HomeMy WebLinkAboutCC RES 97-46 I
RESOLUTION NO. 97-46
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
5 CALIFORNIA APPROVING A PROPOSED RESOLUTION OF
INTENTION SUBMITTED BY THE CITY OF IRVINE, CALIFORNIA
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FOR THE FORMATION OF THE CITY OF IRVINE ASSESSMENT
7 DISTRICT NO. 97-16, AND GIVING CONSENT OF JURISDICTION TO
THE CITY OF IRVINE FOR THE CONSTRUCTION OF CERTAIN
8 IMPROVEMENT WORKS WITHIN CITY OF IRVINE ASSESSMENT
DISTRICT NO. 97-16, A PART OF WHICH IS WITHIN THE CITY OF
9 TUSTIN CORPORATE BOUNDARIES.
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WHEREAS, the City of In.-ine proposes that an Assessment District, to be designated
I1 "Assess. men. t DistriCt No. 97-16",.~.Vi.'H b.e .created pursugn. t to the Municipal Improvement Act of
1913 and 'bonds related to the formation 'of'said distridt 'wiH'b~ issued 'pursu~tht to the'
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Improvement Bond Act of 1915; and
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WHEREAS, portions of the proposed improvements for AD 97-16 will be xvithin the
14 incorporated boundaries of the City. of Tusrin and outside the boundaries of the City of Irvine;
and
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16 WHEREAS, the plan review, construction and inspection of said proposed
improvements within the City of Tustin boundary will be done'in accordance with current City
17 of Tustin design standards, policies, practices and procedures and that the cost of related permit,
plan review and field inspection fees will be reimbursed in full to the City of Tustin; and
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19 WHEREAS, the Irvine City Council has determined that the improvements relating to
AsSessment District 97-16 can best be accomplished as a single comprehensive work scheme
20 and that pursuant to Sections 10103 and 5115 of the Streets and Highways Code, the Irvine City
Council has the power and authority, after receiving the required consents, t0. extend the
21 boundaries of Assessment District No. 97-16 beyond the City of Irvine territorial limits to
22 include improvement works within the City of Tustin area; and
5>3 IV!zlEREAS, pursuant to Sections 10103 and 5117 through 5119 of the Streets and
Highways Code, the Irvine City Council has adopted its resolution of intention on March 11,
24 1997 (Resolution No. 97-15 attached hereto as Exhibit A) stating that a portion of the project
contains certain improvement .work being contemplated within the incorporated boundaries of
the City of Tustin and that the consent of the Tustin City Council is required prior to ordering
26 such work; and
27 WI:W~REAS, Sections 5115 through 5119 of the StreeLs and Highways Code, authorize
a city to: (i) perform the work of an Assessment District containing lands outside said city's.
28 territorial limits; (ii) levy, collect and enforce assessments to pay the expenses of such work;
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and (iii) assume jurisdiction over the lands outside its terr/torial limits for purposes of the
assessment proceedings, after submitting the proposed resolution of intention to the city whose
4 lands the assessment district will include if the city proposing the assessment district receives
the approval and consent of such city to the resolution of intention, the work and the assessment;
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WHEREAS, the City of Irvine has submitted Resolution 97-15, together with a map
7 serdng forth the proposed boundaries of proposed Assessment D/strict 97-16 and a detailed
description of the proposed work and improvements relating to said district, to the City Council
8 of the City of Tustin.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
10 Tustin does hereby find and determine as follows:
11 1. ,Th..a~ it is .i.n the best interests of the City-of Tnstin that the City of Irvine create
AsSessment DistriCt No. 9~"i6 hs'prol~s~d. " .....
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13 2. That the proposed City of Irvine resolution of intention is hereby approved in the form
submitted and attached hereto as Exhibit A.
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3. That in accordance ~vith Sections 5118 and 10103 of the Streets and Highways Code,
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consent is hereby given to: (i) the formation of Assessment District No. 97-16, (ii) the
16 proposed work and improvements within the proposed District and (iii) the assumption
of jurisdiction by the City of Irvine over that portion of land within Assessment District
17 No. 97-16, representing territory of the City of Tustin, for the purposes of the district
formation and assessment district proceedings.
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19 4..That approval is hereby given to the City of Irvine to perform certain construction
improvements, as described in the proposed Description of Work attached hereto as
20 Exhibit "B", within the City of Irvine Assessment District 97-16 boundaries and City of
Tustin incorporated boundaries under the provisions of the Municipal Improvement Act
21 of 1913. Such approval is conditioned upon the City oflrvine's agreement in writing to
22 defend, indemnify and hold the City of Tusfin harmless from all claims, damages,
liability and penalties arising from the design and construction, except in the event of
:2,3 Tustin's sole negligence or willful misconduct.
24 5. That the City of Tustin will retain a.uthority over the plan review, inspection and
construction phases to ensure that all work within the City of Tustin limits is planned
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and performed in accordance with current City of Tustin minimum design standards,
26 policies, procedures and acceptable field practices.
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6. That the 'plan review, permit, construction and inspection fees of said proposed
B improvements within the City of Tustin boundary will be done in accordance xvith
4 current City of Tustin design standards, field practices, policies and procedures and that
the cost of related permit, plan review and field inspection fees will be reimbursed in
5 full to the City of Tustin
6 7. That the work within the City of Tustin shall not commence until the appropriate City of
7 Tustin permits, approvals and indemnity agreement have been successfully obtained.
8 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of June, 1997.
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12 J~fte.~. ~,9~as,Mayor
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14 ATTEST:
~t~lerk" 'C,~
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CITY COUNCIL RESOLUTION NO. 97-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF IRVINE REQUESTING THAT THE CITY COUNCIL OF
THE CITY OF TUSTIN APPROVE THE TAKING OF
CERTAIN PROCEEDINGS PURSUANT TO THE MUNICIPAL
IMPROVEMENT ACT OF 1913 FOR THE FORMATION OF
ASSESSMENT DISTRICT NO. 97-16
WHEREAS, the City Council of the City of Irvine is
contemplating certain ~ork in the City of Irvine and the City of
Tustin under the provisions of the Municipal Improvement Act of
1913; and '
WHE. REAS, a portion of the project is ' ' located in the
incorporated boundary of the City of Tustin; and
WHEREAS, pursuant to Section 10103 of the Municipal
Improvement Act of 1913, the consent of the City Council~=:of the
City of Tustin is required prior to ordering such work.
NOW, THEREFOr, THE CITY' COUNCIL OF THE CITY OF IRVINE DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 2. The work proposed to be performed is described in
the proposed Description of Work attached hereto as Exhibit "A".
SECTION 2. The City Council of the City of Tustin is hereby
requested to consent to the construction. of a portion of the works
of improvement which will lie in the incorporated area of the City
of .Tustin.
SECTION 3. The City Clerk is hereby authoriz~a and directed
to cause to be transmitted a certified copy of the Resolution to
the aforesaid City Council.
PASSED AND ADOPTED by the City Council of the City of irvine
at an adjourned regular meeting held on the llth day of March,
1997. ~
MAYOR OF THE CITY OF IRVINE
ATTEST:
CITY CLERK OF THE CITY OF INE
Exhibit A
ASSESSMENT DISTRICT NO. 97-16
NORTHWEST IRVINE ASSESSMENT DISTRICT
DESCRIPTION OF IVORK
A. The design and construction ofccrtain grading, paving, base, curbs and gutters, parkways, drainage,
intersection work, signals, street lights, signing, striping, erosion control, utilities, storm drains,
trails, spines, landscaping, and irrigation sy. stcms together with appurtenances and appurtcnant work
for the following roadways:
Streets
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· Jamboree - I-5 Santa Ana Freeway to Tustin Ranch Road
- Portola Parkway - JambOree Road to Eastern Transportation Corridor
· Irvine BIrd. - Jamboree Road to Eastern Transportation Corridor
- Bryan Ave. - J.am. boree Road to Eastern. Transportation Corridor
· E! Camino Real - Jamboree Road to Bryan Ave. ' -
· Champion Way - Jamboree Road to D Street
· Trevino Drive - Jamboree Road to D Street
· Robinson Drive - Jamboree Road to D Street
· E Street - In, ine Blvd north ~:
· PA 3- I0 Culdesae "
· PAI - A Street
B. Traffic SiSals
' Jamboree @ Tustin Ranch Road
- Jamboree @ Portola
· Jamboree @ Irvine Blvd
· Jamboree @ Bryan
· Jamboree @ El Camino Real
· Jamboree @ Champion Way
· Jamboree @ Trevino
· - Jamboree @ Robinson Dr.
· Bryan @ PA3-10 Culdesac
· In'ine Blvd@ AA Street
C. Drainage
Peters Canyon Wash Improvements
· Market Place Storm Drain
· North In, ine Storm Drain Extensions
D. Utilities -
· Gas Line Relocation and Pressure Reducer Stations
Bryan Ave. 66 KV Relocation
E. Off-Site Mitigation Projects
Exhibit B
SHEET 1 OF 1 " '~'
PROPOSED BOUNDARIES "'~~"
/~' ASSESSMENT DISTRICT No. 97-16 ......... ,
COUNTY OF ORANGE
STATE OF ~LIFORNIA
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Exhibit C
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 97-46
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 is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 2nd day of June, 1997, by the following vote:
COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pame~'~ '~toker, Ci~ Clerk