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HomeMy WebLinkAbout01 ADOPT RESOLUTION NO. 25-74 FORMING AND LEVYING ASSESSMENT WITHIN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICTDocusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item 1 Initial AGENDA REPORT Reviewed: Q`�S City Manager Finance Director DECEMBER 2, 2025 ALDO E. SCHINDLER, CITY MANAGER MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS ADOPT RESOLUTION NO. 25-74 FORMING AND LEVYING ASSESSMENT WITHIN THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025 REPLACING THE EXISTING TUSTIN LANDSCAPE AND LIGHTING DISTRICT The Tustin Landscape and Lighting District was formed in 1985 and provides funding for the maintenance of perimeter landscaping on arterial streets and for the operation and maintenance of street lighting on public roads within the Tustin Ranch area. The current assessment revenue is no longer sufficient to cover the cost of maintaining the public infrastructure. On September 16, 2025, the City Council approved the Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting Reassessment District 2025 and set a public hearing for December 2, 2025. At the close of the public hearing, all returned ballots will be tabulated to determine if there is sufficient property owner support for creating Tustin Landscape and Lighting Reassessment District 2025. RECOMMENDATION: It is recommended that the City Council: Conduct a public hearing to receive public input on the formation of Tustin Landscape and Lighting Reassessment District 2025 and associated assessments to be levied for Fiscal Year 2026-2027; and 2. After tabulation of all returned ballots, and if a majority in support the formation of Tustin Landscape and Lighting Reassessment District 2025, adopt Resolution No. 25-74. FISCAL IMPACT: Sufficient funds are budgeted and appropriated in the Tustin Landscape and Lighting Fund for the required property owner's official assessment ballot proceedings for the proposed reassessment district. The costs for operating and maintaining the public infrastructure in the Tustin Landscape and Lighting District are offset through the levy of the annual assessments. The proposed Tustin Landscape and Lighting Reassessment District 2025 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 City Council Agenda Report Public Hearing to form TLLD Reassessment District 2025 December 2, 2025 Page 2 contains the same cost -recovery structure with proposed annual assessments and a general fund contribution. The proposed reassessment district has no impact on the existing Tustin Landscape and Lighting District Fund's budget for Fiscal Year 2025-2026. If approved by the property owners, the reassessment district will replace the existing district and levy assessments commencing Fiscal Year 2026-2027. Similarly, the General Fund contribution would increase in Fiscal Year 2026-2027 and each year thereafter, consistent with the proposed schedule outlined in the Engineers Report and Table 2 below. Should the Tustin Landscape and Lighting Reassessment District 2025 fail to be approved by the property owners, maintenance will remain at reduced service levels and will be refined annually to ensure expenses do not exceed revenue. CORRELATION TO THE STRATEGIC PLAN: Assessments collected through the Tustin Landscape and Lighting District contribute to the fulfillment of the City's Strategic Plan Goal B: Public Safety and Protection of Assets by ensuring Tustin is an attractive and well -maintained community in which people feel pride. BACKGROUND AND DISCUSSION: The Tustin Landscape and Lighting District (District) was formed in 1985 to fund the maintenance of perimeter landscaping on arterial roadways and for the operation and maintenance of street lighting on public streets within the Tustin Ranch area. Assessments for the benefiting properties were first confirmed for Fiscal Year 1985-1986 and each fiscal year thereafter. As property developed in the Tustin Ranch area, such development was required to annex to the District. Today, the District consists of 5,704 parcels encompassing 457.186 acres. In 2021, expenditures required to maintain adequate service levels within the District exceeded the approved assessment revenues. Property owners within the District received a ballot to vote on increasing annual assessments to avoid a reduction in maintenance services. At the time, there was not sufficient support to increase the annual assessments, and on September 21, 2021, the City Council approved a modified maintenance plan to reduce expenses. The maintenance plan is refined annually to ensure expenses do not exceed revenue. Since September 2021, routine landscape maintenance has been reduced from every four weeks to every eight weeks, plant and tree replacement has been suspended, tree trimming has been reduced from every two years to every three years, and irrigation is controlled in a manner that ensures plant material survives the hottest months. Even with reduced maintenance services, the District continues to face a funding shortfall. Over the years, the cost of labor, materials, supplies, and utilities associated with the landscape and lighting Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 City Council Agenda Report Public Hearing to form TLLD Reassessment District 2025 December 2, 2025 Page 3 system it supports has increased faster than the current assessment rates, leaving the District without sufficient reserves to cover ongoing expenses. On July 15, 2025, staff recommended and the City Council approved Resolution No. 25-54 directing the preparation of the Engineer's Report for the Tustin Landscape and Lighting Reassessment District 2025 to address the District's fiscal health. An Engineer's Report was prepared by Harris & Associates and approved by the City Council on September 16, 2025. As part of that action, the City Council set a public hearing to receive public testimony regarding the formation of the Tustin Landscape and Lighting Reassessment District 2025 for December 2, 2025. The proposed five-year annual assessment schedule is shown in Table 1 below. The maximum assessment rates per benefit area are fixed rates that increase based on the 5- year phased budget in Table 2 and outlined in the Engineer's Report. After 5 years, the maximum assessment rates will be adjusted annually for inflation, an amount equal to 3% plus the annual change in the Consumer Price Index for All Urban Consumers in the Los Angeles -Long Beach -Anaheim Area, without a further balloting process. Table 1: Current and Proposed Annual Assessment Rates Benefit FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 Area Assessment Assessment Assessment Assessment Assessment Assessment Rate Rate Rate Rate Rate Rate (Current) (Proposed) (Proposed) (Proposed) (Proposed) (Proposed) A $7.58 $7.81 $8.63 $9.46 $10.42 $11.45 B $106.97 $124.80 $150.58 $171.62 $202.17 $224.21 C $140.01 $149.06 $177.40 $201.02 $234.53 $259.78 Intentionally left blank. Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 City Council Agenda Report Public Hearing to form TLLD Reassessment District 2025 December 2, 2025 Page 4 Table 2: Proposed Budget FY 2026-2027- FY 2030-2031 Budget Item Current Year 1 FY 26-27 Year 2 FY 27-28 Year 3 FY 28-29 Year 4 FY 29-30 Year 5 FY 30-31 Expenses $931,800 $1,161,260 $1,394,901 $1,586,727 $1,863,306 $2,065,619 Architect/Eng Services 14,500 14,900 15,500 16,000 16,700 17,200 Landscape Maintenance 438,077 510,843 680,124 798,436 1,010,760 1,148,090 Tree Maintenance 157,650 268,000 279,000 310,000 322,000 335,080 Street Light Energy 100,000 121,000 134,000 147,000 162,000 178,200 Electric 9,179 9,977 10,771 10,602 11,358 11,830 Water 161,772 173,441 199,713 218,473 239,244 262,982 Browning Greenbelt 50,622 63,099 75,793 86,216 101,244 112,237 Revenue Assessments 841,739 975,811 1,175,831 1,339,308 1,576,195 1,747,811 City Contribution 90,061 185,449 219,070 247,419 287,111 317,808 $931,800 $1,161,260 $1,394,901 $1,586,727 $1,863,306 $2,065,619 Notices of the public hearing, accompanied by the assessment ballot materials, were mailed to the District's registered property owners 45 days prior to this public hearing. To be counted, ballots must be returned to the City Clerk prior to the conclusion of the public hearing, which will be held at 6:00 p.m. on December 2, 2025, or as soon thereafter as the matter may be heard. After receiving public input, the public hearing will be closed, assessment ballots will be tabulated, and staff will announce the results. Should a majority of the ballots submitted support the formation of the Reassessment District, the City Council may consider adoption of Resolution No. 25-74. Should a majority of ballots not support the formation of the Reassessment District, no further action may be taken. Michael Grisso Director of Public Works Attachments: 1. Resolution No. 25-74 2. Tustin Landscape and Lighting Reassessment District 2025 Map Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 ATTACHMENT 1 Resolution No. 25-74 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 RESOLUTION NO. 25-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE FORMATION OF TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025 AND CONFIRMING THE ANNUAL ASSESSMENTS FOR FISCAL YEAR 2026-2027 WHEREAS, the City Council by Resolution No. 25-54 initiated proceedings for the formation of the Tustin Landscape and Lighting Reassessment District 2025 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 the California Constitution Article XIIID (Constitution), and to levy and collect annual assessments for the District commencing on Fiscal Year 2026-2027 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. 25-54, the City Council ordered the engineer to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and WHEREAS, Harris & Associates, as the Engineer of Work prepared and filed an Engineer's Report with the City Clerk concerning the formation of Tustin Landscape and Lighting Reassessment District 2025 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 Constitution; and WHEREAS, the City Council, through adoption of Resolution No. 25-54 approved the Engineer's Report; and WHEREAS, the City Council set the time and place for a Public Hearing to consider the formation of the District and for the authorization to levy annual assessments therein. The City council also ordered a notice of Public Hearing, accompanied by assessment increase ballots, be given to the record owners of all properties within the District; and WHEREAS, notice of said Public Hearing accompanied by assessment formation ballots were mailed to the record owners of all properties within the District forty-five (45) days in advance of the Public Hearing, and WHEREAS, the City Council hereby finds that the assessment ballots submitted opposed to the formation Tustin Landscape and Lighting Reassessment District 2025 did not exceed or equal the assessment ballots submitted in support. Therefore, a majority protest to the formation of the District does not exist. Resolution 25-74 Page 1 of 3 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin does, hereby resolve, determine, and order as follows: SECTION 1. That the forgoing recitals are true and correct. SECTION 2. The City Council hereby finds and determines that the procedures for the consideration of the formation of Tustin Landscape and Lighting Reassessment District 2025 have been undertaken in accordance with State Law. SECTION 3. Assessment ballots were mailed as required by law to the record owners of all properties proposed to be assessed within the District. The assessment ballots that were completed and received by the City Clerk prior to the close of the Public Hearing have been tabulated in accordance with State Law, and the results have been submitted to the City Council. SECTION 4. The City Council hereby finds that the assessment ballots submitted opposed to the formation of the Tustin Landscape and Lighting Reassessment District 2025 did not exceed or equal the assessment ballots submitted in support. Therefore, a majority protest to the formation of the District does not exist. SECTION 5. The annual assessments for Fiscal Year 2026-2027 as set forth in the Engineer's Report are hereby confirmed. SECTION 6. Passage of this Resolution shall constitute a levy of an assessment for the fiscal year referred to in the assessment confirmed herein. SECTION 7. 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 2nd day of December 2025. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk Resolution 25-74 Page 2of3 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 APPROVED AS TO FORM: F cuSigned by: Z'79 DA $EF3j?1E D City Attorney /msd/ 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. 25-74 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 2nd day of December, 2025 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 25-74 Page 3 of 3 Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 ATTACHMENT 2 Tustin Landscape and Lighting Reassessment District 2025 Map Docusign Envelope ID: 97A90435-EAB8-4201-9E33-68F794BOF8F3 Legend I _ I City Boundary Benefit Areas Benefit Area A Benefit Area B Benefit Area C ti a N Remembering what connects us. a North Tustin Vj L40 0 Tustin Landscape and Lighting Reassessment District 2025 0 0.25 0.5 Miles