HomeMy WebLinkAboutCC RES 97-062 RESOLUTION NO. 97-62
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
2 CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS
FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING
B EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES
OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT BEGINNING
4 WITH FISCAL YEAR 1997-98
WHEREAS, the City Council of the City of Tustin, California .(hereinafter
6 referred to as the .City Council"), has. adopted Resolution No. 97-23 initiating
proceedings for the annual levy of assessments for the payment of the expenses of
7 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
8
9 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
10 Division 15 of the' Streets and Highways Code of California as amended and Proposition
218; and
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12 WHEREAS, the City Council has approved the report as filed on the 19t~ day of
May 1997, with the passage and adoption of Resolution No. 97-41; and
13
WHEREAS, the City Council heretofore by Resolution of Intention No. 97-42,
14 passed'and adopted on the 19t~ day of May 1997, declared its intention to provide for an
15 annual levy of assessment for improvement, maintenance and servicing of public
landscaping and street lighting facilities within the boundaries of the territory included
16 within the Tustin Landscape and Lighting District; as more fully described in said
Resolution of Intention; and
17 =
WHEREAS, the City Council, in and by said Resolution of Intention No. 97-42
18 fixed Monday July 7, 1997 at 7:00 p,m. before the City Council at the City CoUncil
19 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
20
WHEREAS, the City Clerk has filed with the City Council an affidavit setting
21 forth the time and manner of compliance with the requirements for posting and publishing
22 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
23 time, form and manner required by law; and
24~ WHEREAS, the hearing was duly 'opened and held by the City Council at the time
and place for the hearing; and
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26 WHEREAS, all verbal protests or objections made by property owners at the
hearing conducted July 7, I997, were formally received and reflected in the City Council.
27 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, the City Council received all assessment ballots submitted prior to
the conclusion of the hearing; and
WHEREAS, the City Council directed the City Clerk to tabulate the assessment
ballots and to report the results to the City Council, and separately directed the City Clerk
to report as to whether a majority protest exists; and
WHEREAS, the City Clerk reported that the majority of assessment ballots
support the assessment and that no majority protest exists; 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
WHEREAS, all the assessed territory within said assessment district will 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:
Section 1: The foregoing recitals are true and correct and the City Council so
finds and determines the assessments were ratified by the property owners pursuant to
Proposition 218 assessment ballot proceedings and that no majority protest exists.
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 beginning with the Fiscal Year 1997-98,
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.
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PASSED AND ADOPTlED at a regular meeting of the City Council of the City of
Tustin held on the 7th day of July 1997.
1
3 M,or
ATTEST:
4
5 'x~~~ ..
City Clerk
6
7
8 ~SOLU~ON CER~CAE
STAt OF C~FO~ )
10 CO~Y OF O~GE ) ss.
11 ., . C~ OF ~S~ ) :'
12 ~SOL~ION NO. 97-62'
13 P~LA STO~K Ci~ Clerk ~d ex-officio Clerk of the Ci~ ofCoun~ of~e Ci~
145 of Tu~ C~o~ does hereby ~n~ that the whole nmber of the members of the Ci~
Council of the Ci~ of Tust~ is' five; ~at the ~ove ~d foregong Resolution w~ p~ ~d
15 Mopt~ at a re~l~ meethg of the Ci~ Counc~ held on ~e 7~ day of July, 1997 by the
foBo~g vote:
16
17 CO~C~~ A~S: TH0~S, SALTARELLI, DOYLE, POTTS, WORLEY
CO~C~~ER NOES: ~O~E
18 CO~C~~ER ~ST~D: HO~E
CO~C~~ER ~S~: ~O~E
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City Clerk
City of Tustin
300 Centennial Way
Tustin, California 92780
Owner's Name
Owner's Address
City, State, Zip Code
* ASSESSMENT BALLOT
CITY OF TUSTIN
LANDSCAPE AND LIGHTING
MAINTENANCE ASSESSMENT
SERVING TUSTIN RANCH
Zone:
Assessor's Parcel Number:
Parcel Address:
FY 1996 -97 Assessment Amount $
Proposed Assessment Amount $
This amount shall increase in
each succeeding year based on
changes to the CIP
This Assessment Ballot is for the use of the property owner of the parcel identified herein, which
parcel is subject to the proposed Assessment for street lighting and street and trail landscaping.
The ballot may be used to express either support for or opposition to the levy of annual
assessments beginning July 1, 1997. This proposed Assessment re I_p aces and is not in addition to
the landscape and lighting assessments currently on your property tax bill. In order to be counted,
this ballot must be i e in the space provided below by an owner or, if the owner is a
partnership or a corporation, by an authorized representative of the owner. The ballot must then
be delivered to the City Clerk, whether by mail or in person, as follows.
Mail Delivery: If by mail, place the ballot in the mail in sufficient time to be received no later
than July 7, 1997. If you ballot is not received by this time the ballot may not be counted.
Personal Delivery: If in person, deliver to the City Clerk at any time up to the close of the Public
Hearing on July 7, 1997, in the City Council Chambers, 300 Centennial Way, Tustin.
For additional information regarding the Assessment, please see the enclosed legal notice and
Assessment Information Brochure.
Please cut along this line and return the ballot below to the City Clerk
PROPERTY OWNER BALLOT
Assessor's Parcel Number:
Owner Name:
Owner Name:
Proposed Assessment Amount: $
Date
Yes, I SUPPORT the proposed assessment.
No, I am OPPOSED to the proposed assessment
Printed Owner's Name
Owner's Signature
05/20/97 15:48 FAX. 7148365906
City Clerk
City of Tustin
300 Centenial Way
Tustin, California 92780
V window of envelope
Owner's Name r
Owner's Address
city, State, Z' code
W vc
* PROPERTY OWNER BALLOT
ON PROPOSED ASSESSMENTS
CITY OF TUSTIN
LIGHTING AND LANDSCAPE
MAINTENANCE DISTRICT
Zone: ACLT, LRLT and/or PSTL
Assessor's Parcel Number: # # #- # # # - ##
Parcel Address: # # # ## ABCDE ST
FY 1996 -97 Assessment Amount $ # # #. ##
Proposed Assessment Amount: $ # # #. ##
(This amount may increase in each succeeding
year based on changes to the CPI)
This Assessment Ballot is for the use of the property owner of the parcel identified herein, which parcel is
subject to the proposed Assessment for public street lighting and street, trail and slope landscaping. The
ballot may be used to express either support for or opposition to the annual assessments beginning July 1,
1997. This proposed Assessment replaces and is = in addition to the landscape and lighting assessment
currently on your property tax bill. In order to be counted, this ballot must be giguA in the space provided
below by an owner or, if the owner is a partnership or a corporation, by an authorized representative of the
owner. The ballot must then be delivered to the City Clerk, whether by mail or in person, as follows:'
Mail Delivery: If by mail, place the ballot in the mai I in sufficient time to be received no later than July
7, 1997. If your ballot is not received by this time, the ballot may not be counted.
Personal Delivery: If in person, deliver to the City Clerk at any time up to the close of the Public Hearing
on July 7, 1997, in the City Council Chambers, 300 Centenial Way, Tustin.
For additional information regarding the Maintenance District, please see the enclosed legal notice and
Assessment Information Sheet.
x Please cut alon this line and return the ballot below to the City Clerk x — — — — — —
------------ ---------------
PROPERTY OWNER BALLOT
Assessor's Parcel Number: ### ### ##
Owner Name:
Proposed Assessment Amount: S##.##
Data
MYes, l SUPPORT the proposed assessment.
F] No, I am OPPOSED to the proposed assessment.
Printed Owner's Name
Owner's Signature
08/20/97 15:48 FAX 7148385906
NOTICE TO PROPERTY OWNERS AND BALLOT FOR THE LEVY OF ANNUAL
ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT SERVING TUSTIN RANCH
I Backaround
The Tustin Landscape and Lighting District was formed in 1985 pursuant to the "Landscape and
Lighting Act" of 1972. This district has now been re- analyzed based on the provisions of
Proposition 218, which was approved by the California voters in the November 1996 election.
Proposition 218 requires that the City send a ballot to each property owner so that a vote on the
proposed assessment may be taken. Please refer to the enclosed brochure for additional information
This notice informs you, as record owner of property within City of Tustin which is proposed to
receive a Landscape and Lighting Maintenance Assessment, that on May 19, 1997 the City Council
adopted Resolution No. 97 -24 in which it declared its intention to levy annual assessments and
conduct a Public Hearing at the Tustin City Hall Council Chambers. The time, date and place of the
hearing are as follows:
Time: 7:00 P.M.
Date: July 7,1997
Place: City Council Chambers
300 Centennial Way
Tustin, CA 92780
At the public hearing the City Council shall consider all objections or protests, if any, to the
proposed assessments. Any interested person shall be permitted to present written or oral testimony.
At the close of the public hearing, the City Council shall decide, based on the outcome of the
assessment ballot proceeding discussed below and the testimony received at the public hearing,
whether to impose the proposed annual assessment.
The proposed assessment replaces and is not in addition to the lighting and landscaping assessments
currently on your property tax bill
ww
WE Im
#, , ... ,.
Proposition 218 requires that all record property owners in the assessment district have the
opportunity to express the support for or opposition to the proposed assessment through an
assessment ballot proceeding. Property owners who wish to submit a ballot must mail or personally
deliver their ballots to the City Clerk prior to the close of the public hearing. The value of ballots
in support of the assessment must exceed the value of ballots in opposition to assessment for the
assessment to be approved. See the next page for details on the Assessment Ballot Procedures. A
ballot may be withdrawn and changed prior to the close of the public hearing.
Lo on
05/20/97 15:46 FAX 7148965906
� t
1. The total annual Assessment for 1997/98 is $392,337.
2. The Assessment annually chargeable to your parcel beginning with FY 97 -98 is shown on the
enclosed assessment ballot card. This is a continuation of assessments previously charged, but
because of Proposition 218 the assessment methodology and approval process is different.
Duration of Proposed Assessment: The proposed assessment shown on the enclosed assessment
ballot card will be levied annually beginning July 1, 1997, and will increase each year in
accordance with changes to the Consumer Price Index (CPT) for the Los Angeles, Anaheim,
Riverside Area. Any other increases or changes in methodology of the assessment must be
submitted to you for your approval.
4. Reason for the Assessment: To defray costs of the operation, servicing and maintenance of
arterial, trail and slope landscaping, public street lighting and appurtenant facilities, including
but not limited to, personnel, electrical energy, utilities such as water, plant materials, contracting
services, and other items necessary for the satisfactory operation of these services in Tustin.
Ranch. Your assessment does not pay for median islands or public parks.
If a majority of the ballots returned and not withdrawn prior to the close of the public hearing, are
in support of the assessment, then funding for the maintenance of the improvements will continue
to be provided by the assessment.
If a majority of the ballots returned and not withdrawn prior to the close of the public hearing are
in opposition of the assessment, then the assessment will not be imposed. Funding for the
maintenance of the improvements will not be provided by the assessment.
Basis for calculation of the Assessment: In accordance with Proposition 218, all parcels within
Tustin Ranch which receive a special benefit from public street lights, landscaping along the major
arterials in the area and along the regional trail are assessed in proportion to the special benefit they
receive. The Assessment Information Sheet summarizes a detailed Engineer's Report that was
prepared for this Assessment by a registered professional engineer. The Assessment Engineer's
Report is on file in the office of the City Clerk and may be reviewed diving normal business hours.
' } •ITT
If you have any questions about the proposed assessments or this process, please contact
the Public Works Department at the Tustin City Hall, (714) 573 -3150.
U 04
05/20/97 15:48 FAX 7146565909
Record property owners may submit the enclosed ballot to the City to express support or opposition to
their proposed Assessment for Landscaping and Lighting. Record property owner generally means the
owner of a parcel whose name and address appears on the last equalized secured property tax assessment
roll. Please follow the instructions below to complete and return your ballot. Complete procedures for
the completion, return and tabulation of the ballots are on file in the office of the City Clark-
Qua
1. Register your vote on the enclosed assessment ballot in support of or in opposition to the
Assessment by placing an'V in the corresponding box.
2. Silm and dak your ballot. (Ballots received without a signature will not be counted.) If the record
owner is a public entity, partnership, corporation, trust. or limited liability company, the ballot must
be signed by an authorized representative.
3. Mail or personally deliver your ballot to the City Clerk of the City of Tustin. A return envelope has
been provided for your use (postage paid) .
4. Ballots must be received by the City Clerk of the City of Tustin prior to the close of the public
hearing to be held on the Assessment at 7:00 P.M. on July 7, 1997, at the Tustin City Council
Chambers. You may withdraw your ballot, and if you choose change your vote, at any time up to
the close of the public bearing. To do so, contact the City Clerk. Any ballots received after the
close of the public hearing cannot legally be counted.
5. Following the close of the public hearing on the Assessment held at the Tustin City Council
Chambers, the Clerk will tabulate all of the ballots received. The ballots will be tabulated
electronically. The ballots are weighted according to the proportionate financial obligation of the
affected property with respect to paying the Assessment. (Simplified, this means one vote for each
dollar of assessment).
6. The Assessment will be confirmed unless a majority protest exists or the City Council decides,
based on testimony received, not to impose the assessment. A majority protest exists if, upon the
close of the public hearing, the value of the ballots submitted in opposition to the Assessment
exceeds the value of the ballots submitted in favor of the Assessment.
7. If a majority protest exists based upon the value of the ballots received by the City Clerk prior
to the close of the public hearing, the Assessment will not be imposed. If the Assessment is not
imposed, the extent and quality of assessment district services could be affected.
05/20/97 15:46 FAX 7148365908 IM Uo
f
LSS1tSSIVIENT INFORMATION SHEET
Existing law requires an assessment methodology to be established for calculating the assessment to be levied on each
parcel, based on the special benefit each parcel receives from the improvements being malnnr+vA The following is a
description of the meihodology which is summarized from a detailed Engineer's Report that was prepared for this
Assessment District by a registered profess oaal engLoeer. That Engineer's Report is on file in the office of the City
Clerk and may be reviewed during normal business hours.
The single family residential lot has
been selected as the basic unit for
calculation of assesamcrim and is
defined as one Equivalent Dwelling
Unit (EDU). A methodology has been
developed to calctdade the EDUs for
other residential land uses and for non-
residential parcels. Every land -use Is
converted to EDU's: parcels containing
EQUIVALENT DWELLING UNIT (Y.DU) FORMULA
SUMMARY BY LAND USE
Lad Use drok Unk x EDUFeorw
—
FDUJraser
F=&W Res . (SPR) 1 D.U. x
1.00
1 YDU/DU
Mattl4m Res. Qndudlag Condos) 1 D.U. x
0,73
6.75 EDIMU
Comucrela IedastrW and odwrNon- Residendal
I Acre x
6.00
6A EDU/ae
voeant a Parks 1 Acre x
2.00
1.0 EDU/ac
C�Coutses 1 Aare x
4.00
4AEDUhc
apartments are converted to EDU's
based on the number of dwelling units on each parcel of land; commerclal parcels are converted based on the lot size of
each parcel of land_ This is shown in the table above,
Street Lighting Resefit Proper maintenance and operation of the street lighting system benefits all properties within
the Tustin Ranch by providing security, safety and community character and vitality.
A large portion of the City of Tustin is within an Ad Valorem Lighting Maintenance District and is paying for the
operation and maintenance of street lights in this manner. Tustin Rancb, being a recent annexation to the City, was not It
part of this Ad Valorem Maintenance District; therefore, the 1972 Landscape and Lighting District vsas established in 199S
to fund the public streetlights in developing area. Those properties that are adjacent to private strafe pay for theIr local
stmet lights through their Home Owners Association Seca.
Tagus Ranch Arterial and Collector 14*tbtg. Street lighting on the arterials and collector streets provide special
and direct benefits to all properties within the Tustin Ranch ama, as these lighting benefits are directly related to the positive
enhancement of the Community and therefom i neer±eesse property deshabllity and quality of W All properties within Tustin
Ranch receive a special benefit from lighting on the arterial and colt 4MM
Local Residential i.tabttag. Many of the residential units in the Turin Ranch an have private street lighdng systems
directly adjacent to their homes. This lighting is usually provided by a Hate Owners Association, and payment for the
lights are usually made through >tmdation. dues or assessments, Parcels that have local residential street lighting provided
by the City receive special and dttecrIW 11 iighting benefit and are assessed for those local lights.
Landscaping Benefit Trees, landscaping, hardseaping and egtpwW&nt fscilities, if well maintained, provide
beautification, shade sad enhancemert of the deshahility of the surroundings, and therefore increase property value.
Landsapirg along recr'earional trails and greenbelts, if wall malntrdned, provide beautification and aahsncement of the
desirability of the surrounding&, and therefore Increase property value.
Tustin Ranch erdoys a higher level of landscaping and atreetscaping in their parkways and slopes than the rest of the
City of Tustin. The City provides funding for the landscaped medians In the area, so these costs are not assessed.
Additionally, a pedestrian and equestrian trail, which will one day be linked with the regional trail ayatetn, is landscaped and
beautified by the District The landscape improvements along the arterial and collector stream, in the parkways and slopes,
and the regional trail etnhance the beauty of the area and benefit all petrels in the community.
The table as the right surnmaizU tine
assessment rates which are proposed for each of
the zones of benefit
These base assessment taus for each EDU
may be uuaeased by the Consumer Price Index for
all Urban Consumers (CPI) far the Los Angeles,
Anaheim, Riverside Area In fiscal year by City
Council approval each year. The but assessment
rate will be dint rare as approved and noticed for
Fiscal Ycar 1997-99.
The table at
the tight shows
the assessment
rates for the
dif mant Iand
uses for each of
the zone
combinations.
ASUSSMENT RATE SUMMARY
SUMMARY BY LAND USE
one ate o s
to
per
FSU
A - Arterial & Colle=r Lvmfna
LRLT - Local Residential Lighting
$7.91
$19.66
/
/
EDU
EDU
PSTL - Pkwy, Slope and Trail Landscape
$42.47
/
EDU
ACLT w
$7.91
/
EDU
ACLT + PSTL a
$60.86
/
EDU
ACLT + PSTL + LRLT ■
$59.96
/
EDU
A SSMENT RATE
SUMMARY BY LAND USE
ACLT+
ACLT +PSTL
�C96n9,
ACLT
PSTL
+ LRLT
' °"
Single Family Res. ($ I Dwelling Unit)
$50.38 I DU
$69.96 / DU
Mulfi4amliy Res. ($ / Dwelling Unit)
$37.79 / DU
Non - Residential ($ I ac)
$302.26 / ac
'
Non -Res - Tustin Market Place ($ /are)
$47.46 / no
Golf Course ($ / ac)
$201.52 / ac
$
Vacant and Parks $ 1 ac
$100.76 lac
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a