HomeMy WebLinkAboutCC RES 24-34DocuSign Envelope ID: D9196789-2375-4F11-AA10-6F9DDF64DFDD
RESOLUTION NO. 24-34
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 2024-2025
WHEREAS, the City Council of the City of Tustin, California (hereinafter referred
to as the "City Council"), has adopted Resolution No. 24-05 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, the "Code", and Proposition 218;
and
WHEREAS, the City Council has approved the report as filed on the 7t" day of May
2024, with the passage and adoption of Resolution No. 24-30; and
WHEREAS, the City Council heretofore by Resolution of Intention No. 24-31
passed and adopted on the 7t" day of May 2024, 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. 24-31, fixed
Tuesday, June 4, 2024, at 7:00 p.m. before the City Council at the City Council Chamber,
300 Centennial Way, Tustin, California, 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 verbal protests or objections made by property owners at the
hearing conducted on June 4, 2024, were formally received and reflected in the City Council
minutes of said meeting; and
Resolution 24-34
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WHEREAS, the City Council received all written 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
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 2024-2025 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 4th day of June 2024.
—DocuSigned by:
AU Sfrl'IDt_E@I113ARD,
Mayor
Resolution 24-34
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ATTEST:
FDocuSigned by: Ds
;Ca aSa-
E R 44°4YAVSU DA,
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
a'4 4
DA $E31Kr1EtgD-I ,
City Attorney
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. 24-34 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 4t" day of June 2024 by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
DocuSigned by:
aSu DS
E R D�*04 Al&J DA,
City Clerk
Resolution 24-34
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Lumbard, Gallagher, Gomez (3)
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Schnell (1)
Clark (1)