Resolution Number 05-05-17-03RESOLUTION NO. 05-05-17-03
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 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 the 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, and Seaview
Estates Open Space Maintenance District (hereinafter referred to as the "Districts");
and,
WHEREAS, at this time, this City Council desires 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 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 resolve, determine and order as follows:
SECTION 1. — 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
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the Engineer's Reports on file in the Office of the City Clerk, open to public inspection,
and therein so referenced and made a part hereof.
SECTION 2. — REPORTS
The Engineer's Reports regarding the annual levy for said Districts, which
Reports are for maintenance for the fiscal year 2005-06, are hereby approved and are
directed to be filed in the Office of the City Clerk.
SECTION 3. — 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 expenses of said maintenance and improvement as estimated in said
Reports.
SECTION 4. — 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 5. — 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 6. — 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.
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SECTION 7. — 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 8. — 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 Districts, 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 9. — PUBLIC HEARING
Notice is hereby given that Tuesday, the 21st day of June, 2005, 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 10. — 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 11. — EFFECTIVE DATE
This resolution shall take effect immediately upon its adoption.
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SECTION 12. — 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
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
PASSED, APPROVED AND ADOPTED this 17th day of May 2005.
ATTF£2T-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
A W-
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 05-05-17-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17th day of
May 2005, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, & Mayor Hart
NOES: COU CIL MEMBERS: None
A7`t NB�YII O N=one
R. MONAHAN, City Clerk
05-17-2005