RES-9758 Annual Assessment Approval For Special Maintenance Distirct 94-1RESOLUTION NO. 9758
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 94-
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. 94-1 (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 proc-eedings, 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 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
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 8th day of July, 2003.ATTEST:
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 A1AJ"'~ ~ /...,
2 Cassandra
J. Cathc , ity Clerk, City of Orange
FINAL
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 Fiscal Year 2003/
2004 CITY OF
ORANGE July,
2003
TABLE OF CONTENTS
PAGE
PART
1 AUTHORITY FOR REPORT 1 PART
2 PURPOSE OF REPORT 1
PART:
3DISCUSSION 1-2
PART 4 ENGINEER'S ANALYSIS 2-
6 Boundaries2-:
3 Facilities :
3-6 PART 5 METHOD OF
ASSESSMENT 6 PART 6 FINANCIAL
ANALYSIS 6 EXHIBIT A - DIAGRAM
7 EXHIBITB - METHOD OF ASSESSMENT
EXHIBITC - ESTIMATED COSTS EXHIBITD -
ASSESSMENT ROLL
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 engineering analysis for the 2003/
2004 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 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
benefit pursuant to Article XIIIC ofthe State Constitution.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. 94-1, City of Orange,which is
on file with the City Clerk of the City of Orange and with the Orange County Assessor.
A reduced scale copy of the Boundary Map and Diagram is attached as
Exhibit A.2
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
location of the works of improvement to be maintained under these proceedings
is described as follows:A.
Lot E Tract 14752 - Generally 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 controller;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 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 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 the developer of Tract No. 14752. 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.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 $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 ofthe Works
ofImprovement.W. Thomas, RCE No.
18542 Public Works Director/City
Engineer
5
Exhibit A
Page lofl
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 format
follows.
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Exhibit B
Page lof3
EXHmITB
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 City of
Orange METHOD OF
ASSESSMENT
Backnound 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 an
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 ofthe 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
senior
I'"
Exhibit B
Page 3 of3
The unit cost for fiscal year 2003/2004 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 down
43% from the fiscal year 2002-2003
Exhibit. C
Page lof3
EXHmITC
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 City of
Orange ESTIMATED
COSTS Theest.imated budget necessary for the 2003/2004 Fiscal Year for the
District is as
follows:Regular Salaries - Miscellaneous
Salaries PERS Pick-
Up Workers
Compensation Accrued Liability
Payoff Health" Dental, and
Life
Unemployment
Disability
Medicare Vacation
Payout-Misc.
Pers Retirement
1,
809
152
118
23
188
2
12
28
66 47 Total Salaries and Benefits
2,
445"
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 2 of3
Seeds and Plants
Electrical Supplies
Pipes and Fittings
Lumber, Screws, Nails, Etc.
0
0
0
U
Total Materials and Supplies 0
G & A Overhead Allocation
FMIS Allocation
Total Internal Services Costs
2,016
L-.Q
2,016
Total Expenditures for Fiscal Year
2003/2004
S;JO.O~l
Exhibit C
Page 3 of3
EXHIBITC
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 2003/2004
Use of Rate Stabilization Fund
TOTAL
5,841
16,336
7.884
30,061
TOTAL EXPENDITURES
Budget for Fiscal Year 2003/2004
TOTAL
30.061
30,061
ESTIN.U\TEDRESERVES
Cash Flow Fund (6 mo. expenditures)
Contingency Fund
Assessment Rate Stabilization Fund
TOTAL
15,031
6,012
110.500
131,543
Exhibit D
Page 1 ofl
EXHIBITD ENGINEER'
S REPORT ANNUAL
LEVY OF ASSESSMENT LANDSCAPE
MAINTENANCE DISTRICT NO. 94-1
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.
FUNDNOl APN LEVY FUNDN02
F7 39035103 40.00 058
F7 39035104 20.00 058
F7 39035111 204.00 058
F7 93804015 102.00 058
F7 93804016 102.00 058
F7 93804017 102.00 058
F7 93804018 102.00 058
F7 93804019 102.00 058
F7 93804020 102.00 058
F7 93804021 102.00 058
F7 93804022 102.00 058
F7 93804023 100.00 058
F7 93804024 100.00 058
F7 93804025 100.00 058
F7 93804026 100.00 058
F7 93804027 102.00 058
F7 93804028 100.00 058
F7 93804029 100.00 058
F7 93804030 100.00 058
F7 93804031 100.00058
F7 93804032 100.00 058
F7 93804033 100.00 058
F7 93804034 100.00 058
F7 93804035 100.00 058
F7 93804036 100.00 058
F7 93804037 100.00 058
F7 93804038 100.00 058
F7 93804039 100.00 058
F7 93804040 100.00 058
F7 93804041 100.00 058
F7 93804042 100.00 058
F7 93804043 100.00 058
F7 93804044 100.00 058
F7 93804045 100.00 058
F7 93804046 100.00 058
F7 93804047 100.00 058
F7 93804048 100.00 058
F7 93804049 100.00 058
F7 93804050 100.00 058
F7 93804051 100.00 058
F7 93804052 100.00 058
LMD94-
1
F7 93804053 100.00 058
F7 93804054 100.00 058
F7 93804055 100.00 058
F7 93804056 100.00 058
F7 93804057 100.00 058
F7 93804058 100.00 058
F7 93804059 100.00 058
F7 93804060 100.00 058
F7 93804061 100.00 058
F7 93804062 100.00 058
F7 93804063 100.00 058
F7 93804064 100.00 058
F7 93804065 100.00 058
F7 93804066 102.00 058
F7 93804067 102.00 058
F7 93804068 102.00 058
F7 93804069 102.00 058
F7 93804070 102.00 058
F7 93804071 102.00 058
F7 93804072 102.00 058
F7 93804073 100.00 058
F7 93804074 100.00 058
F7 93804075 100.00 058
F7 93804076 100.00 058
F7 93804077 100.00 058
F7 93804078 100.00 058
F7 93804079 100.00058
F7 93804080 100.00 058
F7 93804081 100.00 058
F7 93804082 100.00 058
F7 93804083 100.00 058
F7 93804084 100.00 058
F7 93804085 102.00 058
F7 93804086 102.00 058
F7 93804087 102.00 058
F7 93804088 102.00 058
F7 93804089 102.00 058
F7 93804095 100.00 058
F7 93804096 100.00 058
F7 93804097 100.00 058
F7 93804098 100.00 058
F7 93804099 100.00 058
F7 93804100 100.00 058
F7 93804101 100.00 058
F7 93804102 100.00 058
F7 93804103 100.00 058
F7 93804104 100.00 058 --F7
93804105 100.00 058 F7
93804106 100.00 058 F7
93804107 100.00 058 F7
93804108 100.00 058 F7
93804109 100.00 058 F7
93804110 100.00 058 F7
93804111 100.00 058 F7
93804112 100.00 058 F7
93804113 100.00 058 F7
93804114 100.00 058 F7
93804115 100.00 058 F7
93804116 100.00 058 F7
93804117 100.00 058 F7
93804118 100.00 058 F7
93804119 100.00 058 F7
93804120 100.00 058 F7
93804121 100.00 058 F7
93804122 100.00 058 F7
93804123 100.00 058 F7
93804124 100.00058 F7
93804125 100.00 058 F7
93804126 100.00 058 F7
93804127 100.00 058 F7
93804128 100.00 058 F7
93804129 100.00 058 F7
93804130 100.00 058 F7
93804131 100.00 058 F7
93804132 100.00 058 F7
93804133 100.00 058 F7
93804134 100.00 058 --F7 93804135
100.00 058 F7 93804136
100.00 058 F7 93804137
100.00058 F7 93804138
100.00 058 F7 93804139
100.00 058 F7 93804140
100.00 058 F7 93804141
100.00 058
F7 93804142 100.00 058
F7 93804143 100.00 058
F7 93804144 100.00 058
F7 93804145 100.00 058
F7 93804146 100.00 058
F7 93804147 100.00 058
F7 93804148 100.00 058
F7 93804149 100.00 058
F7 93804150 102.00 058
F7 93804151 100.00 058
F7 93804152 100.00 058
F7 93804153 100.00 058
F7 93804154 100.00 058
F7 93804155 100.00 058
F7 93804156 100.00 058
F7 93804157 100.00 058
F7 93804158 100.00 058
F7 93804159 100.00 058
F7 93804160 100.00 058
F7 93804161 100.00 058
F7 93804162 100.00 058
F7 93804163 100.00 058
F7 93804164 100.00 058
F7 93804165 100.00 058
F7 93804166 102.00 058
F7 93804167 102.00 058
F7 93804168 102.00 058
F7 93804169 102.00 058
F7 93804170 102.00 058
F7 93804171 102.00 058
F7 93804172 102.00058
F7 93804173 102.00 058
F7 93804174 102.00 058
F7 93804175 102.00 058
r-- F7 93804176 102.00 058
F7 93804177 102.00 058
F7 93804178 102.00 058
F7 93804179 102.00 058
16336.00