Loading...
HomeMy WebLinkAboutResolution - 2331 STATE OF CALIFORNIA ) RESOLUTION NO. 2331 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING INTENTION TO FORM LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 AND TO LEVY AND COLLECT ASSESSMENTS AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED LEVY OF ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the formation of 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 servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, parks, and any appurtenant improvements as set forth in Section 22525 of the California Streets and Highways Code ("improvements"); and WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc. has filed with the City Clerk a report regarding the assessments 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, street trees, parkways, median islands, city parks and any appurtenant improvements, and that report has been presented to and considered by the City Council; 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 the formation of the proposed District and levy of assessments. 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 GFB - Friedrich and Associates, Inc. (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 on all parcels of assessable land within 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 servicing of street lighting, traffic signals, street trees, parkways, median islands, landscaping, parks 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 servicing of street lighting, traffic signals, street trees, parkways, median islands, landscaping, parks 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 levy assessments on all lots and parcels of assessable land proposed to be included in Landscaping, Lighting and Park District No. 2 of the City of San Jacinto, as set forth in the Report. Those 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. The City Council further declares its intent to detach, if necessary, any assessable land proposed to be included in the District from the existing Landscaping, Lighting and Park District No. 1, which was formed for similar purposes, in the event that the City Council adopts a resolution ordering the improvements and the formation of Landscaping, Lighting and Park District No. 2 of the City of San Jacinto in accordance with Streets and Highways Code Section 22594. SECTION 3. Improvements. The Improvements shall include the following: (a) the installation or construction 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, parkways, and median islands; (c) the installation or construction of park or recreational facilities; 01 ViEi;W04LI (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) 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. Formation of Assessment District. The distinctive designation of the proposed district is "Landscaping, Lighting and Park District No. 2 of the City of San Jacinto." The boundaries of the territory to be included in the District are described and shown in the Report. The general location of the territory to be included in the District is west of State Street, north of Ramona Express Way at the northerly extension of Chase Street in the City of San Jacinto. 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 Landscaping, Lighting and Park District No. 2 and the proposed assessments upon assessable lots and parcels of land therein. SECTION 6. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Landscaping, Lighting and Park District No. 2, 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 annual amount of the assessment to be levied on each parcel of assessable property in the District in each fiscal year may be increased by 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 the District, 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 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 levy of the proposed assessment is set for 7:00 p.m. on April 4, 2002, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. n .w�i_oiabdu SECTION 8. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the levy of the proposed assessment 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 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 ballots and shall include a disclosure 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 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 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. low SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 7th day of February, 2002. City of San Jacinto by Patrick A. Williams, Mayor Attest: G�ou c� J rothy L. 91houinard, City Clerk City of San to Appr s orm: tam City Attorney, City of San Jacinto ou,uwim;(Au I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No 2331 was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on tho 7th day of February, 2002. by the following vote: Ayes: Ayres, Carlson-Buydos, Conner, Good Nays: None Absent: Williams Abstain: None WITNESS MY HAND AND OFFICIAL_ SEAL this 7th day of February, 2002, orothy L. houinard, City Clerk OP IRJAo