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;
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(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.
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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:
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City Attorney, City of San Jacinto
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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
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