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Home My WebLink About03 LEVY OF ASSESS FOR TLLD FY 08/09 06-17-08AGENDA REPORT MEETING DATE: JUNE 17, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: PUBLIC HEARING AND CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2008-2009 SUMMARY The City Council will conduct a public hearing and provided there is no majority protest, adopt Resolution No. 08-44 confirming the annual assessments for Fiscal Year 2008-2009. The City Council, at their meeting of February 5, 2008, adopted Resolution No. 08-15, which ordered the preparation of an Engineer's Report for the levy of annual assessments for the Tustin Landscape and Lighting District. Subsequently, at their meeting of May 6, 2008, the City Council adopted the following resolutions: • Resolution No. 08-33 approved the Engineer's Report for Fiscal Year 2008-2009; and • Resolution No. 08-34 declared the City Council's intention to levy assessments for Fiscal Year 2008-2009 and set a public hearing for June 17, 2008. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Open the public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2008-2009 (Written protests may be submitted to the City Clerk during the public hearing). 2. Close the public hearing (Written protests will no longer be accepted). 3. Provided there is not a majority protest, it is recommended that the City Council adopt Resolution No. 08-44 confirming the annual assessments for Fiscal Year 2008-2009. Public Hearing and Consideration of the Levy of Annual Assessments for the Tustin Landscape and Lighting District for Fiscal Year 2008-2009 June 17, 2008 Page 2 FISCAL IMPACT The landscape maintenance and public street lighting expenses within the Tustin Ranch area will be recovered through the levy of the annual assessments for the District. Proposition 21.8 requires publicly owned property which benefits from the improvements to be assessed. Accordingly, the City's proposed assessment for Fiscal Year 2008-2009 on parkland within the District is $8,699.60 and will be paid through the City's Fiscal Year 2008-2009 property tax expense fund. BACKGROUND As a result of procedures required by the passage of Proposition 218 on the November 1996 Statewide ballot, which added Article XIID to the State Constitution, the City re-analyzed the District regarding the special benefits associated with the improvements for each property in the District, commencing with Fiscal Year 1997-1998. Notices and ballots to approve the assessment including future adjustments based on increases in the Consumer Price Index (CPI) were mailed in the spring of 1997 to all property owners in the District. Subsequently, at the conclusion of a public hearing on July 7, 1997, the majority of returned ballots, weighted by assessed amount, approved the annual assessments. Based on the results of the ballot proceedings, the base assessment rate for Fiscal Year 1997- 98 may be increased in subsequent years by no more than the increase in the CPI for all urban consumers for the Los Angeles, Anaheim, and Riverside area. The intent of applying the annual CPI adjustment to the base assessment rate is to maintain the value of the maintenance work in relation to the increased cost of the maintenance work. Therefore, the rates applied in Fiscal Year 1997-1998 are equal to maximum rates today when the increase in the CPI is considered. The percent increase in the CPI in calendar year 2007 was 4.2%. The District's budget for Fiscal Year 2008-2009 has been increased per the maximum allowed by Proposition 218 to offset anticipated increases in operating expenses. Each year the City determines how much it will cost to provide the street lighting and landscape maintenance services in Tustin Ranch. This total cost is divided among the parcels on a proportionate share, based on a report prepared by consultant engineers. The precise method used to establish each parcel's special benefit may vary according to land usage and benefit area, but similar parcels with equal benefit from the District pay equal assessments. There are 5,704 parcels within the District for Fiscal Year 2008-2009, which is slightly greater than the number of parcels for Fiscal Year 2007-2008 due to newly recorded maps and assigned parcels. Public Hearing and Consideration of the Levy of Annual Assessments for the Tustin Landscape and Lighting District for Fiscal Year 2008-2009 June 17, 2008 Page 3 The District includes three separate benefit areas based upon the special benefits received. • Benefit Area "A" - Properties located in Benefit Area "A" pay only for Arterial and Collector Street Lighting (ACCT). • Benefit Area "B" - Properties located in Benefit Area "B" pay for Arterial and Collector Street Lighting, plus Parkway, Slope, and Trail Landscaping (ACCT +PSTL). • Benefit Area "C" - Properties located in Benefit Area "C" pay for Arterial and Collector Street Lighting, plus Parkway, Slope, Trail Landscaping, .plus Local Residential Street Lighting (ACCT +PSTL +LRLT). Those parcels that pay for local residential street lighting are located within the residential tracts that have public streets. Typically, owners of single-family residential parcels in each area pay an equal share. The proposed assessments to be paid by single family residential parcels in each of the following benefit areas are: • Benefit Area «A„ (ACLT) ....................................................................... $10.82 per year • Benefit Area "B" (ACCT +PSTL) ......................................................... $70.30 per year • Benefit Area "C" (ACCT +PSTL +LRLT) ............................................ $97.18 per year The total costs to be assessed for lighting and landscape maintenance for Fiscal Year 2008-2009 are $102,921.00 and $457,426.00, respectively, for a total operating and maintenance assessment of $560,347.00. The Engineer's Report prepared by Harris & Associates has been filed with the City Clerk and contains the following proposed levy of assessments for Fiscal Year 2008-2009 along with a comparable listing to last year's assessment. ASSESSMENT RATE SUMMARY BY LAND USE FY 2007-08 FY 2008-09 BENEFIT AREA: A B C A B C ACCT + ACCT +PSTL ACCT + ACCT +PSTL LAND USE ACCT PSTL +LRLT ACCT PSTL +LRLT Single Family Res. ($/Dwelling Unit) $67.47 / DU $93.70 / DU $70.30 / DU $97.18 / DU Multi-family Res. ($/Dwelling Unit) $50.60 / DU $52.73 / DU Non-Residential ($/ac) $404.820 / ac $421.80 / ac Non-Res -Tustin Market Place / ($/ac) $58.74 / ac $64.92 ac Golf Course ($/ac) $269.88 / ac $281.20 / ac Vacant and Parks $/ac $134.94 / ac $140.60 / ac Public Hearing and Consideration of the Levy of Annual Assessments for the Tustin Landscape and Lighting District for Fiscal Year 2008-2009 June 17, 2008 Page 4 CONCLUSION Adoption of Resolution No. 08-44 will confirm the levy of assessments for Fiscal Year 2008- 2009 for the landscape, maintenance, and public street lighting expenses within the Tustin Ranch area. Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager S:\City Council Items\2008 Council Items\PH for TL&LD 08-09 & Reso 08-44.doc Attachments: Resolution No. 08-44 Location Exhibits RESOLUTION NO. 08-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2008-2009 WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the "City Council"), has adopted Resolution No. 08-15 initiating proceedings for the annual levy of assessments for the payment of the expenses of providing and servicing public landscaping and public street lighting in the Tustin Ranch area within the boundaries of the Tustin Landscape and Lighting District; and WHEREAS, the City Engineer has prepared and filed with the City Clerk his report (the "Report") containing the matters specified in Section 22565 of Part 2 of Division 15 of the Streets and Highways Code of California as amended, the "Code", and Proposition 218; and WHEREAS, the City Council has approved the report as filed on the 6th day of May 2008, with the passage and adoption of Resolution No. 08-33; and WHEREAS, the City Council heretofore by Resolution of Intention No. 08-34 passed and adopted on the 6th day of May 2008, declared its intention to provide for an annual levy of assessment for improvement, maintenance and servicing of public landscaping and street lighting facilities within the boundaries of the territory included within the Tustin Landscape and Lighting District; as more fully described in said Resolution of Intention; and WHEREAS, the City Council, in and by said Resolution of Intention No. 08-34 fixed Tuesday June 17, 2008, at 7:00 p.m. before the City Council at the City Council Chambers, 300 Centennial Way, Tustin, California, as the time and place for a hearing on levying the proposed assessments, and provided for the notice of said hearing; and WHEREAS, THE City Clerk has filed with the City Council an affidavit setting forth the time and manner of compliance with the requirements for posting and publishing set forth in Sections 22552, 22553 and 22554, of the Code and in accordance with Proposition 218, and the City Council hereby finds the Resolution has been posted in the time, form and manner required by law; and WHEREAS, the hearing was duly opened and held by the City Council at the time and place for the hearing; and WHEREAS, all verbal protests or objections made by property owners at the hearing conducted on June 17, 2008, were formally received and reflected in the City Council minutes of said meeting; and Resolution 08-44 June 17, 2008 Page 2 WHEREAS, the City Council received all written property owner protests submitted prior to the conclusion of the hearing; and WHEREAS, said City Council proceeded to hear and pass upon any protests, made at the hearing, and on motions duly made and seconded, granted in whole or in part or, overruled each and all of said protests and objections, as hereinafter set forth; and WHEREAS, said City Council hereby finds and determines that protests and objections were not made or signed by the owners of more than one-half of the area of the assessable land in said assessment district; and WHEREAS, the public interest and convenience require the maintenance, servicing and operation of those certain public landscaping and lighting facilities within the assessment district; and WHEREAS, all the assessed territory within said assessment district would be specially benefited by the maintenance of improvements described in the Resolution of Intention. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. The foregoing recitals are true and correct and the City Council so finds and determines. All said protests and objections are hereby overruled by the affirmative vote of the members of the City Council voting in favor of the adoption of this resolution. Section 2. The improvements consisting of the maintenance, servicing, and operation of public landscaping and street lighting in the assessment district, as set forth in the Report, a copy of which is on file in the office of the City Clerk, are ordered to be undertaken. Section 3. The Annual Assessments for Fiscal Year 2008-2009 as set forth in the Report, copies of which are on file in the office of the City Clerk are hereby confirmed. Section 4. Passage of this Resolution shall constitute a levy of an assessment for the fiscal year referred to in the assessment confirmed herein. Section 5. Pursuant to law, including Article 1 of Chapter 4 of Part 2 of Division 5 of the Code, the City Clerk shall file a certified copy of this Resolution and the diagram and the assessment confirmed by the resolution or a certified copy therefore, with the County Auditor of the County of Orange. Resolution No. 08-44 June 17, 2008 Page 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 17th day of June 2008. Jerry Amante, Mayor ATTEST: City Clerk RESOLUTION CERTIFICATE STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF TUSTIN) RESOLUTION No. 08-44 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at a regular meeting of the City Council held on the 17th day of June 2008 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk REDUCED SCALE ~:.-1>: 01 nw n ~r ` a~ g at. a og -01 nv n CffY OF TUSTIN ~` ~" LANDSCAPE AND LIGHTING DISTRICT PETERS ~~.~ CANYON "' °"''• ASSESSMENT DIAGRAM REGIONAL ~-;;~~;~~ FOR THE PARK 2008-09 FISCAL YEAR - - _....,~.~ LANDSCAPE MAINTENANCE FACILITIES MAP . ~ u „w, ~~ ~°~ '-°'-p1MRU° LEGEND - - _ LANDSCAPE MAINTENANCE ~'191-u ~.~^ ~ SLOPE MAINTENANCE ' _ s° ~,,.. .,,. r~ryi~ a.:%ia5r . ~-u5-u ,~.,..a ^ "4i' _ - xu-ez:-01 rxw .. m~'m a `"+1arA @A~sm - _ ~ ' 1au z1 racy x.. 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