RESOLUTION NO. R-2024-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, DECLARING ITS INTENTION
TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION
OF ASSESSMENTS FOR CERTAIN MAINTENANCE
WITHIN AN EXISTING DISTRICT, PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2, OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE AND
SETTING THE TIME AND PLACE FOR A PUBLIC
HEARING THEREON.
A. Recitals
(i). The City Council of the City of Placentia, in 1992, formed a landscape maintenance district pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972 ("Act"), Division 15, Part 2, of the California Streets and Highways Code, in what is known and designated as:
CITY OF PLACENTIA
LANDSCAPE MAINTENANCE DISTRICT NO. 92-1
(Hereinafter the "District.")
(ii). Proposition 218 adopted November 5, 1996 added Articles XIII C and XIII D to the California Constitution providing, at Article XIII D, § 5, that new assessment districts formed after November 6, 1996 and assessment increases in existing assessment districts be subject to specified procedures and approval processes set forth in Article XIII D, § 4; and
(iii). California Constitution Article XIII D, §§ 5 and 5 (b), provides that any assessment imposed in an assessment district formed prior to November 6, 1996 pursuant to a petition signed by those owning all of the parcels subject to the assessment at the time such district was formed and the assessment initially imposed, provided there is no increase in the amount assessed on an owner in a particular category of assessment unit, shall be exempt from the procedures and approval process set forth in Article XIII D, § 4; and
(iv). The District was formed prior to November 6, 1996 pursuant to a petition signed by those owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
(v). There is no increase in the amount proposed to be assessed on any parcel within the District in any category of assessment unit, for the period from Fiscal Year 2023-24 to Fiscal Year 2024-25, thereby rendering the District exempt from the procedures and approval process set forth in Article XIII D, § 4; and Resolution R-2024-30
(vi). The City Council desires, pursuant to the provisions of the Act to provide for the annual levy of assessments for the 2024-25 Fiscal Year, to provide for the costs and expenses reasonably necessary for the maintenance of improvements within said District; and
(vii). The assessment engineer has presented a report ("Report"), as required by law, setting forth the reasonably necessary maintenance for Fiscal Year 2024-25 and setting forth the recommended levy, therefore.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct.
2. The Report has been made, filed with the City Clerk, and duly considered by the City Council and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to the foregoing resolution.
3. The public interest and convenience require the annual levy and collection of special assessments for the continual maintenance of improvements, to serve and benefit said District as set forth in the Report of the Engineer, incorporated herein as a part hereof.
4. The Report, setting forth the reasonably necessary maintenance for Fiscal Year 2024-25 and setting forth the recommended levy, therefore, hereby is received and is directed to be filed in the Office of the City Clerk.
5. The public interest and convenience require, and it is the intention of this City Council to order, reasonably necessary maintenance for Fiscal Year 20224-25, and further it is determined to be in the public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvements as estimated in said "Report."
6. The assessments levied and collected shall be for the maintenance of certain landscape improvements, maintenance, and servicing as set forth in the Engineer's Report, referenced and so incorporated herein.
7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, JUNE 18, 2024, AT 7:00 P.M. OR AS SOON THEREAFTER AS THE MATTER MAY BE HEARD, IN THE COUNCIL CHAMBERS LOCATED AT 401 E. CHAPMAN AVENUE, PLACENTIA, THE
CITY COUNCIL SHALL CONDUCT A PUBLIC HEARING TO RECEIVE PROTESTS OR
OBJECTIONS, IF ANY THERE BE, REGARDING THE LEVEL OF MAINTENANCE AND Resolution R-2024-30
THE LEVY OF ASSESSMENTS WITHIN AND UPON ALL PROPERTY WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 92-1. ANY PERSON WHO WISHES 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.
8. The City Council hereby directs the City Clerk to give notice of a public hearing, pursuant to California Government Code § 6061, in a newspaper of general circulation within the City.
9. The City Clerk is further directed to cause a copy of this Resolution to be posted upon the official bulletin board customarily used for the posting of notices and to mail, by first class mail, a copy of the notice to those interested parties who have filed written requests.
10. 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:
Elsa Robinson
Public Works Department
City of Placentia
401 East Chapman Avenue
Placentia, California
APPROVED and ADOPTED this 21ST day of May 2024.
Jeremy B. Yamaguchi, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2024-30
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City Of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 21st day of May 2023 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2024-30