Resolution Number 79-2-21-2RESOLUTION NO. 79-2-21-2
CHANGES AND MODIFICATIONS - ASSESSMENT DISTRICT NO. 78-3
A RESOLUTIO14 OF THE CITY COUNCIL OF THE CITY OF SAD] JUAN
CAPISTRANO, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS.
WHEREAS, this City Council has adopted a Resolution Covering Pre-
liminary Determination relating to certain public works of improve-
ment in a special assessment district, with said proceedings to be
conducted pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and High-
ways Code of the State of California, in a district known and desig-
nated as
ASSESSMENT DISTRICT NO. 78-3
[ORTEGA HIGHWAY PROPERTIES)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time, said City Council has held and conducted a
public hearing on the proposed works of improvement and is desirous
at this time to order certain changes and modifications to be made
in the works of improvement as proposed to be constructed under said
proceedings; and,
WHEREAS, it appears to this Council that said changes and modifi-
cations are in the best public benefit and should be so ordered to
be made at this time.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO
CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public interest, convenience and necessity
require, and this City Council hereby orders, certain
changes and modifications to be made in the works of
improvement as proposed to be constructed under these
proceedings, all as said amendments and modifications
are shown on an attached Exhibit "A" hereby referenced,
attached, and incorporated.
SECTION 3. That the City Engineer is hereby ordered to make the
above changes and modifications on the map as pre-
viously presented to this City Council and said
changes and modifications are for the best interests
of the property owners within the Assessment District.
APPROVED and ADOPTED this 21st day of February, 1979
Z�
MAYOR
ATTEST: CITY OF SAN JUAN CAPISTRANO
7 STATE OF CALIFORNIA
f
CITY CLEPR
CITY O SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
-1-
161
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY AKIN HANOVER, City Clerk of the CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DO HEREBY CERTIFY that the fore-
going Resolution, being Resolution No. 79-2-21-2 was duly
passed, approved and adopted by said City Council, approved
and signed by the Mayor, and attested by the City Clerk,
all at a regular meeting of said City Council held
on the 21st day of February, 1979 , and that the
same was passed and adopted by the ollowi.ng vote, to -wit:
AYES: COUNCIL MEMBERS: Hausdorfer, Schwartze,
Thorpe, Buchheim and Mayor Friess
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Executed this 21st day of February, 1979 at SAN
JUAN CAPISTRANO, California.
(SEAL) 222:�
CITY CLE
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
-2-
162
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 26th day of February 1979 ,
she caused to be posted:
RESOLUTION NO. 79-2-21-2
being: CHANGES AND MODIFICATIONS - ASSESSMENT DISTRICT NO. 78-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING
CHANGES AND MODIFICATIONS
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The San Juan Hot Springs Dance Hall;
The Orange County Public Library.
CHECK LIST ,_ <, z _ z, _ Z
ORD. NO----------- RES. NO. ._....
-------✓. Mayor has signed
............. Clerk has signed
.... City Seal stamped
... All blanks typed in
.Absent.. ------..:E ... ........... _................--
"Noes....._....._--E ................. ..........
.'----
.......✓... Typed in Official Record Book
.....-...... Posted to Classified Cards
------------- Copies sent ..._..
...li-r Legal Publication ordered to be published
.. (date) ................................... ................... _.....
No. Affidavits
No. Printed copies required ---------------------
Remarks
G
MARY ANN N VER, City Clerk
San JuarOCapistrano, California
-3-
162 a,
EXHIBIT"A"
CHANGES AND MODIFICATIONS TO THE PROCEEDINGS
AND WORKS OF IMPROVEMENT AS PROPOSED FOR
THE ASSEMBLY DISTRICT NO. 78-3
[SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION TO MAJORITY PROTEST
ACT OF 19313
I It is hereby ordered that "E" Street be eliminated
from the proceedings and all related work in conjunction
with said "E" Street be deleted thereto.
II The boundaries of the proposed Assessment District
are herein ordered to be modified by the elimination of
Parcel No. 18 inasmuch as said parcel no longer receives
any benefit from the Works of Improvment by reason of
the deletion of any improvements on "E" Street.
III The benefits to Assessment No. 4 are hereby
reduced by the elimination of access to the major street
system and by the elimination of "E" Street; however,
Parcel No. 4 remains in the proposed Assessment District
and shall receive benefits for sanitary sewer construction,
drainage construction and water facilities. It is hereby
estimated that their assessment is reduced from the
original figure of $67,974.13 to an estimated figure of
$7,935.57.
IV Assessment No. 6. The benefits of said parcel
are hereby reduced by the elimination of "E" Street;
162 d
however said parcel still receives benefits from the Works
of Improvements from major street and drainage improvements.
It is proposed that their estimated assessment be reduced
from $98,629.94 to $57,856.44.
V Assessment Parcels 16 and 17 were re-evaluated as
to their participation in the assessment for certain
right-of-way acquisition costs. Inasmuch as said parcels
previously dedicated to the ultimate width all necessary
rights-of-way for LA NOVIA AVENUE, at no cost to the District,
said parcels at this time shall receive a credit for
acquisition. The estimated assessments on said parcels
are reduced as follows:
Original Est.
Assessment As Modified
Assessment No. 16 $5,716.65 $4,114.38
Assessment No. 17 29,281.62 21,773.43
For particulars as to further changes and modifications
in the alignment of what is known as "C" and "F" Streets,
reference is made to the map attached hereto, referenced and
so incorporated and for particulars as to all changes and
modifications in the work and the boundaries of the proposed
Assessment District, said map shall control and govern.
Said changes are consistent with the intent of
Division 4 of the Streets and Highways Code of the State of
California, Special Assessment Investigation, Limitation to
Majority Protest Act of 1931 and the improvements as now
proposed are substantially the same as originally set forth
in the "Report" as previously presented.
-2-
162 �
ALTERNATIVE "A"
Is the elimination in total, of "E" Street which eliminates all benefits to
Assessment Parcel Numbers 6 and 18 and are thus removed from the proposed
assessment district.
Assessment Parcel Number 4 benefits have been reduced by the elimination of access
to the commuter, secondary and primary street system and right-of-way for same and
all miscellaneous items. Assessment Parcel Number 4 remains in the proposed assess-
ment district and shall receive benefits to sewer, storm drain and water facilities
with the proposed assessment reduced from $67,974,13 to $10,107.30.
ALTERNATIVE "B"
Is the elimination, in total, of "E" Street which eliminates all benefits to
Assessment Parcel Number 18 and is thus removed from the proposed Assessment
District.
Assessment Parcel Number 4 benefits have been reduced by the elimination of access
to the commuter, secondary and primary street system and right-of-way for same and
all miscellaneous items. Assessment Parcel Number 4 remains in the proposed assess-
ment district, and shall receive benefits to sewer, storm drain and water
facilities with the proposed assessment reduced from $67,974.13 to $7,693.28.
Assessment Parcel Number 6 benefits have been reduced by the elimination of access
to the commuter streets and right-of-way for same. Assessment Parcel Number 6
remains in the proposed assessment district with the proposed assessment reduced
from $98,629.94 to $56,397.78.
ALTERNATIVE "C"
Is the elimination, in total, of "E" Street which eliminates all benefits to
Assessment Parcel Number 18 and is thus removed from the proposed Assessment
District.
Assessment Parcel Number 4 benefits have been reduced by the elimination of access
to the commuter, secondary and primary street system and right-of-way for same
and all miscellaneous items. Assessment Parcel Number 4 remains in the proposed
assessment district, and shall receive benefits to sewer, storm drain and water
facilities with the proposed assessment reduced from $67,974.13 to $7,935.57.
Assessment Parcel Number 6 benefits have been reduced by the elimination of access
to the commuter streets and right-of-way for same. Assessment Parcel Number 6
remains in the proposed assessment district with the proposed assessment reduced
from $98,629.94 to $57,856.44.
Assessment Parcels No. 16 & 17 were re-evaluated as to their participation in the
acquisition of right -o€ -way. The required dedication, to the ultimate, of
La Novia Avenue was accomplished prior to the formation of 78-3 at no cost to
the District, therefore, Parcels 16 & 17 shall not share in the remaining ac-
quisition. Assessment Parcel No. 16 is reduced from $5,716.65 to $4,114.38 and
Parcel No. 17 is reduced from $29,281.62 to $21,773.43.
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