RES-9616 Preliminary Approval Landscape Maintenance Assessment District 94-1 Sycamore CrossingRESOLUTION NO. 9616
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 94-1 (
SYCAMORE CROSSING) 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 district 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. 94-1 (hereinafter referred to as Maintenance
District); and WHEREAS, there has now been presented to the City Council
the CertiJied Engineer's Report (hereinafter Report) as required by said Division] 5 of the
Streets and Highways
Code; and WHEREAS, the City Council has now carefully examined and
reviewed the Report as presented, and is satisJied with each and all of the items and documents
as set forth therein, and the Couneil has made a preliminary determination that
the assessments have been spread in accordance with the benefits reeeived from the maintenance,
from the maintenance 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 Jiseal year in
order to provide for the costs and expenses necessary to pay for the maintenance
of the improvements in said
Maintenance District.NOW, THEREFORE, BE IT RESOLVED by the City Couneil of the
City of Orange
as follows:
Section I:That the above recitals are all true
Section II:
That the public interest and convenience requires, 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 maintenanee of the improvements for the above
referenced Maintenance Distriet, 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,
refer,enee is made to the Engineer's Report on file in the offiee of the City Clerk.
Section III:
That said works if improvements are of direct benefit to the properties within the
boundaries of said Maintenance District, which \1aintenance Distriet the legislative body
previously declared to be the area benefited by said works of improvement, and for
particulars, reference 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
inspe:ction, and is designated by the name of this Maintenance 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 within the Maintenance
District.
Section V:
Notiee 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 Council Chambers, City
Hall, is the time and place fixed by the City Couneil for hearing protests or objections in
referenee 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 Serviees Supervisor
City of Orange Public Works Department
P.O. Box 449 - 300 East Chapman Avenue Orange,
California 92S66-0449
714) 744-
ADOPTED this II th
day of June, 2002.
M!:
l[~~~y,Ii r of the City of Orange
ATTEST:
1
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 II
th
day of
June., 2002, by the following vote:
A YES: COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PRELIMINARY
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 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 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 Orang'e in compliance with the requirements of Article 4, Chapter
1,Landscaping and Lighting Act of 1972 (19n 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 2000/2001 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 accordin!~ 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 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, and are considered a
special benefit pursuant to Article XIIIC of the 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
Dial~am, 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.
Facilitiel~
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 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. 14752. 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.
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 $28,588.
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.
lA ar W. Thomas, RCE No.
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. 94-
1 City of
Orange
DIAGRAM The Boundary Map shown in a reduced-scale
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Exhibit B
Page 1 of 3
EXHIBITB
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 City of
Orange METHOD OF
ASSESSMENT Backln'
01md 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 of 3
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 speeial 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 of the 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
Exhibit B
Page 3 0:f3
The unit cost for fiscal year 2002/2003 will be $175.00. Therefore, the
assessment levied on the 124 interior residential units will be $175.00, and
for the 316 residential units along the channel it will be $178.50. 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 OAO to the recreation site.
The total of the assessments levied on the parcels is $28,588. This is the
same as the fiscal year 2001.2002 assessment.
Exhibit C
Page 10f3
EXHIBITC
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 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 Workers
Compensation Accrued Liability
Payoff Health, Dental, and
Life
Unemployment
Disability
Medicare Total Salaries and
Benefits 1,
684
117
109
22
149
2
11
26 2,
120
000 5,
500 2,
000 12,
500
600
000 5.
000 Telephone
Allocation
Water
Electricity Landscape Maintenance - Contractor
Accounting and Auditing Services
Other Professional & Consulting Services
Contractual Services ( Labor & Maint.)
Total Contractual Services 25,600
Exhibit C
Page 2of3
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
1,957
0
1,957
Total Expenditures for Fiscal Year 2002/2003 TI
Exhibit C
Page 3 of 3
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 2002/
2003 Use of Rate Stabilization
Fund
TOTAL 7,
049 28,
588 5.
960)29,
677 TOTAL
EXPENDITURES Budget for Fiscal Year 2002/
2003
TOTAL 29.
677 29,
677 ESTIMATED
RESERVES Cash Flow Fund (6 mo.
expenditures)Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL 14,
839 5,
935 113,
253 134,
Exhibit D
Page 1 of 1
EXHIBITD
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-
1 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