Resolution Number 23-04-18-011 4/18/2023
RESOLUTION NO. 23-04-18-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS TO LEVY AND
COLLECT ASSESSMENTS FOR FISCAL YEAR 2023-2024 WITHIN
EXISTING LANDSCAPE MAINTENANCE DISTRICTS PURSUANT TO
THE LANDSCAPING AND LIGHTING MAINTENANCE ACT OF 1972, AND
OPEN SPACE MAINTENANCE DISTRICTS UNDER THE OPEN SPACE
MAINTENANCE ACT, APPOINTING THE ENGINEER OF WORK, AND
ORDERING THE PREPARATION OF THE ENGINEER’S REPORT
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 hereby finds and determines that the public interest,
convenience and necessity require the continued levy of assessments within the
Districts 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, pursuant to and authorized by the Act.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby resolves, determines and orders as follows:
SECTION 1 – INITIATION OF PROCEEDINGS
This City Council hereby initiates proceedings to levy and collect annual special
benefit assessments within each of the following Districts, for the ordinary and
usual maintenance, operation and servicing of public improvements, all pursuant
to the Act: the Mission Woods Landscape Maintenance District, the Mission
Springs Landscape Maintenance District, the Seaview Estates Landscape
Maintenance District, the Los Corrales Landscape Maintenance District, the
Belford Terrace Landscape Maintenance District, and the Capistrano Royale
Landscape Maintenance District.
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SECTION 2 – IMPROVEMENTS
The improvements and maintenance which shall be provided for the property
included in each of the Districts, by and through assessments levied annually
thereon, include the following: 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. There are no new improvements proposed, nor are
there proposed any substantial changes to existing improvements from Fiscal
Year 2022-2023.
SECTION 3 – APPLICABLE LAW
The proceedings for the annual levy of the special benefit assessment to be
levied on property in each of the Districts are to be conducted under and in
accordance with provisions of the Act.
SECTION 4 – ENGINEER OF WORK
Jerome Parco, P.E. (R.C.E. No. 50385) ("Engineer"), is ordered to prepare and
file a report in accordance with Article 4 (commencing with Section 22565) of
Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code
with respect to the levy of an assessment in each of the Districts to pay the costs
of the maintenance and servicing of the improvements described in Section 2
hereof during Fiscal Year 2023-2024. Upon completion, the Engineer shall file
the report with the City Clerk of the City for submission to the City Council.
PASSED, APPROVED, AND ADOPTED this 18th day of April 2023.
_____________________________________
HOWARD HART, MAYOR
ATTEST:
__________________________
MARIA MORRIS, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
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. 23-04-18-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18th
day of April 2023, by the following vote:
AYES: COUNCIL MEMBERS: Bourne, Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
____________________________
MARIA MORRIS, CITY CLERK