Resolution Number 10-05-18-01RESOLU ION NO. 10-05-18--01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ORDERING THE PREPARATION OF
PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT
AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 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 six landscape maintenance districts 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, in what is known and
designated as follows: Mission Woods Landscape Maintenance District, Mission Springs
Landscape Maintenance District, Seaview Estates Landscape Maintenance District, Los
Corrales Landscape Maintenance District, Belford Terrace Landscape Maintenance
District, and Capistrano Royale Landscape 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, the Preliminary Engineer's Report 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 Report on file in the Office of the City Cleric, open to
public inspection, and therein so referenced and made a part hereof.
5-18-2010
SECTION 2 — REPORT
The Preliminary Engineer's Report regarding the annual levy for said Districts; which
Report is for maintenance for the fiscal year 201012011, is 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 Report, 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 assessment levied and collected shall be for the maintenance of certain
landscaping improvements, as set forth in the Engineer's Report, 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 Report on file in the Office of the City Clerk, and so designated by
the name of the Districts.
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SECTION 5 — 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 15th day of June, 2010, at 6:30 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. Aid 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:
Jill Thomas, Senior Management Analyst
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
5-18-2010
PASSED, APPROVED, AND ADOPTED (his 18th da�•o(.May, 2010.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF SAN JUAN CAPISTRANO )
]RES USO, MAYOR
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 10-05-18-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18�h day
of May 2010, by the following vote:.
AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso
NOBS: C UNCIL MEMBER: None
ABSEN ;�: UNCIL MEMBER: None
MARIA VIC RR�S- City Cle
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