HomeMy WebLinkAbout01 TLLD ASSESSMENTS 07-07-98DATE:
JULY 7, 1998
NO. 1
7-7:98
I n t e r- C o rn
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
'PUBLIC WORKS DEPARTMENT/ENGINEERINGDIVISION
PUBLIC HEARING AND CONSIDERATION OF THE LEVY OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR
FISCAL YEAR 1998-99
SUMMARY
The City Council will conduct the public hearing and providing there is no majority protest, adopt
Resolution No. 98-55 continuing the annual assessments for Fiscal Year 1998-99.
The City Council at their meeting of March 16, 1998, adopted Resolution No. 98-21 which ordered the
preparation of an Engineer's Report for the levy of annual assessments for the Tusfin Landscape and
Lighting District.
Subsequently, at their meeting of May 18, 1998, the City Council adopted the following Resolutions:
· Resolution No. 9845 approving the Engineer's R,eport for Fiscal Year 1998-99; and
· Resolution No. 9846 declaring the City Council s intention to levy assessments for FiScal
Year 1998-99 and set a public hearing for July 6, 1998, which subsequently has been
continued to July 7, 1998.
RECOMMENDATION
It is recommended that the City Council take the following action:
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Open the public hearing to receive testimony on the proposed levy of annual assessments
for the Tustin Landscape and Lighting District for Fiscal Year 1998-99. (Written protests
may be submitted to the City Clerk during the public hearing).
Close the public hearing. (Written protests will no longer be accepted).
Providing there is no majority protest, it is recommended that the City Council adopt
Resolution No. 98-55 confirming the annual assessments for Fiscal Year 1998-99.
FISCAL IMPACT
Proposition 218 requires publicly owned property which benefits from the improvements be assessed. The
City's assessment for Fiscal Year 1998-99 is $6,553. With the adoption of Resolution No. 98-55, the
Landscape Maintenance and Public Street Lighting expenses within the Tustin Ranch area will be recouped
through the levy of the annual assessments for the District.
Public Heating & Consideration of Levy of Annual Assessment for Tustin Landscape and Lighting
District for Fiscal year 1998-99
July 7, 1998
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 1997 to February 1998 was
1.2% and the proposed assessment rate for Fiscal Year 1998-99 represents an increase of 1.2% from last
year. The proposed assessment represents an average yearly increase of $0.60 per parcel and is largely
due to the increase in the minimum wage rates associated with the landscape maintenance labor.
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 assessable parcels on a
proportionate share, based on a special report prepared by consultant engineers. The precise method
used to establish each parcel's special'benefit may vary according to land usage and benefit zone, but
similar parcels with equal benefit from the District pay equal assessments.
There are approximately 4,639 assessable parcels within the District as compared to 4,361 assessable
parcels for F.Y. 1997-98. The District includes three separate benefit zones based upon the special
benefits received. Properties located in one zofie pay only for arterial and collector lighting. Properties
located in another zone pay for arterial and collector street lighting as well as parkway, slope and trail
landscaping. Properties are lOcated in a third.zone 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 zone pay an equal share. The proposed
assessment to be paid bY single family residential parcels in each of the following benefit zones are:
Arterial & Collector Street Lighting (ACLT) ..................................... $7.87 per year
ACLT & Parkway Slope & Trail Landscaping (PSTL) .................... $50.98 per year
ACLT & PSTL + Local Residential Lighting .................................. $70.27 per year
Public Hearing & Consideration of Levy of Annual Assessment for Tustin Landscape and Lighting
District for Fiscal year 1998-99
July 7, 1998
Page 3
The total costs to be assessed for lighting and landscape maintenance for Fiscal year '1998-99 are
$73,821.00 and $325,883.00 respectively for a total operating and maintenance assessment of
$399,704.00.
The Engineer's Report prepared by Berryman & Henigar, Inc. has been filed with the City Clerk and
contains the following proposed levy of assessments for Fiscal Year 1998-99 along with a comparable
listing to last year's assessment.
ASSESSMENT RATE SUMMARY BY LAND USE
.PROPOSES 1998-99 FISCAL YEAR ASSESSMENT
LAST
ACLT + YEAR'S
ACLT + PSLT + ASSMT.
ACLT PSLT LRLT FY 97/98
Single Family Res ($/DU) $50/98/DU $70.27/DU* $50.38/DU
Multi-Family Res ($/DU) $38.24/DU $37.79/DU
Non-Residential (S/ac) $305.88/ac $302.28/ac
Non-Res-TustinMarket Place (S/ac) $47.22/ac $47.26/ac
Golf Course (S/ac) $203.92/ac $201.52/ac
Vacant and Parks (S/ac) $101.96/ac $100.76/ac
* Last year's assessment F.Y. 1997/98 $69.96
CONCLUSION
Adoption of the attached Resolution No. 98-55 will confirm the levy of assessments for Fiscal Year 1998-
99 for the landscape and maintenance and public street lighting expenses within the Tustin Ranch area.
Tim D. Serlet
Director of Public Works/City Engineer
TDS:JO:klb/COUNCIL:98 99 Lnd Ltg Dist Assess Consideration
Je~ O~eson
Associate Civil Engineer
Attachments
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RESOLUTION NO. 98-55
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
1998-99
WHEREAS, the City Council of the City of Tustin, Califomia (hereinafter referred to as
the "City Council"), has adopted Resolution No. 98-21 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 18~ day of May
1998, with the passage and adoption of Resolution No. 98-45; and
WHEREAS, the City Council heretofore by Resolution of Intention No. 98-46, passed
and adopted on the 18~ day of May 1998, declared its intention to provide foi' 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. 98-46 fixed
Tuesday July 7, 1998 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 hearing; and
WHEREAS, the City Clerk has posted notice of the continuance of the public hearing to
Tuesday, July 7, 1998 at 7:00 p.m.; 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 heating; and
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WHEREAS, all verbal protests or objections made by property owners at the hearing
conducted on July 7, 1998, 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 will 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 £mds
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 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.
22 Section 3. The Annual Assessments for Fiscal year 1998-99, as set for the in the
3.3 Report, copies of which are on file in the office of the City Clerk are hereby confirmed.
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Section 4. Passage of this Resolution shall constitute a levy of an assessment for the
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
the Code, the City Clerk shall file a certified copy of this Resolution and the diagram and
assessment confirmed by the Resolution, .or a certified copy therefore, with the County
' of the County of Orange.
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8 City Clerk.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
l'ustin held on the 7~ day of July, 1998.
Thomas R. Saltarelli, Mayor
RESOLUTION CERTIFICATE
12 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
13 CITY OF TUSTIN )
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RESOLUTIONNO. 98-55
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 day of , __ by the
18 following vote:
19 COUNCILMEMBERAYES:
COUNCILMEMBERNOES:
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gENT:
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Pamela Stoker, City Clerk