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Home My WebLink AboutPH 3 TLLD ANNL ASSESS 08-03-92PUBLIC HEARING N0. 3 8-3-92 1 Inter -Com .TE. AUGUST 3, 1992 ''f's T`� TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: PUBLIC HEARING - FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1992-93 FISCAL YEAR FOR THE TUSTIN LANDSCAPE &- LIGHTING DISTRICT RECOMMENDATION Pleasure of the City Council. BACKGROUND On June 15, 1992, the Tustin City Council passed and adopted the following resolutions pertaining to the City of Tustin Landscape and Lighting District: * Resolution No. 92-77 - Ordering the preparation of an Engineer's Report for the levy of annual assessments for the 1992-93 fiscal year for the Tustin Landscape and Lighting District. * Resolution No. 92-78 - Approving the Engineer's Report for the 1992-93 fiscal year for the levy of annual assessment for the Tustin Landscape and Lighting District, and for the annexation of additional territory to said existing district. * Resolution No. 92-79 - Declaring the City's intention 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 92-79 set the time and place for a public hearing at 7:00 p.m., Monday, July 20, 1992, Tustin Senior Center, 200 "C" Street, Tustin California 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. The public hearing was opened on July 20, 1992 and was continued to the City Council meeting of August 3, 1992. There was no testimony from affected property owners at the July 20, 1992.meeting. Any protests must be in writing and must be filed with the City Clerk prior to the conclusion of the hearing. 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. Y Public Hearing — Tustin Landscape and Lighting District August 3, 1992 Page 2 A copy of the Chief Deputy City Clerk's Affidavit of Publication and posting of Resolution No. 92-79 is attached for the City Council's information. DISCUSSION Suggested procedure for the continued public hearing which has been set for 7:00 p.m. Monday, August 3, 1992 at the Tustin Senior Center, 200 "C" Street, Tustin, California, 92680: * Continue the public hearing. * Receive any testimony from affected property owners. * Determine that any 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. * Depending upon the outcome of the above-mentioned public testimony, it is requested that the Tustin City Council pass and adopt the attached Resolution No. 92-87 confirming the annual 1992-93 fiscal year levy of assessment. Robert S. Ledendecker Director of Public Works/City Engineer RSL:ktb:TLLD1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1992-93 FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING LIGHTING FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the "City Council"), has adopted Resolution No. 92-77 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 WHEREAS, the City Engineer has prepared and filed with the City Clerk his report (the "Report") containing the matters 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 WHEREAS, the City Council has approved the Report as filed and adoption of Resolution No. 92-78 on June 15,.1992; and WHEREAS,. the City Council heretofore by Resolution of Intention No. 92-79 adopted on June 15, 1992, 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. 92-79, fixed July 20, 1992 at 7:00 p.m. before the City Council at the Tustin Senior Center, 200 "C" Street, Tustin, California, as the time and place for a hearing which was continued to August 3, 1992 for the purpose of receiving testimony 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 22551.;-22553, and 22554, of the Code; and the City Council hereby finds the Resolution has been posted in the time, form and manner required by law; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution 92-87 August 3, 1992 Page 2 WHEREAS, said hearing was duly opened, continued and held by the City Council at the time and place for the hearing; and WHEREAS, any verbal protests or objections made by property owners at the hearing conducted July 20, 1992 and August 3, 1992 were formally received and reflected in the City Council minutes of said meetings; 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 operation of those certain public landscaping and lighting facilities within said assessment district; and WHEREAS, all the territory within said assessment district will be benefitted by the improvements described in the Resolution of Intention. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin resolves 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 affirmative vote of the members of the City Council voting in favor of the adoption of this resolution. Section 2: 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 be undertaken. Section 3: The assessments for fiscal year 1992-93 as set forth in the Report, copies of which are on file in the office of the City Clerk are hereby confirmed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution 92-87 August 3, 1992 Page 3 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 3 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 hnd the diagram and the assessment confirmed by this 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 3rd day of August, 1992. ATTEST: City Clerk Leslie Anne Pontious, Mayor AFFIDAVIT OF PUBLICATION AND POSTING TUSTIN LANDSCAPE AND LIGHTING DISTRICT I, Valerie Whiteman, Chief Deputy City Clerk for the City of Tustin, do hereby certify that City Council Resolution No. 92-79 was duly published in the Tustin News on July 16, 1992 and July 23, 1992, in accordance with Sections 22552 and 22553 and posted per Section 22555 of Part 2 of Division 15 of the Streets and Highways Code. Dated: July 24, 1992 Valerie Whiteman Chief Deputy City Clerk City of Tustin 2:AFFIDV