RES-10857 Landscape Maintenance District 15-1RESOLUTION NO. 10857
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING INTENTION TO
FORM LANDSCAPE MAINTENANCE DISTRICT
NO. 15 -1 AND LEVY ASSESSMENTS,
PRELIMINARILY APPROVING THE ENGINEER'S
REPORT, PROVIDING NOTICE OF PUBLIC
HEARING AND THE MAILING OF THE
ASSESSMENT BALLOT.
WHEREAS, by Resolution No. 10853, approved March 10, 2015, the City Council
ordered the initiation of proceedings for the formation of a landscape maintenance district
pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California
Streets and Highways Code (commencing with § 22500 thereof) ( "Act "); and
WHEREAS, proposition 218 was adopted on November 6, 1996, adding Articles
XIIIC and XIIID to the California Constitution; and
WHEREAS, Articles XIIIC and XIIID of the California Constitution and
implementing statutes impose certain procedural and substantive requirements relating to
assessments (as defined); and
WHEREAS, an Engineer's Report ( "Report") has been prepared by SCI Consulting
Group, registered, professional engineers ( "Assessment Engineer "), and submitted to the City
Council, in which an assessment is proposed to fund the cost of the installation, maintenance
and servicing of improvements within the District boundaries as described in § 3 below. The
proposed landscaping maintenance assessment shall be described as "Landscape Maintenance
District No. 15 -1" of the City of Orange (hereinafter the "Assessment District "). Articles
XIIIC and XIIID of the California Constitution and implementing statutes impose certain
procedural and substantive requirements relating to assessments (as defined).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY RESOLVE AS FOLLOWS:
1. That the above recitals are all true and correct; and
2. Reference to Initiation. In accordance with direction from the City Council,
SCI Consulting Group, ( "Engineer of Work "), prepared an Engineer's Report
Report") pursuant to the Act and Article XIIID of the California
Constitution. The Report has been prepared, filed with the City Clerk,
reviewed and duly considered by the City Council and is hereby deemed
sufficient and preliminarily approved. The Report shall stand as the
Engineer's Report for all subsequent proceedings under and pursuant to this
Resolution; and
3. Description of the Improvements: The purpose of the Assessment District
shall be for the installation, maintenance and servicing of improvements.
Within the District, the existing and proposed improvements
Improvements ") are generally described as the installation, maintenance and
servicing of public areas and public facilities, including but not limited to,
landscaping, sprinkler systems, landscape corridors, ground cover, shrubs and
trees, street frontages, drainage systems, lighting, fencing, entry monuments,
security guards, graffiti removal and repainting, and labor, materials, supplies,
utilities and equipment, as applicable, for property owned and/or maintained
by the City. Installation means the construction of landscape improvements,
including, but not limited to, land preparation, such as grading, leveling,
cutting and filling, sod, landscaping, irrigation systems, sidewalks and
drainage, and lights. Maintenance means the furnishing of services and
materials for the ordinary and usual maintenance, operation and servicing of
said improvements, including (a) repair, removal, or replacement of all or part
of any improvement; (b) providing for the life, growth, health and beauty of
landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; (c) the removal of trimmings, rubbish, debris,
and other solid waste; and (d) the cleaning, sandblasting, and painting of walls
and other improvements to remove or cover graffiti. Servicing means the
furnishing of (a) electric current or energy, gas, or other illuminating agent for
any public lighting facilities or for the lighting or operation of any other
improvements, and (b) water for the irrigation of any landscaping, the
operation of any fountains, or the maintenance of any other improvements;
and
4. Reference to Engineer's Report: The Report is hereby incorporated by
reference. Reference is hereby made to the Report for a full and detailed
description of the Improvements, the boundaries of the Assessment District
and the proposed assessments upon assessable lots and parcels of land within
the Assessment District. Reference is also hereby made to the Report for an
estimate of the costs of the Improvements proposed to be financed from the
proceeds of the proposed assessment; and
5. Report of the Assessment Engineer: The Report is available for public review
at the City of Orange City Hall, located at 300 East Chapman Avenue, Orange,
CA 92866. The Engineer's Report includes:
A. A description of the Improvements to be funded with assessment
proceeds, services and incidental costs; and
B. An estimate of the annual cost of such Improvements; and
C. A description of the assessable parcels of land within the District
and proposed to be subject to the assessment; and
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D. A description of the proportionate special and general benefits
conferred on property by the proposed assessment; and
E. A description of the boundaries of the proposed Assessment
District; and
F. A specification of the amount to be assessed upon various types
of assessable land to fund the cost of the Improvements; and
G. The proposed method and formula of assessing the costs and
expenses of the Improvements to the properties which will
specially benefit from the Improvements; and
6. Description of Assessment District: The Assessment District consists of the
lots and parcels shown on the boundary map of the Assessment District on file
with the City Clerk, and reference is hereby made to such map for further
particulars.
7. Proposed Assessment Rate: It is the intention of this City Council to levy and
collect assessments within the Assessment District. The estimated fiscal year
2015 -16 cost of providing the Improvements is $328,840. Said estimated cost
results in a proposed Single Family Equivalent ( "SFE ") assessment rate of
TWO HUNDRED THIRTY -FIVE DOLLARS AND NO CENTS ($235.00) in
Zone A, and ONE HUNDRED SEVENTY -SIX DOLLARS AND NO CENTS
176.00) in Zone B for fiscal year 2015 -16. It is the further intention of the
City to have the assessment collected on the tax roll in the same manner, by
the same persons, and at the same time as, together with and not separately
from, its general taxes; and
8. Public Hearing: NOTICE IS HEREBY GIVEN THAT THE PUBLIC
HEARING ON THE PROPOSED ASSESSMENT SHALL BE HELD
BEFORE THE CITY COUNCIL OF THE CITY OF ORANGE IN THE
COUNCIL CHAMBERS OF THE CITY OF ORANGE CITY HALL,
LOCATED AT 300 EAST CHAPMAN AVENUE, ORANGE, CA 92866,
ON TUESDAY, JUNE 9, 2015 AT THE HOUR OF 6:00 P.M., OR AS
SOON THEREAFTER AS THE MATTER MAY BE HEARD, FOR THE
PURPOSE OF THIS CITY COUNCIL'S DETERMINATION OF
WHETHER THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY
REQUIRE THE IMPROVEMENTS AND THIS CITY COUNCIL'S FINAL
ACTION UPON THE REPORT AND THE ASSESSMENTS THEREIN. All
interested persons shall be afforded the opportunity to hear and be heard. Any
interested person may file a written protest with the City Clerk, or, having
previously filed a protest, may file a written withdrawal of that protest, prior to
the conclusion of the public input portion of the public hearing. A written
protest shall state all grounds of objection. A protest by a property owner
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shall contain a description sufficient to identify the property owned by the
signer thereof. The City Council shall consider all oral statements and all
written protests made or filed by any interested person; and
9. Notice and Ballot: The City Clerk hereby is authorized and directed to cause
Notice of the hearing ordered under Section VII hereof to be given in
accordance with law by United States Mail, and such Notice shall be deemed
to have been given when so deposited in the United States Mail. The
envelope or cover of the mailing shall include the name of the City. The
mailed Notice shall be given to all property owners of assessable parcels
within the Assessment District by such mailing by name to those persons
whose names and addresses appear on the last equalized secured property tax
assessment roll of Orange County, or in the case of any public entity, the
representative of such public entity at the address thereof known to the City
Clerk. The Notice shall include, but not be limited to, the total amount of
assessment proposed to be levied in the Assessment District for fiscal year
2015 -16, the assessment proposed for the owner's particular parcel(s) and the
duration thereof and the reason for the assessment. Each Notice shall also
contain the proposed assessment and the basis upon which the amount of the
assessment was calculated. Each Notice shall also contain an assessment
ballot, a summary of the procedures applicable to the completion, return and
tabulation of assessment ballots, the date, time, and location of the public
hearing and a statement that the existence of a majority protest will result in
the assessment not being imposed. The Notice herein provided shall be
mailed not less than forty -five (45) days before the date of the public hearing;
and
10. Additional Information: To obtain additional information about the proposed
assessments, the Assessment District or the proposed Improvements contact:
Marie Knight, Community Services Director, 230 East Chapman Avenue,
Orange, CA 92866, telephone number (714) 744 -7264. The Engineer's
Report and other written material about the Assessment District may also be
reviewed at the Office of the City Clerk during regular business hours; and
11. Annual Assessments: The assessments are proposed to be levied annually.
12. If the proposed assessments are approved and confirmed by the City Council,
the assessments will increase in future years by an amount up to the change in
the Los Angeles- Riverside - Orange County area Consumer Price Index, but not
exceeding three percent (3 %), multiplied by the proposed assessment without
a further vote or balloting process.
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13. In each subsequent year in which the assessments 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 noticed public hearing. The updated Engineer's Report shall
serve as the basis for the continuation of the assessments.
ADOPTED this 14 day of April, 2015
Teresa . Smith, Mayor, City of Orange
ATTEST:
Mary E. Mu City Clerk, i e
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 14 day of April, 2015, by the
following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN (RECUSED): COUNCILMEMBERS: Nichols
Mary E. y, City Clerk, CiJZo SOrange
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