Resolution Number 07-05-15-02RESOLUTION NO. 07-05-15-02
' 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 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 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.
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SECTION 2. — REPORTS
The Engineer's Reports regarding the annual levy for said Districts, which Reports are
for maintenance for the fiscal year 2007-08, 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.
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.
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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 3rd day of July, 2007, 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.
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 II
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
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PASSED, APPROVED AND ADOPTED this
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
15th day of May 2007. —
i
,-8AM ALLEVATO, MAYOR
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 07-05-15-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15"' day
of May 2007, by the following vote:
AYES: U IL MEMBERS: Nielsen, Uso, Hribar, Soto and Mayor Allevato
NOES: O IL MEMBER: None
ABSENT: C CIL MEMBER: None
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