Resolution Number 22-04-19-02RESOLUTION NO. 22-04-19-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
WITHIN EXISTING LANDSCAPE MAINTENANCE DISTRICTS AND OPEN
SPACE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2022-2023
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND
CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA, RESPECTIVELY, SETTING A TIME AND
PLACE FOR THE PUBLIC HEARING THEREON, AND MAKING CERTAIN
FINDINGS AND TAKING OTHER ACTIONS RELATING THERETO
WHEREAS, the City Council (the "City Council") of the City of San Juan Capistrano,
California (the "City") has previously formed two landscape maintenance districts 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 (together, with the
Open Space Maintenance Act, referred to herein as the "Act"), in what is known and
designated as: Capistrano Royale Landscape Maintenance District, and Belford Terrace
Landscape Maintenance District, and has also previously formed four open space
maintenance districts pursuant to the terms and provisions of the "Open Space
Maintenance Act," being Chapter 2.5 of Part 1 of Division 1 of Title 5 of the California
Government Code, in what is known and designated as: Mission Woods Landscape
Maintenance District, Mission Springs Landscape Maintenance District, Seaview Estates
Landscape Maintenance District, and Los Corrales Landscape Maintenance District
(hereinafter referred to as the "Districts"); and
WHEREAS, the City Council previously initiated proceedings for the annual levy of
assessments for the Districts for Fiscal Year 2022-2023 pursuant to the Act for the purpose
of financing the maintenance of landscaping improvements within each respective District,
including landscaping, water, electricity, planting, shrubbery, trees, turf, irrigation systems,
hardscapes, fixtures and appurtenant facilities in public rights-of-way, parkways, slopes,
and dedicated easements within the boundaries of the Districts, and ordered the City's
Public Works Department to prepare and file a report (the "Engineer's Report") with the City
Clerk in accordance with Article 4 (commencing with section 22565) of the Act; and
WHEREAS, at this time there has been presented and approved by this City
Council, the preliminary Engineer's Report as required by law, and this City Council desires
to continue with the proceedings for said annual levy.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby resolves, determines and orders as follows:
4/19/2022
SECTION 1 — INTENTION
The City Council hereby declares its intent to levy and collect the annual
assessmentfor -Fiscal Y-e-ar--2022 2023 -within each -of -the Districts -for=the-continual-
maintenance of landscaping, as authorized under the Act. The areas to be
assessed are located in the City of San Juan Capistrano, Orange County, as more
specifically shown and delineated on the maps provided in the Engineer's Report.
The Engineer's Report is attached by reference and available for inspection in the
Office of the City Clerk, and by this reference made a part hereof.
SECTION 2 — REPORT
The preliminary Engineer's Report regarding the annual levy for the Districts for
Fiscal Year 2022-2023, is hereby approved and is directed to be filed in the Office of
the City Clerk. The Engineer's Report may be referred to for a full and detailed
description of the improvements, the boundaries of the Districts, and the proposed
assessments, none of which are proposed to be increased from the previous fiscal
year.
SECTION 3 — DESCRIPTION OF MAINTENANCE
The assessment levied and collected shall be for the special benefit conferred on
assessed properties, for maintenance of certain landscaping improvements,
including landscaping, water, electricity, planting, shrubbery, trees, turf, irrigation
systems, hardscapes, fixtures and appurtenant facilities in public rights-of-way,
parkways, slopes, and dedicated easements within the boundaries of the Districts,
as set forth more fully in the Engineer's Report, referenced. The City Council is not
proposing any new improvements or substantial changes to existing improvements
in any of the District.
SECTION 4 — COUNTY AUDITOR
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 5 — SPECIAL FUND
All monies collected shall be deposited in a special fund established for each
District. Payment shall be made out of each District's respective special fund only
for the purposes provided for in this Resolution. In order to expedite financing any
authorized maintenance for any of the Districts, the City Council may transfer into
the respective special fund other monies, as it may deem necessary. Any funds so
transferred shall be repaid by the respective District from proceeds of the
assessments provided for in this Resolution.
SECTION 6 — PUBLIC HEARING
Notice is hereby given that Tuesday, the 7t" of June 2022, at 5:00 p.m., in the City
Council Chambers located at 32400 Paseo Adelanto, San Juan Capistrano, 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
2 4/19/2022
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 7 — NOTICE
The City Clerk is hereby authorized and directed to publish, pursuant to Section
22626(a) of the Act, and Government Code Section 6061, a notice of the Public
Hearing in the Capistrano Valley News, a newspaper of general circulation within
said City, said initial publication to be not less than ten (10) days before the date set
for said Public Hearing. Said notice shall include that information required pursuant
to applicable law.
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 8 — EFFECTIVE DATE
This Resolution shall take effect immediately upon its adoption.
SECTION 9 — PROCEEDINGS INQUIRIES
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:
Jill Thomas, Senior Management Analyst
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
jthomas@sanjuancapistrano.org
PASSED, APPROVED, AND ADOPTED this 19th day of April 2022.
-D--Ja� llxl�-Se�
DEREK REEVE, MAYOR
4/19/2022
STATE OF CALIFORNIA )
r.nt INTY nF nRAN(-,E
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 22-04-19-02 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19th
day of April 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
MARIA MORRIS, CITY CLERK
Taylor, Farias, Hart, and Mayor Reeve
None
Bourne
4/19/2022
EXHIBIT A, Page 1