HomeMy WebLinkAboutRES-11611 LANDSCAPE ASSESSMENT DISTRICT S 86-2 AND 15-1RESOLUTION NO. 11611
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REGARDING LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICTS 86-2
SANTIAGO HILLS) & 15-1 (SANTIAGO HILLS
OVERLAY) DECLARING ITS INTENTION TO
PROVIDE FOR AN ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2025-2026; SET A TIME AND PLACE FOR A
PUBLIC HEARING TO RECEIVE PUBLIC
TESTIMONY ON THE FOREGOING MATTERS;
AND GIVE PRELIMINARY APPROVAL OF THE
CERTIFIED ENGINEER'S REPORTS FOR
LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICTS 86-2 (SANTIAGO HILLS) & 15-1
SANTIAGO HILLS OVERLAY)
WHEREAS,the City Council of the City of Orange previously formed City of Orange
Landscape Maintenance Districts No. 86-2 & 15-1 (hereinafter "Maintenance Districts") and
desires to initiate proceedings for the levy of annual increased assessments in connection with
the Maintenance Districts, pursuant to the provisions of the Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with
Section 22500 (hereinafter the"Act"), Government Code Section 53753 and the provisions of
the article 13D of the California Constitution(hereinafter"Article 13D")and such constitutional
provisions and statutes are referred to collectively as the"Applicable Law;" and
WHEREAS,there has now been presented to the City Council the Certified Engineer's
Reports (hereinafter"Reports") as required by the Applicable Law that describes the proposed
annual levy of assessments for each parcel for fiscal year 2025-2026 and the proposed changes
to the Maintenance Districts or improvements; and
WHEREAS,the City Council has carefully examined and reviewed the Reports and is
satisfied with each and all of the items and documents set forth therein and has made a
preliminary determination that the assessments on each parcel have been proportioned in
accordance with the benefits received by each parcel and that such assessments do not exceed
the estimated reasonable cost of providing the service; and
WHEREAS, at this time the City Council determines to commence proceedings to
provide for the annual levy of assessments for fiscal year 2025-2026 to pay for the costs and
expenses necessary for the maintenance of the improvements in the Maintenance Districts.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orange
as follows:
SECTION I:
That the above recitals are all true and correct.
SECTION II:
That the City Council finds that the levy and collection of annual assessments for the
Maintenance Districts is exempt from the requirements of the California Environmental Quality
Act("CEQA")pursuant to CEQA Guidelines Section 15301 (Class 1 —Existing Facilities) and
Section 15378(b)(4), as the assessments fund the operation, maintenance, and minor alteration
of existing landscaping improvements and are not a"project" under CEQA. The activity does
not involve any expansion of use beyond that previously existing, and therefore does not have
a significant effect on the environment.
SECTION III:
That the public interest and convenience require the undertaking of proceedings for the
annual levy and collection of assessments to pay the costs and expenses for the maintenance of
the improvements within the Maintenance Districts,which in general include:the maintenance,
repair, removal or replacement of any of the landscaping improvements, including walkways,
signage, irrigation, trimming, spraying, fertilizing, etc., and as such maintenance is more
particular described in the Reports on file with the City Clerk (hereinafter "maintenance of
improvements").
SECTION IV:
That the maintenance of improvements is of direct benefit to the properties within the
boundaries of the Maintenance Districts, which the City Council previously declared to be the
area benefited and which area is more particularly described in the boundary map open for
public inspection and on file with the City Clerk bearing the designation of the Maintenance
Districts.
SECTION V:
That the Reports are preliminarily approved and ordered to be on file with the City Clerk
and open for public inspection. The Reports contain a full and detailed description of the
existing works of improvement, the boundaries of the Maintenance Districts and any zones
therein, and the proposed assessments upon parcels within the Maintenance Districts.
The City Council finds and determines that the assessments proposed in the Reports are
in proportion to the special benefits conferred on each parcel and that the total amount of all
assessments does not exceed the estimated cost of the maintenance and operation of the
improvements.
SECTION VI.
The City shall give notice of the time and place of the public hearing to all property
owners of record within the Maintenance Districts subject to a levy of assessment.
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SECTION VII:
Notice is hereby given that Tuesday, June 10, 2025, at 6:00 p.m. at City Hall, 300 E.
Chapman Avenue, Orange, CA 92866, is the time and place fixed by the City Council for
hearing protests or objections in reference to the proposed annual levy of assessments for the
Maintenance Districts in accordance with Government Code Section 53753 and Article 13D
and to any other matters contained in this Resolution. Any persons who wish to object to the
proceedings or the annual levy should file a written protest with the City Clerk prior to the time
set for the public hearings.
SECTION VIII:
For any and all information relating to these proceedings,including information relating
to protest procedure, your attention is directed to the person designated below:
Tawnie Schraan, Associate Civil Engineer
City of Orange Public Works Department
P.O. Box 449 - 300 East Chapman Avenue
Orange, California 92866-0449
714) 744-5528
ADOPTED this 13th day of May 2025
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Wayne W. Winthers
Interim City Attorney, City of Orange
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I,PAMELA COLEMAN,City Clerk of the City of Orange,California,do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 13th day of May 2025 by the following vote:
AYES: COUNCILMEMBERS: Bilodeau, Barrios, Tavoularis, Gutierrez, Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Dumitru, Gyllenhammer
Pamela Coleman, City Clerk, City of Orange
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