HomeMy WebLinkAboutResolution - 3799STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
RESOLUTION NO.3799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND
COLLECT ASSESSMENTS WITHIN LANDSCAPING, LIGHTING AND
PARK DISTRICT NO. 1 FOR FISCAL YEAR 2020-2021 AND GIVING
NOTICE OF AND SETTING THE TIME AND PLACE OF THE HEARING
ON THE LEVY OF THE PROPOSED ASSESSMENT
WHEREAS, on June 16, 1992 the City Council of the City of San Jacinto, ("City")
authorized the formation of Landscaping, Lighting and Park District No. 1 (the "District")
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, landscaping, parkways and median islands; and
WHEREAS, in November 1996 the voters of the State of California passed
Proposition 218 which added Article 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 Article XIIID,
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 2020-2021 Fiscal Year
are exempt from Proposition 218 because the assessments are either general revenue
for the operation and maintenance of street and highways, all expenditures thereunder
qualifying as street maintenance as defined by the State of California, or the
assessments were approved by the property owners on June 16, 1992, originally
imposed prior to the passage of Proposition 218; 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
Page 1 of 4
WHEREAS, the adoption of this Resolution, among other things, is required in
order to levy the proposed assessments for Fiscal Year 2020-2021 for the District; and
WHEREAS, by said Resolution the City Council ordered NBS, the company
designated by this Council as the Assessment District Engineer, 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 its intention to levy and collect
assessments for the District during the Fiscal Year 2020-2021
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
landscaping, irrigation, parkways, medians and street lighting.
Section 3. The report filed 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 and improvements, the boundaries of the
District, and the proposed assessments upon assessable lots and
parcels of land with the District. The complete list of assessor
parcel numbers can be found on file with the City Clerk.
Section 4. The Fiscal Year 2020-2021 assessments in each benefit zone
within the District are the same as the Fiscal Year 2019-2020
assessments and are not proposed to be increased.
Section 5. On Tuesday, June 16, 2020, 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 6 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 10 days before the date of the hearing pursuant to
Section 22626 of the Streets and Highways Code.
Page 2 of 4
Section 7. This Resolution is adopted pursuant to Section 22624 of the Streets
and Highways Code.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council
on 2nd day of June, 2020, by the following vote:
AYES: Ruiz, Lopez, Ledezma
NAYS: None
ABSENT: Utz, Kotyuk
ABSTAIN: None
ATTEST:
'--� A f 'C' F ,
Jul' Espinoza, Records Clerk
BEST BET & KRIEGER, LLP.
f
Michael J. Maurer, City Attorney
CITY OF SAN JACINTO:
Andrew Kotyuk, Mayor
Page 3 of 4
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
CERTIFICATION
I, Julia Espinoza, duly appointed Records Clerk of the City of San Jacinto, do
hereby certify that the foregoing Resolution No. 3799 was passed, approved and
adopted at a regular meeting of the City Council of the City of San Jacinto held on the
2nd day of June, 2020, by the following vote:
AYES:
Ruiz, Lopez, Ledezma
NAYS:
None
ABSENT:
Utz, Kotyuk
ABSTAIN:
None
WITNESS MY HAND AND OFFICIAL SEAL the 2nd day of June, 2020.
r-LIA,
q '�
Espinoza, Records Clerk
City of San Jacinto
Page 4 of 4