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HomeMy WebLinkAboutCC RES 25-74Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin does, hereby resolve, determine, and order as follows: Resolution 25-74 Page 1 of 3 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 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. Signed by: AU tTtTJ 9ARD, Mayor ATTEST: DS Signed by: i, yma. E R DN.'TASU DA, City Clerk Resolution 25-74 Page 2of3 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 APPROVED AS TO FORM: F cuSigned by: Z'79 DAVVSTENOIG, 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: DS Signed by: `t'�V'i(& a.Su.� a E R DK ASU DA, City Clerk Resolution 25-74 Page 3 of 3 Lumbard, Nielsen, Gallagher, Fink (4) (0) Schnell (1)