Resolution Number 02-06-18-10RESOLUTION NO. 02-06-18- to
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 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
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 5 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 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");
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;
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; and
06-18-02
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 2002-03, 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 forthe maintenance of
certain landscaping improvements, as set forth in the Engineer's "Reports," 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.
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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 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 properly, 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 6th day of August, 2002, 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 ties 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.
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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.
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 ortechnical nature, your
attention is directed to the below listed person at the local agency or department so
designated:
Amy Amirani, Public Works Director
City of San Juan Capistrano, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
PASSED, APPROVED, AND ADOPTED this 18th day of June 2002.
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ATTEST:
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R. MONAHAN, CITY CLERK
06-18-02
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 02-06-18-10 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 18th day of
June 2002, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin, Gelff and Mayor
Bathgate
NOES: COUNCIL MEMBERS: None