Loading...
Resolution Number 04-05-18-02RESOLUTION NO. 04-05-18-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN EXISTING DISTRICTS, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION I OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT, AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING THEREON WHEREAS, the CITY COUNCIL of the CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, has previously formed one landscape maintenance 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, and five open space maintenance districts pursuant to the terms and provisions of the "Open Space Maintenance Act", being Chapter 2.5 of Division 1 of Title 5 of th6 Government Code of the State of California, in what is known and designated as Capistrano Royale Landscape Maintenance District Belford Terrace Open Space Maintenance District Los Corrales Open Space Maintenance District Mission Springs Open Space Maintenance District Mission Woods Open Space Maintenance District Seaview Estates Open Space Maintenance District (hereinafter referred to as the "Districts"); 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 within said Districts that are exempt pursuant to California Constitution Article XIIID; and, WHEREAS, at this time there has been presented and approved by this City Council, Engineer's "Reports" as required by law, and this City Council is desirous of proceeding 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 resolve, determine and order as follows: 05-18-2004 SECTION 1. The above recitals are all true and correct. SECTION 2. — PUBLIC INTEREST 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 Districts as said areas are shown and delineated on maps as provided in the Reports of the Engineer on file in the Office of the City Clerk, open to public inspection, and therein so referenced and made a part hereof. SECTION 3. — REPORTS The Reports of the Engineer regarding the annual levy for said Districts, which Reports are for maintenance for the fiscal year 2004-05, are hereby approved and are directed to be filed in the Office of the City Clerk. SECTION 4. — ASSESSMENT That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the Districts as set forth and described in said Engineer's Reports, 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 expense of said maintenance and improvement as estimated in said Reports. SECTION 5. — DESCRIPTION OF MAINTENANCE The assessments levied and collected shall be for the maintenance of certain landscaping improvements, as set forth in the Engineer's Reports, referenced and so incorporated herein. SECTION 6. — 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 7. — SPECIAL FUND All monies collected shall be deposited in a special fund known for each landscape maintenance district. Payment shall be made out of said fund only for the purpose provided for in this resolution, and in order to expedite the making of this maintenance and improvement, 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 05-18-2004 SECTION B. — BOUNDARIES OF DISTRICTS Said contemplated Districts have been determined previously, in the opinion of this City Council, to be exempt from the provisions of California Constitution Article XIIID, and the improvements have been determined to be of direct benefit to the properties within the boundaries of the Districts, and this City Council makes the costs and expenses of said maintenance chargeable upon those districts, which districts said City Council hereby declares to be the districts benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said Districts shall include each and every parcel of land within the boundaries of said Districts, as said Districts are shown on the maps provided in the Engineer's Reports on file in the Office of the City Clerk, and so designated by the name of the Districts. SECTION 9. — PUBLIC PROPERTY 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 improvement and maintenance work. SECTION 10. — PUBLIC HEARING Notice is hereby given that Tuesday, the I 5th day of June, 2004, at 7:00 p.m., in the City Council Chamber 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 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. — NOTICE The City Clerk is hereby authorized and directed to publish, pursuant to 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 Government Code Section 54954.6(2). 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 12. — EFFECTIVE DATE This resolution shall take effect immediately upon its adoption. 3 05-18-2004 SECTION 13. — 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: Kathleen Springer, Management Analyst City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 PASSED, APPROVED AND ADOPTED this ATTEST: /2' R. MONAHAN, CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE )ss. CITY OF SAN JUAN CAPISTRANO 1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 04-05-18-02 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 18' day of May 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL W -A f< 1� R. MONAHAN, City Clerk Allevato, Bathgate, Swerdlin, Hart and Mayor Soto None None 4 05-18-2004