RES-9483 Annual Assessment Special Maintenance District 94-1RESOLUTION NO. 9483
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 ofthe 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 2000/2001 as contained in the final Engineer'
s Report as approved, are hereby confirmed and levied upon the respective subdivisions ofland
in the Assessment District in the amounts as set forth in said final approved Engineer's
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 3n1 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 lOth day ofJuly, 2001.
ATTEST:
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 lOth 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. 94-1
Fiscal Year 200112002
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
EXHIBIT A DIAGRAM 7
EXHIBITB METHOD OF
ASSESSMENT EXHIBITC ESTIMATED
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 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 according
to benefit rather than according to assessed value. The section states:
r-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 E:J.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, 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 ofthe 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 ofthis 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 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
200112002 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 200112002 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 of the Works of Improvement.
Thomas, RCE No. 18542
ublic Works Director/City Engineer
5
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 format
follows.
I I 'n
i i 'ilul.
h
d
I
2 ~
a: ..._
a:_
Ii; ~
o
og
wu 1lJZ < a:
W
Z0w~
2 ~ <U V" :
E >
en
w ~W "-en
5
enens
o 0-
IJS'U
V:
I........
13JIII~..
A.,....._
II ft....I 0: ..5!..;:::
r~:i
1:-
U&,
l;
r .11i!,
1
iHI')1I!," I_
a. -
f
1-1
a t. : aI.
a ", !3 i! hili;iIIh..:iS
2
i.J1::~' ..i
I.~ ft.?:- .~..U .--
J :-:~z.....
s
L~
wS
wO~OZoZ~~0::;a: <
o~
u
o~o~
ozw
10-
tio<
uti;
ti
I
iJ
1I
Imimlll
i.II;
Pia!
1;115.
11_'
III! 162r11
ill:;
t:
lla;
i
I !
Ia.
a..
la
Jiiiii;ii i.US!a:.r....._ J IiItf:r: "':"" II 7'. I: i i(; ;; I
J't'L. \~3" -
r
I~ ~
I
i &Ii: !
ii~1
I I !
n I PI
aa
5 a! i 3 -IIa h
H3!
l~~_: NUSn'11
U!
II~UI IliaR!!.!1 iiili=f=la'!j~hl ,:112
ti!(!!tiffinl!!Ih.
hlah t
en0 \Z )
a:
ti-
e,:,
Cl
a:
zI~=en
en C -enCo
wa: I I
I I
Zw
f
2 .
a: .
W Zo
I
i
II I !
i en ~(.)en >W wen
0.-
en <en (.)
en
c
Z S
t;
i
N
o N
II!
I~/
ll-
Exhibit B
Page 10f3
EXHIBITB ENGINEER'
S REPORT ANNUAL
LEVY OF ASSESSMENT LANDSCAPE
MAINTENANCE DISTRICT NO. 94-1
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 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 interesting
Exhibit B
Page 20f3
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 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 assessrnents. 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 incorne housing for senior
Exhibit B
Page 3 of3 The
unit cost for fiscal year 200112002 will be $175.00. Therefore, the assessment
levied on the 124 interior residential units will be $175.00, and for
the 36 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 0.40to the recreation site.The
total of the assessments levied on the parcels is $28,588. This is down 25.
5% from the fiscal year 2000-2001 assessment.
Exhibit C
Page lof3
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 2001/2002 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
Telephone Allocation
Water
Electricity
Landscape Maintenance - Contractor Accounting
and Auditing Services Other
Professional & Consulting Services Contractual
Services ( Labor & MainO Total
Contractual Servi.ces 1,
684 117
109
22
149
2
11
26
2,
120 400
5,
500 1,
600 19,
000 600
1,
200 3.
40031,
700
Exhibit C
Page 20f3
Seeds and Plants
Electrical Supplies
Pipes and Fittings
Lumber, Screws, Nails, Etc.
0
0
0
LQ
Total Materials and Supplies 0
G & A Overhead Allocation
FMIS Allocation
TotalIntenuUSerri~sCoMs
1,957
0
1,957
Total Expenditures for Fiscal Year 2001/2002 135.777
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 2001/2002
Use of Rate Stabilization Fund
TOTAL
4,989
28,588
2.200
35,777
TOTAL EXPENDITURES
Budget for Fiscal Year 2001/2002
TOTAL
35,777
35,777
ESTIMATED RESERVES
Cash Flow Fund (6 mo. expenditures)
Contingency Fund
Assessment Rate Stabilization Fund
TOTAL
17,889
7,155
86,027
111,071
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 2001/2002ASSESSMENT
ROLL The assessed parcels and assessments are listed by their
corresponding assessment numbers in the following Assessment
Roll.
FUNDNOl APN LEVY FUNDN02 F7 93804053 175.00 058
F7 39035103 70.00058 F7 93804054 175.00058
F7 39035104 35.00058 F7 93804055 175.00058
F7 39035111 357.00058 F7 93804056 175.00058
F7 93804015 178.50058 F7 93804057 175.00058 ~
F7 93804016 178.50058 F7 93804058 175.00058
F7 93804017 178.50058 F7 93804059 175.00 058
F7 93804018 178.50058 F7 93804060 175.00 058
F7 93804019 178.50058 F7 93804061 175.00058
F7 93804020 178.50058 F7 93804062 175.00058
F7 93804021 178.50058 F7 93804063 175.00 058
F7 93804022 178.50058 F7 93804064 175.00058
F7 93804023 175.00058 F7 93804065 175.00058
F7 93804024 175.00058 F7 93804066 175.00 058
F7 93804025 175.00058 F7 93804067 175.00 058
F7 93804026 175.00058 F7 93804068 175.00 058
F7 93804027 175.00058 F7 93804069 175.00 058
F7 93804028 175.00058 F7 93804070 175.00 058
F7 93804029 175.00058 F7 93804071 175.00 058
F7 93804030 175.00058 F7 93804072 175.00 058
F7 93804031 175.00 058 F7 93804073 175.00 058
F7 93804032 175.00058 F7 93804074 175.00058
F7 93804033 175.00058 F7 93804075 175.00 058
F7 93804034 175.00058 F7 93804076 175.00 058
F7 93804035 175.00 058 F7 93804077 175.00 058
F7 93804036 175.00058 F7 93804078 175.00 058
F7 93804037 175.00058 F7 93804079 175.00 058
F7 93804038 175.00058 F7 93804080 175.00 058
F7 93804039 175.00058 F7 93804081 175.00 058
F7 93804040 175.00 058 F7 93804082 175.00 058
F7 93804041 175.00058 F7 93804083 175.00 058
F7 93804042 175.00058 F7 93804084 175.00058
F7 93804043 175.00 058 F7 93804085 175.00 058
F7 93804044 175.00058 F7 93804086 175.00 058
F7 93804045 175.00058 F7 93804087 175.00058
F7 93804046 175.00058 F7 93804088 175.00058
F7 93804047 175.00058 F7 93804089 175.00058
F7 93804048 175.00058 F7 93804095 175.00058
F7 93804049 175.00058 F7 93804096 175.00 058
F7 93804050 175.00058 F7 93804097 175.00 058
F7 93804051 175.00 058 F7 93804098 175.00 058
F7 93804052 175.00 058 F7 93804099 175.00058
F7 93804100 175.00058 F7 93804142 175.00058
F7 93804101 175.00058 F7 93804143 175.00058
F7 93804102 175.00 058 F7 93804144 175.00058
F7 93804103 175.00058 F7 93804145 175.00058
F7
93804104 175.00058 F7 93804146 175.00058 F7
93804105 175.00 058 F7 93804147 175.00058 F7
93804106 175.00058 F7 93804148 175.00058 F7
93804107 175.00058 F7 93804149 175.00058 F7
93804108 175.00058 F7 93804150 175.00058 F7
93804109 175.00058 F7 93804151 175.00058 F7
93804110 175.00058 F7 93804152 175.00058 F7
93804111 175.00058 F7 93804153 175.00058 F7
93804112 175.00058 F7 93804154 175.00058 F7
93804113 175.00058 F7 93804155 175.00058 F7
93804114 175.00058 F7 93804156 175.00058 F7
93804115 175.00058 F7 93804157 175.00058 F7
93804116 175.00058 F7 93804158 175.00058 F7
93804117 175.00058 F7 93804159 175.00058 F7
93804118 175.00058 F7 93804160 175.00 058 F7
93804119 175.00 058 F7 93804161 175.00 058 F7
93804120 175.00 058 F7 93804162 175.00 058 F7
93804121 175.00058 F7 93804163 175.00058 F7
93804122 175.00 058 F7 93804164 175.00058 F7
93804123 175.00058 F7 93804165 175.00058 F7
93804124 175.00 058 F7 93804166 178.50058 F7
93804125 175.00 058 F7 93804167 178.50058F7
93804126 175.00 058 F7 93804168 178.50058F7
93804127 175.00058 F7 93804169 178.50058 F7
93804128 175.00 058 F7 93804170 178.50058 F7
93804129 175.00 058 F7 93804171 178.50058F7
93804130 175.00 058 F7 93804172 178.50058 F7
93804131 175.00058 F7 93804173 178.50058 F7
93804132 175.00058 F7 93804174 178.50058 F7
93804133 175.00 058 F7 93804175 178.50058 F7
93804134 175.00 058 F7 93804176 178.50058 F7
93804135
175.00058 F7 93804177 178.50058 F7 93804136
175.00058 F7 93804178 178.50058 F793804137
175.00058 F7 93804179 178.50058 F793804138
175.00 058 28588.00 F7 93804139
175.00 058 F7 93804140
175.00 058 F7 93804141
175.00 058