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Home My WebLink About02 PUBLIC HEARING FOR TLLD~ RT Agenda Item 2 ~~~~~ AGENDA REPO I Reviewed: City Manager Finance Director MEETING DATE: JUNE 7, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2011- 2012 SUMMARY At the February 15, 2011 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report was completed and approved by the City Council at their May 3, 2011 meeting. The City Council also declared its intention to levy annual assessments and set a public hearing for June 7, 2011. The City Council will conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 11-42 confirming the annual assessments for Fiscal Year 2011-2012. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2011-2012; and 2. Adopt Resolution No. 11-42 confirming the annual assessments for Fiscal Year 2011-2012. FISCAL IMPACT The landscape maintenance and public street lighting expenses within the Tustin Ranch area are typically recovered through the levy of the annual assessments for the District. Proposition 218 requires publicly owned property which benefits from the improvements to be assessed. Accordingly, the City's proposed assessment for Fiscal Year 2011-2012 on City parkland within the District is $9,369.65 and will be paid through the City's property tax fund in the Fiscal Year 2011- 2012 operating budget. DISCUSSION /BACKGROUND The Tustin Landscape and Lighting District was formed in 1985 to install and maintain certain street lighting and landscaping in the area generally bounded by Browning Avenue, Irvine Boulevard, Jamboree Road (formerly Myford Road) and the I-5 Freeway within the City of Tustin. Assessments for the benefiting properties were first confirmed for Fiscal Year 1985-1986 and each fiscal year thereafter. As property developed in the Tustin Ranch area, such development was required to annex to the District. Tustin Landscape and Lighting District June 7, 2011 Page 2 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- 1998 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 percentage increase in the CPI for calendar year 2010 is 1.3%. The District's budget for Fiscal Year 2011-2012 has been increased per the maximum allowed by Proposition 218 to offset anticipated increases in operating expenses. Each year, the City estimates the cost to provide the street lighting and landscape maintenance services in the Tustin Ranch area. 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 2011-2012, which remains unchanged from the previous fiscal year. 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 Streets 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" (ACCT) ........................................ $11.39 per year Benefit Area "B" (ACCT +PSTL) ............................ $72.57 per year Benefit Area "C" (ACCT +PSTL + LRLT) ............. $100.79 per year The total costs to be assessed for lighting and landscape maintenance for Fiscal Year 2011-2012 are $108,350.00 and $470,530.00, respectively, for a total operating and maintenance assessment of $578,880.00. Tustin Landscape and Lighting District June 7, 2011 Page 3 The Engineer's Report prepared by Harris & Associates has been filed with the City Clerk and contains the following proposed levy of assessments for Fiscal Year 2011-2012 along with a comparable listing to last year's assessment. ASSESSMENT RATE SUMMARY BY LAND USE FY 2010-11 FY 2011-12 BENEFIT AREA A B C A B C ACLT + ACLT +PSTL ACLT + ACLT +PSTL LAND USE ACLT PSTL +LRLT ACLT PSTL +LRLT Single Family Res. ($/Dwelling Unit) $71.64/DU $99.50/DU $72.57/DU $100.79/DU Multi-family Res. ($/Dwelling Unit) $53.73/DU $54.43/DU Non-Residential ($/ac) $429.84/ac $435.42/ac Non-Res -Tustin Market Place ($/ac) $67.44/ac $68.34/ac Golf Course ($/ac) $286.56/ac $290.28/ac Vacant and Parks $/ac $143.28/ac $145.14/ac It is recommended that the City Council adopt Resolution No. 11-42 which will confirm the levy of assessments for Fiscal Year 2011-2012 for the landscape maintenance and public street lighting expenses within the Tustin Ranch area. ~. Stack, P.E. of Public Works/City Engineer Attachments: Resolution No. 11-42 Assessment Diagrams (3) S:\City Council Items\2011 Council Items\Public Hearing and Levy Assessments for TL8~LD 11-12.docx RESOLUTION NO. 11-42 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 2011-2012 WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the "City Council"), has adopted Resolution No. 11-10 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 3~d day of May 2011, with the passage and adoption of Resolution No. 11-35; and WHEREAS, the City Council heretofore by Resolution of Intention No. 11-36 passed and adopted on the 3`d day of May 2011, 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, by said Resolution of Intention No. 11-36, fixed Tuesday, June 7, 2011, 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 7, 2011, were formally received and reflected in the City Council minutes of said meeting; and 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 Resolution 11-42 June 7, 2011 Page 2 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 that it determines and orders 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 2011-2012 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7th day of June 2011. Jerry Amante Mayor ATTEST: Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 11-42 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 7th day of June, 2011 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk REDUCED SCALE .l ~~~ CRY OF TUS11N .~ '~"„' "'" LANDSCAPE AND LIGHTING DISTRICT PETERS , .Kr ~~ CANYON ASSESSMENT DIAGRAM REGIONAL ~';~ FOR THE PARK 20fl-12 FISCAL YEAR """ ~°-°"~' "'" "• " "`" ,rn ,a-mi-oi nn a „ Mr r ma~si mu a, a riwi a LANDSCAPE MAINTENANCE FACILffIES MAP ~- ,n-a.~-~~nd~~ s+s-m~<~ ~xrv v riav a.mfls "~' ~ ~ ~ ~ a ~ ~ ' ~ LEGEND m n. ,r~.. ai-a •w ~^ + ,~ ~, a,p~ ~ ~~i + ~ - lANDSGPE NAINTENANCf a m- f0l~° ~ '~ ~~~ %• ~ SLDPE NAIN~ENANCE r ..... n.. ~ +"~ sn-awm n.u r o wertuai nw u ~esr wx.abi n.u i~ yw n,n it ixo . ~.. 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