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HomeMy WebLinkAboutPH 3 E. T. ASSESS DIST 7-18-88TO: WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: EAST TUSTIN ASSESSMENT DISTRICT NO. 86-2 PUBLIC HEARING RECOMMENDATION: That the designated public hearing be conducted on Monday, July 18, 1988 at 7:00 P.M. by the Tustin City Council as noticed. After testimony from the public hearing has been taken and if the City Council determines that the Assessment District No. 86-2 should be confirmed, they should proceed with the actions as outlined in the Order of Procedure. BACKGROUND: In June 1986, the Irvine Company filed a petition for the formation of Assessment District No. 86-2 (East Tustin) and the City Council at their June 16th meeting accepted said petition and directed Staff to initiate the required assessment district proceedings. In September 1987, the Irvine Company filed an amendment to the original petition to include additional areas to the District outside the Tustin city limits. These areas were located within the City of Orange's jurisdiction & -' within the jurisdiction of the County of Orange. Additional actions previously completed by the city of Tustin, City of Orange, and the County of Orange are summarized as follows: * City of Tustin Resolution No. 88-51 dated May 2, 1988 requesting consent of jurisdiction actions from both the City of Orange and the County of Orange. * City of Orange Resolution No. 7064 dated May 24, 1988 consenting to the formation of Assessment District No. 86-2 within its jurisdiction. * County of Orange Resolution dated June 7, 1988 consenting to the formation of Assessment District No. 86-2 within its jurisdiction. * City of Tustin Resolution No. 88-60 dated June 13, 1988 designating/ appointing certain individuals and/or firms to perform all of the duties related to Assessment District No. 86-2. * City of Tustin Resolution No. 88-61 declaring the City's intention to order the formation of Assessment District No. 86-2 and the construction of certain improvements therein. * City of Tustin Resolution No. 88-62 dated June 13, 1988 approving the Preliminary Engineer's Report relating to Assessment District No. 86-2 and setting the time and place for a hearing of protest to the public improvements. ,, ASSESSMENT DISTRICT 86-2 PUBLIC HEARING July 13, 1988 Page 2 The time and place for the public hearing is: 7:00 P.M., July 18, 1988 Tustin City Council Chambers 300 Centennial Way Tustin, CA 92680 which has been duly noticed as required by Sections 10301-10309 of the Streets and Highways Code. DISCUSSION: After consideration of testimony at the public hearing, the City Council should determine whether or not to proceed with the formation of the East Tustin Assessment District No. 86-2. In order to finalize the said District, the City Council will need to proceed with the actions as outlined in the Order of procedure below. After the formation of the district and after the thirty-day period on the environmental document, it is anticipated that the bond closing date will be on or about August 22, 1988. SUGGESTED ORDER OF PROCEDURE: * Mayor: Announce that this is the time and place fixed for the public bearing'on the East Tustin Assessment District 86-2, Monday, July 18, 1988 at 7:00 P.M. in the Tustin City Council Chambers to hear protests to the improvements as proposed. The hearing is being held a minimum of thirty (30) days after passage of the Resolution of Intention. * Mayor: States that the Council has been presented an affidavit by the City Clerk stating that the Clerk has caused notices of the passage of the Resolution of Intention to appear in conformity with Streets and Highways Code Section 10301- 10309. * Staff: City's Consultant Assessment District Engineer, Gary Dysart of Willdan and Associates, will provide an explanation on the purpose and scope of the public hearing and the extent of the proposed works of improvement and boundaries of the Assessment District. Provide a brief explanation of the Final Engineer's Report as it compares with the Preliminary Engineer's Report. ASSESSMENT DISTRICT 86-2 PUBLIC HEARING July 13, 1988 Page 3 * Staff: * Mayor: * City Council: * City Council: Report on any protests either written or verbal that have been received aS of this time and date. opens public hearing and requests for anyone desiring to speak to identify themselves and their property; and First, ask to hear from anyone desiring to speak against the improvements, the Assessment District or the method of spread. Second, ask to hear from anyone who wishes to speak in favor of the proceedings. Discussion By motion, declare the public hearing closed. IF THE CITY COUNCIL WISHES TO PROCEED, THE FOLLOWING ACTIONS ARE REQUIRED: City Council adoption of Resolution No. 88-80, recertifying final Environmental Impact Reports (EIR) No. 85-2 for the E~st Tustin Specific Plan, the final EIR for the North-South Road and the I-5/Tustin Ranch Road Interchange Environmental Assessment (EA)/Negative Declaration. City Council adoption of Resolution No. 88-81 confirming the assessments in the City of Tustin Assessment District No.-86-2, ordering the proposed improvements to be made, and designating the City Treasurer to collect and receive money. Director of Public Works/City Engineer AFFIDAVIT OF COMPLIANCE WITH NOTICE REQUIREMENTS CITY OF TUSTIN ASSESSMENT DISTRICT NO. 86-2 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN The undersigned duly sworn, deposes and says under penalty of perjury, as follows: The City Clerk accomplished or directed the accomplishment of the notice requirements in connection with the referenced assessment dis- trict, as set forth below: PUB LI CAT I ON The Notice of Public Hearing was published in the designated legal newspaper in accordance with Section 6066 of the Government Code of the State of California; said publication being made once a week for two successive weeks; said publication being' accomplished on the 23rd day of June, 1988, and on the 30th day of June, 1988. MAILING The Notice of Public Hearing was mailed to all persons owning real property proposed to be assessed according to the names and addresses of such owners as the same appear on the last County assessment roll, or at their addresses as known to the undersigned; also to every owner of property assessed by the State under Section 14 of Article XIII of the Constitution of the State of California at the address of the owner of such property as shown on the last City roll transmitted to the County Auditor in all instances where such property is pro- posed to be assessed; said mailing being accomplished on the 28th day of June, 1988. In addition, although not required by law, the Notice of Public Hearing was also mailed on the 14th day of July, 1988 to the Akins Development Company, The Donald Bren Company and the Bren- Osgood Company, which parties became owners subsequent to adoption of the Resolution of Intention. 94691.9.2535.13:3 RECORDING AND POSTING The City Clerk has directed the Engineer of Work, Willdan Associates, to record the proposed Boundary Map in the office of the Orange County Recorder and to post the Notice of Improvement as required by law. The proposed Boundary Map was filed in the office of the Orange County Recorder within fifteen days after the adoption of the Resolution setting forth the time and place for hearing on the proposed assessment (said filing having been accomplished on the 20th day of June, 1988), and the NOtice of Improvement was posted on the 27th day of June, 1988. Attached hereto as Appendix A is the Engineer's Certificate of Compliance with Notice of Requirements and attached hereto as Appendix B is the Engineer's Declaration of Posting Notice of Improvement, such Appendices being evidence of the completion of recording and posting. Deputy City Clerk -2- 94691.9.2535.13:3 E N DA_____'' · TO: FROM: SUBJECT: WILLIAM HUSTON, CI'll MANAGER COllllJiIll DEVELOPMENT DEPARTMENT RECERTIFICATION OF PREVIOUSLY PREPARED ENVIRONMENTAL DOCUMENTS; ASSESSMENT DISTRICT 86-2 RECOI~IENDATION It is recommended that the City Council adopt Resolution No. 88-80. BACKGROUND A.~sessment Distrct 86-2 is currently being proposed for additional improvements associated with East Tustin. The City has con~leted an initial study for the proposed assessment district and has determined that the project includes a number of improvements which were being considered either directly or indirectly within the following previous EIRs: Final EIR 85-2 for East Tustin Specific Plan (MBA, 1986), including all certified supplemental and addendum documents. North-South Road EIR (LSA, 1987) I-5/Tustin Ranch Road Interchange Environmental Assessment/Negative Declaration (LSA, 1988) In examining the proposed Assessment District (86-2) in light of previous environmental documentation it has been determined that the aforementioned environmental documents meet the requirements of Section 15163 of the State CEQA Guidelines and that no additional documentation is needed {Section 15164 of the State CEQA Guidelines). However, prior to the City Council approving Assessment District 86-2, the City Council mu st recertify the original environmental documents, adopt all feasible mitigation measures and make additional findings on each environmental impact identified. City Council Report Recerti fi carl on of £nvi romenta 1 Documents for Assessment District 86-2 July 18, 1988 Page two A copy of the initial study is attached for the City Council's information. Copies of Final EIR 85-2, as supplemented and amended, the North/South Road EIR, and the I-5 Tustin Ranch 'Road Interchange Environmental Assessment are available for examination at the Community Development Department. Responses to comments received upon closure of the public review period will be transmitted to the City Council prior to their action on this matter. Christine ShingTeton ~ - Director of Community Development CAS 'pef Attachment: Resolution No. 88-80 Community DeveloPment Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE EAST TUSTIN SPECIFIC PLAN, THE FINAL EIR FOR THE NORTH-SOUTH ROAD AND THE I-5/TUSTIN RANCH ROAD INTERCHANGE ENVIRONMENTAL ASSESSMENT/NEGATIVE DECLARATION ARE ADEQUATE TO SERVE AS THE PROJECT EIR FOR ASSESSMENT DISTRICT 86-2 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT AND RECERTIFYING ALL THE ABOVE PREVIOUSLY PREPARED DOCUMENTS. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows' A. Assessment District 86-2 ("the Project") is proposed to finance certain improvements associated with development of the 1,740 acre Master Planned Community known' as Tustin Ranch in the City of Tustin, which development was previously examined in Final EIR 85-2 for the East Tustin Specific Plan. B. Section 15168 of CEQA Guidelines allows for the use of a program EIR for subsequent project related activities and Section 1K1Kq of the Guidelines provides for the use of an EIR from a previous project in evaluating a later project, if such projects are essentially the same in terms of environmental impact. Ce The City completed an initial study for the proposed Project and determined that the improvements to be funded by Assessment District 86-2 were considered within previously certified environmental documents, including Final EIR 85-2 for the East Tustin Specific Plan (including all certified supplemental and addendum documents), Final EIR 87-1 for the North-South Road, and the I-5/Tustin Ranch Road Interchange Environmental Assessment/Negati ve Decl arati on. D. The City provided public notice of its initial study and of its intent to rely on the afrorementioned EIR's for the Project. A public review period of the initial study ended on July 16, 1988 and the City has responded to comments received during the review period. ~ E. The initial study for the Project and previously certified environmental documents identified in Section I.C of this Resolution have been reviewed and comments and responses to the initial 'study have been considered. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 88-80 Page two II. Fe All impacts, mitigation measures and project alternatives identtfed in the previously certified environmental documents identified in Section I.C of this Resolution have been reviewed and considered, mitigation measures have been incorporated into the proposed project that eliminate or substantially lessen the significant environmental effects as identified in each of the previously certified documents and it is determined that any remaining significant effects on the environment found to be unavoidable have been balanced against the benefits of the Project and against the Project alternatives and those benefits have been found to be overriding on each significant impact identified in the previously considered environmental documents. Findings and a Statement of Facts supporting such findings and mitigation measures are listed in Exhibit A of Resolution No. 86-28 and Exhibit A of Resolution No. 87-76 and are incorporated herein by reference. The City Council does hereby certify that EIR 85-2 for the East Tustin Specific Plan (including all certified supplemental and addendum documents), Final EIR 87-1 for the North-South Road, and the I-5/Tustin Ranch Road Interchange Environmental Assessment/Negative Declaration are adequate to serve as the project EIR fo',- A~essment District 86-2 and that such documents have been completed in compliance with State CEQA Guidelines. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 18th day of July, 1988. Ronald B. Hoesterey, Mayor Mary E. Wynn, City Clerk RESOLUTION NO. 88-81 RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE ASSESSMENT IN THE CITY OF TUSTIN ASSESSMENT DISTRICT NO. 86-2, ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER TO CO--CT AND RECEIVE MONEY WHEREAS, the City Council of the City of Tustin, by Resolution No. 88-61 heretofore adopted by the Council on June 13, 1988, declared its intention to order the work to be done and the improvements to be made as described in that resolution in an assess- ment district to be designated City of Tustin Assessment District No. 86-2, as shown and designated on that certain map referred to in Resolution No. 88-61, such map being on file in the office of the City Clerk; and WHEREAS, the Council in and by that resolution referred the work, acquisitions and improvements to Willdan Associates, as Engineer of Work, and directed it to make and file with the City Clerk a report in writing; and WHEREAS, the Engineer duly filed' with the City Clerk a report in writing, including plans and specifications of the proposed improvements, a general description of works, appliances or property to be acquired, an estimate of the costs of the improvements and of the land, rights of way, easements and incidental expenses in connec- tion with the improvements, a diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the assessment district as they were expected at the time the resolu- tion was adopted, and a proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in the assessment district in proportion to the estimated benefits to be received by such subdivisions from the improvements, all in accordance with Sections 10203 and 10204 of the California Streets and Highways Code; and WHEREAS, the Council, by Resolution No. 88-62 heretofore adopted on June 13, 1988, preliminarily approved the Engineer's report and fixed Monday, July 18, 1988 at 7:00 p.m. in the chambers of the City Council, City Hall, 300 Centennial Way, Tustin, California, as the time and place for hearing protests or objections to the proposed acquisitions and improvements, the extent of the assessment district and the proposed assessment, and provided for notice of the hearing; and 94691.9.2535.08:3 WHEREAS, the City Clerk has filed with the Council an affidavit setting forth the .time and manner of compliance with the requirements for publishing, posting and mailing notices of the passage of Resolution No. 88-61 and of the time and place for hearing protests or objections to the proposed acquisitions and improvements and the Council hereby finds that notice of the passage of that reso- lution and of the time and place for hearing protests or objections to the proposed acquisitions and improvements have been published, posted-and mailed in the time, form and manner required by law; and WHEREAS, the City of Tustin has examined the proposed assessment district in light of the previously certified environmen- tal documents, including Final EIR 85-2 for the East Tustin Specific Plan (including all certified supplemental and addendum documents), the North/South Road EIR, and the I-5/Tustin Ranch Road Interchange Environmental Assessment-Negative Declaration, and has determined that no additional documentation is needed and that the abovemen- tioned environmental documents meet the requirements of Section 15153 of the State CEQA guidelines. The Council, having final authority over this project, has reviewed and considered the information con- tained in the previous environmental documents prior to approval of this project and adopted Resolution No. 88-80 recertifying the above- mentioned environmental documents as adequate to address the proposed project; and WHEREAS, the hearing was duly held by the Council at the time and place for the hearing of all objections to the proposed work and improvements; and WHEREAS, no written protests and objections were filed with the City Clerk at or before the time set for said hearing with respect to the improvements; and WHEREAS, the Council immediately thereupon acquired juris- diction to order the proposed improvements to be made. BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS FOLLOWS: SECTION 1. The Council hereby confirms the proposed assessment in the amount of $81,400,000 and declares that the attached report of the Engineer, including the plans, specifications, description of acquisitions, estimate of the cost of the improve- ments, assessments, boundary map and diagram, is hereby finally adopted, accepted, confirmed and approved. The Council hereby con- firms additional assessments for the payment of incidental expenses permitted under the Streets and Highways Code in the amounts to be determined by subsequent proceedings of the City. 94691.9.2535.08:3 -2- SECTION 2. The council hereby orders the work, acquisitions and improvements described in Resolution No. 88-61 and in the report of the Engineer to be done and made. SECTION 3. The City Clerk shall transmit to the Superintendent of Streets of the City of Tustin the diagram and assessment, and the Superintendent of Streets is hereby directed to record the diagram and assessment in his office in a substantial book kept for that purpose, and, in addition, the City Clerk is to record forthwith a Notice of Assessment in the~ Office of the Recorder, County of Orange, and upon the date of such recordation in the Office of the Recorder the assessment shall become a lien upon the lands upon which it is levied, and upon the date of recordation in the Superintendent of Street's office, the assessments shall become due and payable, all pursuant to the Municipal Improvement Act of 1913. SECTION 4. The City Treasurer of the City of Tustin is hereby designated to collect and receive the money paid pursuant to the assessment, in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 18th day of July, 1988. MAYOR ATTEST: CITY CLERK 94691.9.2535.08:3 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City 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 duly adopted at a regular meeting of the City Council, held on the 18th day of July, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: MARY E. WYNN, CITY CLERK CITY OF TUSTIN, CALIFORNIA 94691.9.2535.08:3 -4-