City Clerk T TE OF CAL FORMIA ST COUNTY OF RIVERSIDE CITY OF SAN JACINTO 4