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Home My WebLink AboutPH 1 TLLD ANNL ASSESS 07-17-89 !~" ' /;i ~ PUBL!C HEARING .... = -'.,~' ~,'~_~ ~1~'~ NO. 1 DATE: JULY 11, 1989 ~ I TO: WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: PUBLIC HEARING - FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1989-90 FISCAL YEAR FOR THE TUSTIN LANDSCAPE & LIGHTING DISTRICTj RECOMMENDATION: Pleasure of the City Council. BACKGROUND: On June 19, 1989, the Tustin City Council passed and adopted the following resolutions pertaining to the City of Tustin Landscape and Lighting District: * Resolution No. 89-90 - Ordering the preparation of an Engineer's Report for the levy of annual assessments for the 1989-90 fiscal year for the Tustin Landscape and Lighting District. * Resolution No. 89-91 - Approving the Engineer's Report for the 1989-90 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. 89-92 - 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 assess- ments pursuant to the Landscape and Lighting Act of 1972. Resolution No. 89-92 set the time and place for a public hearing at 7:00 p.m., Monday, July 17, 1989, Tustin City Council Chambers, 300 Centennial Way, Tustin, CA 92680, where all interested persons may appear before the City Council and be heard concerning the annexation of additional territory to the existing district and the annual levy of assessments of the district. 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 Resolution of Intention No. 89-92 to be published and posted in a manner required by Part 2 of Division 15 of the Streets and Highways Code. PUBLIC HEARING - TUSTIN LANDSCAPE AND LIGHTING DISTRICT JULY 11, 1989 PAGE 2 DISCUSSION: Suggested procedure for the public hearing which has been set for 7:00 p.m., Monday, July 17, 1989 at the Tustin Council Chambers, 300 Centennial Way, Tustin, CA 92680: * Open 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 ordering the annexation and confirming the annual 1989-90 fiscal year levy of assessment. Bob Ledendecker Director of Public Works/City Engineer BL:mv 5 6 ? 8 9 10 11 12 13 15 16 17 18 19 20 21 22 25 26 25 RESOLUTION NO. 8 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1989-90 FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE, AND SERVICING OF PUBLIC LANDSCAPING AND STREET 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 "City Council"), has adopted Resolution No. 88-49 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 by adoption of Resolution No. 89-91 on June 19, 1989; and WHEREAS, the City Council heretofore by Resolution of Intention No. 89-92 adopted on June 19, 1989, declared its intention to order the annexation of additional territory to an existing district and 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. 89-92, fixed July 17, 1989, at 7:00 P.M. before the City Council in the Council Chambers at 300 Centennial Way, Tustin, California, as the time and place for a hearing on the annexation of additional territory to an existing district and 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 mailing 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 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, 1989 were formally received and reflected in the City Council minutes of said meeting; and WHEREAS ~aid City Council proc ed to hear and pass upon any protests, made at the hearing, an~ 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 said assessment district; and WHEREAS, all the territory within said assessment district will be benefited by the improvements described in the Resolution of Intention. 9 NOW, THEREFORE, the City Council of the City of Tustin resolves as follows: 10 SECTION ~: The foregoing recitals are true and correct and 1~ the City Council so finds and determines. All said protests and objections are hereby overruled by the affirmative vote of the 12 members of the members of the City Council voting in favor or the adoption of this resolution. SECTION ~: The annexation of additional territory to the 14 Tustin Landscape and Lighting District is hereby ordered and the improvements consisting of the maintenance, servicing and 15 operation of public landscaping and street lighting in said assessment district, as set forth in the Report, a copy of which 16 is on file in the office of the City Clerk, are ordered to be undertaken. SECTION ~: The assessments for fiscal 'year 1989-90, as set 18 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 20 levy of an assessment for the fiscal year referred to in the assessment confirmed herein. SECTION ~: Pursuant to law, including Article 1 of Chapter 22 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 23 assessment confirmed by this resolution, or a certified copy therefore, with the County Auditor of the County of Orange. PASSED AND ADOPTED by the City Council of the City of 251Tustin at a regular meeting held on the 17th day of July, 1989. 27 28 ATTEST: MAYOR CITY CLERK CITY OF TUSTIN LANDSCAPE AND LIGHTING DISTRICT ASSESSMENT DIAGRAM FOR THE 1989-1990 FISCAL YEAR PER SECTION 22508 OF THE S ✓t H CODE, I DESCRIPTIONS AND DIMENSIONS OF PARCELS ARE i SHOWN ON ORANGE COUNTY ASSESSORS MAPS ♦♦\`♦ \ ♦ ♦ w ,�� ♦ sora�ra 1 �'f'� \\ ♦ IOrllrfM O � vlro Ads FVW Inm1 1 1 a004am-0 wrnR i� a000�bM dim ee urn �v vaemw Ram s000fFn 1 i�or{f-rl solo-wt."n sosoan<-� coo-«+oo »a R>ad Rm % n a coo -«ref a os 1 IM IOrMAft >b �� / #11LOTS)>0� 1 WMII SINW I 1 1 40& JW -M I 1 Eil 1 ■ 1 1 AAL OW sRNww sR a$own RRIR RRM 10t-N=dr 1 1 1 arY MIT I + � 1 LEGEND ' 1 I ZONE BOUNDARY RESIDENTIAL ZONE 1 t RESIDENTIAL ZONE RI ✓t R2 ® 4so-Jsr:r COMMERCIAL ZONE 1 ® 1 COMMERCIAL ZONE Cl .� LANDSCAPING ZONE (L) Shoot I of 3 �CoRSI1�TAN'M IRe r•rr.�.ftr'rrR 04/0100 07-12-90 N5/9-ld a R.S.R i ul CITY OF TUSTIN LANDSCAPE ASE ANu LIGHTING DISTRICT ASSESSMENT DIAGRAM FOR THE 1989-1990 FISCAL YEAR PER SECTION 22508 OF THE S & N CODE, DESCRIPTIONS AND DfMENS10NS OF PARCELS ARE SHOW ON ORANCE COUNTY ASSESSOR'S MAPS LEGEND ZONE BOUNDARY RESIDENTIAL ZONE I RESIDENRAL ZONE RI & R2 COMMERCIAL ZONE I COMMERCIAL ZONE Cl LANDSCAPING ZONE (L) foo-ows Shoot 3 of 3 Caaurulrs, I IIf: rrr.��ur r.• •Y•1lf0 e7 -12-M XOM9 Ate- ILL.