HomeMy WebLinkAbout03 TLLD ASSESSMENTS 07-01-96DATE: .R3L¥ 1, 1996
NO. 3
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7-1-96
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMF. NT/ENGINF-ERING DIVISION
PUBLIC HEARING FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE
L996-~ FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT
RECOMMENDATION
It is recommended the City Council at, their meeting of July 1, 1996 adopt Resolution No. 95-72,
ordering thc annexation of additional territory to Tusfin Landscape and Lighting District and
confirming the annual 1996-97 Fiscal Year Levy of Assessment for the improvement, maintenance
and servicing of public landscaping and lighting facilities within the boundaries of the territory
included in the Tustin Landscape and Lighting District.
All costs will be recouped through thc levy of thc annual assessments for thc district.
BACKGROUND
On May 6, 1996, the Tustin City Council passed and adopted Resol~'on No. 9652, which ordered
the preparation of an Engineer's Report for thc levy of annual assessments for thc 1996-97 fiscal
year for thc Tusfin Landscape and Lighting District.
Subsequently, at their meeting of June 3, 1996, the Council adopted the following resolutions:
Resolution No. 96-56 approving the Engineer's report for the 1996-97 fiscal year for
the levy of annual assessment for the Tustin landscape and Lighting District and for the
annexation of additional territory to said district.
ReSolution No. 96-57 declaring the City's ~tention to order the annexation of additional
territory to an existing district and to provide for.an annual levy of assessment for the
improvement, maintenance and servicing of public landscaping and lighting facilities
within the boundaries of the territory included in the Tustin Landscape and Lighting
District and to' levy and collect assessments pursuant to the Landscape and Lighting Act
of 1972.
Resolution No. 96-57 set the time and place for a public hearing at 7:00 p.m., Monday, July 1,
1996, at the City Hall Council Chambers, 300 Centennial Way, Tustin, Caldomia 92680, where all
interested persons may appear before the City Council and be heard concerning the annual levy of
assessments to. the district and the annexation of additional territory to an existing district. Any
protests must be in writing and must be filed with the City Clerk prior to the conclusion of the
hearing. The City Clerk has caused notice of the hearing to be given by causing the Notice of
Public Hearing to be published and posted in a manner required by Part 2 of Division 15 of the
Streets and Highways Code.
DISCUSSION
The Landscape and Lighting District provides funding for the maintenance of the perimeter
landscaping on the arterial highways within the Tustin Ranch area and for the operation and
maintenance of the street lighting within the Tustin Ranch area and other locations within the City
which were not included in the original Tustin Lighting District.
The proposed annexation of two parcels for this fiscal year were conditions of approval for projects
filed this past year and will only be as~ for street lighting costs. The two parcels are located at
1792 San Juan Street and 3125 Warner Avenue. Letters of non-protest from each property
proposed for annexation are attached.
The proposed levy of assessments has remained the same for both the street lighting and landsminxl
elements for the 1996-97 fiscal year as compared to last year.
STREET COMBINED
LIGHTING LANDSCAPE ASSESSMENT
95-96/96-97 95-96/96-97 95-96/96-97
Single Family Unit $13.10/$13.10 $37.28/$37.28 $50.38/$50.38
Condominium/Apt. Unit $9.83/$9.83 $27.96/$27.96 $37.79/$37.79
Commercial Acre $78.60/$78.60 $223.68/$223.68 $302.28/$302.28
The total costs to be assessed for lighting and landscape maintenance for Fiscal Year 1996-97 are
$97,760.00 and $288,647.00 respectively.
Director of Public Works/City Engineer
Associate Civil Engineer
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RESOLUTION NO. ~-T~'
A RESOIXTrION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA ORDERING THE ANNEXATION
OF ADDmONAL TERRITORY TO AN EXISTING
DISTRICT AND CONFIRMING THE ANNUAL 1996-97
FISCAL YEAR L~VY OF ASSESSMENT FOR ~
IMPROVEMENT, MAINTENANCE AND SERVICING OF
PUBLIC LANDSCAPING AND LIGHTING FACILITIES
WITHIN THE BOUNDARIES OF THE TERRITORY
INCLUDED IN TIlE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT
~, the City 'Council of the City of Tustin, California (hereinafter referred to as the
"City Council"), has adopted Resol~bn No. 96-52 initiating proceedings for the annual levy of
assessments for the payment of the expenses of providing and servicing, public landscaping and
street lighting within the Tustin Landscape and Lighting District, and to annex certain additional
'territory to the existing district; and
~, the City Engineer has prepared and filed with the City Clerk his report (the
"Report") containing the mattea's specified in Section 22567 of Part 2 of Division 15 of the
Streets and Highways Code of California hereinafter referred to as "the Code"; and
w-m~EAS, the City Council has approved the Report as filed and adopted Resolution No.
96-56 on June 3, 1996; and
~, the City' Council l~'~'~fore by Resolution of Intention No. 96-57, adopted on
June 3, 1996, declared its intention to provide, for an annual levy of asse~ment for improvement,
maintenance and sexvicing of public landscaping and street lighting facilities within the boundaries
of the territory included within the Tustin Landw, ape and Lighting District; as more full described
in said Resolution of Intention; and
WItEREAS, the City Council, in and by said Resolution of Intention No. 96-57 fixed July 1,
1996 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
WFIEREAS, the City Clerk has filed with the City Council a affidavit setting forth the time
and manner of compliance with the requirements, for posting and publishing set forth in Section,,
22552, 22553, and 22554,' of the Code; and the City Council hereby finds the Resolution has
been posed in the time, form and manner required by law; and
WItEREAS, said hearing was duly ~ed and held by the City Council at the time and place
for the hearing; and
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wmm~4s, any vett~al protests or objections made by propex~ owners at the hearing
conducted 1uly 1, 1996, were formally received and reflected in the City Council minutes of said
meeting; and
WHER~kS, 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 wen
not made or signed by the owners of more than one-half of the area of the assessable land in said
assessment district; and
WIClEREAS, thc public interest and convenience require the maintenance, servicing and
~on of those certain public and landscaping and lighting facilities within said assessment
district; and · .
WI~REAS, all the territory within said assessment district~will be benefited by the
improvements described in the Resolution of Intention.
NOW, T~RE, BE IT RE. SOLVED by the City Council of the City of Tustin as:
follows:
~ The foregoing recitals are tree and correct and the City Council so finds and
determines. All said protests and objections are hereby overruled by the affmnative vote of the
members of the City Council voting in favor of the adopting of this resolution.
~ The annexation of additional territory to the Tustin Landscape and Lighting District
is hereby ordered and the improvements consisting of the maintenance, servicing, and operation
of public landscaping and street lighting in said 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 the undertaken.
Section 3; The assessm~t for fistml year 1996-97 as set for in the Report, copies of which are
on file in'the office of the City Clerk are hereby confirmed.
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~diflflAi 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.
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PAssED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held
on the 1' day of luly, 1996.
Tracy Wills Worley, Mayor
ATTEST:
City Clerk
RESOLUTION CERTIFICATE
STATE OF CAHFORNIA )
COUNTY OF ORANGE ) ss.
crrY O~ TOSTn~ )
RF30LUT~0N NO. 96-72
PAMRtA STOKFR, 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 following vote:
COUNCILMEMB~ AYES:
COUNCII-MF-MBER NOES:.
COUNCILMg-MBER ABSTAINF. D:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
iRVINE IN~AL EE)MPANY
April 2, 1990
Mr. Robert Ledendecker
Director of Public Works
City of Tustin
300 No. Centennial Way
.Tustin, CA 92680
Re: Lighting District,; 89-pM-0110
Dear Mr. Ledendecker:
In reference to Condition 1.7 of Tustin Resolution 2702, for the
processing of Subdivision Parcel Map 89-0110, the purpose of this
letter is to verify that the applicant, The Irvine Company, does
not now and will not in the future protest the annexation of this
property into the City of Tustin's lighting district.
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If you have any qUestions, please contact me at (714)~ 720-2243.
Sincerely,
Michael 0. Padian
Director, Development
/sl
P.O. Box I. Newpod Beach. Cahforn,a 926.58-8904 - (714) 720-2200
AGREEMENT TO CONDITIONS IMPOSED
I, the undersigned, 'hereby agree to comply with all conditions
imposed by the Community Development Department and/or Planning
Commission of the City of Tustin on approval of Conditional Use
Permit 95-006, Design Review 95-021 and Sign Code Exception 95-005
with conditions as stated in Resolution No. 3370 attached.
Signature, Title
Signature, Title
Exhibit A
Resolution No. 3370
page 4
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Ail plant materials .shall be ~ installed in a
healthy, vigorous condition typical to the species
and must be maintained in a neat and healthy
condition. Maintenance includes, but is not limited
to, trimming, mowing, weeding, removal of litter,
fertilizing, regular watering, and replacement of
diseased or dead plants.
Buffer driveway and parking areas with. landscaping
berms when possible.
ho
Six (6) inch raised concrete curbs shall be placed
on-site adjacent to all landscape pla~ting areas.
(1) 3.9 An adequate size trash enclosure with solid metal, self-
closing, self-latching gates shall be provided. Said
enclosure shall be screened by a solid decorative wall
and be of a minimum height of six feet...The location of
the enclosure and types of screening and details of the
enclosure shall be submitted at Building Plan Check and
are subject to approval by the Community Development
Department. Details shall include gate a~tachment,
architecture, color and materials. The location of bins,
sizes and quantities shall be reviewed and accepted by
Great Western Reclamation.
'PUBLIC WORKS DEPARTMENT
(1) 4.1 Pursuant to Section 22591 of the Streets and Highways
Code, this property will require annexation to the Tustin
Landscape and Lighting District. The Engineering Division
will require a letter from the property owner stating
that this annexation will not be protested.
(1) 4.2 Pursuant to Sections 7220 and 7232 of the Tustin City
Code and the Americans with Disabilities Act (ADA), a
separate 24" x 36" street improvement plan, as prepared'
by a California Registered Civil Engineer, will be
required for all construction within the public right-of-
way, which would include, but. not be limited to the
following:
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Curb and gutter
Construction of a' utility clear sidewalk, having
the same width as the sidewalk on the adjacent
parcels, With tree wells along the frontage of the
property.
Removal of existing drive aprons
Construction of a n~w 27 foot wide drive apron
Any required underground utility connections