HomeMy WebLinkAboutResolution - 3625 STATE OF CALIFORNIA ) RESOLUTION NO: 3625
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 2016-2017 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 2016-2017 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 2016-2017 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, no new improvements or substantial changes in existing improvements
are proposed for said LLPD 2; and
Page 1 of 4
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 2016-2017 for the District; and
WHEREAS, by said Resolution the City Council ordered 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 2016-
2017 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 the report on file with
the City Clerk.
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 prepared 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 2016-2017 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.
Page 2 of 4
SECTION 6. On Tuesday, July 12, 2016, at the hour of 6:30 p.m. or as soon
thereafter, during the course of its adjourned regular 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 Unified School District Chambers at 2045 S.
San Jacinto Avenue, 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 7th day of June, 2016 by the following
vote:
Ayes: Gagnepain, Ledezma, Miller, Kotyuk
Nays: None
Absent: Ruiz
( � Abstain: None
City of San Jacinto
Andrew . Kotyuk, Mayor
ATTEST:
Peg: h Int m City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
Jeffrey S. Ballinger, City Attorney
Page 3 of 4
CERTIFICATION
I, Peggy J. Johns, Interim City Clerk of the City of San Jacinto do hereby certify that
the foregoing Resolution No. 3625 was duly passed, and adopted at a regular meeting of the
City Council of the City of San Jacinto held on the 7th day of June, 2016, by the following
vote:
Ayes: Gagnepain, Ledezma, Miller, Kotyuk
Nays: None
Absent: Ruiz
Abstain: None
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND THE Official Seal of the
City of San Jacinto this 71h day of June, 2016.
Peggy J. Johns, Interim City Clerk
I
Page 4 of 4