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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 10/21/2014 AGENDA JOINT REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY October 21, 2014, 6:30 p.m. 625 South Pico Avenue San Jacinto Community Center, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 1.6 MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 2. PUBLIC COMMENTS Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. JOINT CONSENT CALENDARS (SECTIONS 3A AND 3B) The matters listed under Consent Calendars are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. If an item is pulled, it will be heard after the balance of the Consent Calendar has been voted on. 3A CONSENT CALENDAR - CITY COUNCIL 3A.1 Continuance of the Proclamation of the Local State of Emergency due to the Severe Winter Storms that began on April 29, 2014 / Approve / City Clerk 3A.2 Waiver of Full Reading of Ordinance(s), and Reading by Title Only / Approve / City Clerk, City Attorney 3A.3 Minutes of October 7, 2014 - Regular Meeting / Approve / City Clerk City Council Agenda October 21, 2014 Page 2 of 3 3A.4 Warrants and Disbursements - September 2014 / Approve / Finance Director 3B CONSENT CALENDAR - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 4. PUBLIC HEARING 4.1 Proposed Resolution to Approve the Engineer's Report for LLPD 2 Annexation No. 89 and to Approve Annexation of property to LLPD No. 2 as Annexation No. 89 and to levy and collect Annual Assessments within Annexation No. 89 for FY 2015-2016 / Approve / Finance Director, Consultant 5. STAFF REPORTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address, and the consent calendar item number pulled. Speakers should limit comments to three (3) minutes. 5.1 Resolution No. 3539 / expressing the City Council's intent to commit a set percentage of UUT proceeds to Public Safety Services. / Approve / City Manager 5.2 Resolution No. 3540 / establishing a DUI Emergency Response Cost Recovery Program ("Program") to hold persons driving impaired by alcohol, drugs, or both financially accountable for their actions by recovering emergency response expenses. / Approve / City Manager 6. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 7. CLOSED SESSION 7A CLOSED SESSION - CITY COUNCIL 7A.1 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (two (2) potential cases) 7B CLOSED SESSION - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 8. ADJOURNMENT City Council Agenda October 21, 2014 Page 3 of 3 If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537-6358, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Any writing related to an agenda item for an open session of a regular meeting of the City Council that is distributed less than 72 hours prior to the meeting will be made available for public inspection at the City Clerk's office, located at 595 South San Jacinto Avenue, San Jacinto, California, and at the regular meeting location - City of San Jacinto Community Center, 625 South Pico Avenue, San Jacinto, California - at the time the writing is distributed to a majority of the City Council DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, CA 92583 I, Richard Miller, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 16th Day of October, 2014, as required by law. Richard Miller, City Clerk October 21, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk SUBJECT: Continuance of the Proclamation of the Local State of Emergency due to the Severe Winter Storms that began on April 29, 2014 RECOMMENDATION: Staff recommends that the City Council, by motion, approve to the continuance of the Proclamation of the Local State of Emergency due to the Severe Wind Storms that began on April 29, 2014. DISCUSSION: On April 30, 2014 the Director of Emergency Services/City Manager proclaimed the existence of a local emergency resulting from the severe and damaging winter storms that began on or about 8:00 a.m. on April 29, 2014. Government Code section 8630 requires the City Council to ratify any local emergency proclaimed by a local official such as the Director of Emergency Services/City Manager within seven days. Thereafter, the City Council shall at least once every 30 review the need for continuing the local emergency. ALTERNATIVES: 1) Consent to the continuance of the Proclamation of the Local State of Emergency (Staff Recommendation). 2) Do Not Consent to the continuance. FISCAL IMPACT: The City’s ability to obtain or continue to receive federal, state or regional disaster/emergency relief funding may be impacted if the City Council does not Consent to continue the proclamation of the local state of emergency. Substantial budgetary impacts are apparent for recovery efforts to include substantial employee overtime salaries; purchases of materials, supplies and equipment; use of private contractors/force labor; and other repairs to city right-of-way facilities (Preliminary estimates range from thirty to eighty thousand dollars). Budgetary assistance and reimbursement is available from Federal Emergency Management Agency (F.E.M.A.) PACKET PAGE: 1 AGENDA ITEM 3A.1 for related costs for limited recovery efforts to critical infrastructure including: electrical, power, telecommunications, water supply, public safety, and transportation. ATTACHMENTS: · Copy of Resolution Number 3506 PACKET PAGE: 2 AGENDA ITEM 3A.1 PACKET PAGE: 3AGENDA ITEM 3A.1 PACKET PAGE: 4AGENDA ITEM 3A.1 October 21, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk Jeff Ballinger, City Attorney SUBJECT: Waiver of Full Reading of Ordinance(s), and Reading by Title Only RECOMMENDATION: Staff recommends that the City Council, by motion, waive the full reading of any and all ordinances on this meeting’s agenda, and authorize their reading by title only. BACKGROUND: Government Code Section 36934 requires that all ordinances shall be read in full either at the time of their introduction or their passage. However, Government Code Section 36934 allows the waiver of this requirement by regular motion adopted by majority vote if the title of the ordinance is read. This waiver can be accomplished at the time of each ordinance action, or as a standing waiver, accomplished as a consent calendar motion. In order to stream-line the process for the passage of ordinances, the City Attorney and staff propose the second option, which is the waiver of any and all ordinances on this agenda. ALTERNATIVES: Approval: Approve the addition of the attached language to all future agendas of the City Council, thus waiving the full reading of all future ordinances. Denial: Do not approve the agenda language and, instead, before the passage of any ordinance and after the reading of its title, make a motion that must be adopted by majority vote that allows a waiver of the full reading. FISCAL IMPACT: None PACKET PAGE: 5 AGENDA ITEM 3A.2 October 21, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk SUBJECT: Minutes of October 7, 2014 - Regular Meeting RECOMMENDATION: Staff recommends that the City Council, by motion, approve the draft minutes of the October 7, 2014 Regular Meeting. ATTACHMENTS · Draft Minutes of October 7, 2014 – Regular Meeting PACKET PAGE: 7 AGENDA ITEM 3A.3 ACTION MINUTES JOINT REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY October 7, 2014 6:30 p.m. 625 S. Pico Ave San Jacinto Community Center, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order Mayor Alonso Ledezma called the Regular Meeting of the San Jacinto City Council and the successor agency to the City of San Jacinto Redevelopment Agency to order at 6:30 p.m. 1.2 Roll Call Present: Bartel, Kotyuk, Miller, Ruiz, Ledezma Absent: None 1.3 Invocation Pastor Peter Masonis gave the invocation. 1.4 Pledge of Allegiance Ron Kammeyer led the Pledge of Allegiance 1.5 Special Presentations 1.5.1 Watermaster Status Briefing Behrooz Mortazavi gave the presentation on the water master status. 1.6 MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS Council Members gave their reports. 2. PUBLIC COMMENTS: Public Speakers: · Esther Applegate · Jack Warneke · Stacey Hurtado · Russ Utz PACKET PAGE: 9 AGENDA ITEM 3A.3 Action Minutes October 7, 2014 ____________________________________________________________________________________Page 2 of 4 2.1 City Manager’s Report on previous month’s public comments. City Manager Tim Hults gave his report. 3. CONSENT CALENDAR 3A CONSENT CALENDAR - CITY COUNCIL 3A.1 Continuance of the Proclamation of the Local State of Emergency due to the Severe Winter Storms that began on April 29, 2014 / Approve / City Clerk 3A.2 Waiver of Full Reading of Ordinance(s), and Reading by Title Only / Approve / City Clerk, City Attorney 3A.3 Amendment of the Conflict of Interest Code Pursuant to the Political reform Act of 1974 / Approve / City Clerk 3A.4 Minutes of September 16, 2014 - Regular Meeting / Approve / City Clerk 3A.5 Treasurer's Report at August 31, 2014 / Approve / City Treasurer 3A.6 Side Letters to the Memorandums of Understanding with San Jacinto Management Association and Service Employees International Union Local 721 (SEIU) / Approve / City Manager 3A.7 Public Improvement Fee Credit Agreement - CADO San Jacinto, LLC (Tentative Tract Nos. 31037, 31037-1 and 31037-2) / Approve / City Attorney M/S/C (Kotyuk/Miller) moved to approve the balance of the Consent Calendar. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None 3B CONSENT CALENDAR - SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY OF CITY OF SAN JACINTO 4. PUBLIC HEARING None PACKET PAGE: 10 AGENDA ITEM 3A.3 Action Minutes October 7, 2014 ____________________________________________________________________________________Page 3 of 4 5. STAFF REPORTS 5.1 Street Sweeping Parking Enforcement Program – 20 minutes Public Works Special Project Consultant Lynn Merrill presented the staff report. Public Comment: · Russ Utz By consensus Item 5.1 was tabled until January, after the results of the election. 5.2 Authorization to provide advance written notice to the County of Riverside requesting public safety service reductions in the event the City does not receive supplemental revenue City Manager Tim Hults presented the staff report. Council Member Kotyuk recommended going back to the Sheriff’s department in the 2nd year and informing them of an additional 15% reduction. Council Member Kotyuk also recommended closures to the Community Center and Sallee Pool be added to the language of Resolution 3535. M/S/C (Kotyuk/Miller) moved to approve Item 5.2 with additions to the language in Resolution 3535 as stated above. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None There was no Closed Session this evening. 6. CLOSED SESSION 6.1 CLOSED SESSION - CITY COUNCIL 6.2 CLOSED SESSION - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO NONE PACKET PAGE: 11 AGENDA ITEM 3A.3 Action Minutes October 7, 2014 ____________________________________________________________________________________Page 4 of 4 7. ADJOURNMENT With no further business before the City Council, Mayor Alonso Ledezma adjourned the Regular Meeting of the City Council at 8:23 p.m. City of San Jacinto ______________________ Alonso Ledezma, Mayor ATTEST: ___________________ Richard Miller, City Clerk Approved as read: ________ Approved as amended: ____ PACKET PAGE: 12 AGENDA ITEM 3A.3 October 21, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Thomas Prill, Finance Director SUBJECT: Warrants and Disbursements – September 2014 RECOMMENDATION: Staff recommends that the City Council review and approve Warrants and Disbursements for the period of September 1 through September 30, 2014 in the amount of $1,677,545.44 DISCUSSION: The City Council in its oversight role formally reviews disbursements of City funds made by Accounts Payable warrants, bi-weekly payrolls and electronic funds (wire) transfers. The following information is provided for such review and approval: Warrants/Wire Pay Date Amount Accounts Payable: # 109987-110242 Various $ 1,425,796.27 Payroll: Pay Period # 18 # 22022-22037 09/04/2014 $ 141,685.35 Includes Warrants, Direct Deposits, Taxes, Garnishments Payroll: Pay Period # 19 # 22038-22053 09/18/2014 $ 110,063.82 Includes Warrants, Direct Deposits, Taxes, Garnishments Electronic Funds Various $ 0.00 Total Disbursements – Period of September 1-30, 2014 $ 1,677,545.44 Prepared by: Judy Kelley, Account Clerk II Known Councilmember Conflicts: Check #’s 110000, 110114, 110231. FISCAL IMPACT: Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been appropriated. Attachments: Accounts Payable Warrant Register – September 1-30, 2014 Note: Payroll information is on file in the Finance Department. 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That the City Council, by motion, approve and adopt Resolution No. 3537 to approve the Engineer’s Report for the annexation of property known as Kirby Village, APN 436-450-019 to the City of San Jacinto LLPD No. 2 as Annexation No. 89; and 2. That the City Council conduct the Public Hearing, Order the Canvass of the Election, and at the conclusion of the public hearing if the City Council determines that a majority protest does not exist, by motion, approve and adopt Resolution No. 3538 Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and to levy and collect assessments for LLPD No. 2 Annexation No. 89 for FY 2015-2016. DISCUSSION: Staff is recommending that the City Council take all actions that are necessary to annex the property to during the City Council meeting on October 21, 2014. The owner of the property proposed to be annexed to LLPD No. 2 has waived all notice requirements pertaining to these annexation proceedings. As required by the Act, the notice and assessment ballot has been mailed to the record owner of the property proposed to be annexed to the District with instructions to vote and return the ballot to the City before conclusion of the public hearing. LLPD No. 2 is divided among the original area and approximately 87 annexation areas called zones with assessments involving over 7,394 individual parcels. The Resolution approves the District Engineer’s report for the annexation of property known as APN 436-450-019 to the City of San Jacinto LLPD No. 2 as Annexation No. 89 and to levy and collect assessments within Annexation No. 89 for the FY 2015-2016 tax roll. PACKET PAGE: 53 AGENDA ITEM 4.1 After approving the Engineer’s Report, the City must first hold a public hearing and conduct the protest election and then, if a majority protest does not exist, consider adoption of the resolution authorizing the levy of annual assessments and confirming the diagram and assessments of the LLPD No. 2 Annexation 89. The Resolution of Intention was adopted by the City Council on September 16, 2014. The District Engineer’s report was presented as part of the Resolution of Intention and a public hearing date of October 21, 2014 was set as part of the Resolution of Intention. A copy of the Engineer’s report is included again for your reference. Only properties with estimated specific benefits, including initial operating reserve are being assessed in FY 2015-2016. The attached Resolution is a part of the required procedure for the annexation and levy and collection of assessments in an assessment district. ALTERNATIVES: Property owner assessments pay for the maintenance of facilities (parks, greenbelts, drainage facilities, etc.) annexed into the district. Maintenance for the facilities would cease should the resolution to levy not be adopted. FISCAL IMPACT: LLPD No. 2 Annexation No. 89 would potentially levy and receive $12,065.40 in property assessments, which would offset the costs of maintaining the district facilities. ATTACHMENTS: LLPD No. 2 Engineer’s Report Resolution No. 3537 Approving the Engineer’s Report Resolution No. 3538 Approving Annexation of Property to LLPD No. 2 PACKET PAGE: 54 AGENDA ITEM 4.1 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998 Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439 City of San Jacinto Landscaping, Lighting, and Park District No. 2, Annexation No.89 (Kirby Village) Engineer’s Report September 2014 PACKET PAGE: 55 AGENDA ITEM 4.1 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO.2, Annexation No.89 (Kirby Village) 595 S. San Jacinto Avenue San Jacinto, CA 92583 Phone -(951)537-6380 CITY COUNCIL Alonso Ledezma, Mayor Crystal Ruiz,Mayor Pro Tem Mark Bartel,Council Member Andrew Kotyuk, Council Member Scott Miller,Council Member CITY STAFF Tom Prill, Finance Director Mike Emberton,Assistant City Manager Debbie Vickery,Special Districts Administrator Michelle Holmes, Senior Accountant NBS Danielle Wood,Client Services Director Pablo Perez,Project Director Jason Roth, Consultant PACKET PAGE: 56 AGENDA ITEM 4.1 TABLE OF CONTENTS 1.ENGINEER’S LETTER ................................................................1-1 2.OVERVIEW ..................................................................................2-1 2.1 Introduction ..................................................................................................2-1 2.2 Process for Proposed Assessment ..............................................................2-1 3.PLANS AND SPECIFICATIONS ..................................................3-1 3.1 Description of the Boundaries ......................................................................3-1 3.2 Description of Improvements and Services ..................................................3-1 4.MAP OF IMPROVEMENTS..........................................................4-2 5.ESTIMATE OF COSTS ................................................................5-1 5.1 Budget ..........................................................................................................5-1 6.METHOD OF ASSESSMENT ......................................................6-1 6.1 Introduction ..................................................................................................6-1 6.2 General Benefit ............................................................................................6-1 6.3 Special Benefit .............................................................................................6-2 6.4 Method of Assessment Spread ....................................................................6-3 6.5 Assessment Formula ...................................................................................6-4 6.6 Assessment Unit Method .............................................................................6-4 6.7 Cost of Living Inflator ...................................................................................6-4 7.ASSESSMENT DIAGRAM ...........................................................7-1 8.ASSESSMENT ROLL ..................................................................8-1 PACKET PAGE: 57 AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 1-1 Prepared by NBS –Fiscal Year 2015/16 1.ENGINEER’S LETTER WHEREAS,on April 4,2002, the City Council of the City of San Jacinto (”City”), State of California, under the Landscaping and Lighting Act of 1972 (“1972 Act”) (California Streets and Highways Code section 22500 et seq.) established the Landscaping, Lighting and Park District known and designated as “Landscaping, Lighting and Park District No. 2”; and WHEREAS, the City desires to annex property to the district known as Assessor’s Parcel Number 436-450-019 (the “property”) to the City of San Jacinto Landscaping, Lighting and Park District No. 2 (“District”)as Annexation No.89;and WHEREAS,on September 16,2014, the City Council under the 1972 Act, Article XIIID, section 4 of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (“Proposition 218”) (California Government Code section 53750 et seq.), (the 1972 Act, Article XIIID, and Proposition 218 are collectively referred to as the “Assessment Law”), approved the commencement of procedures within the proposed area for Annexation No. 89 so that owners of the property may approve annexation to the District to provide funding for maintenance of improvements which provide special benefit to the property; and WHEREAS, NBS has been directed to prepare and file an Engineer’s Report for Annexation No. 89. NOW THEREFORE, the proposed assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received. Description FY 2015/16 Maximum Budget FY 2015/16 Estimated Actual Budget Street Light and Traffic Signal Maintenance $6,890.79 $6,890.79 Park Maintenance 0.00 0.00 Landscape Maintenance 2,382.09 2,382.09 Storm Drain Maintenance 1,860.93 1,860.93 Concrete Maintenance 1,267.73 1,267.73 Graffiti Removal 3,428.11 3,428.11 General Benefit (3,764.31)(3,764.31) Total $12,065.34 $12,065.34 The landscape maintenance and irrigation water for landscaping in the public right-of-way will be provided by the property owner. If said property owner fails to properly maintain said public landscaping, the City will, upon due process, take over the financing of the public landscaping by adding these items. In making the assessments contained herein pursuant to the Assessment Law: 1.I identified all parcels which will have a special benefit conferred upon them from the improvements described in this Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Engineer’s Report. PACKET PAGE: 58 AGENDA ITEM 4.1 PACKET PAGE: 59 AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 2-1 Prepared by NBS –Fiscal Year 2015/16 2.OVERVIEW 2.1 Introduction This Engineer’s Report (“Report”) describes Annexation No. 89 as a zone of the City of San Jacinto Landscaping, Lighting,and Park District No. 2 (the “Zone”)and the charge per Assessment Unit (AU) for Fiscal Year 2015/16 based on the estimated cost to maintain the improvements and provide the services that benefit parcels within the Zone.This Zone, by special benefit assessments, provides funding for the installation, operation, maintenance and servicing of street lights and traffic signals; the installation, maintenance and servicing of landscaped areas (parkways,sidewalks, etc.); the installation, operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items; all of which are located in public rights-of-way or easements in the District. The word “parcel,” for the purposes of this report, refers to an individual property assigned its own assessor’s parcel number by the Riverside County Assessor’s Office.The Riverside County Auditor/Controller uses assessor’s parcel numbers and specific fund numbers to identify on the tax roll properties assessed for special district benefit assessments. 2.2 Process for Proposed Assessment The City cannot increase or levy new assessments within the District without complying with the procedures specified in Article XIIID and Proposition 218. In November 1996, the voters in the State of California added Article XIIID to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing (“Notice”), which describes, along with other mandated information, the reason for the proposed assessments and provide a date, time and location of a public hearing to be held on the matter.The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to, the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing,property owners are given the opportunity to address the City Council and ask questions or voice their concerns.After the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to enact or increase the assessments as proposed.A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment.All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments in Annexation No. 89. PACKET PAGE: 60 AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 3-1 Prepared by NBS –Fiscal Year 2015/16 3.PLANS AND SPECIFICATIONS The plans and specifications showing and describing the general nature, location and extent of the improvements to be operated and maintained within Annexation No. 89 are on file in the office of the City Clerk and are incorporated herein by reference. 3.1 Description of the Boundaries The proposed boundary of Annexation No. 89 to the District is completely within the City Limits of the City of San Jacinto and is shown on the Boundary Map found in Section 6 of this Report and on file in the office of the City Clerk at the San Jacinto City Hall. The boundary includes the parcels of land that are located in the vicinity of street lighting, landscaping,sidewalk and drainage improvements that were, or soon will be, installed as a condition of approval of a land development project; the operation and maintenance of which will be funded by this assessment district. All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor’s office or by a tract and parcel number legal description. The 1972 Act provides for areas within a district to be classified into different zones. Annexation No. 89 to Landscaping, Lighting and Park District No. 2 is comprised of one zone. The costs of the installation, operation, maintenance and servicing of the various improvements and facilities within this zone, will be separately determined, and incidental costs will be prorated and added to determine the total cost. This zone is comprised of Assessor’s Parcel Number 436-450-019 (Kirby Village) and is designated as “Zone 89”. Future annexations will be assigned zone designations e.g. Zone 90, Zone 91, Zone 91A, Zone 92, etc., as appropriate. 3.2 Description of Improvements and Services The authorized facilities and items of servicing and maintenance are described in the “Master Engineer’s Report.” Said description is included within this report by reference. A copy of said “Master Engineer’s Report” is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed,or a copy obtained, at City Hall during normal business hours. The improvements included in Zone 89 to be installed, operated, serviced, and maintained are street lighting and traffic signals; parkway landscaping; trees; sidewalks, curb and gutter, and storm drains (catch basins and pipe in public right-of-way or easement). Also included is the servicing and maintenance required for graffiti removal. These improvements are located within the street public right-of-ways and dedicated public easements which are within the boundaries of the District and as such are of special benefit to the parcels. The landscaping maintenance includes, but is not limited to, turf, ground cover, shrubs and trees, sprinkler and irrigation systems, drainage systems, and associated appurtenances. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. The breakdown of maintained improvements is as follows: One street light directly in front of Annexation No. 89 on Kirby Street.In addition to two shared street lights across Kirby Street. Traffic Signal at the corner of Kirby Street and Esplanade Avenue. Varied width landscaped parkway along Kirby Street with five trees. Storm Drains and Catch Basins in public right of way. Sidewalk and Curb and Gutter improvements adjacent to Kirby Street. PACKET PAGE: 61 AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 4-2 Prepared by NBS –Fiscal Year 2015/16 4.MAP OF IMPROVEMENTS The map on the following page contains the improvements for Annexation No. 89. PACKET PAGE: 62 AGENDA ITEM 4.1 CIT Y OF SAN JACINTO LANDSCAPING , LIGHTING AND PARK DISTRICT NO. 2 CIT Y OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 ANNEX ATION NO. 89 Street Lights Traffic Light LandscapingPACKET PAGE: 63AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 5-1 Prepared by NBS –Fiscal Year 2015/16 5.ESTIMATE OF COSTS The estimated costs of administration, maintenance, operation, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. 5.1 Budget Annexation No.89 (Kirby Village) Description FY 2015/16 Maximum Per AU FY 2015/16 Maximum Budget FY 2015/16 Estimated Actual Per AU FY 2015/16 Estimated Actual Budget Street Light and Traffic Signal Maintenance $191.41 $6,890.79 $191.41 $6,890.79 Park Maintenance 0.00 0.00 0.00 0.00 Landscape Maintenance 66.17 2,382.09 66.17 2,382.09 Storm Drain Maintenance 51.69 1,860.93 51.69 1,860.93 Concrete Maintenance 35.21 1,267.73 35.21 1,267.73 Graffiti Removal 95.23 3,428.11 95.23 3,428.11 General Benefit (104.56)(3,764.31)(104.56)(3,764.31) Total Assessment $ 335.15 $12,065.34 $ 335.15 $12,065.34 Beginning in the Fiscal Year starting July 1, 2016, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year.The actual assessment per AU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be the same or lower than the maximum allowable assessment; however it may not exceed the maximum after the application of the cost of living inflator, defined in Section 5.7 of this report, unless the excess increase is approved by the property owners in accordance with Assessment Law. It is the intent of the City of San Jacinto to establish an Operating Reserve which shall not exceed the estimated costs of maintenance, operation,and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. PACKET PAGE: 64 AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 6-1 Prepared by NBS –Fiscal Year 2015/16 6.METHOD OF ASSESSMENT 6.1 Introduction Pursuant to the 1972 Act and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by local agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value.This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22574). Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Examples of parcels exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. Furthermore, Proposition 218 requires the City to separate general benefit from special benefit, whereas only special benefit may be assessed. 6.2 General Benefit Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed. The improvements being financed consist of the maintenance, operation,and servicing of local improvements located within the boundaries of the District and include street lighting within the public rights-of-way along Kirby Street. The street lights being installed are adjacent to the property and while it will benefit motorists driving on Kirby Street the safety and economic benefits received by the PACKET PAGE: 65 AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 6-2 Prepared by NBS –Fiscal Year 2015/16 property within the Zone will account for a greater percentage of special benefit.Ten percent of the light directly outside of the property is attributed to motorist safety related benefits.Of the two street lights benefiting the property that are across the street from the property,one-half of one of these lights is outside the Zone and will be funded by other sources.Ninety percent of the other one and a half lights is attributed to motorist safety and properties across the street. Based upon this, it has been determined that there is an amount of general benefit to the surrounding community and the public in general from the maintenance, operation and servicing of the improvements within the boundaries of the District and therefore a portion of the project costs should be attributed to general benefit. The general benefit costs are as follows: Improvement Total Estimated Costs General Benefit Contribution Estimated General Benefit Costs Street Lights $441.18 63.57%$280.48 Traffic Signal 3,780.00 90.00%3,402.00 Landscape Maintenance 1,384.21 0.00%0.00 Tree Maintenance 75.00 2.00%1.50 Strom Drain Maintenance 1,140.00 2.00%22.80 Concrete Maintenance 776.60 2.00%15.53 Graffiti Removal 2,100.00 2.00%42.00 The landscape maintenance and irrigation water for landscaping in the public right-of-way will be provided by the property owner. If said property owner fails to properly maintain said public landscaping, the City will, upon due process, take over the financing of the public landscaping by adding these items. 6.3 Special Benefit With the exception of the general benefit described above, the maintenance, operation and servicing of the local landscaping improvements within the District are for the specific benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District. The net amount to be assessed upon parcels within the Zone in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping, lighting and drainage facilities within the Zone. The maintenance and servicing of public landscaping, lighting,drainage facilities and street trees installed and constructed in public places in the City of San Jacinto provides a special benefit which is received by each and every lot or parcel within the Zone. Landscaping and street trees within the District enhance the aesthetic appeal of parcels within the landscaping and street tree zones. Such landscaping improves erosion resistance and dust control.The streets within the District improve access to all lots or parcels assessed. Street lights im prove ingress and egress of such lots or parcels by illuminating access after sunset. Such street lights, by so improving ingress and egress, improve the security of such lots or parcels by improving the night time visibility of such lots or parcels and improve the access of emergency vehicles thereto, and in the case of commercial lots or parcels, facilitate the opening and operation of business uses after sunset. PACKET PAGE: 66 AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 6-3 Prepared by NBS –Fiscal Year 2015/16 Street Landscaping The overall appeal and safety of an area is enhanced when landscaping improvements are in place and kept in a healthy and satisfactory condition.Conversely, appeal and safety decreases when landscaping in overgrown, unsafe or destroyed by the elements or vandalism. Improved Aesthetics.Street landscaping improvements improve the commercial activity, appearance and desirability for the property within the boundaries of Annexation No. 89. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to the property adjacent to the improvements. Increased Safety:Safety for pedestrians involves not only a degree of protection from vehicular accidents, but also from criminal activity.Well maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. Street trees, median landscaping, hardscaping and appurtenant facilities within and adjacent to City streets, if well maintained, provide beautification and shade. Proper maintenance of drainage systems increases safety during periods of heavy rain and prevents property damage. The primary benefits of street lighting are for the convenience, safety, security and protection of property. 1.Improvement to traffic circulation and reduction in night time accidents and attendant human misery and decrease in personal property loss. 2.The deterrence of crime and the aid to police protection. 3.Promotion of business during nighttime hours. 4.Increased nighttime safety on roads and highways. 5.The improved ability of pedestrians and motorists to see, which helps people safely find their way. 6.Improved ingress and egress to lots and parcels. 7.Reduction in vandalism and other criminal acts, and reduced damage to improvements. 8.The enhancement to the value of property which results from the foregoing benefits. All of the above mentioned items for street landscaping, drainage, and lighting improvements provide special benefit to the property within Annexation No. 89 that are not realized by parcels outside the boundaries of the Zone. 6.4 Method of Assessment Spread As discussed above, each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements.The total costs of maintenance, less the amount of general benefit identified in Section 5.2 of this Report, will be assessed to the parcels within the District based on the estimated Assessment Units assigned to each parcel.To assess special benefit appropriately, it is necessary to relate parcels of different land uses and development status to each other. The AU method of apportionment uses the single family home as the basic unit of assessment.There are eight lots that are planned as open space and/or streets and do not receive benefit. These are listed with a “letter” in the assessment roll.The following shows how each parcel’s AUs have been determined: PACKET PAGE: 67 AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 6-4 Prepared by NBS –Fiscal Year 2015/16 6.5 Assessment Formula The basic formula used to calculate the amount spread to each lot or parcel within the District for each type of improvement or facility starts with an AU. The basic AU is given a value of one (1) for a single-family residential parcel. From this base, the remaining parcels are related according to their equivalent special benefit within a zone or future annexation. The purpose of this formula is to fairly equate special benefit conferred on property with differing land uses for each type of improvement or facility within a zone (e.g., single-family residential versus commercial office versus vacant property, for street lighting). 6.6 Assessment Unit Method The following table shows the assessment formula for the District using the AU method for common land uses: Land Use Landscaping Assessment Formula Lighting Assessment Formula Park Assessment Formula Graffiti Removal Drainage Assessment Formula Churches 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre Commercial/ Industrial 3.0 AU per Assessable Acre 3.0 AU per Assessable Acre 3.0 AU per Assessable Acre 3.0 AU per Assessable Acre 3.0 AU per Assessable Acre Residential Single Family 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit Apartments 0.6 AU per Parcel 0.6 AU per Parcel 0.6 AU per Parcel 0.6 AU per Parcel 0.6 AU per Parcel Public Schools 0.0 AU per Parcel 0.5 AU per Assessable Acre 0.0 AU per Parcel 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre 6.7 Cost of Living Inflator Each fiscal year beginning Fiscal Year 2016/17, the maximum allowable assessment amount may be increased by the percent change in the January to January Consumer Price Index for all Urban Consumers for the Los Angeles-Anaheim-Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics; provided however, that any such annual increase shall not exceed seven and one-half percent (7.5%). If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. PACKET PAGE: 68 AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 7-1 Prepared by NBS –Fiscal Year 2015/16 7.ASSESSMENT DIAGRAM The assessment diagram is provided in Exhibit “A” of this report.The lines and dimensions shown on maps of the County Assessor for the current year are incorporated by reference herein and made part of this report. PACKET PAGE: 69 AGENDA ITEM 4.1 PACKET PAGE: 70AGENDA ITEM 4.1 Landscape, Lighting, & Park District No. 2 Annexation 89 –City of San Jacinto 8-1 Prepared by NBS –Fiscal Year 2015/16 8.ASSESSMENT ROLL The assessment roll is provided in Exhibit “B” of this report.The description of each lot or parcel as part of the records of the County Assessor are by reference made part of this Report. PACKET PAGE: 71 AGENDA ITEM 4.1 Parcel Proposed Asmt.Storm Dollars Assessment Identification Property Owner Name Land Use Acreage Units Street Lights Landscape Drain Concrete Graffiti per AU/per Parcel (Lot Number)Code (acres)(AU)Maint.Maint.Maint.Removal Parcel ($)($) Lot 1 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 2 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 3 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 4 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 5 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 6 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 7 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 8 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 9 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 10 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 11 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 12 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 13 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 14 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 15 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 16 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 17 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 18 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 19 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 20 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 21 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 22 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 23 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 24 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 25 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 26 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 27 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 28 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 29 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 30 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 31 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 32 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 33 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 34 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 35 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot 36 Brosh SoCal Properties R1 n/a 1.00 $89.12 $66.13 $51.06 $34.78 $94.06 $335.15 $335.15 Lot A Brosh SoCal Properties n/a n/a 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot B Brosh SoCal Properties n/a n/a 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot C Brosh SoCal Properties n/a n/a 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot D Brosh SoCal Properties n/a n/a 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot E Brosh SoCal Properties n/a n/a 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot F Brosh SoCal Properties n/a n/a 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot G Brosh SoCal Properties n/a n/a 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lot H Brosh SoCal Properties n/a n/a 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 36.00 $3,208.31 $2,380.58 $1,838.13 $1,252.20 $3,386.11 $12,065.34 (36 Residential Lots) TRACT No. 34586 Totals CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 89 (Zone 89) ASSESSMENT ROLL TRACT No. 34586 PACKET PAGE: 72 AGENDA ITEM 4.1 Page 1 of 2 STATE OF CALIFORNIA ) RESOLUTION NO: 3537 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY (KIRBY VILLAGE, ASSESSOR'S PARCEL NO. 436-450-019) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO.2) OF THE CITY OF SAN JACINTO (LLPD NO. 2, ANNEXATION NO. 89) WHEREAS, on September 16, 2014, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. 3533 initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered NBS, the Assessment Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineer's Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1: The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same PACKET PAGE: 73 AGENDA ITEM 4.1 Page 2 of 2 existed at the time of passage of Resolution No. 3533, are hereby preliminarily approved and confirmed. SECTION 3: The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. SECTION 4: Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 89 to the District. SECTION 5: The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. PASSED, APPROVED and ADOPTED this __ day of _____, 201_, by the following vote: Ayes: Nays: Absent: Abstained: City of San Jacinto __________________________ by Alonso Ledezma, Mayor ATTEST: ___________________________ Rick Miller, City Clerk APPROVED AS TO FORM: Best, Best & Krieger, LLP ___________________________ City Attorney, City of San Jacinto PACKET PAGE: 74 AGENDA ITEM 4.1 Page 1 of 5 STATE OF CALIFORNIA ) RESOLUTION NO: 3538 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF PROPERTY (KIRBY VILLAGE, ASSESSOR'S PARCEL NO. 436-450-019) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO.2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2015-16 (LLPD NO. 2, ANNEXATION NO. 89) WHEREAS, on September 16, 2014, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. 3533 declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 89" and "Zone 89," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. 3533, the City Council approved the report of NBS, the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2015-16 upon assessable lots and parcels of land within the territory which comprises Annexation No. 89 to and Zone 89 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon was mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and PACKET PAGE: 75 AGENDA ITEM 4.1 Page 2 of 5 NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Section 1: Findings. The findings recited in the preceding paragraphs are true and correct. Section 2: Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 89 is described in the Report and is identified by Riverside County Assessor's Parcel Number: 436-450-019 in the City of San Jacinto, County of Riverside. Section 3: Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) The installation or construction or operation 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, and parkways; (c) The installation or construction of sidewalks, curb and gutter, storm drains, and catch basins; (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 (e) The maintenance and servicing of any of the foregoing. Section 4: Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 89, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 89 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 89 of the Assessment District. The territory comprising Annexation No. 89 and Zone 89 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. PACKET PAGE: 76 AGENDA ITEM 4.1 Page 3 of 5 Section 5: Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 89 of the Assessment District for Fiscal Year 2015- 16 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 89 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. 3353, and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 89 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index-All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any 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 assessments shall be levied annually on assessable lots and parcels of property in Zone 89 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 89. Section 6: Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. Section 7: That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. PACKET PAGE: 77 AGENDA ITEM 4.1 Page 4 of 5 PASSED, APPROVED and ADOPTED this __ day of ______, 201_, by the following vote: Ayes: Nays: Absent: Abstained: City of San Jacinto __________________________ by Alonso Ledezma, Mayor ATTEST: ___________________________ Rick Miller, City Clerk APPROVED AS TO FORM: Best, Best & Krieger, LLP ___________________________ City Attorney, City of San Jacinto PACKET PAGE: 78 AGENDA ITEM 4.1 Page 5 of 5 Certificate of Tabulation Official and Statement of Assessment Ballots Submitted STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, the duly authorized tabulation official appointed by the City Council of the City of San Jacinto, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIII D of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted and not withdrawn in the assessment ballot proceedings pertaining to City of San Jacinto Landscaping, Lighting and Park District No. 2 (LLPD No. 2), Annexation No. 89. I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment and the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Total assessment ballots distributed Total assessment ballots received Total assessment ballots invalidated Assessment ballots received in favor of the proposed assessment: Weighted value of assessment ballots received in favor of the proposed assessment Percent of assessment ballots received in favor of the proposed assessment Assessment ballots received in opposition to the proposed assessment: Weighted value of assessment ballots received in opposition to the proposed assessment Percent of assessment ballots received in opposition to the proposed assessment This certification is executed this day of , 2014 in ___________________, California. By: Title: PACKET PAGE: 79 AGENDA ITEM 4.1 Page 1 October 21, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, City Manager SUBJECT: Resolution No. 3539 / expressing the City Council’s intent to commit a set percentage of UUT proceeds to Public Safety Services. RECOMMENDATION: Staff recommends that the City Council, by motion, adopt Resolution No. 3539 committing a set percentage of the proceeds of the UUT to public safety services. DISCUSSION: On August 5, 2014, the City Council of the City of San Jacinto called a General Municipal Tax Election to be held on November 4, 2014, for the purpose of submitting to the voters the question of whether to adopt an ordinance adding Chapter 3.22 to the San Jacinto Municipal Code, which would enact a maximum of a six and one-half percent (6.5%) utility users tax (“UUT”) on utility usage within the City for a period of ten (10) years. Pursuant to Section 3.22.010 of the proposed UUT ordinance, the UUT is a general tax enacted solely to raise revenue for the general governmental purposes of the City and all of the proceeds from the tax shall be placed in the City's general fund. The general fund pays for essential City services such as police, fire and paramedic services, community center and recreation services, street operations and maintenance, and general municipal services to the public. However, the City’s annual public safety expenditures (estimated at $12.8 million for FY 14/15) exceed the annual revenue from the four main sources that make up the City’s general fund revenues (estimated at $9.2 million, 81% of total revenues of $11.3 million for FY 14/15). As such, dedicating a percentage of the UUT proceeds to public safety services would eliminate this imbalance. FISCAL IMPACT: Should the voters enact the UUT, the proceeds are expected to generate in excess of $5 million annually. Dedicating a set percentage of the proceeds would allow the City to preserve and even expand [public safety services. ATTACHMENTS: Resolution No. 3539 PACKET PAGE: 81 AGENDA ITEM 5.1 STATE OF CALIFORNIA ) RESOLUTION NO. 3539 COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA EXPRESSING ITS INTENT TO COMMIT A CERTAIN PERCENTAGE OF UTILITY USERS TAX (UUT) REVENUE FOR PUBLIC SAFETY PURPOSES. WHEREAS, on August 5, 2014, the City Council of the City of San Jacinto called a General Municipal Tax Election to be held on November 4, 2014, for the purpose of submitting to the voters the question of whether to adopt an ordinance adding Chapter 3.22 to the San Jacinto Municipal Code, which would enact a six and one-half percent (6.5%) utility users tax (“UUT”) on utility usage within the City for a period of ten (10) years; and WHEREAS, pursuant to Section 3.22.010 of the proposed UUT ordinance, the UUT is a general tax enacted solely to raise revenue for the general governmental purposes of the City and all of the proceeds from the tax shall be placed in the City's general fund and used for the usual current expenses of the City; and WHEREAS, the general fund pays for essential City services such as police, fire and paramedic services, community center and recreation services, street operations and maintenance, and general municipal services to the public; and WHEREAS, the City Council desires to adopt this resolution expressing this City Council’s intent, if the UUT is enacted by the voters, to commit to spend a certain percentage of future UUT revenue for public safety purposes. . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. The City Council finds that all of the preceding recitals are true and correct. Section 2. Commitment to Spending UUT Revenue. The City Council hereby expresses its intent, if the UUT is enacted by the voters, to spend the following percentages of future UUT revenue for the following purposes: A. Public Safety: Eight-five percent (85%) of future UUT revenue shall be spent on the costs of providing public safety services, consisting of: police patrol, response, investigation, apprehension and law enforcement, emergency 9-1-1- response, fire prevention and suppression services, paramedic services, and ambulance services. PACKET PAGE: 83 AGENDA ITEM 5.1 2 Section 3. UUT Not Deemed a Special Tax. The adoption of this Resolution shall not be construed, and it is not the City Council’s intent, to convert the proposed UUT into a “special tax”, as that term is defined Article XIIIC §1(d) of the California Constitution, or California Government Code §§ 53721 and 53724, or any combination thereof. Although this Resolution expresses the intent of the current City Council to spend future UUT revenues for certain purposes, this Resolution is non-binding on any future or subsequently constituted City Council, and the UUT shall remain a “general tax” as that term is defined in Article XIIIC §1(a) of the California Constitution, and as set forth in Section 3.22.010 of the proposed UUT ordinance. Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 21st day of October, 2014, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto _____________________________ By: Alonso Ledezma, Mayor ATTEST: _______________________ Rick Miller, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP _____________________________ Jeffrey S. Ballinger, City Attorney PACKET PAGE: 84 AGENDA ITEM 5.1 3 I, _________________, City Clerk of the City of San Jacinto, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 21st day of October, 2014, by the following vote to wit: AYES: NOES: ABSTAIN: ABSENT: _____________________________ City Clerk PACKET PAGE: 85 AGENDA ITEM 5.1 October 21, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, City Manager SUBJECT: Resolution No. 3540 / establishing a DUI Emergency Response Cost Recovery Program (“Program”) to hold persons driving impaired by alcohol, drugs, or both financially accountable for their actions by recovering emergency response expenses. RECOMMENDATION: Staff recommends that the City Council, by motion, adopt Resolution No. 3540 establishing a DUI Emergency Response Cost Recovery Program (“Program”). DISCUSSION: California Government Code section 53150 et seq. allows the City to recover costs incurred for each motor vehicle incident resulting in an emergency response due to the intentional wrongful conduct or negligent operation of a motor vehicle by a person under the influence of alcohol, drugs, or both. As such, by adoption of the attached resolution, the City will seek the recovery of reasonable and appropriate emergency response costs incurred by the Police and Fire Departments arising from such incidents. Government Code section 53156(a) defines “expense of an emergency response” as the “reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident.” Reasonable costs include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. Emergency response expenses also include removing vehicles, investigating the cause of the incident, conducting field sobriety tests, and if appropriate, arresting and detaining the subject. These costs may also include time spent booking the suspect, writing reports, as well as the cost of materials. Emergency response expenses are intended to be in addition to any other liability, fines, or fees that are imposed by law. The cost recovery process would require that the City calculate the costs incurred in an emergency response for such incidents. The City would then prepare an invoice and a letter to the person(s) causing the incident seeking recovery of the emergency response PACKET PAGE: 87 AGENDA ITEM 5.2 costs necessitated by the incident as reflected on a “Cost Recovery Statement” for the incident. The Cost Recovery Statement shall include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. The Cost Recovery Statement shall also include the costs of removing vehicles, investigating the cause of the incident, conducting field sobriety tests, arresting and detaining the suspect, booking the suspect, writing reports, and the cost of materials. FISCAL IMPACT: The Chief of Police is charged with establishing the amount of the Cost Recovery Statement for each incident. The maximum that can be invoiced per incident is twelve thousand dollars ($12,000). From October 2013 to September 2014, the City experienced 28 incidents that would be applicable, for a maximum recovery of about $336,000. ATTACHMENTS: Resolution No. 3540 PACKET PAGE: 88 AGENDA ITEM 5.2 24438.00000\9090111.1 STATE OF CALIFORNIA ) RESOLUTION NO. 3540 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING A DUI EMERGENCY RESPONSE COST RECOVERY PROGRAM FOR MOTOR VEHICLE INCIDENTS CAUSED BY PERSONS DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR BOTH WHEREAS, Government Code section 53150 et seq. authorizes public agencies to recover emergency response expenses from any person whose intentional wrongful conduct or negligent conduct causes a motor vehicle incident resulting in an appropriate emergency response; and WHEREAS, Government Code section 53156(a) defines “expense of an emergency response” as the “reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident.” Reasonable costs include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident; and WHEREAS, emergency response expenses also include removing vehicles, investigating the cause of the incident, conducting field sobriety tests, and if appropriate, arresting and detaining the subject. These costs may also include time spent booking the suspect, writing reports, as well as the cost of materials. (California Highway Patrol v. Superior Court, (2006) 135 Cal. App. 4th 488, 508-09 (Cal. App. 1st Dist.); and WHEREAS, emergency response expenses authorized under Government Code section 53150 are intended to be in addition to, and not in limitation of, any other liability, fines, or fees that are imposed by law; and WHEREAS, the City of San Jacinto, through a contract with the County of Riverside, provides police, fire protection, and emergency medical response services for traffic collisions caused by individuals under the influence of alcohol, drugs, or both; and WHEREAS, the City wishes to establish a DUI Emergency Response Cost Recovery Program (“Program”) to hold persons driving impaired by alcohol, drugs, or both financially accountable for their actions by recovering emergency response expenses. PACKET PAGE: 89 AGENDA ITEM 5.2 Page 2 24438.00000\9090111.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of San Jacinto, California, finds that the above recitals are true and correct and incorporated herein by this reference. SECTION 2. The City Council hereby approves and adopts the DUI Emergency Response Cost Recovery Program (“Program”). SECTION 3. Pursuant to the adoption of the Program, the City may recover the reasonable costs incurred in making an appropriate emergency response to incidents involving persons(s) who are driving under the influence of alcohol, drugs, or both. SECTION 4. The City shall calculate the reasonable costs incurred in making an appropriate emergency response for each incident involving person(s) who are driving under the influence of alcohol, drugs, or both. The City shall prepare an invoice and letter to the person(s) causing the incident seeking recovery of the emergency response costs necessitated by the incident as reflected on the Cost Recovery Statement for the incident. SECTION 5. The Cost Recovery Statement shall include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. The Cost Recovery Statement shall also include the costs of removing vehicles, investigating the cause of the incident, conducting field sobriety tests, arresting and detaining the suspect, booking the suspect, writing reports, and the cost of materials. SECTION 6. The City Council hereby authorizes the Chief of Police, or his or her designee, to implement the Program and recover the costs reflected on a Cost Recovery Statement for deposit into the General Fund. SECTION 7. The City Council hereby authorizes the Chief of Police, or his or her designee, to establish the amount of the Cost Recovery Statement for each incident, which shall not exceed twelve thousand dollars ($12,000) for any one incident. SECTION 8. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this _____ day of _______________, 2014. ________________________________ Alonso Ledezma, Mayor PACKET PAGE: 90 AGENDA ITEM 5.2 Page 3 24438.00000\9090111.1 ATTEST: ______________________________ Richard Miller, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP _______________________________ Jeffrey S. Ballinger, City Attorney PACKET PAGE: 91 AGENDA ITEM 5.2 Page 4 24438.00000\9090111.1 STATE OF CALIFORNIA ) RESOLUTION NO. _____ COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) I, Rick Miller, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the _____ day of _______________, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Richard Miller, City Clerk PACKET PAGE: 92 AGENDA ITEM 5.2