HomeMy WebLinkAbout02 LVY AN. ASSESS TLLD 06-18-01AGENDA REPORT
MEETING DATE: JUNE 18, 2001
340-60
NO.; 2
0,~_-.18-O 1
/
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT:
PUBLIC HEARING AND CONSIDERATION OF THE LEVY OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
FOR FISCAL YEAR 2001-2002
SUMMARY
The City Council will conduct a Public Hearing and providing there is no majority protest, adopt
Resolution No. 01-59 confirming the annual assessments for Fiscal Year 2001-02.
The City Council, at their meeting of March 5, 2001, adopted Resolution No. 01-19 which ordered
the preparation of an Engineer's Report for the levy of annual assessments for the Tustin
Landscape and Lighting District.
Subsequently, at their meeting of May 7, 2001, the City Council adopted the following resolutions:
Resolution No. 01-45 approving the Engineer's Report for Fiscal Year 2001-02; and
Resolution No. 01-46 declaring the City Council's intention to levy assessments for Fiscal
Year 2001-02 and set a public hearing for June 18, 2001.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Open the Public Hearing to receive testimony on the proposed levy of annual assessments
for the Tustin Landscape and Lighting District for Fiscal Year 2001-02. (Written protests
may be submitted to the City Clerk during the public hearing).
2. Close the public hearing. (Written protests will no longer be accepted).
3. Providing there is not a majority protest, it is recommended that the City Council adopt
Resolution No. 01-59 confirming the annual assessments for Fiscal Year 2001-02.
FISCAL IMPACT
The landscape maintenance and public street lighting expenses within the Tustin Ranch area will
be recovered through the levy of the annual assessments for the District. Proposition 218
requires publicly owned property which benefits from the improvements to be assessed. The
City's proposed assessment for FY 2001-02 on parkland within the District is $7,289.59.
Public Hearing and Consideration of the Levy of Annual Assessments for the Tustin Landscape
and Lighting District For Fiscal Year 2001-2002
June 18, 2001
Page 2
BACKGROUND/DISCUSSION
As a result of new procedures required by the passage of Proposition 218 on the November 1996
Statewide ballot, which added Article XIID to the State Constitution, the City re-analyzed the
District regarding the special benefits associated with the improvements for each property in the
District, commencing with the 1997-98 Fiscal year. Notices and ballots to approve the
assessment including future adjustments based on increases in the Consumer Price Index (CPI)
were mailed in the spring of 1997 to all property owners in the District. Subsequently, at the
conclusion of a public hearing on July 7, 1997, the majority of returned ballots, weighted by
assessed amount, approved the annual assessments.
Based on the results of the ballot proceedings, the base assessment rate for Fiscal Year 1997-98
may be increased in subsequent years by no more than the increase in the CPI for all urban
consumers for the Los Angeles, Anaheim, and Riverside area. However, the intent of applying the
annual CPI adjustment to the base assessment rate is to maintain the value of the maintenance
work in relation to the increased cost of the maintenance work. Therefore, the rates applied in FY
1997-98 are equal to maximum rates today when the increase in the CPI is considered. The
percent increase in the CPI from February 2000 to February 2001 was 3.7%. In past years, it was
not necessary to increase the assessments by the total amount allowed by the CPI to cover the
associated costs. Last year's assessment rates were not increased although the CPI increased
2.8%. This year assessments have increased by the summation of this year's CPI (3.7%) and last
year's CPI (2.8%) resulting in a total increase of 6.5%, due to increases in energy costs and labor
costs. In the event energy costs stabilize at an amount that will require an increase in
assessments greater than the allowable increase in CPI, it will be necessary to conduct another
Proposition 218 Ballot Measure in FY 2002-03 to allow an assessment greater than the CPI
increase to be levied.
Each year the City determines how much it will cost to provide the street lighting and landscape
maintenance services in Tustin Ranch. This total cost is divided among the parcels on a
proportionate share, based on a report prepared by consultant engineers. The precise method
used to establish each parcel's special benefit may vary according to land usage and benefit area,
but similar parcels with equal benefit from the District pay equal assessments.
There are approximately 5612 parcels within the District as compared to 5408 parcels for FY
2000-01. The District includes three separate benefit areas based upon the special benefits
received. Properties located in Benefit Area A pay only for arterial and collector lighting.
Properties located in Benefit B pay for arterial and collector street lighting as well as parkway,
slope, and trail landscaping. Properties are located in Benefit Area C if they have the previously
mentioned benefits along with local residential street lighting. Those parcels that pay for local
residential street lighting are located within the tracts that have public streets.
Public Hearing and Consideration of the Levy of Annual Assessments for the Tustin Landscape
and Lighting District For Fiscal Year 2001-2002
June 18, 2001
Page 3
Typically, owners of single-family residential parcels in each area pay an equal share. The
proposed assessment to be paid by single-family residential parcels in each of the following
benefit areas are:
Arterial & Collector Street Lighting (ACLT) ....................................... $8.40 per year
ACLT & Parkway Slope & Trail Landscaping (PSTL) ...................... $55.54 per year.
ACLT & PSTL & Local Residential Lighting (LRLT) ......................... $76.38 per year
The total costs to be assessed for lighting and landscape maintenance for Fiscal Year 2001-02
are $79,775.00 and $361,791.00, respectively, for a total operating and maintenance assessment
of $441,556.00.
The Engineer's Report prepared by Harris & Associates has been filed with the City Clerk and
contains the following proposed levy of assessments for Fiscal Year 2001-02 along with a
comparable listing to last year's assessment.
ASSESSMENT RATE SUMMARY BY LAND USE
FY 2000-01 FY 2002.02
BENEFIT AREA A
LAND USE ACLT
Single-Family Res
(S/Dwelling Unit)
B C A B C
ACLT + ACLT + ACLT ACLT + ACLT +
PSTL PSTL + PSTL PSTL +
LRLT LRLT
$52.10/DU $71.82/DU $55.54/DU $76.38/DU
Multi-Family Res
(S/Dwelling Unit)
$39.08/DU $41.66/DU
Non-Residential (S/ac)
$312.60/ac $333.24/ac
Non-Res. Tustin Market PI.
(S/ac) $48.24/ac
$50.40/ac
Golf Course (S/ac)
$208.40/ac $222.16/ac
Vacant and Parks (S/ac) $104.20/ac $111.08/ac
Public Hearing and Consideration of the Levy of Annual Assessments for the Tustin Landscape
and Lighting District For Fiscal Year 2001-2002
June 18, 2001
Page 4
CONCLUSION
Adoption of Resolution No. 01-59 will confirm the levy of assessments for Fiscal Year 2001-02 for
the landscape, maintenance, and public street lighting expenses within the Tustin Ranch area.
Tim D. Serlet
Director of Public Works/City Engineer
Senior Project Manager-Transportation
TDS:DRA'ccg:TL&L Dist Levy 01-02 & Reso #01-59
Attachment
RESOLUTION NO. 01-59
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS
FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET
LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE
BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT FOR FISCAL YEAR 2001-02
WHEREAS, the City Council of the City of Tustin, California (hereinafter
referred to as the "City Council"), has adopted Resolution No. 01-19 initiating
proceedings for the annual levy of assessments for the payment of the expenses
of providing and servicing public landscaping and public street lighting in the
Tustin Ranch area within the boundaries of the Tustin Landscape and Lighting
District; and
1_0 WHEREAS, the City Engineer has prepared and filed with the City Clerk
1_] his report (the "Report") containing the matters specified in Section 22565 of Part
2 of Division 15 of the Streets and Highways Code of California as amended the
]9. "Code" and Proposition 218; and
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WHEREAS, the City Council has approved the report as filed on the 7th
day of May 2001, with the passage and adoption of Resolution No. 01-45; and
WHEREAS, the City Council heretofore by Resolution of Intention No. 01-
46 passed and adopted on the 7TM day of May 2001, 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.
01-46 fixed Monday June 18, 2001 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 in
accordance with Proposition 218, and the City Council hereby finds the
Resolution has been posted in the time, form and manner required by law; and
WHEREAS, the hearing was duly opened and held by the City Council at
the time and place for the hearing; and
WHEREAS, all verbal protests or objections made by property owners at
the hearing conducted on June 18, 2001, were formally received and reflected in
the City Council minutes of said meeting; and
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WHEREAS, the City Council received all written property owner protests
submitted prior to the conclusion of the hearing: 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 convenience require the maintenance,
servicing and operation of those certain public landscaping and lighting facilities
within the assessment district; and
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WHEREAS, all the assessed territory within said assessment district
would be specially benefited by the maintenance of improvements described in
the Resolution of Intention.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tustin as follows:
14 Section 1. The foregoing recitals are true and correct and the City
15 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
16 favor of the adopting of this resolution.
17 Section 2 The improvements consisting of the maintenance, servicing,
and operation of public landscaping and street lighting in the assessment district,
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as set forth in the Report, a copy of which is on file in the office of the City Clerk,
19 are ordered to be undertaken.
90 Section 3. The Annual Assessments for Fiscal Year 2001-02 as set forth
in the Report, copies of which are on file in the office of the City Clerk are hereby
9.1 confirmed.
9.2 Section 4. Passage of this Resolution shall constitute a levy of an
9.3 assessment for the fiscal year referred to in the assessment confirmed herein.
9.4 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
9.5 and the diagram and the assessment confirmed by the Resolution, or a certified
26 copy therefore, with the County Auditor of the County of Orange.
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the 18th day of June 2001.
Tracy Wills Worley, Mayor
ATTEST:
City Clerk
RESOLUTION CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
RESOLUTION No. 01-59
PAMELA STOKER, 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 passed and adopted at a regular meeting of the City Council held
on the 18th day of June 2001 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk