RES-9856 Preliminary Approval Annual Levy Landscape Maintenance Assessment District 86-2 Santiago HillsRESOLUTION NO. 9856
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 86-2 (SANTIAGO
HILLS)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 Califomia, said special maintenance district known and designated as
Landscape Maintenance District No. 86-2 (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
Section II:
That the public interest and convenience require, 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 as follows:
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 of improvements are of direct benefit to the properties within the
boundaries of said Maintenance District, which Maintenance District tht: 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 of this 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 ofthe 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 designated 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-
5559 ADOPTED this II
th day of May,
2004.
yofOrange
ATTEST:
D.Mary E. M hy, City Clerk, City 0
ge 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 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
PRELININARY
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 Fiscal Year 2004/
2005 CITY OF
ORANGE May,
TABLE OF CONTENTS
PAGE
PART 1 AUTHORITY FOR REPORT 1
PART 2 PURPOSE OF REPORT 1
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 EXHIBIT B METHOD
OF ASSESSMENT EXHIBIT C
ESTIMATED COSTS EXHIBITD
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 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, of the Streets and Highways Code.
PART 2 - PURPOSE OF REPORT The
purpose of this report is to present the engmeermg analysis for the 200412005
fiscal year for the district known as:Landscape
Maintenance District No. 86-2
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, and are considered a
special assessment pursuant 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. 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 assessment district boundary is shown on a map entitled Boundary
Map and Diagram, Landscape Maintenance District No. 86-2, City
of Orange,which is on file with the City Clerk ofthe City of Orange and with
the
County Assessor. A reduced scale copy ofthe Boundary Map and Diagram is
attached as Exhibit A.
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:
A. Parkway and Recreation Areas:
1. Newport Boulevard - approximately IS-foot wide zone (including
the width of the sidewalk) from the back of the curb to the
property line, and corner cutoffs at intersections, on the east side
from Chapman Avenue to 312 feet south of the centerline of
Skylark Place.
2. Chapman Avenue - approximately IS-foot wide zone (including
the width of the sidewalk) from the back of the curb to the
property line, and corner cutoffs at intersections, on south side
from Newport Boulevard to Jamboree Road.
3. Canyon View Avenue - approximately 3D-foot wide zones
including the width of the sidewalk) from the back of the curb to
the property line, and corner cutoffs at intersections, on both
sides from Newport Boulevard to Jamboree Road.
4. White Oak Ridge - approximately l7-foot wide zones (including
the width of the sidewalk) from the back of the curb to the
property line, and corner cutoffs at intersections, on both sides
from Newport Boulevard to Canyon View Avenue.
3
5. Trails End Lane - approximately 17-foot wide zone on the west
side and approximately 28- to 32-foot wide zone on the east
side including the width of the sidewalks), both zones from the
back of the curb to the property line, and corner cutoffs
at intersections, from White Oak Ridge to Chapman
Avenue.6. Handy Creek Corridor - from the intersection of Chapman
Avenue and Newport Boulevard to White Oak Ridge and from
White Oak Ridge to the intersection of Canyon View Avenue and
Handy Creek Road (Lot 20, a portion of Lot 11, and Lot D of Tract
No. 12417) including concrete walkways which also serve as
emergency access ways.
7. Paseo. approximately 50-foot wide zone from the Park to
White Oak Ridge and from White Oak Ridge to Old Camp Road (Lots
A and B of Tract No. 12417) and approximately 35-foot
wide zone from the Paseo to White Oak Ridge (Lot C of Tract
No. 12417)including surface and subsurface drainage facilities
and concrete walkways which also serve as emergency
access ways.8. Handy Creek Road - approximately lO-foot wide
zone (including the width of the sidewalks) on south side from the back
of the curb to the property line form the end of Handy
Creek Corridor Lot D, Tract No. 12417) near Canyon View Avenue
to the northerly terminus of
the street.9. Fort Road - approximately l7-foot wide zones (
including the width of the sidewalks) from the back of the curb to
the property line on south side from White Oak Ridge to
Jamboree Road.10. Santiago Canyon Road - approximately l8-foot
wide zone including the width of the sidewalk) from back of curb to
back of sidewalk on north and south sides from Newport
Boulevard to
Jamboree
11. Old Camp Road - approximately 4-foot wide zones from back of
curb to property line on both sides from Canyon View Avenue to
the northerly terminus of the street.
12. Skylark Place. approximately 18-foot wide zones (including
the width of the sidewalk) from back of the curb to the property
line on both sides from White Oak Ridge to Newport
Boulevard.13. Jamboree Road. variable width zone (including the width of
the bike trail-sidewalk) from the back of the curb to the
property line on the west side from Canyon View Avenue to
Chapman Avenue.14. Additional Areas - areas adjacent to the IS-foot wide
zones along Skylark Place, Chapman Avenue, and Jamboree Road
have been dedicated to the City with tracts 12672,12741,12711,
15398 and PM 92-195. Such areas have been landscaped
by the developers and the sprinkler systems tied into
the District'
s.B. Medians:1. Chapman Avenue - 14-foot wide median
from Newport Boulevard
to Jamboree Road.2. White Oak Ridge - 14-foot wide medians
at Newport Boulevard and
Canyon View Avenue.3. Trails End Lane - l4-foot wide median from White
Oak Ridge
to Chapman Avenue.4. Jamboree Road - 24-foot wide median from
southerly City limits to
Santiago Canyon Road.5. Santiago Canyon Road - Variable width from
Newport Boulevard to
Jamboree
6. Newport Boulevard - 22-foot wide median from Chapman Avenue
to Santiago Canyon Road.
The following items are excluded from the Maintenance District:
A. The 8 :t acre park is excluded from this Landscape Maintenance
District.
B. Sidewalks along all streets are excluded from thi:s Landscape
Maintenance District.
C. The equestrian trail along Canyon View Avenue is excluded from this
Landscape Maintenance District.
Maintenance shall include, but not be limited to:
A. repair, removal, replacement or installation of all or any part of any
included improvement such as storm drains and pedestrian walkways
in the paseos;
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.PART
6 - FINANCIAL ANALYSIS The facilities
which are to be maintained by this landscape maintenance district were
installed by Assessment District No. 86-1, City of Orange. The 6
estimated costs of maintenance, operation, and administration of the facilities
are shown in Exhibit C.
The individual 2003/2004 assessments, tabulated by Assessor's Parcel
Number, are on file 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 within the boundaries of the District 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 2004/2005 by the district is $432,483.
The assessments for Landscape Maintenance District No. 86-2, 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-<>4-a y W. Thomas, RCE
No. 18542 Public Works Director/
City
Exhibit A
Page 1 of 1
EXHIBIT A
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 City of
Orange
DIAGRAM The Boundary Map shown in a reduced-scale
Exhibit B
Page 10f3
EXHIBITB
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 City of
Orange METHOD OF
ASSESSMENT Backe:
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 The parkways and medians consist of landscaped areas along the edge of
or within the middle of streets and highways in the District. The District
also has landscaped corridors extending through the developed area which
provide access to the school and park. The improvements in these areas consist
of trees, shrubs, ornamental vegetation, and appurtenant improvE'
ments.The improvements extend throughout the development area and
serve several purposes. The landscaped parkway zones along the streets
and highways enhance the public walkways throughout the District and
allow pedestrian access to the residents in the area. These parkway zones
also provide passive and active recreational uses as well as the
aesthetic enhancement for the total development area. Landscaped median
islRnds also provide similar enhancements for the residents in the
Exhibit B
Page 20f3
The landscaped recreation/pedestrian corridors throughout the District
provide for open space and recreational uses which connect with the park and
school site throughout the development area. Besides contributing to the
active and passive recreation use in the area, the corridors aesthetically
enhance the area within the District and therefore increase the value of the
parcels.
Maintenance of these public improvements primarily renders a people
oriented benefit to the properties within the boundaries of the Assessment
District and, as such, relates to the number of persons in each dwelling unit
on each property. These benefits are direct and special to the properties
within the District.
In analyzing the overall development area, it was noted that there were two
types of residential dwelling units - attached and detached. The assessment method
therefore was established in recognition of the people oriented benefits
of the improvements and the relative number of persons associated with
the two dwelling unit types. The result was an equivalent dwelling unit factor
that related the number of persons in attached dwelling units to detached
dwelling units. The attached dwelling unit factor was established as
being equivalent to 0.6. The factor was established after analyzing various residential
information for a typical District.With
the final buildout of the land within the District complete, it is now possible
to determine the total number of equivalent dwelling unit factors.That
total is 1441.61.
Exhibit B
Page 30f3
There is an area within the boundaries of the District designated for mixed
use. This mixed use area is now developed and has been assigned dwelling
units based on the average density of the multi-family residential
parcels within the District. The equivalent dwelling units for the mixed use
property are determined by multiplying the number of assigned dwelling units by
the attached dwelling unit factor of 0.6. Each year the average density and
the equivalent dwelling units will be recalculated to accommodate any changes
to multi-family parcels in
the district.The total annual maintenance cost for fiscal year 2004/2005 is estimated
to be 486,445. A portion of the maintenance cost will be funded from
the reserve established for the District; the assessment levied on the parcels
will be 432,483. The total estimated number of dwelling units
upon ultimate development has been used to determine the annual assessment
amount for detached dwelling units ($300.00) and attached dwelling units ($
180.00).This amount is the same as Fiscal
Year 2003-2004.Lots 9, 10, 11, 15, and 19 of Tract No. 12417 have not
been assessed because they have been excluded from the District. The cost
of maintaining the landscape improvements on these publicly owned parcels is not
paid for by the District but rather from the general fund of the public
agency owning the parcel. Therefore, these publicly owned parcels do not
receive any special benefit
from the District.The assessments for the above-referenced
Maintenance District have been spread in accordance with the special benefits that
each parcel receives
Exhibit C
Page 10f3
EXHIBIT C
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 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
PERS Retirement
Health, Dental, and Life
Unemployment
Disability
Medicare
Accrued Liability Payoff
Total Salaries and Benefits
Telephone Allocation
Water
Electricity
Repairs to Buildings and Fixed Equipment
Landscape Maintenance - Contractor Accounting
and Auditing Services Other
Professional and Consulting Services Contractual
Services (Labor and Maint.)Local
training conferences and Assoc. dues Total
Contractual Services 41,
406 3.
341 1.
441 2.
59]1,
029 4,
140 44
265
623
515
55,
395 3,
500 85,
000 18,
500 o
233,
100 600
o
68,
800 1000
410,
500
Exhibit C
Page 2 of3
Seeds and Plants
Trees
Other Agricultural and Nursery Supplies
Operating Supplies and Expenses
Electrical Supplies
Pipes and Fittings
Minor Office Supplies
Total Materials and Supplies
o
o
o
3,550
o
o
100
3,650
G & A Overhead Allocation
Data Processing Allocation
Vehicle Maintenance Allocation
Vehicle Straight - Line Vehicle
Inflation Factor Fuel
Allocation Computer
Replacement FMIS
Allocation Total
Internal Service Costs 16,
900 o
o
o
o
o
o
o
16,
900 Total
Expenditures for Fiscal Year 2004/
2005 486.
445
Exhibit C
Page 3 of3
EXHIBIT C
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 City of
Orange ESTIMATED FUND
BALANCES ESTIMATED
REVENUES Interest on Fund
Balance Assessment for Fiscal Year 2004/
2005 Use of Rate Stabilization
Fund
TOTAL 8,
153 4~12.
483 35.
809 486,
445 ESTIMATED
EXPENDITURES Budget for Fiscal Year 2004/2005 486,
445 ESTIMATED
RESERVES Cash Flow Fund (5.7 mo.
expenditures)Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL 230,
809
0L---.
O.230,
Exhibit D
Page 1 of 1
EXHIBITD
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 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.Eng. Report &