HomeMy WebLinkAboutNB 1 E. T. ASSESS DIST 06-06-88 .... 6- 88
Inter Com
DATE: 3UNE ,,1~. 1988
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
PUBLIC 'WORKS DEPARTMENT/ENGINEERING DIVISION
EAST TU.S~IN ASSESSMENT DISTRICT NO. 86-2
RECOMMENDATION:
That the Tustin C~ty Council at their meeting on June 6, 1988 review and
discuss the East ~ustin Assessment District No. 86-2 as scheduled, and
defer any action =.on Resolution Nos. 88-60, 88-61, and 88-62 until a
special City Council meeting to be scheduled on June 8, 9, 10 or 13,
1988.
BACKGROUND: "~
In June 1986, the City Council accepted the Irvine Company's petition
requesting the formation of Assessment District No. 86-2 and later in
September 1987 amended said petition to include certain areas outside of
the City of Tusti~ boundaries but within the City of Orange and County
of Orange jurisdictions with respect to the Jamboree Road project.
The next phase of the formation of the District is for the City Council
to designate certain persons to perform various duties relating to
special assessment proceedings of the District, to declare its intention
to order the fo£aLation of Assessment District No. 86-2 and to approve
the preliminary Engineer's Report relating to Assessment District No.
86-2 and to set a. time and place for hearing protest to the proposal
improvements. ~;,
DISCUSSION: ,-
Three resolutions
follows: ~
are presented
for the city Council's adoption as
Resolution No.. 88-60 - This resolution designates/appoints certain
individuals and/or firms to perform all of the duties related to said
Assessment District No. 86-2 and as outlined in Sections 2, 3,4, 5, 6,
7, and 8 of Resolution No. 88-60 (copy attached for information).
Resolution No. ~88-61 - This resolution declares the City's intention to
order the formation of the Assessment District and the construction of
certain improvements therein. It states that both the City of Orange
and County of Orange have approved a Consent of Jurisdiction resolution
pertaining to, their respective lands within the proposed boundaries of
the Assessment ~District (copy attached for information).
Resolution No, 88-62 - This resolution approves the preliminary
Engineer's Report relating to Assessment District No. 86-2 and sets the
time and place for the hearing of protest to the proposed improvements
relating to the~Assessment District (copy attached for information).
East Tustin Assessment District No. 86-2
June 1, 1988
Page 2
The preliminary Engineer's Report delineated as Exhibit "A" in
Resolution No. 88-62 will be delivered under separate cover on Friday,
June 3, 1988.
Staff is requesting that the City Council pass and adopt Resolution Nos.
88-60, 88-61 and 88-62 at a special City Council meeting to be held on
June 13, 1988, or earlier. The staff presentation and distribution of
materials will be scheduled for the regular June 6, 1988 city Council
meeting. Final action on these resolutions needs to be delayed to June
8, 1988 so that the appropriate County of Orange action can be completed
on June 7, 1988, prior to any final actions of the Tustin City Council.
The one week County delay was due to the Memorial Day holiday and no
regularly scheduled Board of Supervisors meeting for the week of May 31,
1988.
Staff and the various Assessment District consultants will be available
at the June 6, 1988 meeting to answer any questions on this item.
Bob Ledendecker
Director of Public Works/City Engineer
BL:mv
Attachments
RESOLUTION NO. 88-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DESIGNATING PERSONS TO PER-
FORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PRO-
CEEDINGS RELATING TO ASSESSMENT DISTRICT
NO. 86-2
WHEREAS, the City Council of the City of Tustin,
California, is considering the formation of a Special Assessment
District, pursuant of the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, for the construction of.
certain public works of improvement, together with appurtenances and
appurtenant work, said special Assessment District to be known and
designated as "Assessment District No. 86-2" (hereinafter referred to
as the "Assessment District"); and
WHEREAS, the City desires to make the required appointments
and designate persons to perform certain duties, in order to allow
the proceedings to go forward to completion in accordance with the
provisions of law; and
WHEREAS, the City has received consents to jurisdiction
from the County of Orange and the City of Orange consenting to juris-
diction in this City Council with respect to the Assessment
District.
BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL
OF THE CITY OF TUSTIN AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That Robert S. Ledendecker is hereby appointed
to perform all of the duties and functions of the Superintendent of
Streets, including those duties specified and designated in the
"Municipal Improvement Act of 1913", being Division 12 of the Streets
and Highways Code of the State of California, for the above refer-
enced Assessment District.
SECTION 3. That the place for recordation of the assess-
ment roll and diagram shall be in the Office of the Superintendent of
Streets, and said assessment roll and diagram, upon recordation,
shall be kept as a permanent record.
SECTION 4. That Willdan Associates is hereby appointed
the Assessment Engineer for said proceedings, and said Assessment
Engineer shall perform all of the duties and responsibilities as set
forth by law as they relate to the Assessment District and shall
perform all engineering work necessary in and for the proceedings,
94691.9.2535.04:4
including the description and improvements to be constructed,
estimate of costs, diagram and assessment.
SECTION 5. That Bartle Wells Associates is appointed
Financial Advisor in connection with the bonds relating to the
Assessment District.
SECTION 6. That Mudge Rose Guthrie Alexander & Ferdon and
Rourke & Woodruff are hereby appointed to act as Co-Bond Counsel for
the purposes of preparing proceedings and issuing an approving opin-
ion attesting to the validity of the proceedings and the enforceabil-
ity of the bonds relating to the Assessment District.
SECTION 7. That Citibank, N.A. is hereby appointed as
Trustee, Paying Agent and Tender Agent in connection with the bonds
relating to the Assessment District.
SECTION 8. That Merrill Lynch Capital Markets is hereby
appointed as underwriter and remarketing agent for the bonds relating
to the Assessment District.
APPROVED AND ADOPTED, this 13th day of June, 1988.
MAYOR
ATTEST:
CITY CLERK
94691.9.2535.04:4
RESOLUTION NO. 88-61
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN DECLARING ITS
INTENTION TO ORDER THE FORMATION OF
THE CITY OF TUSTIN ASSESSMENT DISTRICT
NO. 86-2 AND THE CONSTRUCTION OF CER-
TAIN IMPROVEMENTS THEREIN
WHEREAS, in accordance with the provisions of Section 2804
of the California Streets and Highways Code, the owners of more than
60 percent in area of the property subject to assessment for the pro-
posed construction of certain improvements hereinafter described,
have signed and filed with the Clerk of the City of Tustin a written
Petition for the construction in proceedings to be taken by the City
Council, pursuant to the Municipal Improvement Act of 1913, and for
the issuance of bonds in the proceedings under the Improvement Bond
Act of 1915; and
WHEREAS, the City Council of the City of Tustin (the "City
Council") by its Resolution No. 88-60 adopted June 13, 1988,
appointed Willdan Associates as Engineer of Work to do and perform
all engineering work necessary in and for the proceedings, including
the description and improvements to be constructed, estimate of
costs, diagram and assessment; and
WHEREAS, the public interest and convenience requires the
construction of said improvements; and
WHEREAS, parts of the proposed assessment district desig-
nated city of Tusin Assessment District No. 86-2 will be outside the
boundaries of the City of Tustin (the "City") and inside the bounda-
ries of the City of Orange and the unincorporated portion of the
County of Orange; and
WHEREAS, the City Council has determined that the purposes
sought to be accomplished by the work, acquisitions and improvements
relating to the City of Tustin Assessment District No. 86-2 can best
be accomplished by a single, comprehensive scheme of work and that,
therefore, pursuant to Sections 5115 and 10103 of the Streets and
Highways Code, the City Council has the power and authority to extend
the work and boundaries of the assessment district beyond the terri-
torial limits of the City; and
94691.9.2535.01:9
WHEREAS, the City Council, pursuant to Section 5117 of the
Streets and Highways Code, has determined that the lands in th4 City
of Tustin Assessment District No. 86-2 that are located outside the
boundaries of the City will be benefited by the work, acquisitions
and improvements of the City of Tustin Assessment District No. 86-2;
and
WHEREAS, Section 10103 and Sections 5115 through 5119 of
the Streets and Highways Code authorize a city to construct improve-
ments and levy, collect and enforce assessments in another city or
county upon submission of the proposed resolution of intention and
the consent of such jurisdiction or jurisdictions to the proposed
improvements and assessments; and
WHEREAS, the City Council of the City of Orange and the
Board of Supervisors of the County of Orange, have approved this
Resolution in substantially this form and consented to (i) the forma-
tion of the City of Tustin Assessment District No. 86-2, (ii) the
work, acquisition and improvements within such assessment district,
and (iii) the assumption of jurisdiction over the applicable portions
of the City of Orange and the County of Orange for all purposes of
the proceedings relating to the assessment district.
BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL
OF THE CITY OF TUSTIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines
that the Petition has been signed by the owners of more than 60 per-
cent of the property in the area subject to assessment for the pro-
posed acquisitions and improvements hereinafter described and hereby
grants the Petition and hereby determines~that the situation
described in Clause 3 in Section 2804 of the ~Streets and Highways
Code exists and that the Majority Protest Act of 1931 shall not apply
to the proceedings hereinafter provided for.
SECTION 2. The public interest and convenience require
the construction of the improvements hereinafter described.
SECTION 3. It is the intention of the City Council to
order the work, acquisitions and improvements to be made for the City
of Tustin Assessment District No. 86-2, the exterior boundaries of
which are hereinafter specified and described in Section 4 hereof,
the work, acquisitions and improvements being as set forth on
Exhibit A attached hereto. Except as in this Resolution otherwise
specifically provided, all the work, acquisitions and improvements
shall be made and done pursuant to the Municipal Improvement Act of
1913.
94691.9.2535.01:9
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SECTION 4. The City Council hereby declares that the
territory within the boundaries hereinafter specified and described-
is the assessment district to be benefited by the work, acquisitions
and improvements to be made and to be assessed to pay the cost and
expenses thereof; that the expense of ~he work, acquisitions, and
improvements (including administrative costs) is hereby made charge-
able upon the assessment district; and that the exterior boundaries
of the assessment district are hereby specified and described to be
as shown on that certain map now on file in the office of the City
Clerk of the city of Tustin entitled "Proposed Boundaries, Assessment
District No. 86-2 City of Tustin" which map indicates by a boundary
line the extent of the territory included in the proposed assessment
district and shall govern for all details as to the extent of the
assessment district. On the original and copy of the map of such
assessment district on file in the Clerk's office, the Clerk shall
endorse the certificate evidencing the date and adoption of this
Resolution. The Clerk shall file the original of such map in her
office and, within fifteen (15) days after the adoption of the
Resolution fixing the time and place of hearing on the formation and
extent of the assessment district, the Clerk shall file a copy of
such map so endorsed in the records of the County Recorder, County of
Orange, State of California.
SECTION 5. Ail public streets, alleys, easements and
ways, and all publicly owned property in the assessment district in
use in the performance of a public function shall be omitted from the
assessment hereafter to be made to pay the cost and expenses of the
improvements.
SECTION 6. The City Council further declares that it is
its intention to enter into an agreement with Southern California
Edison Company, Southern california Gas Company, Pacific Bell, Irvine
Ranch Water District, Community Cablevision,. American Cable
Television Inc. of California, and Cablevision of Orange, public
utilities, pursuant to Section 10110 of the Streets and Highways
Code, regarding the construction and installation of certain facili-
ties, the cost of which shall be assessed upon the real-property ben-
efiting therefrom and title to which shall vest, upon completion, in
said public utilities.
SECTION 7. Notice is hereby given that bonds to represent
unpaid assessments, and initially to bear interest at a variable
interest rate, at a rate of not to exceed the greater of twelve per-
cent (12%) per annum, or the maximum rate of interest then permitted
by law, payable as provided therein, will be issued hereunder in the
manner provided by Division 10 of the Streets and Highways Code (the
Improvement Bond Act of 1915), including Part 6.5, and the last
installment of such bonds shall mature in not to exceed 39 years from
the second day of September next succeeding 12 months from their
94691.9.2535.01:9
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date. Pursuant to Section 8650.1 of said Code, the City Council may
determine to issue said bonds (which bonds may include serial bonds)
so that other than an equal annual proportion of the principal amount
shall mature each year. Pursuant to Section 8769 of the Streets and
Highway Code, the City Council hereby determines that the City will
not obligate itself to advance available funds from the City's trea-
sury to cure any deficiency which may occur in the bond redemption
fund. Notwithstanding such determination, the City may, in its sole
discretion, advance funds to cure any such deficiency.
SECTION 8. Pursuant to Section 8571.5 of the Streets and
Highways Code, the City Council hereby determines that the bonds
issued to represent unpaid assessments may be refunded. The condi-
tions under which such bonds may be refunded shall be as determined
by the City Council and in accordance with the refunding provisions
set forth in the Indenture of Trust to be executed in connection with
the issuance of the bonds (the "Indenture of Trust"). The refunding
bonds shall bear interest at a rate not to exceed the greater of
twelve percent (12%) per annum or the maximum rate of interest then
permitted by law. The last maturity of the refunding bonds shall not
exceed 39 years from the second day of September next succeeding 12
months from their date. Any adjustment to assessments resulting from
the refunding of the bonds ~hall be done on a pro rata basis or on
such other basis as shall be required by law at the time of issuance
of the refunding bonds.
SECTION 9. The city Council further hereby declares that
it is its intention to covenant that upon default of any assessment
payment due and upon written demand as specified in the resolution of
issuance of the bonds, it will cause foreclosure proceedings to be
brought as specified in the resolution of issuance of the bonds, all
as permitted by Section 8830(b) of the Streets and Highways Code.
SECTION 10. Pursuant to Section 8680 of the Streets and
Highways Code, the City Council hereby determines that a penalty of
two percent per month of the total amount of a delinquent installment
shall be added to such delinquent installment after the close of
business on the delinquency date and an additional penalty of two
percent of the amount of the delinquency shall be added at the begin-
ning of business on the tenth day of each succeeding month until such
delinquent installment and all penalties thereon are fully paid.
SECTION 11. The City Council further hereby declares that
it is its intention to create a special reserve fund to be used for
one or more of the purposes provided in Sections 8880-8887 of the
Streets and Highways Code.
94691.9.2535.01:9
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SECTION 12. The City Council hereby finds and determines
that if the assessment proposed ~erein results in a surplus in the
improvement fund to be provided for in the proceedings hereafter
taken pursuant to this Resolution, after the improvements are com-
pleted, the surplus shall be applied as a credit on the assessment,
unless the City Council hereafter otherwise provides by resolution,
all in accordance with the provisions of Sections 10427 through
10427.5 of the Streets and Highways Code.
SECTION 13. Whenever, in the Municipal Improvement Act of
1913 or the Improvement Bond Act of 1915 a notice, resolution, order
or other matter relative to said proceedings for the work, acquisi-
tions and improvements in said assessment district is required to be
published, the City Clerk is hereby ordered to publish such notice,
resolution, order or other matter in the Tustin News, which is hereby
selected by the City Council for that purpose.
SECTION 14. The City Council hereby refers the proposed
work, acquisitions and improvements to the Engineer of Work in accor-
dance with Section 10203 of the Streets and Highways Code, and hereby
directs the Engineer of Work to make and file with the City Clerk a
report in writing containing the matters specified in Section 10204
of the Streets and Highways Code.
SECTION 15. Pursuant to Section 20485 of the Public
Contracts Code, the property owner of the property within proposed
City of Tustin Assessment District No. 86-2, being the owner of all
lands to be assessed, may exercise its option to take the contract
for the construction of improvements within said assessment district,
subject to the requirements of said Section 20485. Nevertheless,
pursuant to Section 20487 of said Code, the City Council hereby
reserves the right subsequently to make the finding that, in its
opinion, the public interest will not be served by allowing the prop-
erty owner to take the contract for construction of the improvements
and that the property owner may not elect to take such a contract
pursuant to Section 20485.
94691.9.2535.01:9
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SECTION 16. The D'irector of Public Works/City Engineer is
'hereby designated as the Superintendent of Streets of the City of
Tustin in connection with the proceedings relating to and the con-
struction or acquisition of the above described improvements.
PASSED, APPROVED AND ADOPTED this 13th day of June, 1988.
MAYOR
ATTEST:
CITY CLERK
94691.9.2535.01:9
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EXHIBIT A
ASSES&MENT DISTRICT ~-2 -
CITY OF- TUSTIN
DESCRIPTION OF PROPOSED 'WORKS OF IMPROVEMENT
The 'dealgn and construction of certain grading, paving, base,
curbe and gutters, parkway..drainagao Intersection werk, atreet
light., signing, atriplng, landscaping, water, sewer, reclaimed
water, gas. electric, telephone and cable television utilitiee,
together with eppurtanance~ and appurtenant werk for the *
following roadways:
City of Tuatln
Irvina Boulevard - the Improvement of Irvine Boulevard to its
ultimata street section along the north aide from 650+ feet
weetarly of Tuatin Ranch Road to Jamboree Reed.
Tustln Reach Read - the improvement of Tuttis Ranch Road
to it. uitinmte street section between Irvine Boulevard sad
Jmnborae Road.
Tustln Ranch Road Inter, hinge at the I-8 Freeway - funding
for 28 percent ~f the total Interchange ~onetruction project
and right of way acquJiitton.
Portals Parkway - the Improvement of Portola Parkway to its
ultimate street section between Jamb.tee Road end Tuatin
Ranch Reed.
La Colin. Read - the Improvement of La Coilna Road to its
uitlm~e street sea-lion between Tuatln Ranch Read and the
we"tern City boundary.
Jamboree Road - the improvement to ultimate width af the
west side (three Imuthbound lanes) and Impravementof east
side (two northbound I~nee) between Irvtne Boulevard and
Tuatln Ranr. h Read Including a bridge at Pater. Canyon Wash.
Jamboree Read - the Improvement of . four-lane roadway
between Tu~tln Ranch Road end the Northern Tustln City
limit".
City of Or, nee
Jmnkmree Road - the Improvement of · four-lane roadway
between the Tu.tin City limit" and Canyon View Avenue.
Jo,bore Road - the improvement of four-tans roadway
between ~;anyon View Avenue and existing Chapman Avenue
in the City of Orangs. As.e.~mant DI.trict No. M-l, City of
Orange, will contribute funds to thio project.
Tho construction of traffic signal improvements at major
Intar.ectlonl end proposed projeat entry streets:
Clty of Tuetln
Jamboree Ro. cl
Tuatin Ranch Ro~d
irvine Boulev.rd
Portole Parkway
8 full aignale
5 full .!gnala
full signal, 3 half signals
1 full signal
City of Orange
- Jamboree Road - two full aignale, one half signal.
Flood Control Facilities - the improvement of the following master
planned drainage fecilitlee in the City of Tultin:
- Lower Peters Canyon Retarding Brain.
Jembor~ W~st storm drain from J~ree Ro~d to peters
Canyon Waeh Eastern Inlet etorm drain.
Petara Canyon Weeh Eastern Inlet Mom drain between
Jamboree Ro~d end Peters Canyon Retarding Bi. in.
The grading of in accm ro~d and storm drain installation
between Tuetln Ranch Road lnd Lower Peters Canyon
Retarding Bi. in.
Regional Trail in the City of Tuetln "the Improvement of a
regional blcycteo equeetrleno and hiking trails from Peters Canyon
Regional Park along Lower Lake Drive, Tuetln Ranch Road and
Portole Parkway through it. croeeing of Jamboree Road et Peter.
Canyon Waah.
Proposed Acquisition It.ma In the City of TusUn:
Cieering end tree removal elon9 Jamboree Road from Tustin
R~nch Rcmd to existing Chepnmn Avenue.
Gr~llflg for A.s~m~nt Dietrlct street Improvements within
Tr.ct 12870: Tuetin Ranch Road, La Colin. Road, Portola
Parkway, Jemkmree Ro~d to Tuetin Ranch Reed.
Rev. 5/19/88
RESOLUTION NO. 88-62
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN APPROVING THE
PRELIMINARY ENGINEER'S REPORT RELATING
TO ASSESSMENT DISTRICT NO. 86-2 AND
SETTING THE TIME AND PLACE FOR THE
HEARING FOR PROTEST TO THE PROPOSED
IMPROVEMENTS RELATING TO ASSESSMENT
DISTRICT NO. 86-2
WHEREAS, the City Council of the City of Tustin by its
Resolution No. 88-60, adopted June 13, 1988, appointed Willdan
Associates as Engineer of work to do and perform all engineering work
necessary in and for the proceedings, including the description and
improvements to be constructed, estimate of costs, diagram and
assessment; and
WHEREAS, the City Council of the City of Tustin by its
Resolution No. 88-61, adopted June 13, 1988, directed the Engineer of
work to make and file with the City Clerk a report in writing con-
taining the matters specified in Section 10204 of the Streets and
Highways Code of the State of california; and
WHEREAS, said report is on file with the City Clerk and is
attached hereto as Exhibit A (the "Report").
BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL
OF THE CITY OF TUSTIN AS FOLLOWS:
SECTION 1. The Report, including the plans, specifica-
tions, general description, estimate of the costs of acquisitions and
improvements and incidental expenses, diagrams and proposed assess-
ments are preliminarily approved.
SECTION 2. In accordance with Section 10301 of the Streets
and Highways Code, a hearing for protest to the proposed improvements
94691.9.2535.05:2
shall be held on July 18, 1988, at 7:00 p.m. in the City Council
Chambers at Tustin City Hall, located at 300 Centennial Way in the
City of Tustin. The City Clerk shall give notice of such hearing as
required by Sections 10300-10312 of the Streets and Highways Code.
PASSED, APPROVED AND ADOPTED this 13th day of June, 1988.
ATTEST:
MAYOR
CITY CLERK
94691.9.2535.05:2
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