RES-9481 Annual Assessment Special Maintenance District 82-1RESOLUTION NO. 9481
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 assessments for fiscal year 2001/2002 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'
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 3" 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 10" day of July, 2001.
ity of Orange
ArrEST:
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 10th day of July, 2001, by the
following vote:
AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ, CAVECCHE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
DPWE-bk 2-Reso No.
FINAL
ENGINEER'
S REPORT ANNUAL
LEVY OF ASSESSMENT LANDSCAPE
MAINTENANCE DISTRICT NO. 82-1
Fiscal Year 2001/2002
CITY OF ORANGE
July, 2001
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
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 cornpliance 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 2001/
2002 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 assessrnents 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 arnount 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 sl-"all 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 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 #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
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.
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 ofthis 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 apP:roved 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.
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 2001/2002 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, 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 200112002 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 ofthe Works
ofImprovement.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. 82-1
City of Orange
DIAGRAM
The Boundary Map shown in a reduced-scale format
follows.
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lT1DN'HDV.Z4.1UZ EXHIBIT
A LANDSCAPE ASSESSMENT 01 STRICT LAD
Exhibit B
Page lof2
EXHIBITB
ENGINEER'
S REPORT ANNUAL
LEVY OF ASSESSMENT LANDSCAPE
MAINTENANCE DISTRICT NO. 82-1
City of Orange
METHOD OF ASSESSMENT
Backln"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
Exhibit B
Page 2 of2
Assessment to Lots 1-
10 Assessment to Lots
11-56 483.00 LotlYear (l/lOx50%) ($9,
660.00)105.00 LotlYear (1I46x50%) ($9,
660.00)This assessment is the same as Fiscal
Exhibit C
Page 1 of 3
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 2001/2002 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
1,
685 117
50
110
22
149
2
11
26
Total
Salaries and Benefits 2,172 Water
Electricity
Landscape
Maintenance - Contractor Other Professional &
Consulting Services Contractual Services (
Labor & Maint.}1,575
500 5,
500
600 3.
800
Total Contractual
Services 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
200
o
Total Internal Service Costs 200
Total Expenditures for Fiscal Year 2001/2002 114.347
Exhibit C
Page 3of3
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 2001/
2002 Use of Rate Stabilization
Fund
TOTAL1,
437 9,
660 3.
250 14,
347 TOTAL
EXPENDITURES Budget for Fiscal Year 200112002 14,
347 ESTIMATED
RESERVES Cash Flow Fund (6 mo.
expenditures)Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL 7,
174 2,
869 7.
063 17,
Exhibit D
Page 1 of 1
E.1:HIBITD
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange FISCAL YEAR 200112002 ASSESSMENT
ROLL The assessed parcels and assessments are listed by their
corresponding assessment numbers in the following Assessment
Roll.
Filename Eng. Report 82-
FUNDNOl APN LEVY FUNDN02
12 36152101 483.00058
12 36152102 483.00058
12 36152103 483.00058
12 36152104 483.00058
12 36152105 483.01) 058
12 36152106 483.00058
12 36152201 105.00058
12 36152202 105.00058
12 36152203 105.00058
12 36152204 105.00058
12 36152205 105.00058
12 36152206 105.00 058
12 36152207 105.00058
12 36152208 105.00058
12 36152209 105.00058
12 36152210 105.00058
12 36152211 105.00058
12 36152212 105.00058
12 36152213 105.00058
12 36152214 105.00058
12 36152215 105.0D 058
12 36152216 105.00058
12 36152217 105.00058
12 36152218 105.00058
12 36152219 105.00058
12 36152220 105.00058
12 36152221 105.00058
12 36152222 105.00058
12 36152223 105.00058
12 36152224 105.00058
12 36152225 105.00058
12 36152226 105.00058
12 36152227 105.00058
12 36152228 105.00058
12 36152229 105.00058
12 36152230 105.00058
12 36152231 105.00058
12 36152301 105.00058
12 36152302 105.00058
12 36152303 105.00058
12 36153101 483.00058
LMD 82-
12 36153102 483.00058
12 36153103 483.00058
12 36153104 483.00058
12 36153105 105.00058
12
36153106 105.00058 12
36153107 105.00 058 12
36153108 105.00058 12
36153109 105.00058 12
3615311 0 105.00058 12
36153111 105.00058 12
36153112 105.00058 12
36153113 105.00058 12
36153114 105.00058 12
36153115 105.00058 12
36153116 105.00058 9660.
00