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HomeMy WebLinkAbout02 TLLD ASSESSMENTS 07-17-95AGENDA -' DATE: JULY 17, 1995 NO. 2 7-17-95 I nter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PUBLIC HEARING FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1995-96 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT RECOMMENDATION That the City Council approve Resolution No. 95-67, ordering the annexation of additional territory to Tustin Landscape and Lighting District and confirming the annual 1995-96 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. FISCAL IMPACT All City costs will be recouped through the levy of the annual assessments for the district. BACKGROUND On May 1, 1995, the Tustin City Council passed and adopted Resolution No. 95-47, which ordered the preparation of an Engineer's Report for the levy and annual assessments for the 1995-96 fiscal year for the Tustin Landscape and Lighting District. Subsequently, at their meeting of June 19, 1995, the Council adopted the following resolutions: Resolution No. 95-56 - approving the Engineer's report for the 1995-96 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. 95-57 - 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 95-57 set the time and place for a public hearing at 7:00 p.m., Monday, July 17, 1995, at the City Hall Council Chambers, 300 Centennial Way, 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. Any protests must be in writing and must be fried 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. Public Hearing for the Levy of Annual Assessments for the 1995-96 Fiscal Year' for the Tusfin Landscape and Lighting District July 17, 1995 Page 2 DISCUSSION The Landscape and Lighting District provides funding .for the maintenance of the perimeter landscaping on the arterial highways within the Tusfin Ranch area and for the operation and maintenance of the street lighting within the Tusfin Ranch area and other locations within the City which were not included in the original Tusfin Lighting District. The proposed annexation of 2 parcels for this fiscal year were conditions of approval for projects filed this past year and will only be assessed for street lighting costs. 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 landscaped elements for the 1995-96 Fiscal Year as compared to last year. Street Lighting 94-95195-96 Landscape 94-95/95-96 Combined Assessment 94-95/95-96 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 cost to be assessed for lighting and landscape maintenance for Fiscal Year 1995-96 are $97,355.00 and $288,117.00 respectively. Tim D. Seflet Director of Public Works/City Engineer TDS :JO:ccg:pubhear.tl& Attachment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 RESOLUTION NO. 95-67 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 1995-96 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 WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the "City Council"), has adopted Resolution 95-47 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 WH. EREAS, 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 adopted Resolution No. 95-56 on June 19, 1995 and WHEREAS, the City Council heretofore by Resolution of Intention No. 95-57, adopted on June 19, 1995, 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. 95-57 fixed July 17, 1995 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 the City Council hereby finds the Resolution has been posted in the time, form and manner required by law; and 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 ~7 WHEREAS, said hearing was duly opened 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 17, 1995 were formally received and reflected in the City Council minutes of said.meeting; 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 conveniencerequire the maintenance, servicing and operation of those certain public and 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 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 adopting 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 the undertaken. Section 3: The assessment for fiscal year 1995-96 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. 1 3 4 5 6 7 8 10 11 19. 15 14 15 16 17 18 10 ~0 21 26 27 28 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 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 17th day of July 1995. ATTEST: Jim Potts, Mayor City Clerk GREUBELCOMPA E)evelopment · Property Managen,ent January 21, 1993 City of Tustin Planning Division] 15222 Del Amo Ave. Tustin, CA 92680 Attn: Re: Ann Bonnet Tentative Parcel Map #91-288, 14444 Holt Ave., 7'ustin, CA Condition 92680 #2.4, Barrett Eleven (d,sveloper/subdivider) property to the Tustin Lighting District. will not be protested. will annex Cf cours~, r~he above ,-: nnexa t ion Sincerely, Jerome P. Greubel General Partner Barrett Eleven JPG/!~U 1~t~81 VISTA OI~L VALLF: ® SANTAANA,(~ALIFORNIA ~2705 · (714) DEC I 9 1994 ' iJSTIN PUBLIC WORKS DEPT. .. i4 December 1994 TO: City of Tustin FROM: Glenn G. Riley Subj: Annexation to Tustin Lighting District please 'be advised ~hat the undersigned Glenn G. Riley. owner of the property located a~ 13641RedHiil. Iustin, Ca.,will not protest the annexanion of said property into the Tustin Landscape and Lighting District. ~Gienn G. Ri-I 1432 S. E.Skyiine Dr. Santa Ana, Ca 92705