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HomeMy WebLinkAbout01 RES NO. 13-46 - LANDSCAPE AND LIGHTING DISTRICT FY 2013-14Agenda Item 1 AGENDA REPORT Reviewed: City Manager Finance Director TA MEETING DATE: JUNE 4, 2013 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: ADOPT RESOLUTION NO 13 -46 SETTING A PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2013 — 2014 SUMMARY The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council. at their May 7, 2013 meeting. The City Council also declared its intention to levy annual assessments and set a public hearing for June 4, 2013. However, the manner in which posting and publishing the hearing, as required by Part 2 of Division 15 of the Streets and Highways Code, was delayed and staff is recommending that a new hearing be set by resolution for June 18, 2013. RECOMMENDATION It is recommended that the City Council: Adopt Resolution No. 13 -46 declaring its intention to levy annual assessments for Fiscal Year 2013 -2014 and setting a public hearing for June 18, 2013. Stack, P.E. Public Works /City Engineer RESOLUTION NO. 13 -46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2013 -2014 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF WHEREAS, the City Council by Resolution No. 13 -05 initiated proceedings for the annual levy of assessments for the Tustin Landscape and Lighting District pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Part 2, Division 15 of the California Streets and Highways Code) as amended and Proposition 218; and WHEREAS, by said Resolution No. 13 -05, the City Council ordered the City Engineer to prepare a report pursuant to Section 22565 of said Code and Proposition 218; and WHEREAS, the City Engineer did prepare and file such a report and it was approved by the City Council on the 7th day of May 2013, with the passage and adoption of Resolution No. 13 -36. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that it determines and orders as follows: Section 1: That the public interest and convenience require and it is the intention of the City Council of the City of Tustin to order the annual levy of assessments for Fiscal Year 2013 -2014 and to levy and collect said assessments pursuant to the provision of said Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of said Streets and Highways Code) as amended and Proposition 218. Section 2: That the improvements to be undertaken consist of the installation, maintenance, servicing and operations of those certain public landscaping and lighting facilities located within the Tustin Landscape and Lighting District. The Assessment District designated as Tustin Landscape and Lighting District generally encompasses the portion of the City known as East Tustin, being north of the 1 -5 Freeway and east of Browning Avenue except the areas of all public streets, avenues, lanes, alleys, and rights -of -way provided, however, notwithstanding property owned by the railroad and public utility companies not used for public purposes shall be included in the district and not be excluded pursuant to the aforesaid exceptions. Section 3: That reference is hereby made to the Engineer's Report on file with the City Clerk and open to inspection for a fully detailed description of the improvements, the boundaries of the Assessment District and any areas therein, and the proposed assessments upon assessable lots and parcels of land within the District. Section 4: That said proposed maintenance, servicing and operation of landscaping and lighting, in the opinion of the City Council of the City of Tustin will be to the benefit of the property lying within the described boundaries of the Assessment District as said Assessment District is described and defined in said Engineer's Report. Resolution 13 -46 June 4, 2013 Page 2 Section 5: Notice is hereby given that Tuesday, June 18, 2013, at the hour of 7:00 p.m. in the Tustin City Council Chambers, 300 Centennial Way, Tustin, California 92780 is hereby fixed as the time and place where all interested persons may appear before the City Council and be heard concerning the annual levy of assessments of the District, and extent of the District, the services to be performed, and the proposed assessment and all other matters relating thereto. Protests must be in writing and must be filed with the City Clerk prior to the conclusion of the hearing. Any such protest shall state all grounds of the objection and, if filed by the property owner, shall contain a description sufficient to identify the property. Section 6: The City Clerk shall cause notice of the hearing to be given by causing the Resolution of Intention to be posted and published in the manner required by Part 2 of Division 15 of the Streets and Highways Code. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 4th day of June 2013. Elwyn A. Murray, Mayor ATTEST: Jeffrey C. Parker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN I, Jeffrey C. Parker, 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. 13-46 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 4th day of June, 2013 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: _ COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER, City Clerk