HomeMy WebLinkAboutCC RES 20-33DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
RESOLUTION NO. 20-33
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 2020-2021
WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the
"City Council"), has adopted Resolution No. 20-09 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
WHEREAS, the City Engineer has prepared and filed with the City Clerk 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, (hereinafter, the "Code"), and Proposition 218; and
WHEREAS, the City Council has approved the report as filed on the 5th day of May 2020,
with the passage and adoption of Resolution No. 20-24; and
WHEREAS, the City Council heretofore by Resolution of Intention No. 20-25 passed and
adopted on the 5th day of May 2020, 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, by said Resolution of Intention No. 20-25, fixed Tuesday,
June 2, 2020, at 5:00 p.m. before the City Council as the time and place for a hearing on levying the
proposed assessments, 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 protests or objections made by property owners at or before the hearing
conducted on June 2, 2020, were formally received and reflected in the City Council minutes of said
meeting; and
WHEREAS, the City Council received all 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
Resolution 20-33
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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
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 that it
determines and orders as follows:
Section 1: The foregoing recitals are true and correct and the City 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 favor of the adoption of this resolution.
Section 2: The improvements consisting of the maintenance, servicing, and operation of public
landscaping and street lighting in the assessment district, as set forth in the Report, a copy of which
is on file in the office of the City Clerk, are ordered to be undertaken.
Section 3: The Annual Assessments for Fiscal Year 2020-2021 as set 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 levy of an assessment for the fiscal year
referred to in the assessment confirmed herein.
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 and the diagram and the assessment confirmed
by the resolution or a certified copy therefore, with the County Auditor of the County of Orange.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 2nd day of June 2020.
DR. ALLAN BERNSTEIN,
Mayor
ATTEST:
fV (& geust4a
ERICA N. YASUDA,
City Clerk
Resolution 20-33
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California,
do hereby certify that the whole number of the members of the City Council is five; that the above
and foregoing Resolution No. 20-33 was duly and regularly passed and adopted at a regular meeting
of the City Council held on the 2nd day of June, 2020 by the following vote:
COUNCILMEMBER AYES: Bernstein, Clark, Puckett, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
fV (& geust4a
ERICA N. YASUDA,
City Clerk
Resolution 20-33
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