HomeMy WebLinkAbout02 ANNUAL ASSESS. 07-07-97NO. 2
7-7-97
DATE:
JULY 7, 1997
Inter-Com
TO:
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEE~G DMSION
PUBLIC HEARING, TABUI~TION OF ASSESSMENT BALLOTS, AND
CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN
LANDSCAPE AND LIGHTING D/STRICT, BEGINNING WITH TH'E 1997-98 FY
RECOMMENDATION
It is recommended that the City Council at theft' meeting of July 7, 1997 take the following action:
Open the public hearing to receive testimony on the proposed levy of annual assessments for the Tustin
Landscape and Lighting District, beginning with fiscal year 1997-98. (Written protests and assessments
ballots may be submitted to the City Clerk during the public hearing).
2. Close the public heating. (Written protests and assessment ballots will no longer be accepted).
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Direct the Clerk to tabulate the assessment ballots and report the results to the City Council. The City Clerk
shall also consider any property owner letters of protest that have been received, and not withdrawn, and
report to the City Council if a majority protest exists. If the assessment ballot tabulation is not complete after
all other items of business on the July 7, 1997 agenda have been transacted, the City Council should adjoum
the meeting to a time certain on July 8, 1997, to complete the tabulation, and depending upon the outcome,
adopt the resolution confirming the assessment.
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Providing there is no majority protest, and the majority of assessment ballots received approve the assessments,
it is recommended that the City Council adopt Resolution No. 97-62 confirming the annual assessments,
beginning with fiscal year 1997-98.
FISCAL IMPACT
If the assessments are ratified by the property owners through the Proposition 218 assessment ballot proceedings and
there is no majority protest, 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. If the property owners fail to ratify the
assessment through the ballot proceedings or a majority protest exists, the City will need to decide at a furore meeting
if an alternate method of financing the landscaping and street lighting expenses should be adopted.
BACKGROUND
With the passage of Proposition 218 by the voters in November 1996, assessments for street fighting and landscape
maintenance within the Tustin Ranch area must be ratified by the property owners in the district through an assessment
ballot proceeding. To comply with Proposition 218, a notice to all property owners in the district along with a ballot
and an information brochure was mailed to each record owner a minimum of 45 days in advance of the public hearing
scheduled for Monday July 7, 1997 at 7:00 p.m. Property owners who choose to participate in the assessment ballot
proceedings must complete and remm their ballots by the close of this public heating. Provisions of law regarding
written majority protests have not been repealed, so any written protests submitted prior to the conclusion of the
heating must be considered as well. This type of protest is implicitly limited by proposition 218 to the proposed scope
of maintenance and/or to the extent of the district. A majority protest exists if such written protests from property
owners owning more than 50% of the assessable land are received and not withdrawn.
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 usage
and zone, but similar parcels with equal benefit from the District pay equal assessments.
There are approximately 4,361 parcels within the District. The District includes three separate zones based upon the
special benefits received. Properties located in one zone 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 benefit of arterial and collector street lighting; parkway, slope and trail
landscaping; and local residential lighting. Those parcels that pay for local residential 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)
ACLT Parkway Slope & Trail Landscaping (PSTL)
ACLT & PSTL + Local Residential Lighting
$ 7.91 peryear
$50.38 per year
$69.96 per year
The total costs to be assessed for lighting and landscape maintenance for Fiscal Year 1997-98 are $73,833 and
$318,504 respectively for a total operating and maintenance assessment of $392,337.
The Engineer's Report prepared by.Berryman & Henigar, Inc. has been filed with the City Clerk and contains the
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following proposed levy of assessments beginning with Fiscal Year 1997-98 along with a comparable to last years
assessment.
ASSESSMENT RATE SUMMARY BY LAND USE
PROPOSED 1997-98 FISCAL YEAR ASSESSMENT
ACLT ACLT + ACLT + PSLT FY 96/97
PSLT. +LRLT ASSMT.
Single Family Res. ($/DIY) $50.38/DU $69.96/DU $50.38/DU
Multi-Family Res. (S/DU) $37.79 $37.79/DU
Non-Residential (S/ac) $302.28/a¢ $302.28/a¢
Non-Res-Tustin Market Place (S/ac) $47.46/a¢ $78.60/ae
Golf Course (S/ac) $201.52/a¢ $223.68/ae
Vacant and Parks (S/ac) $100.76/ac $223.68/a¢
CONCLUSION
If the assessments are ratified by the property Owners through the Proposition 218. assessment ballot proceedings and a
majority protest does not exist, the attached resolution will requke adoption by the City Council. Adoption of the
attached resolution will confirm the levy of assessments beginning with the 1997-98 Fiscal Year for the landsCape
maintenance and public street lighting expenses within the Tustin Ranch area.
In the event the property owners fail to ratify the assessment or a majority protest exists, the City Council will need to
decide at a future meeting if an alternate method of financing landscaping and street lighting expenses adjacent to
public streets should be adopted.
Tim D. Seflet ~/
Director of Public Works/City Engineer
Associate Civil Engineer
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RESOLUTION NO. 97-62
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 BEGINNING
WITH FISCAL YEAR 1997-98
WHEREAS, the City Council of the City of Tustin, California (hereinafter
referred to as the "City Council"), has adopted Resolution No. 97-23 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 and Proposition
218; and
WHEREAS, the City Council has approved the report as filed on the 19t~ day of
May 1997, with the passage and adoption of Resolution No. 97-41; and
WHEREAs, the City Council heretofore by Resolution of Intention No. 97-42,
passed and adopted on the 19t~ day of May 1997, 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
WItEREAS, the City .Council, in and by said Resolution of Intention No. 97-42
fixed Monday July 7, 1997 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 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
WltEREAS, 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 July 7, 1997, were formally received and reflected in the City Council.
minutes of said meeting; and
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WHEREAS, the City Council received all written property owner protests
submitted prior to the conclusion of the hearing; and
WHEREAS, the City Council received all assessment ballots submitted prior to -
the conclusion of the hearing; and
.WHEREAS, the City Council directed the City Clerk to tabulate the assessment
ballots and to report the results to the City Council, and separately directed the City Clerk
to report as to whether a majority protest exists; and
WHEREAS, the City Clerk reported that the majority of assessment ballots
support the assessment and that no majority prot. est exists; 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
finds and determines the assessments were ratified by the property owners pursuant to
Proposition 218 assessment ballot proceedings and that no majority protest exists.
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 beginning with the Fiscal Year 1997-98,
-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.
Tustin held on the
,D ADOPTED at a regular meeting
~ day of July 1997.
,~e City Council of the City of
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ATTEST:
Jeffery M. Thomas, Mayor
City Clerk
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RESOLUTION CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
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RESOLUTION NO. 97-62
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PAMELA STO.KER, 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 7th day of July, 1997 by the'
following vote:
COUNCILMEMBER AYES:
COUNCiLMEMBER NOES:
COUNCII~MEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
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Pamela Stoker, City Clerk