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Home My WebLink AboutCC RES 21-25 DocuSign Envelope ID:407F0420-OFA8-4F5C-ACD7-72B6A0887ADF RESOLUTION NO. 21-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO FORM TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2021 AND TO LEVY ASSESSMENT COMMENCING WITH FISCAL YEAR 2021-2022; ACCEPTING AND APPROVING THE ENGINEER'S REPORT; TO CONDUCT A PROPERTY OWNER OFFICIAL ASSESSMENT BALLOT PROCEEDING ON THE MATTER OF THE NEW ASSESSMENTS; AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS WHEREAS, the City Council by Resolution No. 21-23 initiated proceedings for the formation of the Tustin Landscape and Lighting Reassessment District 2021 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (Act) as amended and Proposition 218, and to levy and collect annual assessments for the District commencing on Fiscal Year 2021-2022 to pay for the operation, maintenance, and servicing of local landscaping and lighting improvements, and appurtenant facilities related thereto; and WHEREAS, by said Resolution No. 21-23, the City Council ordered the City Engineer to prepare a report pursuant to Section 22565 of said Code and Proposition 218; and WHEREAS, the City has retained Harris & Associates as the Engineer of Work for the purpose of preparing and filing and Engineer's Report with the City Clerk concerning the formation of Tustin Landscape and Lighting Reassessment District 2021 and the proposed annual levy of assessments in accordance with the provisions of Chapter 1 , Article 4 of the Act and the provisions of the California Constitution Article XIIID (Constitution); and WHEREAS, the City Council has reviewed and examined the Report as submitted, and WHEREAS, the City desires and intends to form the District, to levy and collect annual assessments for the District commencing with Fiscal Year 2021-2022 to pay for the operation, maintenance, and servicing of the local landscaping and lighting improvements, and appurtenant facilities related thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that it determines and orders as follows: Section 1 : That the forgoing recitals are true and correct. Section 2: That the Report prepared by Harris & Associates consists of the following: Resolution 21-25 Page 1 of 4 DocuSign Envelope ID:407FO420-OFA8-4F5C-ACD7-72B6AO887ADF ■ A Description of the Improvements ■ The Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel including a description of an "Assessment Range Formula" applicable to subsequent assessments; and ■ The estimated annual cost and expenses to provide the improvements that established the proposed "Maximum Assessment Rate" and first year's assessments; and ■ An Assessment Diagram depicting the District boundaries; and ■ An Assessment Roll containing the assessment to be levied for each Assessor Parcel Number within the District, commencing in Fiscal Year 2021-2022 based on the assessment rate and method of apportionment described therein. Section 3: That the District as described in the Report consists of the lots and parcels of land that will receive special benefits from the improvements and services to be provided and are within boundaries of the City of Tustin and by reference maps and documents referencing these lots and parcels of land are made part of this resolution. Section 4: That the improvements for which the District is formed generally include, but are not limited to, continued maintenance and operation of the streets and sidewalks within the District, including the construction, operation, servicing and maintenance of landscaping, lighting, and appurtenant facilities, including but not limited to personnel, electrical energy, utilities, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Landscapin__. a�gpurtenant Facilities Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk and curb and gutter maintenance adjacent to street trees, and appurtenant facilities, in public street and sidewalk rights-of-way, including parkways, medians and dedicated easements within the boundary of the District. Lighting tin_. a�gpurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide safety lighting in public street and sidewalk rights-of-way and easements within the boundaries of said District. Servicing of the Southern California Edison Company- owned lights shall be furnished by Southern California Edison Company or its successors or assignees and shall be adequate for the intended purpose. Rates for power and maintenance shall be authorized by the Public Utilities Commission, State of California, and Section 5: That the Engineer's Report as prepared by Harris and Associates is hereby approved. Resolution 21-25 Page 2 of 4 DocuSign Envelope ID:407F0420-OFA8-4F5C-ACD7-72B6A0887ADF Section 6: That Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 15, 2021 , at 6:00 p.m. or as soon thereafter as feasible, in the Tustin City Council Chamber, located at 300 Centennial Way, Tustin, California 92780. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7: That the City Clerk or their designee is hereby authorized and directed to prepare and, not less than 45 days prior to the Public Hearing, mail notice of the Public Hearing and property owner Official Assessment Ballots to the subject property owners regarding the proposed levy of the assessments and the assessment range formula outlined in the Engineer's Report, pursuant to Article XIIID of the California Constitution and Government Code Section 53753. Section 8: That the property Official Assessment Ballot proceeding conducted for the District assessments shall constitute the property owner's approval or rejection of the proposed levy of assessments, assessment range formula and formation of the District. Each landowner may return the ballot by mail or in person to the City Clerk's office not later than the conclusion of the Public Hearing on Tuesday, June 15, 2021. After the close of the Public Hearing, the City shall tabulate the ballots returned to determine if majority protest exists. The ballots shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the Public Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Section 9: The assessments are proposed to be levied annually. If the proposed assessments are approved and confirmed by the City Council, the assessments may increase in future years by an amount equal to the annual change in the Consumer Price Index for All Urban Consumers in the Los Angeles-Long Beach-Anaheim Area, without a further vote or balloting process. Future increase shall not be less than two percent (2%) or more than five percent (5%). In each subsequent year in which the assessment will be levied, an updated Engineer's Report, including a proposed budget and assessment rate, shall be prepared. The updated Engineer's Report shall be considered by the City Council at a notice Public Hearing. The updated Engineer's Report shall serve as the basis for the continuation of the assessments. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 20th day of April, 2021. DocuSigned by: EF4434'4 ... LETITIA CLARK, Mayor Resolution 21-25 Page 3 of 4 DocuSign Envelope ID:407F0420-OFA8-4F5C-ACD7-72B6A0887ADF ATTEST: DocuSigned by: ERI C NA7YA8TJbA, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 1, 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. 21-25 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 20th day of April, 2021 by the following vote: COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher (4) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: Gomez (1) COUNCILMEMBER ABSENT: (0) LDocuSigned by: ff it& g6US1J_& ERICA N. � City Clerk Resolution 21-25 Page 4 of 4