Resolution No. 4076
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 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 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
Resolution No. 4076
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.
Resolution No. 4076
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 3
rd day of June, 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
By: _____________________________
Valerie Vandever, Mayor
ATTEST:
_____________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
_____________________________________
City Attorney, City of San Jacinto
Best, Best & Krieger, LLP
Resolution No. 4076
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 3
rd day of June, 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAINED:
WITNESS MY HAND AND OFFICIAL SEAL this 3
rd day of June, 2025.
______________________________
Julia Espinoza, City Clerk
City of San Jacinto