RES-9756 Annual Assessment Approval For Special Maintenance District 82-1RESOLUTION NO. 9756
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
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 a&Sessments for fiscal year 2003/2004 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 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 ofthese assessments,
ADOPTED this 8th day of July, 2003,
ATTEST:
d~Cassandra 1. Cat , City Clerk, City of Orange
I, CASSANDRA J, CATHCART, 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 8th day of July, 2003, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: Alvarez
COUNCILMEMBERS: None
4~~~~/
Ar7 Cassandra
J, Cathc , City Clerk, City of Orange
FINAL
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 Fiscal Year 2003/
2004 CITY OF
ORANGE July,
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 COSTS EXHIBITD - ASSESSMENT
ROLL
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 2003/
2004 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 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 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 shown
2
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,
I'"'
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,
I'"'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 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 dermed 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 2003/2004 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.
H W. Thomas, RCE No. 18542
Public Works Director/City Engineer
4
Exhibit A
Page 10f1
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 format
4.IMJ 1_ 'U" I...-^-.... 514,.-. .Flmm · '7P.!.E
A1/0 CRmlut) CavEll l\At1n~AU)..z. - ASSESSMENT
NUMBER.
r 2 41 i3
w .
3S
I ~.S
l!::~.
SS -~-s ~
l-'
D
J2
34
I. ~S'H.
cupJ
4HtX),('
7 au
14
U C~nRJ l'
t PA~~
l' '''' ,.\
oIt omte
0;::
Ill..1.
L ~ roREII\AN. ttiC.I!c.-L
a.tlt~1..1 AVl:llU!
tDHA M..~A. tA ,z(,zufA l-I.,,:
a PlTE.D~ F'RtPJ.P,
a.Tl0N:NOV.
Z4.IUl EXHIBIT A LANDSCAPE ASSESSMENT 01
STRICT LAO 82-1
Exhibit B
Page 1 of2
EXHIBITB ENGINEER'
S REPORT ANNUAL
LEVY OF ASSESSMENT LANDSCAPE
MAINTENANCE DISTRICT NO. 82-1
City of Orange
METHOD OF ASSESSMENT
Backl!"1'Ound
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 the total
Exhibit B
Page 2 of2
Assessment to Lots 1-
10 Assessment to Lots
11-56 483.00 Lot/Year (1/l0x50%) ($9,
660.00)105.00 Lot/Year (1/46x50%) ($9,
660.00)This assessment is the same as Fiscal
Exhibit C
Page 10f3
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 2003/2004 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,
810 152
66
118
24
188
2
12
28
47
2,
447 1,
575 500
5,
500 600
3.
800 11,
975
Exhibit C
Page 2 of3
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
200312004
14.628
Exhibit C
Page 3 of3
r-
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 2003/
2004 Use of Rate Stabilization
Fund
TOTAL
996 9,
660 3> 3.
972 14,628
I TOTAL
EXPENDITURES Budget for Fiscal Year 2003/2004 14,
628 'ESTIMATED
RESERVES Cash Flow Fund (6 mo.
expenditures)Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL 7,
314 2,
926 5.
232 15,
472 '
Exhibit D
Page 10f1
EXlDBITD
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange FISCAL YEAR 2003/2004 ASSESSMENT
ROLL The assessed parcels and assessments are listed by their
corresponding assessment numbers in the following Assessment
RolL Filename Eng. Report 82.
FUNDNO
1
APN LEVY FUNDN02 12 36152101
483,00 058 12 36152102
483.00 058 12 36152103
483,00 058 12 36152104
483,00 058 12 36152105
483.00 058 12 36152106
483.00 058 12 36152201
105,00 058 12 36152202
105,00 058 12 36152203
105,00 058 12 36152204
105,00 058 12 36152205
105,00 058 12 36152206
105,00 058 12 36152207
105,00 058 12 36152208
105,00 058 12 36152209
105,00 058 12 36152210
105,00 058 12 36152211
105,00 058 12 36152212
105,00 058 12 36152213
105,00 058 12 36152214
105,00 058 12 36152215
105.00 058 12 36152216
105,00 058 12 36152217
105.00 058 12 36152218
105,00 058 12 36152219
105.00 058 12 36152220
105,00 058 12 36152221
105,00 058 12 36152222
105,00 058 12 36152223
105,00 058 12 36152224
105,00 058 12 36152225
105,00 058 12 36152226
105,00 058 12 36152227
105,00 058 12 36152228
105.00 058 12 36152229
105.00 058 12 36152230
105.00 058 12 36152231
105,00 058 12 36152301
105.00 058 12 36152302
105,00 058 12 36152303
105,00 058 12 3615310
1 483.00 058
12 36153102 483,00 058
12 36153103 483,00 058
12 36153104 483,00 058
12 36153105 105,00 058
12 36153106 105.00 058 .......
12 36153107 105,00 058
12 36153108 105,00 058
12 36153109 105,00 058
12 36153110 105,00 058
12 36153111 105.00 058
12 36153112 105,00 058
12 36153113 105,00 058
12 36153114 105,00 058
12 36153115 105.00058
12 ;36153116 105,00 058
9660,00