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HomeMy WebLinkAboutResolution - 2339 v STATE OF CALIFORNIA ) RESOLUTION NO. 2339 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CONFIRMING DIAGRAM AN D ASSESSM ENT FOR LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 AND LEVYING ASSESSMENTS ON ASSESSABLE LOTS AND PARCELS OF LAND IN SAID DISTRICT FOR FISCAL YEAR 2002-03 WHEREAS, on February 7, 2002 the City Council ("City Council") of the City Of San Jacinto ("City") adopted Resolution No. 2331, a resolution of intention pursuant to Section 22624 of the Streets and Highways Code, declaring its intention to order the formation of a proposed assessment district designated as Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ( "District")and to levy assessments on the lots and parcels of property therein for fiscal year 2002-03 for the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, parks and any appurtenant improvements ("Improvements") and scheduling a public hearing on the proposed levy and collection of assessments for 7:00 p.m. on April 4, 2002, and directing the City Clerk of the City Council to mail notice of such hearing to the record owners of all parcels upon which such assessments are proposed to be levied together with an assessment ballot, upon which the owners of such parcels could indicate their support for or opposition to the proposed assessments, as required by Section 53753 of the Government Code; and WHEREAS, for purposes of levying the proposed assessments on the lots and parcels of property within the District, the report prepared by GFB-Friedrich and Associates, Inc., Engineer of Record, with respect to the proposed assessments and the assessment diagram contained therein, which is on file with the City Clerk of the City Council, allocates the estimated costs of the Improvements within the District and proposes the levy of assessments on the parcels within the District; and WHEREAS, as required by Resolution No. 2331 and Section 53753 of the Government Code, notice of said hearing was mailed to the record owners of all lots and parcels of assessable land in the District, and each such mailed notice contained a ballot whereby each such owner could indicate his or her name, reasonable identification of his or her parcel and support or opposition of the proposed assessments; and WHEREAS, by Resolution No. 2331, the City Council directed that at the conclusion of the public hearing, the City Clerk shall tabulate the assessment ballots submitted, and not withdrawn, in support of or in opposition to the proposed assessment to be levied on parcels of property within the District and determined and directed that (i) a majority protest shall exist if the assessment ballots submitted by the owners of parcels ORA\'GA1 JR 629138 of property within the District, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted by such owners, and not withdrawn, �- in favor of the proposed assessment, and (ii) if there is a majority protest against the imposition of the assessment, the City Council shall not approve the report prepared by GFB-Friedrich and Associates, Inc., with respect to such assessment or levy such assessment on property within the District; and WHEREAS, at the time and place of said hearing, the City Council held the hearing and afforded all interested persons an opportunity to present written or oral testimony, and considered all objections or protests to the proposed assessments; and WHEREAS, at the conclusion of said hearing, the assessment ballots which were submitted by the owners of lots and parcels upon which the proposed assessments were proposed to be levied were tabulated and it was determined that the ballots which were submitted by the property owners in favor of the proposed assessments exceeded the ballots which were submitted by the property owners in opposition thereto and that a majority protest to the levy of the proposed assessments does not exist; and WHEREAS, the City Council may proceed, pursuant to Section 22631 of the Streets and Highways Code, to adopt a resolution confirming the levy of the assessments on the assessable parcels of property in the District, and the adoption of such a resolution shall constitute the levy of assessments on all assessable lots and parcels of property within the District for fiscal year 2002-03; 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 finds: (a) The preceding recitals are true and correct; (b) The requirements of the Landscaping and Lighting Act of 1972, Part 2(commencing with Section 22500)of Division 15 of the Streets and Highways Code have been satisfied; (c) The requirements of Section 53753 of the Government Code have been satisfied; (d) The assessments proposed to be levied on the assessable lots and parcels of land in the District for the Improvements during fiscal year 2002-03 contained in the report of GFB-Friedrich and Associates, Inc., which is on file with the City Clerk of the City Council (the "Report"), are based on benefits derived by such lots and parcels from the availability of the Improvements, and are not based on the ownership or value of such lots and parcels; ORAVGE'IK G�'113A -2- (e) For purposes of levying the proposed assessments on the lots and parcels of property within the District, the Report and the assessment diagram contained therein allocates the estimated costs of the installation, operation, maintenance and servicing of the Improvements within the District, (f) Such assessments are based on special benefit conferred upon each such lot or parcel from the payment of the costs of the installation, operation, maintenance and servicing of the Improvements; (g) The proportionate special benefit derived by each such lot or parcel has been determined in relationship to the entirety of the cost of the installation, operation, maintenance and servicing of the Improvements, (h) The amount of the assessment which is to be levied on each such lot or parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that lot or parcel, (i) The ballots which were submitted by the property owners in the Distrct in favor of the proposed assessments exceeded the ballots which were submitted in opposition thereto and a majority protest to the levy of the proposed assessments does not exist; (j) The City Council may proceed to adopt a resolution confirming the assessments to be levied on assessable parcels of property in the District; and (k) The ballots which were submitted tothe property owners in the District which were voted in support of the proposed assessments also approved the proposed duration of the assessments and authorized annual increases in the amount of the assessments. SECTION 2. Improvements. The improvements authorized for the District are: (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; (d) The installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (c), or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, irrigation, drainage and electrical facilities; and (1R.�YC •.IE2'629136 -3- (e) The maintenance and servicing of any of the foregoing. SECTION 3. Confirmation of Report. The Report and the assessment diagram and the assessment contained therein for the payment of the costs of the installation, operation, maintenance and servicing of the Improvements in the District for fiscal year 2002-03 are confirmed. SECTION 4. Levy of Assessments. Pursuant to Section 22594 of the Streets and Highways Code, the adoption of this resolution constitutes the levy of the assessments on assessable lots and parcels of property in the District for the installation, operation: maintenance and servicing of the Improvements during fiscal year 2002-03, as contained in the Report, and such assessments are levied. The City Clerk of the City Council is directed to fife a certified copy of this resolution, together with the confirmed diagram and assessment contained in the Report, with the County Auditor of the County of Riverside, who, pursuant to Section 22645 of the Streets and Highways Code, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. SECTION 5. Duration of Assessments; Annual Adjustment for Increased Costs. The assessments which are to be levied on lots and parcels in the District shall be levied annually as long as the assessments are necessary to finance the cost of the Improvements 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. SECTION 6. Detachment of Territory. All assessable lots or parcels included within the District that are also included in existing Landscaping, Lighting and Park District No. 1 and are subject to the levy of assessments by Landscaping, Lighting and Park District No. 1 are hereby detached from Landscaping, Lighting and Park District No. 1 to the extent that the assessments levied by Landscaping, Lighting and Park District No. 1 finance the same Improvements provided by the District. ORAV iE JR 629133 -4- ADOPTED, SIGNED AND APPROVED this 4th day of April, 2002. r.. City of San Jacinto by Patrick A. Williams, Mayor Attest: wrathy L. Youinard, City Clerk City of San Jacinto Approved As To Form: ahn E. Brown, City Attorney City of San Jacinto on.axcE,ze .zvias -5- I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 4th day of April, 2002, by the following vote: AYES: Ayres, Carlson-Buydos, Connor, Good, Williams NAYS: None ABSENT: None ABSTAINED: None WITNESS MY HAND AND OFFICIAL SEAL this day of , 2002. UNA.`:U;JR 62913E -lJ-