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SR - LMD-94-1 - 2016-17 ANNUAL ASSESSMENT ENGINEERS REPORTAGENDAITEM May 10, 2016 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto City Manager r Q FROM: Joe DeFrancesco " Public Works Di ctor Barbara Messick Acting Community Services Director 1. SUBJECT Resolution No. 10931 - A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2016 -2017 (FY 17); setting a time and place for a Public Hearing to receive public testimony on the foregoing matters; and preliminarily approving the Certified Engineer's Report for Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing). 2. SUMMARY Each year in May the process of setting the assessment for the Landscape Maintenance Districts is started. This is the first step in the process. The City declares its intention to assess an annual levy, approve the Preliminary Engineers Report and set a public hearing in accordance with the Lighting and Landscape Maintenance Act of 1972. Staff recommends that there be no increase in the assessments for FY 17 and that they remain at $293.08 per year which is the maximum assessment allowed. The total assessment to be levied in Landscape Maintenance District 94 -1 (Sycamore Crossing) will be $47,877. 3. RECOMMENDED ACTION 1) Adopt Resolution No. 10931 declaring the City's intent to provide for an annual levy and collection of assessments for FYI 7; 2) Approve the Preliminary Engineer's Report; and 3) Set June 14, 2016 as the date for a Public Hearing. 4. FISCAL IMPACT The District pays all costs of District administration and related activities. The City will pay $117.23 and $58.62 annually for two City owned lots within the District. The assessment revenue for FYI is placed in Fund 293. ReviewedNerifie City Manager ' Finance Direct To Be Presented By: Joe De Francesco X Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Cmtes _ Public Hrgs Admin Reports Plan/Environ ITEM �� 1 05/10/2016 5. STRATEGIC PLAN GOAL(S) 3a. Enhance and promote quality of life in the community - Refurbish, maintain, develop and /or expand public use places and spaces. 6. GENERAL PLAN IMPLEMENTATION Land Use Element Goal 6.0 Advance development activity that is mutually beneficial to both the environment and the community. Policy 6.3: Establish and maintain greenways, and pedestrian and bicycle connections that complement the residential, commercial and open space areas they connect. Policy 6.8 - Maximize landscaping along streetscapes and within development projects to enhance public health and environmental benefits. 7. DISCUSSION and BACKGROUND In 1995, Landscape Maintenance District No. 94 -1 was established to maintain the landscape and flood control improvements along Santiago Creek that were constructed by Tract No. 14752 (Sycamore Crossing). Resolution 8462 approved Conditional Use permit 2088 -94 for Tentative Tract 15053 (Sycamore Crossing) 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." Annually, a detailed accounting of expenses is done and a new assessment is calculated for the benefiting property owners. All assessments are recommended to remain the same for FY 17 as they are for the current fiscal year. The 124 units in the interior of the Tract are currently assessed at $293.08 which is the maximum allowable assessment by Proposition 218. The 36 units adjacent to the landscape improvement are currently assessed at $298.94 per unit. The senior citizens housing site is currently assessed at $597.88 per year. Because of Proposition 218 the two lots within the District boundary owned by the City of Orange are no longer exempt. The larger lot which remains as open space is assessed at $117.23 per year and the smaller lot for a future water well is $58.62 per year. The total expenditure for FY17 is estimated to be $59,607. The proposed assessment will generate $47,877 in revenue. The projected year -end Reserve Fund balance is $22,005 and the District is funded entirely by annual assessment revenue. The fund balance will be used for repairs and ITEM 2 05/10/2016 replacement of infrastructure such as fences, irrigation and landscape. Staff has been reducing expenditures during the last five fiscal years to maintain District expenditures within revenues, however maintenance and utility costs (primarily water) continue to rise, resulting in the need to maintain reduced service and utility costs. Cost reducing measures that have been employed include reducing landscape areas, the frequency of landscape service, staff oversight and deactivation of the trail lighting system. During this current fiscal year, only a portion of the Park Maintenance Supervisor salary for the oversight of the District, (approximately $2,086) is being charged to the District. The Landscape Coordinator position was vacant earlier this fiscal year and other staff has been providing limited oversight of the District and its contract services. The salary savings to the District has reduced the impact of the rising maintenance costs of the District but also resulted in very limited oversight and management of the District maintenance. The temporary elimination of salary costs to the District however, cannot be a factor in budgeting for future years, as the Landscape Coordinator position has been filled and will be re- engaged in FY17 to oversee maintenance services in the District. The estimated District expenditure for the current fiscal year is approximately $59,607. The fund balance can support the deficit from revenue for 2 to 3 years. 8. ATTACHMENTS • Resolution No. 10931 • Preliminary Engineer's Report JD;ta;ly NAPublic Works \ADMIN \LYoung \Council Items \COUNCIL\May - 2016\5- 10\LMD 94 -1 Agend, Final.docx ITEM 3 05/10/2016 RESOLUTION NO. 10931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE REGARDING LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 94 -1 (SYCAMORE CROSSING) DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2016 -2017; AND TO SET A TIME AND PLACE FOR A PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON THE FOREGOING MATTERS; AND TO GIVE PRELIMINARY APPROVAL TO THE CERTIFIED ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 94 -1 (SYCAMORE CROSSING) WHEREAS, the City Council of the City of Orange previously formed City of Orange Landscape Maintenance District No. 94 -1 (hereinafter referred to as "Maintenance District ") and desires to initiate proceedings for the levy of annual increased assessments in connection with the Maintenance District, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereinafter referred to as the "Act "), Government Code Section 53753 and the provisions of the article 13D of the California Constitution (hereinafter referred to as the "Article 13D ") and such constitutional provisions and statutes are referred to collectively as the "Applicable Law "; and WHEREAS, there has now been presented to the City Council the Certified Engineer's Report (hereinafter "Report ") as required by the Applicable Law that describes the proposed annual levy of assessments for fiscal year 2016 -2017 to each parcel, the proposed changes to the Maintenance District or improvements; and WHEREAS, the City Council has carefully examined and reviewed the Report and is satisfied with each and all of the items and documents set forth therein and has made a preliminary determination that the assessments on each parcel have been proportioned in accordance with the benefits received by each parcel and that such assessments do not exceed the estimated reasonable cost of providing the service; and WHEREAS, at this time the City Council determines to commence proceedings to provide for the annual levy of assessments for fiscal year 2016 -2017 to pay for the costs and expenses necessary for the maintenance of the improvements in the Maintenance District. follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as Section I: That the above recitals are all true and correct. Section II: That the public interest and convenience require the undertaking of proceedings for the annual levy and collection of assessments to pay the costs and expenses for the maintenance of the improvements within the Maintenance District, which in general include: the repair, removal or replacement of any of the landscaping improvements, including walkways, signage, irrigation, Resolution No. 10931