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HomeMy WebLinkAboutResolution - 3981Resolution No. 3981 Page 1 of 4 STATE OF CALIFORNIA ) RESOLUTION NO. 3981 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) 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 AND GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE HEARING ON THE LEVY OF THE PROPOSED ASSESSMENT FOR FISCAL YEAR 2023-2024 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 o f the levying of assessments against real property; and WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provision s 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 Fiscal Year 2023-2024 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 DocuSign Envelope ID: E29E3E04-AA5E-4BFE-91C3-4240E8FC25B3 Resolution No. 3981 Page 2 of 4 WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2023-2024 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 2023-2024 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 2023-2024 assessments in each benefit zone within District are the same as the Fiscal Year 2022-2023 assessments and are not proposed to be increased. Section 5. On Tuesday, June 20, 2023, 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 . DocuSign Envelope ID: E29E3E04-AA5E-4BFE-91C3-4240E8FC25B3 Resolution No. 3981 Page 3 of 4 Section 7. This Resolution is adopted pursuant to Section 22624 of the Streets and Highways Code. PASSED, APPROVED, and ADOPTED this 6th day of June 2023, by the following vote: AYES: Ruiz, Vandever, Ledezma NAYS: None ABSENT: Ayala, Hawkins ABSTAIN: None CITY OF SAN JACINTO: ______________________ Alonso Ledezma, Mayor ATTEST: Julia Espinoza, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER, LLP. ______________________________ Craig Hayes, City Attorney DocuSign Envelope ID: E29E3E04-AA5E-4BFE-91C3-4240E8FC25B3 Resolution No. 3981 Page 4 of 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATE I, Julia Espinoza, City Clerk of the City of San Jacinto, do certify that the foregoing Resolution No. 3981 was passed, adopted, and approved at a regular meeting of the City Council of the City of San Jacinto held on the 6th day of June 2023, by the following vote: AYES: Ruiz, Vandever, Ledezma NAYS: None ABSENT: Ayala, Hawkins ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023. ______________________________ Julia Espinoza, City Clerk City of San Jacinto DocuSign Envelope ID: E29E3E04-AA5E-4BFE-91C3-4240E8FC25B3