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RES-9879 Annual Assessment for Special Maintenance District 82-1 Shadow RidgeRESOLUTION NO. 9879 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 82- 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, 82-1 (hereinafter referred to as Assessment District);and WHEREAS, the City Council has initiated proceedings for the levy of the annnal 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 2004/2005 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' s Report, 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 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 22nd day of June, 2004, of Orange ATTEST: r: I, MARY E. MURPHY, City Cler 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 22ndday of June, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: Coontz COUNCILMEMBERS: None z~ Mary E.y,Clerk, Ci 2- FINAL ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 82- 1 Fiscal Year 2004/ 2005 CITY OF ORANGE June, 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- 7 EXHIBIT A DIAGRAM EXHIBITB METHOD OF ASSESSMENT EXHIBIT C ESTIMATED 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, 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. 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 ofthe 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.82-1 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 ofthis 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. 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 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, 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 2004/2005 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. rry W, Thomas, RCE No. 18542 Public Works Director/City Engineer 4 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 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 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 2of2 Assessment to Lots 1- 10 Assessment to Lots 11-56 483.00 LotlYear (1I10x50%) ($9, 660.00)105.00 LotlYear (1I46x50%) ($9, 660.00)This assessment is the same as Fiscal Exhibit C Page 1of3 EXHIBITC 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, 848 159 70 132 24 222 2 11 29 132 2, 629 1, 575 500 5, 500 600 3. 800 11, 975 Exhibit C Page 2of3 Seeds and Plants Pipes and Fittings 0 Q Total Materials and Supplies 0 G & A Overhead Allocation FMIS Allocation 206 o Total Internal Service Costs 206 Total Expenditures for Fiscal Year 2004/2005 S14.810 Exhibit C Page 3of3 EXHIBIT C 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 2003/ 2004 Use of Rate Stabilization Fund TOTAL 700 9, 6604. 450 14, 810 TOTAL EXPENDITURES Budget for Fiscal Year 2003/2004 14, 810 ESTIMATED RESERVES Cash Flow Fund Contingency Fund Assessment Rate Stabilization Fund TOTAL 6, 551 2, 620 3, 930 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 82.