RES-9985 Special Maintenance Annual Assessment District 94-1 Sycamore CrossingI
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RESOLUTION NO. 9985
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE LEVY OF
THE ANNUAL ASSESSMENT FOR SPECIAL
MAINTENANCE DISTRICT 94-
1.WHEREAS, the City Council of the City of Orange has previously formed a
special maintenance district pursuant to the terms of the Landscaping and Lighting Act of 1972 being part 2
of Division 15 of the Streets and Highways Code of the State of California, in what is known
and designated as Landscape Maintenance District No, 94-1 (hereinafter referred to as
Assessment
District);and WHEREAS, the City Council has initiated proceedings for the levy of the
annual assessment for the Assessment
District; and WHEREAS, at this time a public hearing has been held in the manner and form as
required by law, and the City Council has considered all oral statements and written protests made or filed
by all interested
persons; and WHEREAS, this City Council is now satisfied with the assessment and diagram and
all other matters as contained in the Engineer's Report as now submitted for final consideration and
approval, and is now desirous of proceeding with the levy of the
annual assessment.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange
as follows:
Section I:That the above recitals are all true
and correct.
Section II:That all protests and objections of every kind and nature by, and the same hereby
are, overruled
and denied.
Section III:That the final Engineer's Report consisting of the final submitted assessment and diagram
for the proceedings, is hereby approved and confirmed and a copy of said Report is hereby filed with
the
City Clerk.
Section IV:That the assessments for fiscal year 200512006 as contained in the final Engineer's
Report as approved, are hereby confirmed and levied upon the respective subdivisions of land in
the Assessment District in the amounts as set forth in said final approved Engineer'
Section V:
The City Clerk shall immediately accomplish the following:
A, Deliver to the Superintendent of Streets the assessment, together with the diagram attached
thereto and made a part thereof, as confirmed, with a Certificate of Confirmation attached and the date
thereof. Said Superintendent of Streets shall then immediately place for a record said diagram and
assessment in his office in a suitable book as a permanent record and attach a Certificate of Recordation,
B. Cause to be filed a certified copy of a diagram and assessment with the County Auditor, said
filing to be completed no later than the 3'" Monday in August.
Section VI:
That the above confirmed assessment shall be collected at the same time and in the same manner
as County property taxes are collected, and all laws providing for the collection and enforcement of these
assessments,
ADOPTED this 14th day of June, 2005,
JYt
ATTEST:
MaryE.M
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 14th day of June, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumjtru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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FINAL
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 Fiscal Year 2005/
2006 CITY OF
ORANGE June,
2005
TABLE OF CONTENTS
I PAGE
PART 1 AUTHORITY FOR REPORT 1
PART 2 PURPOSE OF REPORT 1
PART 3 DISCUSSION 1 - 2 PART
4 ENGINEER'S ANALYSIS 2-6
Boundaries 2-
3 Facilities
3-6 PART 5 METHOD OF
ASSESSMENT 6 PART 6 FINANCIAL
ANALYSIS 6 EXHIBIT A
DIAGRAM 7 EXHIBITB - METHOD OF
ASSESSMENT EXHIBIT C ESTIMATED
COSTS EXHIBITD ASSESSMENT
ROLL
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ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 City of
Orange PART I-AUTHORITY
FOR REPORT This Report is prepared pursuant to the order of the City Council of
the City of Orange in compliance with the requirements of Article 4,
Chapter 1,Landscaping and Lighting Act of 1972 (1972 Act), which is
Division 15,commencing with Section 22400, of the Streets and
Highways Code,PART 2 - PURPOSE OF
REPORT The purpose of this report is to present the engineering analysis for
the 2004/2005 fiscal year for the district known
as:Landscape Maintenance District No.
94-1 hereinafter referred to
as "District").This District, by direct benefit assessments, provides funding
for the maintenance, operation, and administration of
landscape maintenance improvements in a certain area of the City
of Orange.PART 3 -
DISCUSSION Streets and Highways Code, Section 22573, requires assessments to be
levied according to benefit rather than according to assessed value. The
section
states:The net amount to be assessed upon lands within an
assessment district may be apportioned by any formula or method
which fairly. distributes the net amount among all assessable lots
or parcels in proportion to the estimated benefits to be received
by each such lot or parcel from the
I
The determination of whether or not a lot or parcel will benefit
from the improvements shall be made pursuant to the
Improvement Act of 1911 (Division 7 commencing with Section
5000 of the Streets and Highways Code, State of California)."
The 1972 Act also provides for the classification of various areas within an
assessment district into different zones where,
by reason of variations in the nature, location, and extent of the
improvements, the various areas will receivll differing degrees of.
benefit from the improvements. A zone shall consist of all
territory which will receive substantially the same degree of
benefit from the improvements."
The assessments are levied on the basis of benefit, and are considered a
special benefit pursuant to Article XIIIC of the State Constitution.
Annexation of territory to an existing assessment district is provided by the
1972 Act, commencing with Section 22605. The 1972 Act further provides
that an assessment district may consist of contiguous or non contiguous
areas. Annexation proceedings are limited to the territory proposed to be
annexed.
PART 4 - ENGINEER'S ANALYSIS Boundaries
The
assessment district boundary is shown on a map entitled Boundary Map and
Diagram, Landscape Maintenance District No. 94-1, City of Orange,
which is on file with the City Clerk of the City of Orange and with the Orange
County Assessor. A reduced scale copy of the Boundary Map and Diagram is
attached as Exhibit A.
2
I
I
All parcels of real property affected are more particularly described in maps
prepared in accordance with Section 327 of the Revenue and Taxation Code,
which are on file in the office of the Orange County Assessor, and which are
made a part of this report by reference.
Facilities
The location of the works of improvement to be maintained under these
proceedings is described as follows:
A. Lot E Tract 14752 - Generally a 23 foot wide strip of land along the northerly
upper banks of Santiago Creek within Tract 14752;B.
Lot F Tract 14752 - Generally a 55 foot wide strip of land along the southerly upper
banks of Santiago Creek with Tract 14752;C. Lot
C Tract 14752 - Generally an irregular shaped parcel adjacent to Lot F Tract
14752.A general description
of the works of improvement to be maintained under these proceedings are
those generally described as follows:A. Ornamental shrubs,
trees, and ground cover;B. Habitat area
including natural shrubs, trees, and ground cover;C. Complete irrigation
system including pipes, valves, sprinkler heads,and controller;D.
Complete bike
trail including asphalt, signing, striping, and lighting;E.Soil cement
erosion protection.The following items
are excluded from the Maintenance District:A. The center
low flow channel of Santiago Creek.3
r- -----
Maintenance
shall include, but not be limited to:A.
repair, removal, or replacement of all or any part of any included improvement;
B.
providing for the life, growth, health, and beauty of landscaping,including
cultivation, irrigation, trimming, spraying, fertilizing, and treating
for disease or injury; and C.
the removal oftrimmings, rubbish, debris, and other solid waste.PART
5 - METHOD OF ASSESSMENT The method
of distributing the landscape maintenance costs and the amounts to be
assessed on the various parcels is shown in Exhibit B.PART 6 -
FINANCIAL ANALYSIS The facilities which
are to be maintained by this landscape maintenance district were installed
by the developer of Tract No. 14752. The estimated costs of maintenance,
operation, and administration of the facilities are shown in Exhibit
C.The individual 2005/
2006 assessments, tabulated by Assessor's Parcel Number, are on
flle with the. City Clerk of the City of Orange, and are attached as Exhibit
D, Assessment Roll.The 1972 Act
permits carrying forward surpluses or recovering deficits in subsequent fiscal years.
Costs for the District are reviewed annually and subsequent year's
assessments will be credited or debited, as necessary.The total assessment
to be levied for 2005/2006 by the district is $16,336.4
I
The assessments for Landscape Maintenance District No. 94-1, City
of Orange, have been apportioned in direct accordance with the special
and direct benefits that each parcel receives from the maintenance, operation,
and administration of the Works of
Improvement.S~2.b'
OS r W. Thomas, RCE No.
18542 Public Works Director/City
Engineer
I
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i -~r=.U<lW:
9n~
I Exhibit
A Page
1 of 1 EXHIBIT
A ENGINEER'
S REPORT ANNUAL
LEVY OF ASSESSMENT LANDSCAPE
MAINTENANCE DISTRICT NO. 94-1
City of Orange
DIAGRAM
HUT 1 0" 1 IHEIT BOUNDARY MAP
AHa
ASSESSMENT DIAGRAM
1'1'1~1l~: W ~u~ II
llUla;"Il"
10.11. lhU'!"4:1 rlI.u:r
r:. :I~! .. !ll
IIO.~
LANDSCAPE
MAINTENANCE DISTRICT
NO.
94-'CITY
OF ORANGE IU_ --
COUNTY OF ORANGE
cm___ STATE
OF CALIFORNIA I
4!!:tL"'~n '~~r'
rHM:
r :~l. hlM~:"'......_ ",...- :'!.::. ~HH'.' :'
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1 M_~
tlfJ!'::rdf.;:..
I ' L
4,.._ ~
i rM'
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QtlL-_,,-U,I:t!.alJl I
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flJ" :!t"!"1ILI'K. ::lIo\.;'
IllHIr:.,. :110'. ~!TRACT
NO, /
4752 l1li___
B-~-"-arr_.-11"_
Exhibit B
Page lof3
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EXHIBITB
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 City of
Orange METHOD OF
ASSESSMENT Backl!
round The Landscaping and Lighting Act of 1972 provides that assessments may be
apportioned by any formula or method which fairly distributes costs among all lots or parcels
within the district in proportion to the estimated benefits received. It is necessary to identify
the special benefit that the Works of Improvement will render to the properties within
the Assessment District. It is also necessary that the properties receive a special and
direct benefit as distinguished from benefit to the general
public.Method of
Assessment IDENTIFY THE SPECIAL
BENEFIT First of all, it is necessary to identify the special benefit that the public improvement
will render to the properties within the boundaries of Landscape Maintenance District No.
94-1. The improvements consist of landscaping and a bicycle trail along the upper banks
of Santiago Creek. The creek is a natural flood control channel running through
Tentative Tract 14752. As a condition of developing the tract, it is necessary to improve the creek
to I provide 100 year flood protection consistent with the National Flood Insuranc~
Program.Alternative designs were looked at ranging from a concrete lined channel to a
multi-use natural looking channel. The later was chosen to provide a visually
pleasing channel with landscaping along both banks, a useful bike and pedestrian trail, and
an interesting
biotic habitat.
Exhibit B Page
r
The Orange County Flood Control District will own and maintain the center 96 foot wide
low flow channel. The City of Orange will own and LMD 94-1 will maintain 23 feet on
the north side and 55 feet on the south side of the
channel.The special and direct benefit that each property owner will receive is a visually
pleasinb landscaped entrance to their tract in addition to necessary flood protection. The bike
and pedestrian trail will provide direct access to Hart Park, a City park with
numerous recreation facilities. There are many homes in the District that back up to
Santiago Creek and the landscape improvement. Their back fences will be made of wrought iron
so they can enjoy the beauty and spaciousness of the landscape
improvement.APPORTIONMENT OF
COSTS In further making the analysis, it is necessary that the property owners receive a
special and direct benefit distinguished from that of the general public. In this case, an
in-depth analysis was made, and several factors are being used in the final method and
spread of assessments. In analyzing the overall district, it is noted that there are two
types of development. There are 160 single family detached residential units on the north
side of Santiago Creek and a 1.385 acre commercial site on the south side
recently developed with
senior housing.All 160 residential units are relatively the same except for the fact that 36 units
back up to the landscape improvement. The developer ~as placed an approximate 2%
lot premium on these lots. This same differential was used in determining the assessment. A
unit cost factor of 1.02 is assigned to these 36 units and the remaining 124 units have a
cost factor of 1.0. The commercial site has been developed as low income housing for
senior citizens.
Exhibit B Page
The unit cost for fiscal year 2005/2006 will be $100.00. Therefore, the assessment levied
on the 124 interior residential units will be $100.00, and for the 36 residential units along
I
the channel it will be $102.00. In analyzing the special benefit to the senior citizen
housing site we recognize the fact that seniors are generally not mobile enough to use the
bike and pedestrian trail and therefore have limited access to the landscape
improvement. The special benefit is limited to the visibility of the landscaping from the
north facing units. With this in mind, a unit cost factor of 2.04 was assigned to the
seniors housing site. Since the enactment of Prop 218, publicly owned property within
the District is no longer exempt from assessment. There are two lots within the
boundaries of the District that are owned by the City of Orange. One is a small lot to be
used ~n the future for a domestic water well. The other is a larger lot that will someday
be used for recreation purposes. The special benefit to these lots is minimal at this time.
A unit cost factor of 0.20 is assigned to the well site and a unit cost factor of 0.40 to the
recreation site. The total of the assessments levied on the parcels is $16,336. This is the
same as last fiscal years assessment.
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Exhibit C
Page 10f3
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EXHIBITC
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 City of
Orange ESTIMATED
COSTS The estimated budget necessary for the 2005/2006 Fiscal Year for the District is
as .
follows:Regular Salaries - Miscellaneous
Salaries PERS Pick-
Up Workers
Compensation Accrued Liability
Payoff Health, Dental, and
Life
Unemployment
Disability
Medicare Vacation
Payout-Misc.
Pers Retirement
1,
848
159
132
24
221
2
11
29
70 132
2,628
9,750 .
2,000
10,
300
600 000
4.200
26,850 Total Salaries
and
Benefits
Water Electricity Landscape Maintenance -
Contractor I Accounting and Auditing
Services Other Professional & Consulting
Services Contractual Services ( Labor &
Maint.)Total Contractual
Exhibit C
Page 2 of3
Seeds and Plants
Electrical Supplies
Pipes and Fittings
Lumber, Screws, Nails, Etc.
0
0
0
LQ
Total Materials and Supplies 0
G & A Overhead Allocation
FMIS Allocation
Total Internal Services Costs
2,065
L.Q
Total Expenditures for Fiscal Year
2005/2006
JIU.5G
Exhibit C
Page 3 of3
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EXHIBIT C
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 City of
Orange ESTIMATED FUND
BALANCES ESTIMATED
REVENUES Interest on fund
Balance Assessments for Fiscal Year 2004/
2005 Use of Rate Stabilization
Fund
TOTAL 3,
794 16,
336 U1.
413 31,
543 TOTAL
EXPENDITURES Budget for Fiscal Year 2004/
2005
TOTAL 31.
543 31,
543 ESTIMATED
RESERVES Cash Flow Fund (6 mo.
expenditures)Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL 15,
772 6,
309 105.
814 127,
895
Exhibit D
Page 1 of 1
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EXHIBITD
ENGINEER'S REPORT.
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 City of
Orange FISCAL YEAR 2005/2006 ASSESSMENT
ROLL The assessed parcels and assessments are listed by their corresponding
assessment numbers in the following Assessment
Roll.
FUNDN01 APN LEVY FUNDN02 LMD94-
1 F7 39035103 40.00
058 F7 39035104 20.00
058 F7 39035111 204.00
058
I F7 93804015 102.00
058 F7 93804016 102.00
058 F7 93804017 102.00
058 F7 93804018 102.00
058 F7 93804019 102.00
058 F7 93804020 102.00
058 F7 93804021 102.00
058 F7 93804022 102.00
058 F7 93804023 100.00
058 F7 93804024 100.00
058 F7 93804025 100.00
058 F7 93804026 100.00
058 F7 93804027 102.00
058 F7 93804028 100.00
058 F7 93804029. 100.00
058 F7 93804030 100.00
058 F7 93804031 100.00
058 F7 93804032 100.00
058 F7 93804033 100.00
058 F7 93804034 100.00
058 .F7 93804035 100.00
058 F7 93804036 100.00
058 F7 93804037 100.00
058 F7 93804038 100.00
058 F7 93804039 100.00
058 F7 93804040 100.00
058 F7 93804041 100.00
058 F7 93804042 100.00
058 F7 93804043 100.00
058 F7 93804044 100.00
058
I F7 93804045 100.00
058 F7 93804046 100.00
058 F7 93804047 100.00
058 F7 93804048 100.00
058 F7 93804049 100.00
058 F7 93804050 100.00
058 F7 93804051 100.00
058 F7 93804052 100.00
r-
F7 93804053 100.00 058
F7 93804054 100.00 058
F7 93804055 100.00 058
F7 . 93804056 100.00 058
F7 93804057 100.00 058
F7 93804058 100.00 058
F7 93804059 100.00 058
F7 93804060 100.00 058
F7 93804061 100.00 058
F7 93804062 .100.00 058
F7 93804063 100.00 058
F7 93804064 100.00 058
F7 93804065 100.00 058
F7 93804066 102.00 058
F7 93804067 102.00 058
F7 93804068 102.00 058
F7 93804069 102.00 058
F7 93804070 102.00 058
F7 93804071 102.00 058
F7 93804072 102.00 058
F7 93804073 100.00 058
F7 93804074 100.00 058
F7 93804075 100.00 058
F7 93804076 100.00 058
F7 93804077 100.00 058
F7 93804078 100.00 058
F7 93804079 100.00 058
F7 93804080 100.00 058
F7 93804081 100.00 058
F7 93804082 100.00 058
F7 93804083 100.00 058
F7 93804084 100.00 058
F7 93804085 102.00 058
F7 93804086 102.00 058
F7 93804087 102.00 058
F7 93804088 102.00 058
F7 93804089 102.00 058
F7 93804095 100.00 058
F7 93804096 100.00 058
F7 93804097 100.00 058
F7 93804098 100.00 058
F7 93804099 100.00 058
F7 93804100 100.00 058
F7 93804101 100.00 058
F7 93804102 100.00 058
F7 93804103 100.00 058
I
F7 93804104 100.00 058
F7 93804105 100.00 058
F7 93804106 100.00 058
F7 93804107 100.00 058
F7 93804108 100.00 058
F7 93804109 100.00 058
F7 93804110 100.00 058
F7 93804111 100.00 058
F7 93804112 100.00 058
F7 93804113 100.00 058
F7 93804114 100.00 058
F7 93804115 100.00 058
F7 93804116 100.00 058
F7 93804117 100.00 058
F7 93804118 100.00 058
F7 93804119 100.00 058
F7 93804120 100.00 058
F7 93804121 100.00 058
F7 93804122 100.00 058
F7 93804123 100.00 058
F7 93804124 100.00 058
F7 93804125 100.00 058
F7 93804126 100.00 058
F7 93804127 100.00 058
F7 93804128 100.00 058
F7 93804129 100.00 058
F7 93804130 100.00 058
F7 93804131 100.00 058
F7 93804132 100.00 058
F7 93804133 100.00 058
I
F7 93804134 100.00 058
F7 93804135 100.00 058
F7 93804136 100.00 058
F7 93804137 100.00 058
F7 93804138 100.00 058
F7 93804139 100.00 058
F7 93804140 100.00 058
F7 93804141 100.00 058
f-
F7 93804142 100.00 058
F7 93804143 100.00 058
F7 93804144 100.00 058
F7 93804145 100.00 058
F7 93804146 100.00 058
F7 93804147 100.00 058
F7 93804148 100.00 058
F7 93804149 100.00 058
F7 93804150 102.00 058
F7 93804151 100.00 058
F7 93804152 100.00 058
F7 93804153 100.00 058
F7 93804154 100.00 058
F7 93804155 100.00 058
F7 93804156 100.00 058
F7 93804157 100.00 058
F7 93804158 100.00 058
F7 93804159 100.00 058
F7 93804160 100.00 058
F7 93804161 100.00 058
F7 93804162 100.00 058
F7 93804163 100.00 058
F7 93804164 100.00 058
F7 93804165 100.00 058
F7 93804166 102.00 058
F7 93804167 102.00 058
F7 93804168 102.00 058
F7 93804169 102.00 058
F7 93804170 102.00 058
F7 93804171 102.00 058
F7 93804172 102.00 058
F7 93804173 102.00 058
F7 93804174 102.00 058
F7 93804175 102.00 058
F7 93804176 102.00 058
F7 93804177 102.00 058
F7 93804178 102.00 058
F7 93804179 102.00 058
16336.00