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RES-9854 Preliminary Approval Annual Levy Landscape Maintenance Assessment District 82-1 Shadow RidgeRESOLUTION NO. 9854 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE GIVING PRELIMINARY APPROVAL TO THE CERTIFIED ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 82-1 (SHADOW RIDGE) AND DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THAT SPECIAL MAINTENANCE DISTRICT AND SETTING A TIME AND PLACE FOR PUBLIC HEARING TO RECEIVE EVIDENCE ON THE FOREGOING MATTERS.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 Division 15, page 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 82-1 (hereinafter referred to as Maintenance District); and WHEREAS, there has now been presented to the City Council the Certified Engineer's Report (hereinafter Report) as required by said Division 15 of the Streets and Highways Code; and WHEREAS, the City Council has now carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and the Council has made a preliminary determination that the assessments have been spread in accordance with the benefits received from the maintenance, from the maintenance to be performed, as set forth in said Report; and WHEREAS, at this time the City Council is desirous in commencing proceedings to provide for the annual levy of assessments for the next ensuing fiscal year in order to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said Maintenance District.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 the public interest and convenience requires, and it is the intention of the City Council, to undertake proceedings for the annual levy and collection of assessments to pay the costs and expenses for the maintenance of the improvements for the above referenced Maintenance District, said improvements generally described The works of maintenance shall include the repair, removal or replacement of any of the landscaping improvements, together with necessary cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury. For particulars, reference is made to the Engineer's Report on file in the office of the City Clerk. Section III: That said works if improvements are of direct benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by the City Council, a copy of which is on file in the office of the City Clerk and open for public inspection, and is designated by the name ofthis Maintenance District. Section IV: That the Report of the Engineer is hereby approved on a preliminary basis and is ordered to be on file with the City Clerk and open for public inspection. Reference is made to said Report for a full and detailed description of the existing works of improvement, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land with the Maintenance District. Section V: Notice is hereby given that Tuesday, the 22nd day of June, 2004, at the hour of 7:00 P.M., in the regular meeting place of the City Council, being the Council Chambers, City Hall, is the time and place fixed by the City Council for hearing protests or objections in reference to the annual levy of assessments and to any other matters contained in this Resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearings. Section VI: For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person desi gnated below: Bob Knaak, Development Services Supervisor City of Orange Public Works Department P.O. Box 449 - 300 East Chapman Avenue Orange, California 92866-0449 714) 744- ADOPTED this II th day of May, 2004. fOrange ATTEST: E MaryE I, MARY E. MURPHY, City Clerk, 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 II th day of May, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None M~~(~fOc~g, 3- PRELIMINARY ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 82- 1 Fiscal Year 2004/ 2005 CITY OF ORANGE May, TABLE OF CONTENTS PAGE PART 1 AUTHORITY FOR REPORT 1 PART 2 PURPOSE OF REPORT PART 3 DISCUSSION I .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 EXHIBIT C 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 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, ofthe Streets and Highways Code. PART 2 - PURPOSE OF REPORT The purpose of this report is to present the engineering analysis for the 200412005 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 assessments 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 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 shall 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 No.82-l 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 of this 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 approved 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 2004/2005 assessments, tabulated by Assessor's Parcel Number, are on fue 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 200412005 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 of the Works of Improvement. 5.3- 0"a y 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 Exhibit B Page 10f2 EXHIBITB ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 82- 1 City of Orange METHOD OF ASSESSMENT Backl! round 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 Exhibit B Page 20f2 Assessment to Lots 1- 10 Assessment to Lots 11-56 483.00 LotlYear (l/10x50%) ($9. 660.00)105.00 LotlYear (l/46x50%) ($9. 660.00)This assessment is the same as Fiscal Year Exhibit C Page 10f3 EXHIBIT C ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 82- 1 City of Orange ESTIMATED COSTS The estimated budget necessary for the 2004/2005 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 Pers Retirement Total Salaries and Benefits Water Electricity Landscape Maintenance - Contractor Other Professional & Consulting Services Contractual Services (Labor & Maint.)Total Contractual Services 1, 882 152 if) 118 24 188 2 12 28 47 2, 519 1, 575 500 5, 500 600 3. 800 11, 975 Exhibit C Page 20f3 Seeds and Plants Pipes and Fittings 0 Q Total Materials and Supplies 0 G & A Overhead Allocation FMIS Allocation 210 o Total Internal Service Costs 210 Total Expenditures for Fiscal Year 2004/2005 14.710 Exhibit C Page 30f3 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 2004/ 2005 Use of Rate Stabilization Fund TOTAL 700 D. 660 U, 350 14, 710 TOTAL EXPENDITURES Budget for Fiscal Year 2004/2005 14, 710 ESTIMATED RESERVES Cash Flow Fund (6 mo. expenditures)Contingency Fund Assessment Rate Stabilization Fund TOTAL 6, 600 2, 640 U. 961 13, Exhibit D Page 1 of 1 EXHIBITD ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 82- 1 City of Orange FISCAL YEAR 2004/2005 ASSESSMENT ROLL The assessed parcels and assessments are listed by their corresponding assessment numbers in the following Assessment Roll.Filename Eng. Report