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HomeMy WebLinkAboutResolution - 3982Resolution No. 3982 Page 1 of 4 STATE OF CALIFORNIA ) RESOLUTION NO. 3982 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 NO. 2, 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 FOR FISCAL YEAR 2023-2024 WHEREAS, on April 4, 2002, the City Council of the City of San Jacinto, (the “City”) adopted Landscaping, Lighting, and Park District No. 2 (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, 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 in itially imposed;” and WHEREAS, the District assessments proposed for Fiscal Year 2023-2024 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 DocuSign Envelope ID: E29E3E04-AA5E-4BFE-91C3-4240E8FC25B3 Resolution No. 3982 Page 2 of 4 WHEREAS, no new improvements or substantial changes in existing improvements are proposed for said District; 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 2023-2024 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 a 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 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 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 said 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 2023-2024 assessments in each benefit zone within the District are within the limits approved by petition of the property owners when the assessments were originally imposed. DocuSign Envelope ID: E29E3E04-AA5E-4BFE-91C3-4240E8FC25B3 Resolution No. 3982 Page 3 of 4 SECTION 5. The City Council hereby declares that the Finance Director has authorization to adjust the District 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 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 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 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. 3982 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. 3982 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