RES-11465 ENGINEER'S REPORT FOR ANNUAL ASSESSMENT LMD 94-1 FY 2023-24RESOLUTION NO. 11465
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING THE
ENGINEER'S REPORT AND PROVIDING FOR
THE ANNUAL ASSESSMENT FOR LANDSCAPE
MAINTENANCE DISTRICT 94-1 (SYCAMORE
CROSSING)
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 California Streets and Highways Code, in what is known and
designated as Landscape Maintenance District No. 94-1 ("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 2023-2024 be established as approved by the City
Council, and 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 the following:
A. Deliver to the City Engineer 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 City Engineer 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`d 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 13th day of June 2023.
Slater, Mayor, City of Orange
ATTEST:
ezd..6kkLe„,,,
Pamela Coleman, City Clerk, City of Orange
Attachments: Final Engineer's Report—LMD No. 94-1 (Sycamore Crossing), FY 2023-24
Resolution No. 11465 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, 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 13th day of June 2023, by the following vote:
AYES:COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Gyllenhammer
Gutierrez, and Slater
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bilodeau
ABSTAIN: COUNCILMEMBERS: None
1-479)."2 ....-g--ertirL'64--"'----
Pamela Coleman, City Clerk, City of Orange
I
Resolution No. 11465 3
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
CITY OF ORANGE
FINAL ENGINEER'S REPORT
FOR THE ANNUAL LEVY
ASSESSMENT LANDSCAPE MAINTENANCE
DISTRICT NO. 94-1
FISCAL YEAR 2023-2024
F
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LANDSCAPE MAINTENANCE DISTRICT NO. 94-1
SYCAMORE CROSSING
Intent Meeting: April 25,2023
Public Hearing: June 13,2023
I
LMD 94-1 Final ER FY 2023-24
1
Engineer's Report
City of Orange
Landscape Maintenance District No. 94-1
AFFIDAVIT FOR THE ENGINEER'S REPORT
This Report describes the City of Orange Landscape Maintenance District No. 94-1 and proposed
changes or modifications related thereto including the improvements,budgets,parcels and assessments
to be levied for Fiscal Year 2023-2024,pursuant to the City's Resolution of Intention. Reference is
hereby made to the Orange County Assessor's maps for a detailed description of the lines and
dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as
directed by the City Council.
Dated this 2 J.14day of Motif , 2023. p¢ESS
44, Fes' SG*`
may
By: y
Na. 52835 mFra4.3
Assistant Public Works Director/ City Engineer
4qJ. Ct V1L e
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
TABLE OF CONTENTS
AFFIDAVIT FOR THE ENGINEER'S REPORT 2
INTRODUCTION 4
PART I—PLANS AND SPECIFICATIONS 6
A. Description of the District 6
B. Improvements and Services 6
PART II—METHOD OF APPORTIONMENT 7
A. Background 7
B. Method of Assessment 7
C. Financial Analysis 9
PART III—DISTRICT BUDGET 10
PART IV—DISTRICT DIAGRAMS 12
PART V—ASSESSMENT ROLL 14
3
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
INTRODUCTION
Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the
California Streets and Highway Code, commencing with Section 22500 (hereafter referred to as the "1972
Act"), and in compliance with the substantive and procedural requirements of the California State
Constitution Articles XIIIC and XIIID (hereafter referred to as the "California Constitution"), the City
Council of the City of.Orange,.County of Orange,State of California (hereafter referred to as "City"),
in connection with the annual levy and collection of assessments of the special benefit assessment
district designated as:
Landscape Maintenance District No. 94-1
hereafter referred to as the"District"),which includes all lots and parcels of land that specially benefit
from the improvements within the District.This Engineer's Report(hereafter referred to as "Report")
has been prepared in connection with the annual levy and collections of assessments for said District
pursuant to Chapter 1,Article 4 of the 1972 Act.
The City Council proposes to levy and collect annual assessments on the County tax rolls to provide
ongoing funding for the costs and expenses required to service and maintain the landscaping
improvements originally installed in connection with the development of properties.within the
District. The improvements to be provided by the District and the assessments described herein are
made pursuant to the 1972 Act.
This Report describes the District, the improvements, and the proposed assessments to be levied in
Fiscal Year 2023-2024 against properties in connection with the special benefits the properties will
receive from the maintenance and servicing of the District improvements.The annual assessments to
be levied on properties within the District will provide a funding source for the continued operation
and maintenance of local landscaping improvements installed in connection with the developmentof
properties within the District. The assessments described in this Report are based on an estimate of
the direct expenditures,incidental expenses, and fund balances that will be necessary to maintain and
service the improvements.
The.word "parcel," for the purposes of this Report,refers to an individual property assigned its own
Assessor's Parcel Number (APN) by the Orange County Assessor's Office. The Orange County
Auditor/Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify properties
to be assessed on the tax roll for the special benefit assessments.
This Report has been prepared and presented to the City Council to address any proposed changes to
the District or improvements,if any, and the proposed budget and assessments for Fiscal Year 2023-
2024.The City Council will conduct a noticed public hearing to consider public testimonies,comments
and written protests regarding the levy and collection of assessments for Fiscal Year 2023-2024.Upon
conclusion of the public hearing, if majority protest does not exist the City Council may approve this
Report (as submitted or amended) and levy the assessments for Fiscal Year 2023-2024. In such case,
the assessments for fiscal year 2023-2024 shall be submitted to the Orange County Auditor/Controller
for inclusion on the property tax roll for each parcel. If the proposed annual assessments for this .
District exceed the maximum assessment described herein (as approved by the property owners), the
new or increased assessment must be confirmed through another property owner protest ballot
proceeding before such an assessment may be imposed.
4
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
This Report consists of five (5) parts:
Part I
Plans and Specifications:A description of the District boundaries and the improvements associated
with the District. The District has been formed as a single benefit zone encompassing all properties
within the territory identified as Landscape and Maintenance District No 94-1.
Part II
The Method of Apportionment: A discussion of benefits the improvements and services provide
to properties within the District and the method of calculating each property's proportional special
benefit and annual assessment.
Part III
The District Budget: An estimate of the annual costs to operate, maintain and service the
landscaping and appurtenant facilities installed and constructed as part of the development of
properties within the District.This budget includes an estimate of anticipated direct maintenance costs
and incidental expenses. The special benefit assessments are based on the overall operation costs
minus any costs that are considered general benefit. The proposed assessments for Fiscal Year 2023-
2024, and each subsequent year shall be based on the estimated net annual cost of operating,
maintaining and servicing the improvements for that fiscal year as well as funds to be collected in
installments to perform maintenance activities that cannot be reasonably collected in a single fiscal
year's assessments.
Part IV
District Diagram: A Diagram showing the exterior boundaries of the District is provided in this
Report and includes all parcels that will receive special benefits from the improvements. Reference is
hereby made to the Orange County Assessor's Parcel Maps for a detailed description of the lines and
dimensions of each lot and parcel of land within the District.
Part V
Assessment Roll: A listing of the proposed assessment amounts to be levied on Assessor's Parcel
within the District for Fiscal Year 2023-2024. The proposed assessment amount for each parcel is
based on the parcel's proportional special benefit as outlined in the method of apportionment.
5
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
PART I - PLANS AND SPECIFICATIONS
A. Description of the District
The assessment district boundary is shown on a map entitled Assessment Diagram, Landscape
Maintenance District No. 94-1,City of Orange,which is on file with the City Clerk of the City of Orange.
A reduced scale copy of the Diagram can be found in Part IV of this document.
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.
B. Improvements and Services
Improvements and Services Permitted Pursuant to the 1972 Act
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. Soil cement erosion protection
The following items are excluded from the Maintenance District:
A. The center low flow channel of Santiago Creek.
B. Complete recreation trail/maintenance road including asphalt, signing, striping, and lighting.
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.
6
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
PART II - METHOD OF APPORTIONMENT
A. Background
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.
B. 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 recreation trail/maintenance road along the upper banks of Santiago
Creek. The creek was a natural flood control channel running through Tentative Tract 14752. As a
condition for developing the tract, it was 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, erosion control bank
protection, a useful recreation trail and a maintenance road.An interesting biotic habitat was added to
fulfill 404&401 permit requirements.
The Orange County Flood Control District owns and maintains the center 96-foot wide low flow
channel.The City of Orange owns and LMD 94-1 maintains 23 feet on the north side and 55 feet on
the south side of the channel.
The special and direct benefits that each property owner will receive are:
The Landscape Maintenance District fulfills the financial obligation of the property owners to
maintain the improvements in Santiago Creek installed by the Tract development and as required
by Conditional Use Permit 2088-94, condition of approval of Tract 15053 and the Development
Agreement for Sycamore Crossing.
A pleasing landscape visible at the entrance to the tract.
Enhanced desirability of district properties through association with the improvements.
Enhancement of the urban environment by providing open space and landscaping.
Necessary flood protection provided by the improvements.
Improved erosion resistance, dust control and fire prevention.
There are many homes in the District that back up to Santiago Creek and the landscape
improvement. Their back fences are made of wrought iron so they can enjoy the beauty and
spaciousness of the landscape improvement.
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Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
Prior to 2011, the recreation trail,which begins within the Tract boundary and provides direct access
to Hart Park, a City park with numerous recreation facilities,was considered as a special benefit.The
recreation trail has been extended through the District and is now incorporated into the Cityregional
trail system. This altered the special benefit of the recreation trail within the District. District funds
are no longer used for the maintenance of the trail pavement, stripping and rail safety fence.
Apportionment of Cost
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 citizens.
The unit cost for the current FY 2022-2023 is $293.08 per unit for a total levy of $47,877.49. No
increase is recommended for fiscal year 2023-2024. The levy will remain at $293.08. Therefore, the
assessment levied on the 124 interior residential units will be $293.08, and for the.36 residential units
along the channel it will be $298.94. 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 and the assessment levied will be$597.88. 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 City
will be levied $58.62 and $117.23 respectively. The total of the assessments levied on all the parcels
will be $47,877.49.
8
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
C. 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 Part III.
Resolution 8462 approved Condition Use permit 2088-94 for Tentative Tract 15053 and Resolution
8463 approved Tentative Tract Map 15053,which is a part of Tract 14751. Both resolutions contain
the following condition:
To the satisfaction of the City of Orange's Public Works Department and City
Engineer, prior to the recordation of Final Tract Map 15053, the City shall form a
landscape maintenance district which shall include the project for the purpose of
levying and collecting an assessment to maintain the open space dedicated to the City
by Tentative Tract 14752 and defining in Exhibit E-1 of the development agreement
for this project. Said assessment shall not exceed the sum of$28.00 per month per
residential unit in the project but may increase annually in accordance with the
applicable increase maintenance cost index as provided in the Engineering News
Record or such other comparable index as the parties shall agree. The future
homeowner's contributions (financial payments) towards the maintenance of Santiago
Creek open space shall be included in the disclosure requirement to future buyers."
The individual 2023-2024 assessments, tabulated by Assessor's Parcel Number, are on file with the
City Clerk of the City of Orange, and can be found in Part V,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 fiscal year 2023-2024 by the district is recommended to be
47,877. This assessment is the same as fiscal year 2022-2023.
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.
I
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
PART III - DISTRICT BUDGET
The following budget outlines the estimated costs to maintain the improvements for 2023-2024.
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-1
City of Orange
ESTIMATED COSTS
OPERATION &MAINTENANCE FUND BALANCE FROM PRIOR YEARS
Estimated Fund Balance as of March 2023 109,284
The estimated budget necessary for the 2023-2024 Fiscal Year for the District is as follows:
BUDGET ITEM COST
ANNUAL MAINTENANCE
Salaries & Benefits 6,795
Telephone 0
Water 7,500
Electricity 400
Landscape Maintenance 15,993
Landscape Maintenance, Irrigation Repairs 1,599
Landscape Maintenance, Landscape Repairs 0
Other Professional& Consulting 500
Contractual Services, Tree Trimming Contract 5,240
Contractual Services, Electrical Maintenance 0
Contractual Services, Misc. Contract Services 6,157
Office Supplies & Operating Expenses 0
City Administrative Services 2,354
TOTAL LANDSCAPE MAINTENANCE EXPENSES 46,538
10
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
SURPLUS FUNDS TO BE ADDED TO RESERVE 1,339
This Budget Estimate is for the purpose of establishing an Annual
Assessment. It may vary from the adopted City Budget. All assessments
collected by the District may only be used for District expenditures
regardless of the Budget Estimate.
BALANCE TO LEVY(maximum assessment) 47,877
11
Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
PART IV - DISTRICT DIAGRAMS
The following diagram incorporates all parcels within the District, as the same existed at the time this
Report was prepared.The combination of this map and the Assessment Roll contained in this Report
constitute the Assessment Diagram for the Landscape and Maintenance District No. 94-1,also known
as Sycamore Crossing.
12
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Engineer's Report
City of Orange
Landscape Maintenance District No.94-1
PART V - ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is based on available parcel maps and
property data from the Orange County Assessor's Office, as they existed at the time this Engineer's
Report was prepared and the City Council adopted the Resolution of Intention. A listing of the lots
and parcels to be assessed within this District along with the assessment amounts is provided herein.
If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid
parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be
identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied
and collected for the resubmitted parcel or parcels shall be based on the method of apportionment
and assessment rate described in this Report as approved by the City Council. Therefore, if a single
parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels
shall be recalculated and applied according to the approved method of apportionment and assessment
rate rather than a proportionate share of the original assessment for the parcel.
The following is a list of the parcels and proposed assessment amounts for Fiscal Year 2023-2024 for
each of the parcels within the District as determined by the assessment rates and method of
apportionment described herein:
14