HomeMy WebLinkAboutResolution - 3940Resolution No. 3940
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STATE OF CALIFORNIA ) RESOLUTION NO. 3940
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO CONFIRMING DIAGRAM AND ASSESSMENT FOR
LANDSCAPING, LIGHTING, AND PARK DISTRICT NO. 1 (LLPD NO. 1)
FOR FISCAL YEAR 2022-2023 (FY 22-23)
WHEREAS, the City Council of the City of San Jacinto has initiated proceedings
for the levy and collection of assessments for FY 22-23 for LLPD No. 1 pursuant to the
Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of
Division 15 of the Streets and Highways Code (the “Act”), which, among other things,
scheduled a public hearing on the levy and collection of assessments on the lots and
parcels of assessable property within LLPD No. 1 of the City of San Jacinto, and
WHEREAS, notice of said hearing was given pursuant to Section 22626 and duly
published as required by Sections 22552 and 22553 of said Code; and
WHEREAS, the City Council has ordered the filing of an Engineer’s Report (the
“report”) with the City Clerk, pursuant to law for the City Council’s consideration and
subsequently thereto the City Council adopted its Resolution of Intention approving the
report, and declaring the intention of the City Council to order the levy and collection of
assessments to pay the costs and expenses of maintaining the landscaped areas, street
lights and public parks in LLPD No. 1 for the Fiscal Year commencing July 1, 2022 and
ending June 30, 2023; 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, Section 4 of the California Constitution requires that
assessments comply with state procedural and approval provisions by July 1, 1997,
unless and 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 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
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WHEREAS, assessments proposed for FY 22-23 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 the assessments were approved by the property
owners on June 16, 1992, originally imposed prior to the passage of Proposition 218; and
WHEREAS, the public hearing adopting this Resolution was initially noticed for
July 5, 2022 and, by motion, has been continued to July 19, 2022; and
WHEREAS, the adoption of this Resolution, among other things, is required to levy
the proposed assessment for FY 22-23;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto, as follows:
SECTION 1: Following notice duly given by publication, the City Council has held
a public hearing regarding the levy of the proposed assessm ent
within LLPD No. 1 for the Fiscal Year commencing July 1, 2022 and
ending June 30, 2023 to pay for the costs and expenses of
maintaining and servicing the public landscaped improvements,
street lights and parks installed and constructed within LLPD No. 1.
All interested persons were afforded the opportunity to hear and be
heard regarding protests and objections have been considered by
the City Council.
SECTION 2: The City Council hereby confirms the diagram and assessment set
forth in the report for FY 22-23 and orders the maintenance and
servicing of the public landscaped improvements, street lights and
parks installed and constructed in LLPD No. 1 and as more
particularly described in the report.
SECTION 3: The adoption of this Resolution constitutes the levy of an assessment
for the Fiscal Year commencing July 1, 2022 and ending June 30,
2023. Said assessment is levied without regard to property
valuation.
SECTION 4: The maintenance and servicing of the public landscaped areas,
street lights and parks shall be performed pursuant to law and the
County Auditor of Riverside County shall enter on the County
Assessment Roll opposite each lot or parcel of land the amount of
the assessment and such assessment shall then be collected at the
same time and in the same manner as the County taxes are
collected. After collection by the County, the net amount of the
assessments shall be paid to the City Treasurer.
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SECTION 5: The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a special fund
known as LLPD No. 1 Fund.
SECTION 6: The City Clerk is hereby authorized and directed to file the
assessment with the County Auditor, together with a certified copy of
this Resolution upon its adoption.
SECTION 7: A certified copy of the assessment diagram shall be filed in the office
of the City Clerk and open for public inspection.
APPROVED AND ADOPTED this 19th day of July 2022 by the following vote:
AYES: Ledezma, Hawkins, Ruiz, Ayala
NAYS: None
ABSENT: Heath
ABSTAIN: None
CITY OF SAN JACINTO:
By: __________________________________
Crystal Ruiz, Mayor
ATTEST:
___________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
Michael J. Maurer, City Attorney
Best Best & Krieger, LLP
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CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY
that the foregoing Resolution No. 3940 was passed, approved, and adopted at the
Regular Meeting of the San Jacinto City Council held on July 19, 2022.
AYES: Ledezma, Hawkins, Ruiz, Ayala
NAYS: None
ABSENT: Heath
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 19th day of July 2022.
______________________________
Julia Espinoza, City Clerk
City of San Jacinto
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