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RES-9858 Preliminary Approval Annual Levy Landscape Maintenance Assessment District 94-1 Sycamore CrossingRESOLUTION NO. 9858 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 94-1 ( SYCAMORE CROSSING) 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. 94-1 (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 annua11evy 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 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 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 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 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 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 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 11th day of May, 2004.ity of Orange ATTEST: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 11th day of May, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN:COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None r~- Mary E. ~~, City Clerk, CitfO~ge PRELIMINARY ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO, 94- 1 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 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 EXHIBIT D ASSESSMENTROLL ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 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, of the Streets and Highways Code. PART 2 - PURPOSE OF REPORT The purpose of this report is to present the engmeermg 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 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 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 providesthatanassessmentdistrictmayconsistofcontiguousornoncontiguous 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 andDiagram, 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 OrangeCountyAssessor. A reduced scale copy of the Boundary Map and Diagram is attached as Exhibit A. 2 AIl 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 foIlows: A. Lot E Tract 14752 - GeneraIly 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 controIler;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 Maintenance shall include, but not be limited to: A. repair, removal, or replacement of all or any part of any includedimprovement; 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 tobeassessedonthevariousparcelsisshowninExhibitB.PART 6 - FINANCIAL ANALYSIS The facilities which are to be maintained by this landscape maintenance district wereinstalledbythedeveloperofTractNo. 14752. The estimated costs ofmaintenance, operation, and administration of the facilities are shown inExhibitC.The individual 2004/2005 assessments, tabulated by Assessor's Parcel Number, areonfIlewiththeCityClerkoftheCityofOrange, and are attached asExhibitD, Assessment Roll.The 1972 Act permits carrying forward surpluses or recovering deficits in subsequent fiscalyears. 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 $16,336.4 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'3~ o+a 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. 94- 1 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. 94- 1 City of Orange METHOD OF ASSESSMENT Jlacke-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 provide 100 year flood protection consistent with the National Flood Insurance 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 Exhibit B Page 2 of3 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 pleasing 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 has 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 Exhibit B Page 3 of 3 The unit cost for fiscal year 200412005 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 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 in 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. Exhibit C Page 10f3 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 2004/2005 Fiscal Year for the District is as follows:Total Salaries and Benefits 1, 881 152 118 23 188 2 12 28 5 66 47 2, 517 Regular Salaries - Miscellaneous Salaries PERS Pick- Up Workers Compensation Accrued Liability Payoff Health, Dental, and Life Unemployment Disability Medicare Vacation Payout-Misc. Pers Retirement Water Electricity Landscape Maintenance - Contractor Accounting and Auditing Services Other Professional & Consulting Services Contractual Services ( Labor & Maint.)5, 500 2, 000 12, 500 600 000 5. 000 Total Contractual Services 25, Exhibit C Page 2of3 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 2,056 2,056 Total Expenditures for Fiscal Year 2004/2005 30L173 Exhibit C Page 3 of 3 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 4, 019 16, 336 9. 818 30, 173 TOTAL EXPENDITURES Budget for Fiscal Year 2004/ 2005 TOTAL 30. 173 30, 173 ESTIMATED RESERVES Cash Flow Fund (6 mo. expenditures)Contingency Fund Assessment Rate Stabilization Fund TOTAL 15., 087 6, 035 1112. 139 137, Exhibit D Page 1 of 1 EXHIBITD ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 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