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HomeMy WebLinkAboutResolution - 3766I STATE OF CALIFORNIA) RESOLUTION NO.3766 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 2019-2020 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 2019-2020 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 2019-2020 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 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 2019-2020 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 2019-2020 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 2019-2020 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. ri 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. SECTION 6. On Tuesday, June 18, 2019, at the hour of 6:30 p.m. or as soon thereafter, during the course of its regularly scheduled 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 Community Center, 625 S. Pico Avenue, San Jacinto, CA 92583. 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 at a regular meeting of the City Council on the 4th day of June, 2019 by the following vote: AYES: Kotyuk, Ledezma, Lopez, Ruiz, Utz NAYS: None ABSENT: None ABSTAIN: None ATTEST: ..City Clerk - APPROVED AS TO FORM: BEST B/S,7EGERLLP Michael J. Maurer, City Attorney CI OF SAN JACINTO: Russell Utz, Mayor STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATION I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3766 was duly passed, approved and adopted at a regular meeting of the City Council of the City of San Jacinto on the 4th day of June 2019, by the following vote: AYES: Kotyuk, Ledezma, Lopez, Ruiz, Utz NAYS: None ABSENT: None ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 4t" day of June, 2019. 7"& An I alton, City Clerk City of San Jacinto