HomeMy WebLinkAbout02 TLLD ASSESSMENT 06-21-99NO. 2
6-21-99
DATE' JUNE 21, 1999
inter-Com
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERINGDIVISION
PUBLIC HEARING AND CONSIDERATION OF THE LEVY OF ANNUAL
SUBdECT: ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR
FISCAL YEAR 1999-00
'SUMMARY
The City Council will conduct the Public Hearing andj providing there is no majority protest, adopt
Resolution No. 99-48 confirming the annual assessments for Fiscal Year 1999-00.
The City Council at their meeting of March 15, 1999, adopted Resolution No. 99-23 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 17, 1999, the City Council adopted the following Resolutions: · ResolutionNo. 99-31 approving the Engineer's Report for Fiscal Year 1999-00; and
· Resolution No. 99-35 declaring the City Council's intention to levy assessments for Fiscal
Year 1999-00 and set a public hearing for June 21, 1999.
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 1999-00. (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. Providing there is no majority protest, it is recommended that the City Council adopt Resolution
No. 99-48 confirming the annual assessments for Fiscal Year 1999-00.
FISCAL IMPACT
The landscape maintenance and public street lighting expenses within the Tustin Ranch area will be
recouped through the lexg, of the annual assessments for the district. Proposition 218 requires publicly
owned property which benefits from the improvements be assessed. The City's proposed assessment for
FY 1999-00 on parkland within the district is $6,696.65. .
Public Hearing & Consideration of Levy of .~nual Assessment for Tustin Landscape and Lighting
District for Fiscal Year 1999-00
June 21, 1999
Page 2
BACKGROUND AND DISCUSSION
As a result of the new procedures required by the passage of Proposition 218 on the November 1996
statewide ballot, the City decided to re-analyze the District regarding the special benefits associated with
the improvements for each property in the District, commencing with the 1997-98 Fiscal Year. 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.
As a result 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 percent increase in the CPI from February 1998 to February 1999 was
2.2% and the proposed assessment rate for Fiscal Year 1999-00 represents an increase of 2.2% from last
year. The proposed assessment represents an average yearly increase of $1.12 per single family
residence and is required due to the increase in the City's costs associated with its landscape
maintenance contract services.
Each year, the City determines how much it Mil cost to provide the street lighting and landscape
maintenance services in Tustin Ranch. This total cost is .divided among the assessable parcels on a
proportionate share, based on a special report prepared by consulta~, t 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 approximately 4,871 assessable parcels within the District as compared to 4,639 assessable
parcels for F.Y. 1998-99. The District includes three separate benefit areas based upon the special
benefits received. Properties located in one area pay only for arterial and collector lighting. Properties
located in another area pay for arterial and collector street lighting as well as parkway, slope and trail
landscaping. Properties are located in a third area if they have the previously-mentioned benefits along
with local residential street lighting. Those parcels that pay for local residential street lighting are
located within the tracts that have public streets.
Typically, owners of single family residential parcels in each area pay an equal share. The proposed
assessment to be paid by single family residential parcels in each of the following benefit areas are:
Arterial & Collector Street Lighting (ACLT) ..................................... $8.04 per year
ACLT & Parkway Slope & Trail Landscaping (PSTL) .................... $52.10 per year
ACLT & PSTL + Local Residential Lighting ........ i ......................... $71.82 per year
Public Hearing & Consideration of Levy of Annual Assessment for Tustin Landscape and Lighting
District for Fiscal Year 1999-00
June 21, 1999
Page 3
The total costs to be assessed for lighting and landscape maintenance for Fiscal Year' 1999-00 are
$75,125.00 and $331,384.00 respectively for a total operating and maintenance assessment of
$406,509.00.
The Engineer's Report prepared by Berryman & Henigar, Inc. has been filed with the City Clerk and
contains the following proposed levy of assessments for Fiscal Year 1999-00 along with a comparable
listing to last year's assessment.
ASSESSMENT RATE SUMMARY BY LAND USE
PROPOSED 1999-00 FISCAL YEAR ASSESSMENT
LAST
ACLT + YEAR'S
ACLT + PSLT + ASSMT.
ACLT PSLT LRLT FY 98/99
Single Family Res ($/DU) $52.10/DU $71.82/DU * $50.98/DU
Multi-Family Res ($/DU) $39.08/DU $38.24/DU
Non-Residential (S/ac) $312.60/ac $305.88/ac
Non-Res-TustinMarket Place (S/ac) $48.24/ac $47.22/ac
Golf Course (S/ac) $208.40/ac $203.92/ac
Vacant and Parks (S/ac) $104.20/ac $101.96/ac
* Last year's assessment F.Y. 1998-99 was $70.27
CONCLUSION
Adoption of the attached Resolution No. 99-48 will confirm the levy of assessments for Fiscal Year 1999-
00 for the landscape and maintenance and public street lighting expenses within the Tustin Ranch area.
Tim D. Serlet ~'--'" K~rr~tteson
Associate Civil Engineer
Director of Public Works/City Engineer
-F-DS:JO:COUNCIL:99-00 L&L Dist Assess Consideration
Attachments
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RESOLUTION NO. 99-48
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 1999-00
WHEREAS, the City Council of the City of Tustin, Califomia (hereinafter referred
to as the "City Council"), has adopted Resolution No. 99-23 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 17th day of
May 1999, with the passage and adoption of ResolutionNo. 99-31; and
WHEREAS, the City Council heretofore by Resolution of Intention No. 99-35,
passed and adopted on the 17th day of May 1999, 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. 99-35
fixed Monday June 21, 1999 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 assessment, and provided for the notice of said heating; 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
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WHEREAS, all verbal protests or objections made by property owners at the
hearing conducted on June 21, 1999, 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
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 affh'mative
vote of the members of the City Council voting in favor of the adopting of this
resolution.
Section2. 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 1999-00, 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 diagam
and the assessment confirmed by the Resolution, or a certified copy .therefore, With the
County Auditor of the County of Orange.
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Section5. Pursuantto law, including Article 1 ofChapter4 ofPart2 of Division5
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 21 s, day of June 1999.
ATTEST:
Tracy Wills Worley, Mayor
City Clerk
RESOLUTION CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
RESOLUTIONNO. 99-48
PAMELA STOKER, City Clerk and ex-officio Clerk of the City of 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 2 l"t day of June 1999 by the following vote:
COUNCILMEMBERAYES:
COUNCILMEMBERNOES:
COUNCILMEMBERABSTAINED:
COUNCILMEMBERABSENT:
Pamela Stoker, City Clerk