HomeMy WebLinkAboutCity Council Meeting of 2012-06-12 Agenda Item No.11 CITY OF ice.
LAKE taiLSITIOU
` D REAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: THOMAS P. EVANS C
INTERIM CITY MANAG
DATE: JUNE 12, 2012
SUBJECT: CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT AND
THE LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT
NO. 1 FOR THE FISCAL YEAR 2012 -13 — APPROVAL OF ENGINEER'S
REPORTS AND RESOLUTIONS OF INTENTION
Recommendations
1. Waive further reading and adopt Resolution No. 2012 -024 ordering the
preparation of an Engineer's Report for the Citywide LLMD
2. Waive further reading and adopt Resolution No. 2012 -025 approving the
Engineer's Report for the Citywide LLMD
3. Waive further reading and adopt Resolution No. 2012 -026 declaring Council's
intention to provide for an Annual Levy and Collection of Assessments in the
Citywide LLMD and setting a public hearing for July 10, 2012
4. Waive further reading and adopt Resolution No. 2012 -027 ordering the
preparation of an Engineer's Report for the LLMD No. 1
5. Waive further reading and adopt Resolution No. 2012 -028 approving the
Engineer's Report for the LLMD No. 1
6. Waive further reading and adopt Resolution No. 2012 -029 declaring Council's
intention to provide for an Annual Levy and Collection of Assessments in the
LLMD No. 1 and setting a public hearing for July 10, 2012
Background
The City Council established a Citywide Landscaping and Street Lighting District
( "Citywide LLMD ") in 1988 for the purpose of maintaining those facilities in accordance
with the Landscaping and Lighting Act of 1972.
Detail of the streetlight inventory and projected landscaping to be accepted and
maintained by the City has been incorporated in the annual Engineer's Report.
1 AGENDA ITEM NO. 11
Page 1 of 18
Resolutions of Intention for LLMDs
June 12, 2012
Page 2
The Citywide LLMD only includes those facilities found to be exempt by Proposition
218, a Constitutional Amendment passed by the voters in November, 1996. Park
facilities are not exempt per the Constitutional Amendment, therefore, since November,
1996, the cost of park maintenance falls under the General Fund.
The Landscaping & Street Lighting Maintenance District No. 1 ( "LLMD No. 1") was
formed in 2003. There are currently 24 zones that have been annexed into the district.
Each zone represents a new development since 2003. A map of the Zones is included
in the annual Engineer's Report.
Discussion
Attached hereto are two Resolutions ordering the preparation of the Engineer's Report
for both districts for Fiscal Year 2012 -13, two Resolutions accepting the Engineer's
Report for both districts for Fiscal Year 2012 -13, and two Resolutions declaring the
City's intent to provide for an Annual Levy and Collection of Assessments in both
Districts, setting a public hearing for July 10, 2012.
Fiscal Impact
The Citywide LLMD is expected to generate approximately $1,354,000 from the
assessments to cover the landscaping and street lighting maintenance activities within
the district.
LLMD No. 1 is expected to generate approximately $218,000 from the assessments to
cover the landscaping and street lighting maintenance activities within the district.
Zone 4 of LLMD No. 1 requires a general fund contribution of $6,612.30 to cover the
general benefit portion of the park maintenance costs, as required by Article XIII D of
the State Constitution (Proposition 218).
Prepared by: James R. Riley 12
Director of Admi rative Services
Approved by: Thomas P. Evans
Interim City Manag
Attachments
• Resolutions (6)
Preliminary Engineer's Reports for Citywide LLMD and LLMD No. 1
2
Page 2 of 18
RESOLUTION NO. 2012 -024
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT FOR THE ANNUAL LEVY
OF ASSESSMENTS FOR FISCAL YEAR 2012 -13 IN
A DISTRICT WITHIN SAID CITY
WHEREAS, the City Council of the City of Lake Elsinore, California,
has previously formed a landscaping and street lighting district pursuant to the
terms and provisions of the "Landscaping and Lighting Act of 1972 ", being
Division 15, Part 2 of the Streets and Highways Code of the State of California, in
that is known and designated as
CITY OF LAKE ELSINORE
CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT
(hereinafter referred to as the "District "); and
WHEREAS, the District was established to provide public
landscaping, street tree, street lighting and traffic signal improvements and
maintenance and other similar appurtenances; and
WHEREAS, the Landscaping and Lighting Act of 1972 provides for
the annual preparation of an Engineer's Report (the " Report") and confirmation
and levy of assessments upon the parcels within the District for the estimated
expenditures to provide the services; and
WHEREAS, the Landscaping and Lighting Act of 1972 requires the
Report to consist of the following:
A. Plans and specifications;
B. Estimate of cost;
C. Diagram of the District;
D. Assessment of the estimated cost;
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
SECTION 1. That the above recitals are all true and correct.
Page 3 of 18
City Council Resolution No. 2012 -024
Page2of2
SECTION 2. That the assessment engineering firm of Francisco &
Associates, Inc. is hereby ordered to prepare and file with the City Clerk the
Report relating to said annual assessment and levy in accordance with the
Landscaping and Lighting Act of 1972.
SECTION 3. That the proposed maintenance work within the area
proposed to be assessed shall be for certain public landscaping and lighting
improvements, as said maintenance work is set forth in the Report to be
presented to this City Council for consideration.
SECTION 4. That the City Clerk shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Lake Elsinore, California, this 12 day of June, 2012.
BRIAN TISDALE
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
2 Page 4 of 18
RESOLUTION NO. 2012 -025
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING THE ENGINEER'S REPORT FOR THE
ANNUAL LEVY OF ASSESSMENTS FOR FISCAL
YEAR 2012 -13 IN A DISTRICT WITHIN SAID CITY
WHEREAS, the City Council of the City of Lake Elsinore, California,
pursuant to the provisions of Division 15, Part 2 of the Streets and Highways
Code of the State of California, did, by previous Resolution, order the preparation
of an Engineer's Report for the annual levy of assessments, consisting of plans
and specifications, an estimate of the cost, a diagram of the district, and an
assessment relating to what is now known and designated as
CITY OF LAKE ELSINORE
CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT
(hereinafter referred to as the "District "); and
WHEREAS, there has now been presented to this City Council the
Report as required by said Division 15 of the Streets and Highways Code and as
previously directed by Resolution; and
WHEREAS, this City Council has now carefully examined and
reviewed the Report as presented, and is satisfied with each and all of the items
and documents set forth therein, and is satisfied that the assessments on a
preliminary basis, have been spread in accordance with the benefits received
from the maintenance to be performed as set forth in said Report.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Report as presented, consisting of the
following:
A. Plans and specifications;
B. Estimate of cost;
C. Diagram of the District;
D. Assessment of the estimated cost;
Page 5of18
City Council Resolution No. 2012 -025
Page 2 of 3
is hereby approved on a preliminary basis, and is ordered to be filed in the Office
of the City Clerk as a permanent record and to remain open to public inspection.
SECTION 3. That the City Clerk shall certify to the passage and
adoption of this Resolution, and the minutes of this meeting shall so reflect the
presentation of the Engineer's Report.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Lake Elsinore, California, this 12th day of June, 2012.
BRIAN TISDALE
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
Page 6 of 18
RESOLUTION NO. 2012 -026
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
DECLARING ITS INTENTION TO PROVIDE FOR
AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS FOR CERTAIN MAINTENANCE IN
AN EXISTING DISTRICT, PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, AND SETTING A TIME AND
PLACE FOR THE PUBLIC MEETING AND PUBLIC
HEARING THEREON.
WHEREAS, the City Council of the City of Lake Elsinore, California,
has previously formed a landscaping and street lighting district pursuant to the
terms and provisions of the "Landscaping and Lighting Act of 1972 ", being
Division 15, Part 2 of the Streets and Highways Code of the State of California, in
that is known and designated as
CITY OF LAKE ELSINORE
CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT
(hereinafter referred to as the "District "); and
WHEREAS, at this time, this City Council is desirous to take
proceedings to provide for the annual levy of assessments for the next ensuing
fiscal year, to provide for the costs and expenses necessary for continual
maintenance of those improvements exempt pursuant to California Constitution
Article XIIID within said District; and
WHEREAS, at this time there has been presented and approved by
this City Council, the Engineer's Report as required by law, and this City Council
is desirous of moving forward with the proceedings for said annual levy.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
SECTION 1. That the above recitals are all true and correct.
PUBLIC INTEREST
SECTION 2. That the public interest and convenience requires,
and it is the intention of this City Council, to undertake proceedings for the annual
levy and collection of special assessments for the continual maintenance of
certain improvements, all to serve and benefit said District as said area is shown
Page 7of18
City Council Resolution No. 2012 -026
Page 2of5
and delineated on a map previously approved by this City Council and on file in
the Office of the City Clerk, open to public inspection, and therein so referenced
and made a part hereof, and proposed changes thereto are set forth in the
Report of the Engineer, incorporated herein as a part hereof.
REPORT
SECTION 3. That the Report of the Engineer regarding the annual
levy for said District, which Report is for maintenance for the fiscal year 2012 -13
is hereby approved and is directed to be filed in the Office of the City Clerk.
ASSESSMENT
SECTION 4. That the public interest and convenience requires,
and it is the intention of this City Council, to order the annual assessment levy for
the District as set forth and described in said Engineer's Report and further it is
determined to be in the best public interest and convenience to levy and collect
annual assessments to pay the costs and expenses of said maintenance and
improvements as estimated in said Report.
DESCRIPTION OF MAINTENANCE
SECTION 5. The assessments levied and collected shall be for the
maintenance of certain street lighting and landscaping improvements, as set forth
in the Engineer's Report, referenced and so incorporated herein.
COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County
Assessment Roll the amount of the assessments, and shall collect said
assessments at the time and in the same manner as County taxes are collected.
After collection by the County, the net amount of the assessments, after the
deduction of any compensation due to the County for collection, shall be paid to
the Treasurer for purposes of paying for the costs and expenses of said District.
SPECIAL FUND
SECTION 7. That all monies collected shall be deposited in a
special fund known as "SPECIAL FUND, CITY OF LAKE ELSINORE
CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT ". Payment
shall be made out of said fund only for the purposes provided for in this
Resolution, and in order to expedite the making of this maintenance and
improvements, the City Council may transfer into said funds as it may deem
necessary to expedite the proceedings. Any funds shall be repaid out of the
proceeds of the assessments provided for in this Resolution.
2 Page 8of18
City Council Resolution No. 2012 -026
Page 3 of 5
BOUNDARIES OF DISTRICT
SECTION 8. Said contemplated maintenance work has been
determined previously, in the opinion of this City Council, to be exempt from the
provisions of California Constitution Article XIIID, and further of direct benefit to
the properties within the boundaries of the District, and this City Council hereby
declares to be the district benefited by said improvements and maintenance, and
to be further assessed to pay the costs and expenses thereof. Said District shall
include each and every parcel of land within the boundaries of said District, as
said District is shown on a map as approved by this City Council and on file in the
Office of the City Clerk and so designated by the name of the District.
PUBLIC PROPERTY
SECTION 9. Any lots or parcels of land known as public property,
as the same are defined in Section 22663 of Division 15, Part 2 of the Streets
and Highways Code of the State of California, which are included within the
boundaries of the District, shall be omitted and exempt from any assessment to
be made under these proceedings to cover any of the costs and expenses of
said improvements and maintenance work.
PUBLIC HEARING
SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE
10 DAY OF JULY, 2012, AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE CITY
COUNCIL CHAMBERS LOCATED AT 183 NORTH MAIN STREET, LAKE
ELSINORE, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR
THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE
ANNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE
MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS
RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. ANY
PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE
ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK
PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.
NOTICE
SECTION 11. That the City Clerk is hereby authorized and
directed to publish, pursuant to Government Code Section 6061, the Resolution
of Intention as notice of the Public Hearing in the Riverside Press - Enterprise, a
newspaper of general circulation within said City, said publication to be not less
than ten (10) days before the date set for said Public Hearing.
SECTION 12. That the City Clerk is further directed to cause a
copy of the Resolution of Intention and said notice to be posted upon the official
bulletin board customarily used for the posting of notices.
3 Page 9 of 18
City Council Resolution No. 2012 -026
Page 4 of 5
EFFECTIVE DATE
SECTION 13. That this Resolution shall take effect immediately
upon its adoption.
PROCEEDINGS INQUIRIES
SECTION 14. For any and all information relating to the
proceedings, protest procedure, any documentation and /or information of a
procedural or technical nature, your attention is directed to the below listed
person at the local agency or department so designated:
Director of Administrative Services
City of Lake Elsinore, City Hall
130 South Main Street
Lake Elsinore, CA 92530
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Lake Elsinore, California, this 12th day of June, 2012.
BRIAN TISDALE
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
4 Page 10 of 18
RESOLUTION NO. 2012 -027
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT FOR THE ANNUAL LEVY
OF ASSESSMENTS FOR FISCAL YEAR 2012 -13 IN
A DISTRICT WITHIN SAID CITY
WHEREAS, the City Council of the City of Lake Elsinore, California,
has previously formed a landscaping and street lighting district pursuant to the
terms and provisions of the "Landscaping and Lighting Act of 1972 ", being
Division 15, Part 2 of the Streets and Highways Code of the State of California, in
that is known and designated as
CITY OF LAKE ELSINORE
LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as the "District "); and
WHEREAS, the District was established to provide public
landscaping, park, open space, street lighting and maintenance and other similar
appurtenances; and
WHEREAS, the Landscaping and Lighting Act of 1972 provides for
the annual preparation of an Engineer's Report (the " Report") and confirmation
and levy of assessments upon the parcels within the District for the estimated
expenditures to provide the services; and
WHEREAS, the Landscaping and Lighting Act of 1972 requires the
Report to consist of the following:
A. Plans and specifications;
B. Estimate of cost;
C. Diagram of the District;
D. Assessment of the estimated cost;
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
SECTION 1. That the above recitals are all true and correct.
Page 11 of 18
City Council Resolution No. 2 -12 -027
Page 2 of 2
SECTION 2. That the assessment engineering firm of Francisco &
Associates, Inc. is hereby ordered to prepare and file with the City Clerk the
Report relating to said annual assessment and levy in accordance with the
Landscaping and Lighting Act of 1972.
SECTION 3. That the proposed maintenance work within the area
proposed to be assessed shall be for certain public landscaping and lighting
improvements, as said maintenance work is set forth in the Report to be
presented to this City Council for consideration.
SECTION 4. That the City Clerk shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Lake Elsinore, California, this 12th day of June, 2012.
BRIAN TISDALE
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
Page 12 of 18
RESOLUTION NO. 2012 -028
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING THE ENGINEER'S REPORT FOR THE
ANNUAL LEVY OF ASSESSMENTS FOR FISCAL
YEAR 2012 -13 IN A DISTRICT WITHIN SAID CITY
WHEREAS, the City Council of the City of Lake Elsinore, California,
pursuant to the provisions of Division 15, Part 2 of the Streets and Highways
Code of the State of California, did, by previous Resolution, order the preparation
of an Engineer's Report for the annual levy of assessments, consisting of plans
and specifications, an estimate of the cost, a diagram of the district, and an
assessment relating to what is now known and designated as
CITY OF LAKE ELSINORE
LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as the 'District"); and
WHEREAS, there has now been presented to this City Council the
Report as required by said Division 15 of the Streets and Highways Code and as
previously directed by Resolution; and
WHEREAS, this City Council has now carefully examined and
reviewed the Report as presented, and is satisfied with each and all of the items
and documents set forth therein, and is satisfied that the assessments on a
preliminary basis, have been spread in accordance with the benefits received
from the maintenance to be performed as set forth in said Report.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Report as presented, consisting of the
following:
A. Plans and specifications;
B. Estimate of cost;
C. Diagram of the District;
D. Assessment of the estimated cost;
Page 13 of 18
City Council Resolution No. 2012 -028
Page 2 of 3
is hereby approved on a preliminary basis, and is ordered to be filed in the Office
of the City Clerk as a permanent record and to remain open to public inspection.
SECTION 3. That the City Clerk shall certify to the passage and
adoption of this Resolution, and the minutes of this meeting shall so reflect the
presentation of the Engineer's Report.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Lake Elsinore, California, this 12th day of June, 2012.
BRIAN TISDALE
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
2 Page 14 of 18
RESOLUTION NO. 2012 -029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS
INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS FOR CERTAIN
MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT
TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, AND SETTING A TIME AND PLACE FOR
THE PUBLIC MEETING AND PUBLIC HEARING
THEREON.
WHEREAS, the City Council of the City of Lake Elsinore, California, has
previously formed a landscaping and street lighting district pursuant to the terms and
provisions of the "Landscaping and Lighting Act of 1972 ", being Division 15, Part 2 of
the Streets and Highways Code of the State of California, in that is known and
designated as
CITY OF LAKE ELSINORE
LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as the "District "); and
WHEREAS, at this time, this City Council is desirous to take proceedings
to provide for the annual levy of assessments for the next ensuing fiscal year, to provide
for the costs and expenses necessary for continual maintenance of those improvements
exempt pursuant to California Constitution Article XIIID within said District; and
WHEREAS, at this time there has been presented and approved by this
City Council, the Engineer's Report as required by law, and this City Council is desirous
of moving forward with the proceedings for said annual levy.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
SECTION 1. That the above recitals are all true and correct.
PUBLIC INTEREST
SECTION 2. That the public interest and convenience requires, and it is
the intention of this City Council, to undertake proceedings for the annual levy and
collection of special assessments for the continual maintenance of certain
improvements, all to serve and benefit said District as said area is shown and
delineated on a map previously approved by this City Council and on file in the Office of
the City Clerk, open to public inspection, and therein so referenced and made a part
Page 15 of 18
City Council Resolution No. 2012 -029
Page 2 of 5
hereof, and proposed changes thereto are set forth in the Report of the Engineer,
incorporated herein as a part hereof.
REPORT
SECTION 3. That the Report of the Engineer regarding the annual levy
for said District, which Report is for maintenance for the fiscal year 2012 -13 is hereby
approved and is directed to be filed in the Office of the City Clerk.
ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is
the intention of this City Council, to order the annual assessment levy for the District as
set forth and described in said Engineer's Report and further it is determined to be in
the best public interest and convenience to levy and collect annual assessments to pay
the costs and expenses of said maintenance and improvements as estimated in said
Report.
DESCRIPTION OF MAINTENANCE
SECTION 5. The assessments levied and collected shall be for the
maintenance of certain street lighting and landscaping improvements, as set forth in the
Engineer's Report, referenced and so incorporated herein.
COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County Assessment
Roll the amount of the assessments, and shall collect said assessments at the time and
in the same manner as County taxes are collected. After collection by the County, the
net amount of the assessments, after the deduction of any compensation due to the
County for collection, shall be paid to the Treasurer for purposes of paying for the costs
and expenses of said District.
SPECIAL FUND
SECTION 7. That all monies collected shall be deposited in a special fund
known as "SPECIAL FUND, CITY OF LAKE ELSINORE LANDSCAPING & STREET
LIGHTING MAINTENANCE DISTRICT NO. 1 ". Payment shall be made out of said
fund only for the purposes provided for in this Resolution, and in order to expedite the
making of this maintenance and improvements, the City Council may transfer into said
funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid
out of the proceeds of the assessments provided for in this Resolution.
BOUNDARIES OF DISTRICT
SECTION 8. Said contemplated maintenance work has been determined
previously, in the opinion of this City Council, to be exempt from the provisions of
California Constitution Article XIIID, and further of direct benefit to the properties within
2
Page 16 of 18
City Council Resolution No. 2012 -029
Page 3 of 5
the boundaries of the District, and this City Council hereby declares to be the district
benefited by said improvements and maintenance, and to be further assessed to pay
the costs and expenses thereof. Said District shall include each and every parcel of
land within the boundaries of said District, as said District is shown on a map as
approved by this City Council and on file in the Office of the City Clerk and so
designated by the name of the District.
PUBLIC PROPERTY
SECTION 9. Pursuant to Article XIIID of the California State Constitution,
any lots or parcels of land known as public property, as the same are defined in Section
22663 of Division 15, Part 2 of the Streets and Highways Code of the State of
California, which are included within the boundaries of the District, shall be assessed
based on the special benefit each such parcel receives, as shown in the Engineer's
Report.
PUBLIC HEARING
SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 10
DAY OF JULY, 2012, AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE CITY COUNCIL
CHAMBERS LOCATED AT 183 NORTH MAIN STREET, LAKE ELSINORE, IS THE
TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF
PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF
ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER
MATTERS CONTAINED IN THIS RESOLUTION BY THOSE PROPERTY OWNERS
AFFECTED HEREBY. ANY PERSONS WHO WISH TO OBJECT TO THE
PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST
WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID
PUBLIC HEARING.
NOTICE
SECTION 11. That the City Clerk is hereby authorized and directed to
publish, pursuant to Government Code Section 6061, the Resolution of Intention as
notice of the Public Hearing in the Riverside Press - Enterprise, a newspaper of general
circulation within said City, said publication to be not less than ten (10) days before the
date set for said Public Hearing.
SECTION 12. That the City Clerk is further directed to cause a copy of
the Resolution of Intention and said notice to be posted upon the official bulletin board
customarily used for the posting of notices.
EFFECTIVE DATE
SECTION 13. That this Resolution shall take effect immediately upon its
adoption.
3
Page 17 of 18
City Council Resolution No. 2012 -029
Page 4 of 5
PROCEEDINGS INQUIRIES
SECTION 14. For any and all information relating to the proceedings,
protest procedure, any documentation and /or information of a procedural or technical
nature, your attention is directed to the below listed person at the local agency or
department so designated:
Director of Administrative Services
City of Lake Elsinore, City Hall
130 South Main Street
Lake Elsinore, CA 92530
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 12th day of June, 2012.
BRIAN TISDALE
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
4
Page 18 of 18