RESOLUTION NO. R-2024-43
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
PLACENTIA APPROVING ENGINEER'S REPORT,
CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING
LEVY OF CONTINUED ASSESSMENTS FOR FISCAL YEAR
2024-25 FOR PLACENTIA LANDSCAPE MAINTENANCE
DISTRICT NO. 92-1.
A. Recitals.
(i). On May 5, 1992, by its Resolution No. 92-R-123, this Council ordered the formation of and levied the first assessment within the Placentia Landscape Maintenance District No. 92-1 ("District") in accordance with the provisions of Article XIIID of the California Constitution, and the Landscaping and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof).
(ii). The purpose of the District is for the installation, maintenance, and servicing of landscape improvements, as described in the Engineer's Report. (iii). By its Resolution No. R-2024-29, A Resolution Directing Preparation of Annual Report for the Landscape Maintenance District No. 92-1 (the "Assessment District"), this Council designated the City Engineer as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972.
(iv). The report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that June 18, 2024 at the hour of 7:00 p.m. in the Placentia City Council Chambers, 401 East Chapman Avenue, Placentia, California, were appointed as the time and place for a hearing by this Council on the question of the levy of the proposed continued assessments, notice of which hearing was given as required by law.
(v). At the appointed time and place the hearing was duly and regularly held, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy of the continued assessments were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof.
Resolution R-2024-43
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 public interest, convenience and necessity require that the levy be made.
3. The Assessment District benefited by the improvements and assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto.
4. The Revised Engineer's Report as a whole and each part thereof, to wit:
(a) The Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith;
(b) The diagram showing the assessment district, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the Assessment District; and (c) The assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the Assessment District in proportion to the estimated special benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto; are finally approved and confirmed.
5. Final adoption and approval of the Revised Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the report as hereinabove determined and ordered, is intended to and shall refer and apply to the report, or any portion thereof as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council.
6. The assessment to pay the costs and expenses of the maintenance of the improvements for Fiscal Year 2024-25 is hereby levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to the Resolution Directing Preparation of Engineer's Report.
Resolution R-2024-43
7. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits.
8. The City of Placentia City Council hereby certifies that the assessments to be placed on the 2024-25 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution.
9. The assessments are levied without regard to property valuation.
10. Immediately upon the adoption of this resolution, but in no event later than August 10th following such adoption, the Engineer of Work shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Orange. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City of Placentia.
11. The moneys representing assessments collected by the County shall be deposited in the City Treasury to the credit of the improvement fund previously established under the distinctive designation of the Assessment District. Moneys in the improvement fund shall be expended only for maintenance, servicing, construction or installation of the improvements.
APPROVED and ADOPTED this 18th day of June 2024.
Jeremy B. Yamaguchi, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2024-43
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 18th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2024-43