RES-9854 Preliminary Approval Annual Levy Landscape Maintenance Assessment District 82-1 Shadow RidgeRESOLUTION NO. 9854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE GIVING PRELIMINARY APPROVAL TO
THE CERTIFIED ENGINEER'S REPORT FOR
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
82-1 (SHADOW RIDGE) AND DECLARING
ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS IN THAT
SPECIAL MAINTENANCE DISTRICT AND SETTING A TIME
AND PLACE FOR PUBLIC HEARING TO RECEIVE
EVIDENCE ON THE FOREGOING
MATTERS.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 Division 15, page 2 of the Streets and Highways Code of the State
of California, said special maintenance district known and designated as
Landscape Maintenance District No. 82-1 (hereinafter referred to as Maintenance
District); and WHEREAS, there has now been presented to the City Council
the Certified Engineer's Report (hereinafter Report) as required by said Division 15 of the
Streets and Highways
Code; and WHEREAS, the City Council has now carefully examined and
reviewed the Report as presented, and is satisfied with each and all of the items and documents
as set forth therein, and the Council has made a preliminary determination that
the assessments have been spread in accordance with the benefits received from the maintenance,
from the maintenance to be performed, as set forth in said
Report; and WHEREAS, at this time the City Council is desirous in
commencing proceedings to provide for the annual levy of assessments for the next ensuing fiscal year in
order to provide for the costs and expenses necessary to pay for the maintenance
of the improvements in said
Maintenance District.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 the public interest and convenience requires, and it is the intention
of the City Council, to undertake proceedings for the annual levy and collection
of assessments to pay the costs and expenses for the maintenance of the improvements for
the above referenced Maintenance District, said improvements generally described
The works of maintenance shall include the repair, removal or replacement of any
of the landscaping improvements, together with necessary cultivation, irrigation,
trimming, spraying, fertilizing, and treating for disease or injury. For particulars,
reference is made to the Engineer's Report on file in the office of the City Clerk.
Section III:
That said works if improvements are of direct benefit to the properties within the
boundaries of said Maintenance District, which Maintenance District the legislative body
previously declared to be the area benefited by said works of improvement, and for
particulars, reference is made to the boundary map as previously approved by the City
Council, a copy of which is on file in the office of the City Clerk and open for public
inspection, and is designated by the name ofthis Maintenance District.
Section IV:
That the Report of the Engineer is hereby approved on a preliminary basis and is
ordered to be on file with the City Clerk and open for public inspection. Reference is
made to said Report for a full and detailed description of the existing works of
improvement, the boundaries of the Maintenance District and any zones therein, and the
proposed assessments upon assessable lots and parcels of land with the Maintenance
District.
Section V:
Notice is hereby given that Tuesday, the 22nd day of June, 2004, at the hour of
7:00 P.M., in the regular meeting place of the City Council, being the Council Chambers,
City Hall, is the time and place fixed by the City Council for hearing protests or
objections in reference to the annual levy of assessments and to any other matters
contained in this Resolution. Any persons who wish to object to the proceedings or the
annual levy should file a written protest with the City Clerk prior to the time set for the
public hearings.
Section VI:
For any and all information relating to these proceedings, including information
relating to protest procedure, your attention is directed to the person desi gnated below:
Bob Knaak, Development Services Supervisor
City of Orange Public Works Department
P.O. Box 449 - 300 East Chapman Avenue Orange,
California 92866-0449
714) 744-
ADOPTED this II th
day of May, 2004.
fOrange
ATTEST:
E
MaryE
I, MARY E. MURPHY, City Clerk, 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 II th day of May, 2004, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
M~~(~fOc~g,
3-
PRELIMINARY
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 Fiscal Year 2004/
2005 CITY OF
ORANGE May,
TABLE OF CONTENTS
PAGE
PART 1 AUTHORITY FOR REPORT 1
PART 2 PURPOSE OF REPORT
PART 3 DISCUSSION I .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 - 7 EXHIBIT
A DIAGRAM EXHIBITB METHOD
OF ASSESSMENT EXHIBIT C
ESTIMATED COSTS EXHIBITD
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange PART 1 - 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, ofthe Streets and Highways Code.
PART 2 - PURPOSE OF REPORT The
purpose of this report is to present the engineering analysis for the 200412005
fiscal year for the district known as:Landscape
Maintenance District No. 82-1
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 improvements.
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 receive 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 are considered a special
assessment subject to Article XIIIC of the State Constitution.
Properties owned by public agencies, such as a city, county, state, or the
federal government and public utilities are assessable pursuant to Article
XIIIC. Railroad operating rights-of-way are exempt
from assessment.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 exterior boundaries of District No.82-l are more particularly
described in Exhibit "A" of Resolution 5800. The boundaries of said District
are coincident with the subdivision known as Tract 10486, consisting of 56 lots
and
on a map recorded in Book 487, Page 3 to 7, inclusive, of Miscellaneous Maps
in the office of the County Recorder for Orange County California. Said lots
are shown on Exhibit "A" attached hereto.
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 landscape improvements are generally described as follows:
The improvement areas as more particularly shown and described in Exhibit
A" to Resolution 5800, have been previously improved with trees, shrubs,
miscellaneous ground cover, automatic irrigation system and separate water
meter, pursuant to landscape plans approved by the City of Orange.
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 of trimmings, 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.3
PART 6 - FINANCIAL ANALYSIS The
facilities which are to be maintained by this landscape, maintenance district
were installed by the developer of Tract No. 10486. The estimated costs
of maintenance, operation, and administration of the facilities are shown
in Exhibit C.The
individual 2004/2005 assessments, tabulated by Assessor's Parcel Number,
are on fue with the City Clerk of the City of Orange, and are attached
as Exhibit D, Assessment Roll.All
lots and parcels of land known as public property, as defined under Section
22663 of the 1972 Act, have been included and are assessable under these
proceedings.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 200412005 by the district is $9,660.The
assessments for Landscape Maintenance District No. 82-1, 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.
5.3-
0"a y W. Thomas, RCE No.
18542 Public Works Director/City
Engineer
Exhibit A
Page 1 of 1
EXHIBIT A
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange
DIAGRAM The Boundary Map shown in a reduced-scale
Exhibit B
Page 10f2
EXHIBITB
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
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
special benefits received. It is necessary to identify the 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 The undersigned has determined that all lots within the District do
not benefit equally from the landscaped
areas.Lots 1-10 receive major benefit from the District since slopes
which provide lateral support and protection of their homes constitutes the major
cost of maintenance within the District. Lots 11-56 receive benefits in
the form of beautification from perimeter tract landscaping. They
receive equal benefit in the form of visual amenities
to their property.Using the previous benefit evaluation, Lots 1-10 will share
50% of the total cost of yearly maintenance. Lots 11-56 will share
the remaining 50% of
Exhibit B
Page 20f2
Assessment to Lots 1-
10 Assessment to Lots
11-56 483.00 LotlYear (l/10x50%) ($9.
660.00)105.00 LotlYear (l/46x50%) ($9.
660.00)This assessment is the same as Fiscal Year
Exhibit C
Page 10f3
EXHIBIT C
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange ESTIMATED
COSTS The estimated budget necessary for the 2004/2005 Fiscal Year for the
District is as
follows:Regular Salaries - Miscellaneous
Salaries PERS Pick-
Up Vacation Payout - Miscellaneous
Workers Compensation
Accured Liability Payoff
Health, Dental, and Life
Unemployment
Disability
Medicare
Pers Retirement
Total Salaries and Benefits
Water
Electricity
Landscape Maintenance - Contractor Other
Professional & Consulting Services Contractual
Services (Labor & Maint.)Total
Contractual Services 1,
882 152
if)
118
24
188
2
12
28
47
2,
519 1,
575 500
5,
500 600
3.
800 11,
975
Exhibit C
Page 20f3
Seeds and Plants
Pipes and Fittings
0
Q
Total Materials and Supplies 0
G & A Overhead Allocation
FMIS Allocation
210
o
Total Internal Service Costs 210
Total Expenditures for Fiscal Year
2004/2005
14.710
Exhibit C
Page 30f3
EXHIBITC
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
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
700 D.
660 U,
350 14,
710 TOTAL
EXPENDITURES Budget for Fiscal Year 2004/2005 14,
710 ESTIMATED
RESERVES Cash Flow Fund (6 mo.
expenditures)Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL 6,
600 2,
640 U.
961 13,
Exhibit D
Page 1 of 1
EXHIBITD
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange FISCAL YEAR 2004/2005 ASSESSMENT
ROLL The assessed parcels and assessments are listed by their
corresponding assessment numbers in the following Assessment
Roll.Filename Eng. Report