HomeMy WebLinkAboutResolution No. 4076 - LLPD 2 Resolution of Intention FY 25-26Resolution No. 4076
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RESOLUTION NO. 4076
STATE OF CALIFORNIA )
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 2025-2026
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 Art icle 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 2025-2026 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
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Resolution No. 4076
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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 2025-2026 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 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
2025-2026 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 2025-2026 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.
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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 17, 2025, 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.
APPROVED AND ADOPTED this 3rd day of June, 2025, by the following vote:
AYES: Ledezma, Ayala, Ruiz, Vandever
NAYS: None
ABSENT: Sanchez
ABSTAIN: None
CITY OF SAN JACINTO:
By: _____________________________
Valerie Vandever, Mayor
ATTEST:
_____________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
_____________________________________
City Attorney, City of San Jacinto
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Resolution No. 4076
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Best, Best & Krieger, LLP
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. 4076 was passed, adopted, and approved at a regular meeting of the City
Council of the City of San Jacinto held on the 3rd day of June, 2025, by the following vote:
AYES: Ledezma, Ayala, Ruiz, Vandever
NAYS: None
ABSENT: Sanchez
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 3rd day of June, 2025.
______________________________
Julia Espinoza, City Clerk
City of San Jacinto
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