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HomeMy WebLinkAboutCC RES 86-093RESOLUTION NO. 86- 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE ASSESSMENT IN THE CITY OF TUSTIN ASSESSMENT DISTRICT NO. 85-1, ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY WHEREAS, the City Council of the City of Tustin, by Resolution No. 86-81 heretofore adopted by the Council on June 16, 1986, declared its intention to order the work to be done and the improvements to be made as described in that res61ution in an assessment district to be des'ignated City of Tustin Assessment Distr. ict No. 85-1, as shown and designated on that certain map refer.red to in Resolution No. 86-81, 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 ]3 Engineer, and directed it to make and file with the City Clerk a report in writing; an.d ~ 1~ WHEREAs, the Engineer duly filed with the City Clerk a 15 eport in writing, including plans and specifications of the proposed · mprovement, a general description of works, appliances or property ~ to be acquired, and estimate of the costs of the improvements and of the land, rights of way, easements and incidental expenses in connec- t? tion with the improvements, a diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within ~'8 the District as they were expected at the time the resolution was adopted, and a proposed assessment of the total amo~t of the costs 19 and expenses of the proposed improvements upon tke several subdivi- sions of land in the assessment district in proportion to the esti- 90 ted benefits to be received by such subdivisions from the improve- nts, all in accordance with Sections 10203 and 10204 of the 91 California. Streets and Highways Code; and WHEREAS, the Council, by resolution No. 86-83 heretofore. dopted on June 16, 1986, preliminarily approved the Engineer's 23 report and fixed Monday, July 21, 1986 at 7:00 p.m. in the chambers f the City Council, City Hall, 300 Centennial Way, Tustin, 2~ li'fornia, as the time and place for hearing protests or objections o the proposed acquisitions and improvements, the extent of the 25 ssessment district and the 'proposed assessment, and provided for tice of the hearing.; and WHEREAS, the sole Landowner of property to be assessed in 97 he District has requested by letter dated July 2, 1986, that a .9....8 oject, be 'deleted from the plan of works, and a project be acquired 10 27 by the District, and the Council, by Resolution No. 86-90 heretofore adopted by the Council on July 14, 1986 has approved the deletion an_d acquisition as requested, all in accordance with Sections 10352 a~ 10353 of the California Streets and Highways Code; and WHEREAS, an Amended preliminary Engineer's Report has been submitted to reflect the deletion and acquisition as requested, such report having been duly filed with the City Clerk and attached hereto as Exhibit A; and WHEREAS, the City Clerk has filed with the Council a decla- ration' setting forth the time and manner of compliance with the requirements for publishing, posting and mailing notices of the pas- sage of Resolution No. 86-83 and of the time and place for hearin9 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 ~)r objections to the proposed acquisitions an4 improvements have been published, posted and mailed in the time, form and manner required by .law; and ,, WHEREAS, pursuant to Sections 15153 and 15164 of the CEQA guidelines, the previous EIR for the East Tust~n Specific Plan (85-2) and EIR for the Phase I Residential (84-3) has been prepared, certi- fied and considered which adequately addresses the general environ- mental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related to eac~ significant effect for the proposed project. The City Council- having final authority over this project, has reviewed and consider~ the 'information contained in .the previous environmental impa¢. reports and addendum prior to approval of this project, and adopted Resolution 86-89, certifying EIR the 85-2 and 84-3 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 ~he City Clerk at or before the time set for said hearing wit~ 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 POLLOWS: -2- SECTION 1. The Council hereby confirms the propose~ assessment in the amount of $50,650,000 an~ ~eclares that the report of the Engineer, as amen~e~, including the plans, specifications, ~escript~on of &cquisit~ons, estimate of the cost of the imp=ove- ments, assessments, boundary map an~ ~iagram, are hereby finally a~opte~, accepte~, con-firme~ an~ approve~. The Council hereby con- firms a~itional assessments for the payment of incidental expenses permitte~ un,er the Streets an~ Highways Co~e in the amounts to be determine~ by subsequent proceedings of the City. ' SECTION 2. The Council hereby or,ers the wo=k, acquisi- tions an~ improvements ~escribe~ in Resolution No. 86-81, as mo~ifie~ by Resolution No. 86-90, and in the report of the Engineer, as amen~e~, to be ~one an~ ma~e. 8 SECTION 3. The City Clerk shall transmit to the 0 Superintendent of Streets of the C~ty of Tustin the-~iagram an~ assessment, an~ the Superintendent of Streets. ~s hereby ~rected to 10 re¢or~ the ~agram an~ assessment in his off~¢e ~n a substantial book kept for that purpose an~, in a~ition, the Cit~ Clerk is to recor~ forthwith a Notice of Assessment in the Office of the Recorder, 11 County of Orange, an~ upon the date of such recordation in the Recor~er~s office the assessment shall b~come a lien upon the lands 12 upon which it is levied, and 'upon the date of recordation in the lg Superintendent of Street's office, the assessments shall become due an~ payable, all pursuant to the Municipal Improvement Act of 1913. SECTION 4. The C~ty Treasurer of the C~ty of Tustin is 15 hereby ~es~gnate~ to collect an~ receive the money pai~ pursuant to the assessment, in the manner prescribe~ by law. SECTION 5. The 'City hereby confirms that references to 17 the "East Tustin Special Assessment Distri¢~ No. 1' in certain of the proceedings referred to above shall be deemed to refer to the City of 18 Tustin Assessment District No. 85-1. · 19 PASSED, APPROVED AND ADOPTED this 21st day of July, 1986. 20 - 21 22 o 27 28 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) · .o. MARY E. WYNN, City Clerk and of 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 the foregoing resolution was duly adopted at an adjourned regular, meeting of the City Council, held on the 21st day of July, 1986, by the following vote. AYES: 5 COUNCILMEMBERS~ 5dga~, Hoeste~ey, Kelly, Kennedy, · Saltarelli 0 COUNC ILMEMBER$ NOES: _ 0 ~OUNCILMEMBERS ABSENT: ~ ~ITY OF TUSTIN, CALIFORNIA