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HomeMy WebLinkAbout14-163 Citywide Landscaping & Street Lighting DiscrictCITY o1' LASE LSII OFU DREAM I_X,rmi w REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: JUNE 10, 2014 SUBJECT: CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT AND THE LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO.1 FOR THE FISCAL YEAR 2014 -15 APPROVAL OF ENGINEER'S REPORTS AND RESOLUTIONS OF INTENTION Recommendations 1. Adopt Resolution No. 2014- ordering the preparation of an Engineer's Report for the Citywide Landscaping and Street Lighting District (Citywide LLMD). 2. Adopt Resolution No. 2014 -_ approving the Engineer's Report for the Citywide LLMD. 2. Adopt Resolution No. 2014 -_ 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 8, 2014. 3. Adopt Resolution No. 2014 -_ ordering the preparation of an Engineer's Report for the Landscaping & Street Lighting Maintenance District No. 1 (LLMD No. 1). 4. Adopt Resolution No. 2014 -_ approving the Engineer's Report for the LLMD No.1. 6. Adopt Resolution No. 2014 -_ 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 8, 2014. AGENDA ITEM NO. Resolution — Citywide LLMD and LLMD No. 1 — Approval of Engineer's Reports June 10, 2014 Page 2 Background The City Council established a Citywide LLMD in 1988 for the purpose of operating and maintaining enhanced public street lighting, right of way landscaping, public street trees and parks throughout the City. The Citywide LLMD was established under the California Landscaping and Lighting Act of 1972. Several improvement areas were established within the Citywide LLMD based upon the level and type of improvements maintained. These improvements then provided a basis for creating several benefit zones throughout the Citywide LLMD to ensure parcels were assessed based upon special benefit to them. 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, park maintenance was removed from the Citywide LLMD and has been provided through the General Fund. The assessment rate for the Citywide LLMD was set in 1996 and cannot be increased without voter approval. In addition to the Citywide LLMD, the City Council established LLMD No. 1 in 2003 for the purpose of operating and maintaining enhanced public street lighting, right of way landscaping, public street trees, and parks that are of a specialized benefit area. These improvements are typically installed as a condition of approval for the subdivisions assessed and each benefit zone within LLMD No. 1 has been created to fund these specialized improvements. There are currently 24 benefit zones that have been created. Each benefit zone represents a new development area since 2003. In Fiscal Year 2014 -15, it is proposed that Benefit Zone 25 (Crane Street) be added. Benefit zone 25 has been created as a carryover from Street Lighting Zone 77 of the Riverside County Landscaping and Lighting Maintenance District No. 89 -1 -C. This area was part of the recent annexation mentioned above. The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer's Report be prepared to set assessment rates each fiscal year. In addition, any new assessment districts or any annexation of additional property into existing assessment districts also requires an Engineer's Report to be generated. The Fiscal Year 2014 -15 assessments in the Citywide LLMD and the LLMD No. 1 Preliminary Engineer's Report will be assessed on the Fiscal Year 2014 -15 tax roll and are calculated by considering all anticipated expenditures for maintenance, utilities and administration. Any excess dollars from previous fiscal years are carried over to current reports and the assessment amounts are adjusted accordingly. The assessment rates may or may not change from fiscal year to fiscal year, dependent upon maintenance to be performed, but cannot exceed the maximum amount set when the districts were originally formed, plus an annual cost of living adjustment (the Citywide LLMD has no cost of living adjustment). The amounts being assessed for the Fiscal Year 2014 -15 tax year are either at, or below the maximum assessment authorization. As a part of the process, the Landscaping and Lighting Act of 1972 requires that an Engineer's Report must be filed and a Public Hearing be held. Resolution — Citywide LLMD and LLMD No. 1 — Approval of Engineer's Reports June 10, 2014 Page 3 Discussion Attached hereto are two Resolutions ordering the preparation of the Engineer's Report for both districts for Fiscal Year 2014 -15, two Resolutions accepting the Engineer's Report for both districts for Fiscal Year 2014 -15, 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 8, 2014. Fiscal Impact It is anticipated the Citywide LLMD will generate approximately $1,388,233 from the assessments to cover the anticipated landscaping and street lighting maintenance activities associated with public improvements benefiting properties within the district. Estimated cost for this maintenance is approximately $1,637,600. Accordingly, the General Fund must cover the estimated gap of $249,377. The assessment rates for parcels have no inflation factor included; therefore the rates have not increased over Fiscal Year 2013 -14. It is anticipated LLMD No.1 will generate approximately $269,490 from the assessments. Anticipated landscaping and street lighting maintenance activities associated with public improvements benefiting properties within the district is expected to cost approximately $350,499. The estimated gap of $81,009 will be covered by $15,665 in General Fund monies and $65,344 from available operating reserves. LLMD No.1 is generally self - supporting with one exception. Zone 4 of LLMD No. 1 requires a general fund contribution of $15,561 to cover the general benefit portion of the park maintenance costs, as required by Article XIII D of the State Constitution (Proposition 218). The assessment rates for LLMD No. 1 include an inflationary increase of 2 %. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments • Resolutions (6) • Preliminary Engineer's Reports for Citywide LLMD and LLMD No. 1 RESOLUTION NO. 2014- 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 2014 -15 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 (herein after 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. City Council Resolution No. 2014 - Page 2 of 2 SECTION 2. That the assessment engineering firm of Albert A. Webb Associates 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 10th day of June, 2014. NATASHA JOHNSON, MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE t SS CITY OF LAKE ELSINORE 1 I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of June, 2014 by the following vote: AYES: I4[e] `71 ABSTAIN: Virginia J. Bloom, CMC City Clerk RESOLUTION NO. 2014- 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 2014 -15 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 (herein after referred to as the "District "); and WHEREAS, there has now been presented to this City Council the Engineer's Report (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; 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. City Council Resolution No. 2014 - Page 2 of 2 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 10th day of June, 2014. NATASHAJOHNSON,MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of June, 2014 by the following vote: AYES: NOES: ABSENT: Virginia J. Bloom, CMC City Clerk RESOLUTION NO. 2014- 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 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 (herein after referred to as the "District "); and WHEREAS, at this time, this City Council desires 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 (the "Report ") as required by law, and this City Council desires to move 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. 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 hereof, and proposed changes thereto are set forth in the Report of the Engineer, incorporated herein as a part hereof. City Council Resolution No. 2014 -_ Page 2 of 4 SECTION 3. That the Report of the Engineer regarding the annual levy for said District, which Report is for maintenance for the Fiscal Year 2014 -15 is hereby approved and is directed to be filed in the Office of the City Clerk. 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. 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. 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. 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. 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 MID, 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 City Council Resolution No. 2014 -_ Page 3 of 4 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. 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. SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 8TH DAY OF JULY, 2014, AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT THE CULTURAL CENTER, 183 N. 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. 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. SECTION 13. That this Resolution shall take effect immediately upon its adoption. City Council Resolution No. 2014 -_ Page 4 of 4 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 10th day of June, 2014. NATASHA JOHNSON,MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY City Council Resolution No. 2014 -_ Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 - was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of June, 2014 by the following vote: AYES: NOES: l� ABSTAIN: Virginia J. Bloom, CMC City Clerk RESOLUTION NO. 2014- 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 2014 -15 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 (herein after 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. SECTION 2. That the assessment engineering firm of Albert A. Webb Associates, is hereby ordered to prepare and file with the City Clerk the Report relating to said annual assessments and levy in accordance with the Landscaping and Lighting Act of 1972. City Council Resolution No. 2014 -_ Page 2 of 2 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 10th day of June, 2014. NATASHA JOHNSON, MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK Mai BARBARA LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA l COUNTY OF RIVERSIDE I SS CITY OF LAKE ELSINORE I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of June, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Virginia J. Bloom, CMC City Clerk RESOLUTION NO. 2014- 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 2014 -15 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 (herein after 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; 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. City Council Resolution No. 2014 -, Page 2 of 2 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 10th day of June, 2014. NATASHA JOHNSON, MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA l COUNTY OF RIVERSIDE r SS CITY OF LAKE ELSINORE J I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of June, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Virginia J. Bloom, CMC City Clerk RESOLUTION NO. 2014- 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 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 (herein after referred to as the "District "); and WHEREAS, at this time, this City Council desires 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 desires to move 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. 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 hereof, and proposed changes thereto are set forth in the Report of the Engineer, incorporated herein as a part hereof. City Council Resolution No. 2014 - Page 2 of 4 SECTION 3. That the Report of the Engineer regarding the annual levy for said District, which Report is for maintenance for the Fiscal Year 2014 -15 is hereby approved and is directed to be filed in the Office of the City Clerk. 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. 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. 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. 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 City Council Resolution No. 2014 -_ Page 3 of 4 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. 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. SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 8TH DAY OF JULY, 2014, AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT THE CULTURAL CENTER, 183 N. 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. SECTION 13. That this Resolution shall take effect immediately upon its adoption. City Council Resolution No. 2014 - Page 4 of 4 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 10th day of June, 2014. NATASHA JOHNSON, MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: 1 •: \' STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE 1 SS CITY OF LAKE ELSINORE I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of June, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Virginia J. Bloom, CMC City Clerk