RES-9980 Annual Assessment for Special Maintenance District 86-2 Santiago HillsRESOLUTION NO. 9880
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 86-
2.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. 86-2 (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 fiscalyear 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
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 3rd 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,
the City of Orange
ATTEST:
MaryE,
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 22nd day of June, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: Coontz
COUNCILMEMBERS: None
ity Clerk, Cit~geMaryE.Mu
FINAL
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 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
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 engineering analysis for the 2004/
2005 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 ofthe 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 ofthe 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 of the City of Orange and with
the
County Assessor. A reduced scale copy of the 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 I8-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 I8-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 I7-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 10-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 17-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 18-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
Road.
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 18-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 - 14-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 Road.
5
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 this 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 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 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 200412005 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.
W. Thomas, RCE No. 18542
Public Works Director/City Engineer
7
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
Backllround 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
improvements.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
islands also provide similar enhancements for the residents in the
Exhibit B
Page 2of3
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
493,882. 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
from the Works of
Exhibit C
Page lof3
EXHIBITC
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
40,656
3,496
1,536
2,909
2,902
4,877
45
235
636
526
57,818
3,500
85,000
18,500
o
238,490
600
o
68,800
1000
415,890
Exhibit C
Page 2of3
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,
524 o
o
o
o
o
o
o
16,
524 Total
Expenditures for Fiscal Year 2004/
2005 493.
882 L
Exhibit C
Page 3 of3
EXHIBITC
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,
153432,
483 53.
246 493,
882 ESTIMATED
EXPENDITURES Budget for Fiscal Year 2004/2005 493,
882 ESTIMATED
RESERVES Cash Flow
Fund Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL223,
461
0
0 223,
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