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HomeMy WebLinkAboutOB 1 E. TUSTIN ASSESS 05-06-85OT,D BUS TNE,q,c; ~ NO. 1 os/os/as Inter-Corn HONORABLE HAYOR AND CITY COUNCIL FROM: STAFF SUBJECT: EAST TUSTIN ASSESSMENT DISTRICT gBCOMMENDATION: That the Tustin City Council: 1. Accept the petition filed by The Irvine Company and order it filed. 2. Direct staff to review the petition and report back to the Council with recommendations for financing improvements in a portion of the East Tustin area. 3. Approve the above subject to a reimbursement agreement (scheduled for City Council consideration at its May 20, 1985 meeting) wherein The Irvine Company agrees to advance to the City the funds necessary to initiate the Assessment District proceedings. A ~ OLD BUSINESS · NO. 1 DATE: APRIL 25, 1985 TO: FROM: WILLIAM HUSTON, CITY MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: EAST TUSTIN ASSESSMENT DISTRICT RECOMMENDATION: That the Tustin City Council: 1. Accept the petition filed by The Irvine Company requesting formation of an Assessment District. 2. Direct staff to initiate the Assessment District proceedings. Approve the above subject to a reimbursement agreement (scheduled for City Council consideration at its May 20, 1985 meeting) wherein The Irvine Company agrees to advance to the city the funds necessary to initiate the Assessment District proceedings. BACKGROUND: On Wednesday, April 8, 1985, The Irvine Company (T-.I.C.) filed a petition to initiate an Assessment District on a portion of the East Tustin area. This proposed Assessment District covers an area generally bounded by Irvine Blvd. on the north, Myford Road on the east, the Santa Ana Freeway on the south and Browning Avenue on the west except for the area known as Ranchwood Homes (Tract No. 6621). A copy of this petition and the transmittal correspondence is attached for information. In general, special Assessment District procedures allow for the financing and construction of public works improvements by assessing the costs of such improvements to all benefiting properties. The interest accruing on these assessment bonds issued to finance public works improvements is exempt from California and federal income taxes and the principal amount of the bonds is secured by unpaid fixed asset liens on the involved properties. The two Assessment District Acts which are proposed in the subject petition for the East Tustin Assessment District are the 1913 Act for assessment proceedings and the 1915 Act for the sale of bonds. The issuance of serial bonds are usually in denominations of $5,000.00 or $10,000.00 to represent the total amount of all assessments which are unpaid within the Assessment District. The Assessment District boundaries are delineated on the attached map which is a part of the attached petition, as are a general description of the proposed public improvements. DISCUSSION: Once the City Council has accepted the petition and authorized the initiation of the Assessment District proceedings, the procedure under the 1913 Act would be generally as follows: EAST TUSTIN ASSESSMENT DISTRICT APRIL 25, 1985 PAGE 2 1. Engagement of the following consultants: a. Assessment Engineer. b. Bond Counsel/financial consultant. c. Design Engineer for public improvements. d. Environmental consultant, if required. 2. Design Engineer prepares plans, specifications and cost estimates for public improvements. 3. Confirmation of environmental clearance. Assessment Engineer prepares engineer's report to include the assessment diagram, boundary map, assessment roll, method of cost spread and description of improvements. ® Preliminary engineer's report presented to City Council for approval and adoption of a Resolution of Intention, City Council sets public hearing date (at least 30 days thereafter). 'At this time Council may authorize the call for construction bids and authorize the sale of bonds. Assessment notices are mailed to property owners at least 20 days before the public hearing date. 6. Assessment Engineer modifies the assessment roll and engineer's report to reflect actual construction bids and bond btd amounts. 7. City Council holds public hearing, orders the work, confirmsthe assessments, and approves the bond sale. 8. The property owner(s) has the option of paying off the assessment or allowing the assessments to go to bond. The Assessment District boundary includes 575 gross acres and has an estimated improvement and administrative cost of $36,000,000.00. This Assessment District will only affect the current and future property owners within the proposed area of assessment. It will not financially impact any city residents outside the proposed assessment area. If desired by the City Council, a workshop can be scheduled to provide additional detailed information on the proposed district and respond to any additional questions that may arise. Bob Ledendecker Director of Public Works/City Engineer BL:jr Attachment RECEIVED April 8, 1985 Tustin City Council 300 Centennial Way Tustin, CA 92680 SUBJECT: East Tusti9 Assessment District Dear Mayor Greinke and Members of the Council: APR 0 9 i985 TUSTINay ,, c WqRKS DEPT. The petition requesting formation of an assessment district by the City of Tustin to finance public improvements required for the development of the auto center and residential housint in the East Tustin area is enclosed. The scope of work'includes improvements to existing and new arterial highways in East Tustin, a fair share contribution to funding the important Jamboree Road interchanie construction, roadway and related i~?rovements, as well as construction of the E1 Hodena Channel and other flood control facilities. All of the property subject to the assessment district is presently owned by The Irvine Company. The formation of the assessment district will permit the construction of major road improvements, flood control facilities and extension of utilities in the East Tustin area which will benefit the residents of the City of Tustin. In addition, the formation of the district vii1 permit us to provide some of these needed facilities well in advance of the time they would otherwise be developed. The creation of the district is intended to supplement and not preclude other public funding sources for transportation, flood control, and related improvements, includin$ City contributions for Laguna Road. We are prepared to advance funds to the City, to offset costs incurred by the City prior to the district's formation and bond sale. However, the execution of a formal Reimbursement Agreement will be necessary, with Council consent, to guarantee repayment of our advance of funds. Design of the Laguna Road and Jamboree Road improvements is near completion, In order to meet the schedule for development of the Auto Center, the construction contract for these road improvements should be awarded by June 3, 1985. As noted above, we will advance the necessary funds in order for this work to be accomplished as a City-awarded public works construction contract. In conjunction with the solicitation of bids for any public works contract, we request the option be retained for our Company to manage the work, as provided for in Public Contracts Code Section 10485. 550 Newport Center Drive, P.O. Box l, Newport Beach, California 92658-8904 · (714) 720-2000 We recognize that certain {~.?rovements, including the Jamboree Interchange and E1 Modena Channel are possibly more "regional" in nature, and may require additional flexibility in allocating costs on the basis of benefits received. Your help in considering this matter with us in the future, including the possibility of using a Mello-Roos financing for these special improvements, will be most appreciated. We have previously reviewed the general scope and procedures involving the district with the City Manager and staff. Additionally, we are available to meet with you and City staff at your convenience to review in further detail the scope of proposed improvements and respond to any questions you may have. We appreciate your consideration of the enclosed petition. ~Ver~y. truly rs, Brad Olson Vice President Co~,uity Development Enc lo sure cc: WilliamHuston Donald Lamm Ronald Nault -2- CITY OF TUSTIN ASSESSMENT DISTRICT (EAST TUSTIN AREA) To the Honorable Mayor and Council of the City of Tustin: The undersigned petitioners and property owners, owning property within the boundaries of a proposed assessment district, as said area is shown on a map attached hereto, request the City Council to initiate proceedings for the formation of a special assessment district, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, to be financed through bonds under the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of said code. The petitioners hereby request as follows: A. The proceedings and improvements shall include the construction and/or acquisition of certain street, drainage, utilities and bridge improvements, together with appurtenances and appurtenant work, as said improvements are generally described in the attached and referenced Exhibit A and shown on the map attached hereto. B. The property owners hereby expressly waive the proceedings required and all limitations under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California and as authorized by Section 2804 of said Streets and Highways Code. C. This assessment district shall hereinafter be known and referenced as the East Tustin Area. D. The property owners further acknowledge that all costs and expenses including incidental expenses in the assessment district will be assessed in accordance with the benefits received from the work of improvement. E. The property owners further request that all efforts and attempts be made so that the proceedings and the Resolution of Intention can be adopted at the earliest date. - 1 - This petition was filed with the City Clerk of the City of Tustin on this day of , 1985. City Clerk This Petition represents percentage of the assessable acreage within the boundaries of the assessment district. Superintendent of Streets THE IRV~ By: - 2 - EXHIBIT A ASSESSMENT DISTRICT (EAST TUSTIN AREA) A® Be The construction of certain grading, paving, base, curbs and gutters, parkway, drainage, intersection work, street lights, signing, striping, landscaping, and utilities, together with appurtenances and appurtenant work for the following roadways: Irvine Boulevard - the improvement of Irvine Boulevard to its ultimate section along the south side, easterly of Browning Avenue to Myford Road, including the construction of drainage facilities and utilities. Bryan Avenue - the widening of Bryan Avenue to its ultimate street section between Browning Avenue and Myford Road including drainage facilities and utilities. Laguna Road - the full-width improvement of Laguna Road between Browning Avenue and Myford Road including drainage facilities, a portion of which will be publicly funded including drainage and utilities. Browning Avenue - the widening of Browning Avenue along its east side between the Santa Ana Freeway and southerly of Irvine Boulevard including drainage facilities and utilities. Jamboree Road - the full-width improvement of Jamboree Road between the Santa Aha Freeway and Irvine Boulevard including drainage facilities and utilities. Myford Road - the widening of Myford Road along the west side to ultimate width section between Santa Aha Freeway and Irvine Boulevard, including the realignment of Myford Road between Bryan Avenue and Irvine Boulevard including drainage facilities and utilities. The construction of traffic signal improvements at the following intersections: o Laguna Road at Browning Avenue o Laguna Road at Jamboree Road o Laguna Road at Myford Road - 1 - Ce o Browning Avenue at Bryan Avenue o Bryan Avenue at Myford Road o Myford Road at Irvine Boulevard o Jamboree Road at Irvine Boulevard o Jamboree Road at Bryan Avenue o Jamboree Road at Auto Center Entry Jamboree Road interchange at Santa Ana Freeway - fair share participation in the full improvement of the Jamboree Road interchange at the Santa Ana Freeway including the bridge overcrossing of the Santa Ana Freeway and traffic signals Flood Control Facilities - the improvement of the following master planned drainage facilities: o E1 Modena Channel between Browning Avenue and the Santa Aha Freeway. o F07S04 Channel o F07S02 Channel - 2 - COUNTY ~ OF ORANGE ~:-. ~ ROAD ®,;:: , f! "~ ..... _ gnNgAVl '/ { ~l: / ~NI~ ROMa/ Il ./, ~ ~ -~ ..~ , 0~. m~ ~_ 0m O~ 0,~ 0 0 ' ~ I ~ ~ I I