RES-9614 Preliminary Approval Landscape Maintenance Assessment District 86-2 Santiago HillsRESOLUTION NO. 9614
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 86-2 (SANTIAGO
HILLS)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 distriet 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. S6-2 (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 Couneil 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 maimenance 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 annual levy 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 Distriet.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 require, 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 of improvements are of direct benefit to the properties within the
boundaries of said Maintenance District, which "Maintenance Distriet" the legislative
body previously declared to be the area benefited by said works of improvement, and for
partileulars, referenee 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 Mailntenance 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 9th day of July, 2002, at the hour of 7:00
P.M., in the regular meeting place of the City Council, being the Couneil 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 proeeedings, 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 92S66-0449
714) 744-
ADOPTED this 11 th day of June, 2002.
M!t!;.;'!a roftheCityofOrange
ATTEST:
andra J. Cathc
I 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 11 th day
of June, 2002, by the following vote:
AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
d.d4.J~~ {?~
Cassandra J. Cathcart, Ity Clerk of the CIty of Orange
PRELIMINARY
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 Fiscal Year 2002/
2003 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 EXHIBITC
ESTIMATED COSTS EXHIBITD
ASSESSMENT ROLL
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 2002/2003 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 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.AnnexatJlon 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.
Facilitiel!
The landscape improvements are generally described as follows:
A. Parkway and Recreation Areas:
1. Newport Boulevard - approximately IS-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 IS-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 30-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 l7-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 lO-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
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 Ridg{: 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 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 ass,essed 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
estimated costs of maintenance, operation, and administration of the facilities
are shown in Exhibit C.
The individual 2002/2003 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 2002/2003 by the district is $432,483.
The assessments for Landscape Maintenance District No. 86-2, City
of Orange, have been apportioned in direct accordance with the special
and direct benefits that each parcel receives from the maintenance, operation,
and administration ofthe Works
ofImprovement.
1
18542 Public Works Director/City
Engineer
Exhibit A
Page 1 of 1
EXHIBIT A
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 City of
Orange
DIAGRAM The Boundary Map shown in a reduced-scale
1......
I
1;1. '
a
JC; 2'Xl 0
H1
W1I..
EI.."
AMENDMENT
NO. 1 TO
M
DIA~~I~
TENANcE LANDSCAP~T
NO.88-2DISTRI
ANGECITYOfFO~RANGECOUNTOYFOCALIFORNIASTATE
c;-LEGEND:
CD
U;
WMIIIIl
SESSOIl'AII~DAlll QlIftlCT
A1IDUoJlSO'
U~AIIC'tUl
rotI'~I:
ASStsSOll.':ll.
Apso,
DUIE"S1~ IS KAOE
TO AS~ts$
O"IIZ~ oaNIGE
COUNT'(
L--I
1
I
I
I~
FIRE
STATION
NOT
A PART
Ul.Ol...,aOOOfOn
Exhibit B
Page 10f3
EXHIBITB
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 City of
Orange METHOD OF
ASSESSMENT Back~O\
md 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 2 of 3
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 3 of3
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 2002/2003 is estimated
tobe 462,487. A portion of the 2002/2003 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 isup 15.4% from Fiscal
Year 2001-2002.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
Exhibit C
Page 1 of 3
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 2002/2003 Fiscal Year for the
District is as
follows:Regular Salaries - Miscellaneous
Salaries PERS Pick- Up
Comp Payout - Miscellaneous Workers
Compensation PERS
Retirement Health,
Dental, and Life Unemployment
Disability
Medicare
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 37,063
2,564
1,500
2,411
479 3,
285
41 249
575
48,
167
5,000
85,000
18,500
o 180,
000
600 8,
600
88,300
400 386,
400
Exhibit C
Page 20:f3
Seeds and Plants
Trees
Other A€~ricultural and Nursery Supplies
Operating Supplies and Expenses
Electrical Supplies
Pipes and Fittings
Association Dues
Minor Office Supplies
o
o
o
3,150
o
o
600
500
Total Materials and Supplies 4,250
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 15,
426 2,
534 o
o
o
19
327
5,
364 23,
670 Total
Expenditures for Fiscal Year 2002/2003 487
Exhibit C
Page 3 of 3
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 2002/
2003 Use of Rate Stabilization
Fund
TOTAL 21,
015 432,
483 8,
989 462,
487 ESTIMATED
EXPENDITURES Budget for Fiscal Year 2002/2003 462,
487 ESTIMATED
RESERVES Cash Flow Fund (6 mo.
expenditures)Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL 231,
24492,
497 45,
065 368,
Exhibit ])
Page 1 of 1
EXHIBITD
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-
2 City of
Orange FISCAL YEAR 2002/2003 ASSESSMENT
ROLL The assessed parcels and assessments are listed by their
corresponding assessment numbers in the following Assessment
Roll.Eng. Report