RES-11237 Annual Assessment for Landscape Maint. District 94-1_Sycamore CrossingRESOLUTION N0. 11237
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).
WFIEREAS, the City Council of the City of Orange has previously formed a special
maintenance district pursuant to the terms of the "Landscaping and Lighfing Act of 1972" being
part 2 of Division 15 of the Streets and Highways Code of the State of Califomia, in what is
known and designated as Landscape Maintenance District No. 94-1 (hereinafter refened to as
Assessment DistricY'); 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 aze all true and correct.
Section II•
That all protests and objections of every kind and nature by, and the same hereby aze,
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.
SectionIV•
That the assessments for fiscal yeaz 2020-2021 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.
Secfion V•
That 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. The 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 confumed assessment shall be collected at the same time and in the same
manner as County property ta ces aze collected, and all laws providing for the collection and
enforcement of these assessments.
ADOPTED this 9th day of June 2020.
Mazk A. Murphy, Mayor, City of ge
ATTEST:
LA.I ./I'.Qf'N /Y.lil
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11237 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
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 regulaz meeting thereof held on the 9th day of June 202Q by the following vote:
AYES:COUIVCILMEMBERS: Alvazez, Murphy, Nichols, Monaco
NOES:COLTNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COLJNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11237 3
Engineer's Repon
Gty of Orange
Landsqpe Maintenance Distria No.94-1
CITY OF ORANGE
FINAL ENGINEER'S REPORT
FORTT E ANN[JAL LEVY
ASSESSMENT LANDSCAPE MAII T'ENANCE
DISTRICI'NO.941
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LANDSCAPE MAINTENANCE DISTRICT NO. 94-1
SYCAMORE CROSSING
Iateat Meeting: May 12, 2020
Public Heacin: June 9,2020
LMD 94-1 Finaf ER FY 2020-21
1
Engineer's Report
Catyof Otange
Landscape Maimenance Distiic[No.941
AFFIDAVIT FOR THE ENGINEER'S REPORT
This Report describes the Ciry of Oiange I.andscape Maincenance District No.941 and proposed
changes or modifications celaced therem including the improvemenu,budgeu,pa:cek and
assessments to be levied for Fiscal Year 2020-2021,pucsuant to the Gt}s Resolution of Intention.
Reference is heieby made to the Orange County Assesso's maps for a detailed descriprion of the
lines and dimensions of parcels witliln the Districc The unde:signed mspectfullysubmits the
enclosed Report as dicected bythe CrtyCouncil.
Daua chu 2 7 ydayof,zozo.
By. G-
Franl un
Ass' ublic Worls Director/ GcyEngineer
2
Enginee's Repon
Gtyof Orange
Landscape Maintenance Distric[No.94-1
TABLE OF CONTENTS
AFFIDAVIT FOR THE ENGINEER'S REPORT.....................................................2
IIVT'RODUCT'ION........................................................................................................4
PART I—PI.ANS AND SPECIFICATIONS.............................................................6
A. Description of the District...............................................................................................6
B. Improvementc and Services.............................................................................................6
PART II—METHOD OF APPORTIONMENT.......................................................7
ABaclground.........................................................................................................................7
B. Meshod of Assessmenc.....................................................................................................7
GFinancial Analysis..............................................................................................................9
PART III —DISTRICT BUDGET............................................................................10
PART IV—DISTRIC'I' DIAGRAMS.........................................................................12
PART V—ASSESSMEIVT ROLL.............................................................................14
3
Enginee s Report
Crtyof Orange
Landscape Maimenance Distric[No.94-1
INTRODUCTION
Putsuant to t]te provisions of t]1e Landreaping and L'gbting Acl of 1972, being Parl 2 of Divi.rion 1 S of tbe
Califarnia StreeGr and Highivayr Cade, cammencing udtb Sedion 21500 tereafter re{erred to as the "1972
Act"), and in compliance with the substanave and pmcedural requirements of the CaGfarnia State
Conrtitution Articler XIIIC and XIIID (heieafter referred to as the "Califomia Constitution", the City
Council of the Caty of OrAnge, County of Orange, State of Califomia (hereafter referred to as
City'), in cocmection with the annual levy and collection of assessments of the special benefit
assessmenc district designated as:
Landscape Maintenance District No. 94-1
hereafur refemed to as the "Discrict"), which includes all lots and pacCels of land that specially
benefit from the improvemenu within the Distcict. This Engineer's Report (hereafter refetred to as
Report") has been prepared in connection with the annual levy and collections of azsessmenu for
said District pucsuant to Chapter 1,Article 4 of the 1972 AcG
The City Council proposes m levy and collea annual assessmenu on the County tax rolls to provide
ongoing funding for the cosa and expenses required to service and maintain the landscaping
improvemenu originally installed in cormection with the development of properties within the
District The improvemenu to be provided bythe District and the assessments described herein are
made pu suant to the 1972 Act.
I7 is Report descnbes the Distiict, the improvements, and the proposed assessments to be levied in
Fiscal Year 2020-2021 against properties in connection with the special benefits the properties will
receive from the maintenance and servicing of the District improvemencs. The annual assessmencs
to be levied on pmperties within the Disuict will provide a funding sowce for the continued
opeiation and maintenance oE local landscaping improvements installed in connecaon with the
development of properties within the District. The assessmenu descnbed in this Repon are based
on an escimate of the dixect expendinues, incidental expenses, and fund balances that will be
necessaryto maintain and service the improvements.
The word"parcel," for the puiposes of this Repocc, refe s to an individual property assigned its own
Assesso's Pazcel Nucnber (API by the Orange County Assesso's Office. The Orange Counry
Auditor/Controller uses Assessor's PatCel Numbets and specific Fund Numbe s to identify
properties to be assessed on the ta c roll for the special benefit assessmenu.
T3 is Report has been prepazed and pmsenud to the City Council to address any proposed changes
to the District or improvements, any, and the proposed budget and assessments for Fiscal Yeaz
2020-2021. The City Council will conduct a noriced public heazing to consider public cestimonies,
commenu and written protests regazding che levy and collection of assessmencs for Fiscal Year
2020-2021. Upon conclusion of che public hearing, if majority procest does not exist the C'ity
Council may approve this Report (as submiaed or amended) and levy the assessmenu for Fiscal
Year 2020-2021. In such case, the assessments for fiscal yeaz 2020-2021 shall be submitted to the
Orange County Auditor/Controller for inclusion on the pmperty tax roll for each parcel. If the
proposed annual assessments for this District exceed the maximum assessment described herein (as
approved by the pmperty owners), the new or increaced assessment must be confumed through
another propenyowner protest ballot pmceeding before such an assessment maybe imposed.
4
En re's Report
City of Ocange
Landscape Maintenance District No.94-1
This Report consists of five (5) pans:
Part I
Pla s and Speci6cations: A description of the District boundazies and the impmvemenu
associated with the Disuict. The District has been formed as a single benefit zone encompassing all
pmperties within the territory identif'ed as Landscape and Maintenance Disaict No 941.
Part II
The Method of A portionment: A discussion of benefiu the improvemenu and services provide
co propenies within the D'uuict and[he method of calculating euh propert}s proportional special
benefit and annual assessmenc
Part III
The District BudQet An estimate of rhe annual costs to operace, mainrain and service the
landscaping and appuctenan facilrties installed and constructed as part of the development of
propeities within the Disuict This budget includes an estimau of anricipated direct maincenance
cosu and incidental expenses. The special benefit assessmenu are based on the overall operadon
cosu minus any cosu that am considered general benefix. The pmposed assessments for Fiscal Yeaz
2020-2021, and each subsequent year shall be based on the estunaced oet annual cost of operating,
mainta'^' and servicing the unpmvements for that fiscal year as well as funds to be collected in
installmenu to perform maincenance aztivities that cannot be ieasonably collected in a single fiscal
year's assessmenu.
Part IV
District Diagram: A Diagram showing the exterior boundazies of rhe D'utrict is provided in this
Report and includes all pamels that will mceive special benefiu from the improvements. Reference is
hereby made to the Ocange Counry Assesso's Parcel Maps for a detailed descriprion of the lines
and dimensions of each loc and pazrel of]and within che D'utrict
Pas V
Assessment Roll: A listing of the pmposed assessment amounts m be levied on Assesso's Parcel
within the Disuict for Fiscal Yeaz 2020-2021. The proposed assessment amounc for each parcel is
bued on the parcePs propoitional special benefit as outlined in the method of apposionmenc
5
Engineer's Report
Catyof Orange
Landscape Mairtenance Distria No.941
PART I - PLANS AND SPECIFICATIONS
A. Description of the District
The assessmnt disuia boundary is shown on a map enritled Assessment Diagram, Iandscape
Maintenance District No. 941, Gry of Orange, which is on file with the Gry C1erk of the Gry of
Oruige.A ieduced scale copyof the Diagrun can be found in Paa IV of tivs document
All pazcek of real propeay affected are moce pazricularly descnbed in maps pcepaced in accoiduice
wich Seccion 327 of the Revenue and Ta cation Code, which aze on file in the Office of the Orange
County Assessor,and which aze de a pazt of this repoct by reference.
B. Improvements and Services
Impcovements and Services Permitted Putsuant to the 1972 Act
The location of the wods of improvement m be maintained under these proceedings is described as
follows:
A I.ot E Tract 14752- Generally a 23-foot wide strip of ]and along the nonhedy upper bankc
of Santiago Creek wi[hin Tract 14752;
B. Lot F Tract 14752 - Generally a 55-foot wide strip of land along the southerly upper bazilcs
of San[iago Caeek with Tract 14752;
G Loc C Tract 14752 - Generally an irregular shaped pazcel adjacent so Lot F Traa 14752.
A general description of the wods of improvemenc to be maintained under these proceedings are
those generallydescribed as follows:
A Ornamemal shnabs,trees,and ground cover
B. Habitat acea including natural skuubs,trees,and ground cover
G Complece icrigation system including pipes,valves,sp:inkler heads,and controller
D. Soil cement erosion protection
The following items axe excluded from the Maintenance D'ucrict:
A The center low flow cl annel of Santiago Creek
B. Compleu recreation traiVmainunance road including asphalt,sv+*+a,striping,and lighcing.
Maintenance shall include,but not be limited to:
A. Repair, removal,or replacement of all or any pait of any included improvement;
B. Providing for the life, growth, health, and beauty of landscaping, including culcivaaon,
urigation,trimming,sprdying,fenilizing,and treating for disease or injury;and
G The removal of trimnvngs,nibbish,debris,and other solid waste.
6
Enginee s Report
Caty of Orange
Landscape Maiiaenance Disuitt No. 941
PART II - METHOD OF APPORTIONMENT
A. Background
Ihe Iandscaping and Lighting Act of 1972 provides that assessmenu may be apportioned by any
formula or me[hod, which faidy distnbutes cosu among all lots or pancels within the district in
propottion to the estimated benefits received. It is necessary w identify the special benefit that the
Worla of Improvement will render co the properties widiin [he Assessment District. It is also
necessarythat the properties receive a special and direct benefit as distinguished fmm benefit to che
general public.
B. Method ofAssessment
Idencifythe Special Benefic
First of all, ic is necessary to identify the special benefi thaz the public impmvement will render to
the properties within the boundaries of Landscape Maincenance District No. 941. The
improvemenu consut of]andscaping and a recreation tcai]/maintenance mad along the upper banlcs
of Santiago Creek The creek was a natucal flood control channel mm ing through Tentative Tcact
14752. As a condition for developing the tr.ct, a was necessary w improve the creek[o provide
100-year flood protection consistent with the National Flood Insu:ance Program Alumative
designs were looked at ranging from a conc:ete lined channel to a multi-use natuial looking channel.
The lacer aas chosen m pmvide a visually pleasing channel wirh landscaping along both bankc,
erosion control bank protection, a useful recreation nail and a mainunance road. An intemsting
bioac habitat wu added to fulf'il1404 &401 pemut requiremenu.
Ihe Orange County Flood Control District owns and maintains the center 96-foot wide low flow
channel. The Caty of Orange owns and LMD 941 maintains 23 feet on che north side and 55 feet
on the south side of the channel.
The special and direct benefiu that each propertyownerwill:eceive are:
The I.andscape Maintenance Disuict fulfills the financial obligauon of che propeny owneis to
maintain the improvements in Santiago Caeek insralled by the Tract development and as
required by Condidonal Use Perntic 2088-94, condirion of approval of Tract 15053 and the
Development Agreement for Sycamoxe Crossing.
A pleazing landscape visible at the enuance to the uact.
Enhanced desuabiliry of district propecties through associaaon with the improvements.
Enhancement of the urban environment byproviding open space and landscaping.
NecessaryElood protecdon provided bythe improvements.
Improved erosion resisrance,dust con[rol and fire prevendon.
There am many homes in the Disuict that back up to Santiago Cxeek and the landscape
improvement Their back fences are made of wrought iron so rhey can enjoy che beauty and
spaciousness of the landscape improvement.
7
Enginee's Report
Gry of Orange
Landscape Maincenance D'utria No.94-1
Prior w 2011,the cecreation trail,which begins within the Trnct boundary and provides direct access
to Hait Park, a City park with numerous cecreadon faciliries, was considered as a special benefic
The recreazion crail has been extended through the District and 'u now incocporated into the C'ity
regional trail system This akemd the special benefit of the recieation trail within the District.
District funds are no longer used for the maintenance of the uail pavement,stripping and rail safety
fence.
Appoccionment of Cost
In further making the analysis, it is necessary that the propeny ownets receive a special and direct
benefit distinguished from that of the geneial public. In this case, an in-depth analysis was made,
and several facto:s aze being used in xhe final method and spiead of assessmenu. In analyzing the
overall distcict, it is no[ed that there ace two types of development. The ace 160 single family
detached msidential units on the north side of Santiago Cmek and a 1.385 acm commercial srte on
the south side recendy developed with senior housing.
All 160 cesidenval uniu are relatively the same except for he fact that 36 units back up to the
andscape improvement. The developer has placed an approaomate 2% lot premnun on these lots.
This same differenval was used in decem ining the assessment A unit cos factor of 1.02 is assigned
to these 36 units and the remaining 124 unirs have a cosc factor of 1.0. Tk e commercial site has
been developed as low income housing for senior citizens.
The unit cost for the cuaent FY 2019-2020 is $293.08 per unit for a total levy of $47,877.49. No
increase is recommended for fiscal year 2020.2021.The levy will remain ac $293.08. Therefore, the
assessment levied on the 124 interior residential units will be $293.08, and for the 36 :esidential uniu
along the cl annel it will be $298.94. In analy ing the special benefit to the senior citizen housing
site we cecognize the fact thax seniois are generally not mobile enough to use the bike and pedesu ian
trail and therefore have limited access to the landscape improvement The special benefit is limited
w the visbility of the ]andscaping from rhe north facing uniu. 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 Disaict is no longer exempt from
assessment. There aze two lots within the boundaries of the Distcict that ace ovmed bythe City of
Orange. One is a small lot to be used in the future for a domestic water welL The other is a lazger
lot that will somedaybe issed for recreation pucposes. The special benefit to these lots is n;n;**al at
this time. A unit cost facwr of 0.20 is assigned to the well site and a unit cost factor of 0.40 to the
recreation site. The Cicywill be levied$58.62 and Si1723 respectively. The total of the assessments
levied on all the pareek avill be $47,877.49.
Cucrendy, the budget shows the Distcict appeazs to be operating in a deficic. However, remaining
fund balances from previous yeais aze available for use during the cuirenc Fiscal Year.The iiuention
of tlus higher maintenance budget is w use rema'v ing fund balances from prior yeazs w address
laiger improvement and repair needs of D'ucricc infrasuucrure and/or]andscape. Once che leftover
fund balance is depleted, the budgeted annual expenditures for the Distria will be adjusted to align
with the collected assessment.
8
En per s Report
Clcyof Orange
Landscape Maimenance D'uuic[No.941
C. Financial Analysis
T'he facilities, which are to be mzintained by this Iandscape maintenance district, were installed by
the developer of Tract No. 14752. The estimaud cosu of maintenance, operation, and
administration of the facilities are shown in Pan III.
Resolurion 8462 approved Condition Use permit 2088-94 for Tentative Tract 15053 and Resolution
8463 approved Tenta[ive Tcact Map 15053,which is a pazt of Tract 14751.Both resolutions contain
the following condition:
To the satisfacrion of the City of Orange's Public Worls Department and City
Engineer, prior to the cecortlation of Final Trdct Map 15053, the City shall form a
landscape maintenance disuict which shall include the project for the puipose of
levying and collecting an assessment to maintain the open space dedicaud to the City
by Tentative Tract 14752 and defilling in Exlubit E-1 of rhe 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
Recoid or such other comfmcable index as the pacties shall agcee. The future
homeownec's conttibutions (financial payments) wwaais the maincenance of
Santiago Creek open space shall be included in the disclosure reqwremenc co futw e
buyeis:'
The individua12020-2021 assessmenu, tabulaced by Assessors Parcel Number, are on file with the
Gry C1erk of the Caty of Orange,and can be found in Put V,Assessmen[Roll.
The 1972 Act pemuts canyicig fornard sucpluses or recovering deficits in subsequent fiscal yea.
Costs for the Distria are ieviewed annually and subsequent years assessmenu will be credited or
debited,as necessary.
The total assessment to be levied for fiscal yeaz 2020-2021 by the distric is recommended m be
47,877.This assessment is the same as fiscal year 2018/2019.
The assessmenu for Landscape Maintenance Distria No. 941, City of Ocange, have been
apportioned in direct accordance with the special and direct benefiu that each pazcel receives from
the main[enance, operation,and admn istradon of che Woxics of Improvemenc
9
Enginee's Repott
Caty of Orange
Landscape Maimenance D'ucria No.941
PART III - DISTRICT BUDGET
The following budgec oirtlines the escimlted casu co maintain the improvemenu for 20242021.
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-1
City of Orange
ESTIMATED COSTS
OPERATION&MAINTENANCE FUND BALANCE FROM PRIOR YEARS
Eatimated Fund Balance as of March 2020 2,8
The estimated budget necessary for the 2020-2021 Fiscal Year for the District is as followe:
BUDGETITEM COST
ANNUAL MAINTENANCE
Salaries &Benefite 7,520
Telephone
Water 7.500
Electricity 400
Landacape Maintenance 15641
Landacape Maintenance, Irrigation Repaira 2,500
Landscape Maintenance, Landscape Repairs o
Other Profeasional & Consvlting 500
ContractualServices,'h ee Trimming Contract 5,100
Contractual Services, Electrical Maintenance
Contractual Services, Misc. Contract Services 6,157
Office Suppliea &Operating Expenses 0
Liability &Property Damage 57
G&cA(including Data Proceseing) 957
TOTAL LAND3CAPE MAINTENANCE EXPENSES 46,332
RESERVE FUNDS USED TO SUPPLEMENT EXPENDITURES 1,545
10
Engineer's Report
Cicy of Orange
Lacidscape Maimenance Distritt No.9 1
Tlue Budget Eetimate ie for tha purpose of eetablinhine aa Annual
Aesesement. It may vary from the adopted City Budget. All aesesements
collected by the Dietrict may on y be used for District eapendituxes
regardlees of the Budget Eetimate.
BALANCE TO I.EVY(maffimum aeeeesmenta 47,877
11
Engineer's Report
Cityof Oiange
ianriccape Maincenance Distritt No.94-1
PART IV - DISTRICT DIAGRAMS
The following diagram incoiporates all pazcek within the District, as the same exisud at the time
this Report was piepared. The combinauon of this map and the Assessment Roll contained in thu
Report constituce the Assessment Diagrdm for the Landscape and Maintenance District No. 941,
also lmown as $ycamore Crossing.
12
BOUNDARY MAP
ASSESSMENT DIAGRAflA
mwe
LANDSCAPE MAINTENANCE r . p T m";,,
DISTRICT N0.94-7
CITY OF ORAMGE
COUNTY OF ORAN6E
STATE OF CALIFORNIA N
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Enginee's Report
Cuyof Oiange
Iandscape Maicuenance D'atrict No.941
PART V -ASSESSMENT ROLL
Pacrel identification for each lot or parcel within the Disuict is based on available parcel maps and
prope ty data from the Orange County Assesso's Office, as they e cisted at the time this Engineer's
Report was pcepazed and the Ciry Council adopted the Resoluaon of Intention. A listing of the locs
and pazrels w be assessed within this Disuict along with the acsessment amounu is provided herein.
If any paccel submitted for collection is idendfied bythe CountyAuditor/Controller to be an invalid
pazcel number for the fiscal year, a corrected pazcel number and/or new paccel numbeis will be
identified and :esubmitted to the County AudiwdController. The assessment amount to be levied
and collected for the msubmitted pazcel or pac cels shall be based on the method of apportionment
and assessment rate descnbed in tkus Report as approved by the City CounciL Therefore, if a single
pazcel is subdivided to multiple pazcels, the assessment amount applied to each of the new pacrels
shall be rera(culated and appGed accoiding to the appmved method of apponionment and
assessment rdte :ather than a propoitionate shaze of the original assessment for the pazcel.
The following is a list of t6e pazcels and proposed azsessment amouncs for Fiscal Year 2020-2021
for each of the parcels within the Districc as decermined by the assessment races and method of
appoctionment descnbed heiein:
l4