Resolution Number 03-06-03-02RESOLUTION NO. 03-06-03-02
A RESOLUTION OF THE CITY COUNCIL 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 1 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
(CITY OF SAN JUAN CAPISTRANO; CAPISTRANO ROYALE
LANDSCAPE MAINTENANCE; AND OPEN SPACE MAINTENANCE
DISTRICTS OF BELFORD TERRACE, LOS CORRALES, MISSION
SPRINGS, MISSION WOODS & SEAVIEW)
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 I of Title 5 of the Government Code of
the State of California, in what is known and designated as
CITY OF SAN JUAN CAPISTRANO
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 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.
06-03-2003
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano, does hereby resolve, determine and order 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 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.
REPORTS
SECTION 3. That the "Reports" of the Engineer regarding the annual levy for
said Districts, which "Reports" are for maintenance for the fiscal year 2003-04, are
hereby approved and are 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 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
"Report."
DESCRIPTION OF MAINTENANCE
SECTION 5. The assessments levied and collected shall be for the
maintenance of certain landscaping improvements, as set forth in the Engineees
"Reports," referenced and so incorporated herein.
COUNTY AUDITO
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 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
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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 DISTRICTS
SECTION 8. Said contemplated Districts have been determined previously, in
the opinion of this City Council, to be exempt from the provisions of California
Constitution Article MID, 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.
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 improvement and maintenance work.
PUBLIC HEARING
SECTION 10. Notice is hereby given that Tuesday, the 5th day of August, 2003,
at the hour of 7:00 o'clock 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 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, 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).
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.
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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:
Joe Mankawich, Associate Engineer
City of San Juan Capistrano, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
PASSED, APPROVED AND ADOPTED this, 3rd u 0
ATTEST:
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. 03-06-03-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 3 rd day of
June 2003, by the following vote:
AYES: COUNCIL MEMBERS:
COUNCIL MEMBERS:
NOES:
ABSTAIN:
�(A�
Hart, Bathgate, Swerdlin, Soto and Mayor Gelff
None
None
R. MONAHAN, City Clerk
06-03-2003